Labor shortages and demographic crises are driving states around the globe to reform their immigration policies. While some are introducing new visa policies to attract and retain expatriates on their territories, not all foreigners are treated equally. Let's have a closer look at the latest measures and how they affect international travelers, workers and students alike.
Kuwait's new restrictions on expats
As of September 1, as per a communique by the Ministry of Electricity and Water and the Ministry of Interior, expatriates who haven't paid their water and electricity bills are now prohibited from traveling. According to the Kuwaiti Ministry of Interior, this measure aims to collect nearly 70% of expatriates' unpaid bills, resulting from general delays in bill payments for extended periods.
Kuwait, therefore, chose to implement a new rule allowing expatriates to settle fines and bills before leaving the country, regardless of the purpose of their trip. The Traffic Department issued stern warnings about offenses like speeding and illegal parking by expatriates. A specific procedure for the payment of fines is now in place. Expatriates must pay their fines well before departure, as waiting until the airport is no longer an option. Non-compliance may result in travel bans, regardless of the purpose or mode of travel.
Kuwait defends its actions as necessary for national security and public order, denying any bias against expatriates. The Ministry of Interior emphasizes that expatriates can avoid sanctions and travel freely by simply complying with the law.
Italy needs expat workers for the harvesting season
Italy has been facing labor shortages in agriculture and tourism. The government's response was the announcement of 40,000 additional visas dedicated to non-European seasonal workers. This measure is applauded by groups of industries with a growing demand for workers. The number of permits had already increased to 83,000 for 2023 (up from 70,000 in 2022). The decree is timely for the apple and grape harvest season. It streamlines recruitment and reserves 15,000 spots for employer associations. Workers can apply through local immigration offices, with priority for early applicants. These seasonal workers mainly come from Morocco, Romania, India, and Albania, among others. In total, about 358,000 expatriates from 164 countries are on short-term contracts in Italy's agricultural sector.
Vietnam streamlines the recruitment of foreign workers
The Vietnamese Ministry of Labor, Invalids, and Social Affairs has made it a priority to achieve an efficient balance between foreign and local labor supply. This is why two solutions have been proposed to simplify the recruitment of highly qualified foreigners. The decree suggests that foreign professionals only need relevant experience and a diploma, even if it's unrelated to their new role in Vietnam. Foreign technicians are also eligible for a work permit with professional experience and one year of training, with existing permits validating their expertise.
The government's first strategy intends to empower regional Labor, Invalids, and Social Affairs services to manage expatriate workers, including issuing work permits. Alternatively, the second option delegates this authority to provincial People's Committees, granting them more control over foreign worker management.
These measures aim to attract skilled foreigners, filling gaps where Vietnamese nationals lack qualifications. As of June 2023, there were approximately 121,288 foreign workers in Vietnam.
Australia: New reforms for student visas
In March, Australia's Ministry of the Interior highlighted the need to attract more foreign talent. In response, the Albanese government proposed a student visa reform. This reform would allow international students to express their intention to permanently immigrate to Australia when applying for student visas, replacing the current "Genuine Temporary Entrants (GTE)" requirement. GTE restricts students to educational purposes only and prohibits intentions of permanent residency or work.
The Albanese government seeks to replace GTE with the "Genuine Student Test (GST)," aimed at accommodating highly qualified applicants to address labor shortages in specific sectors. According to the International Education Association, the current system has deterred many talented students from staying and working in Australia. However, there are concerns about a potential rise in the number of visa applications from expatriates not pursuing studies. Some universities have already indicated plans to implement restrictions to prevent fraudulent visa applications in April.
Oman
New law to protect expatriate workers
Oman's new labor law, introduced by Sultan Haitham bin Tarik, aims to achieve a better employer-employee balance and increased workplace transparency. It includes provisions for both Omani and expatriate workers. The following are key points of the law: Employers cannot hold expatriate workers' passports or private documents without consent; expatriate workers have 30 days to file a complaint after receiving a termination notice; A 6-month grace period is granted to allow employees to improve performance to avoid contract termination, with a commitment from the company to provide a welcoming work environment. The new law also guarantees at least 30 days of annual leave per year after 6 months of employment. Foreign employees can negotiate these rights with their employer. Besides, expatriate workers may request unpaid special leave under specific conditions.
On another note, expat workers are entitled to full salary on public holidays and round-trip tickets to their home country. The Ministry of Health has also committed to address provisions related to maternity, childcare, and sick leave.
Social protection for expatriates
Oman's new social protection law, enacted in August, is seen as a significant step towards integration and attracting foreign labor. It extends social protection to foreign workers, emphasizing unity among all residents. The law includes strict salary protection measures, with fines for non-compliant companies. It defines clear eligibility criteria and outlines the calculation and payment of benefits. An online platform has been set up to enhance communication and streamline processes regarding workplace accidents, maternity, and illness. This aims to guarantee they receive equal conditions as Omani citizens.
Russia reinstates E-Visas for foreign travelers
The Russian Ministry of Foreign Affairs reinstated its e-visa program on August 1, aiming to boost tourism after its suspension due to COVID-19 in 2019 and the Russian invasion of Ukraine in 2021. Despite claims of excluding "hostile" states, the list of eligible countries remains the same, adding Myanmar, Cambodia, and Vietnam. A total of 55 states, including European countries, can apply for the e-visa, which costs USD 52, through a website or mobile app. The e-visa is valid for 60 days and serves tourists, business travelers, and event participants. Applications need to be submitted at least 4 days before travel.
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Finland-Russia: Freeze in Visa Applications
Finland-Russia relations are in tension. As of August 1, visa and residence permit applications for Finland are no longer accepted in Saint Petersburg's visa center. The Finnish Ministry of Foreign Affairs cited resource constraints for this move, possibly in response to Russia's closure of the Finnish consulate general in Saint Petersburg starting October 1. Finland had previously hinted at taking "reciprocal measures."
While applications submitted before August 1 are still being processed, Finland may consider resuming applications in September, pending an official announcement.
Singapore announces new immigration reform
More clarity for more efficiency. Introduced on August 2 by the Singaporean Ministry of Foreign Affairs, the immigration law reform aims to strengthen the Immigration and Checkpoints Authority (ICA) in four key areas.
Speeding up digitalization
Starting in 2024, the ICA plans to automate checkpoints for all visitors, replacing manual passport checks with biometric passport scans. This will enhance efficiency and simplicity in the process.
Enhanced ICA powers
The second area aims to strengthen the ICA's ability to manage threats like pandemics and public safety issues. Reforms will enable the ICA to gather advance traveler information and restrict entry to or transit through Singapore for risky individuals.
Stronger borders
The third area enhances Singapore's border security. Currently, ICA officers need police assistance to arrest individuals or vehicles for non-immigration offenses outside authorized zones. Under the reform, ICA officers can make arrests independently, extending their powers. This is in line with the ministry's move to transfer security and protection duties from the police to the ICA since January 2023.
Permanent residence and Re-entry permits
The last area of reform focuses on improving immigration services related to re-entry permits and permanent residence. Key changes include clearer information on the risk of losing permanent resident status due to overseas stays without a valid re-entry permit; removal of the "one-month grace period" for permit renewal after expiration; emphasis on renewing re-entry permits before they expire to maintain permanent resident status; elimination of the right to appeal ICA decisions regarding permanent resident status; aligning permanent residence provisions with other provisions that lack appeal rights and emphasizing that foreigners do not have the right to demand entry or stay in Singapore; it's the government's prerogative.
These reforms aim to streamline and clarify the rules surrounding permanent residence in Singapore.
Japan: More flexible rules for Artist visas
In August, Japan revamped its artist visa regulations, making them more flexible and transparent, benefiting foreign artists. These changes apply to diverse fields such as theater, music, sports, media, and dance. They also ease entry for artists and simplify requirements for small productions and venues hosting foreign artists.
Foreign artists can now perform in venues with over 100 attendees, regardless of whether they serve food and drinks. Previously, they were limited to venues without food or drinks and at least 100 seats, but this change enables them to reach a broader audience in smaller venues, including those with food and drinks.
The reform exempts experienced foreign show organizers with sound finances from certain artist-related requirements. Keiko Hasegawa from Immigration Services applauds the simplified procedures for relieving pressure on artists, especially smaller ones. COVID-19 hit both local and foreign artists hard. In 2019, 45,400 artist visas were issued, dropping to just 1,570 in 2021. However, in 2022, there was a notable increase, with 24,404 artist visas granted.
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Japan Working Visa for Entertainers
Canada
Access to work permits for dependent children
A new way for Canada to address its labor shortages is by permitting dependent children of temporary work permit holders to obtain work permits. This applies to various fields, including open work permit holders, participants in the International Mobility Program, or the Temporary Foreign Worker Program. However, families of expatriate workers in the Seasonal Agricultural Worker Program or the agricultural stream of the Temporary Foreign Worker Program are not eligible for this change.
Canada expanded work permit eligibility beyond spouses and family members of primary visa holders, including students and highly skilled job holders. The aim is to boost the financial well-being of expatriate families, and promote integration into Canada's workforce and society, impacting approximately 200,000 foreign worker families.
Only eligible family members (spouses, common-law partners, and dependent children) can apply for work permits. Dependent children should be under 22, unmarried, and not in a common-law relationship. Children aged 22 and above can be considered dependent if they were financially reliant on their parents before 22 and can't support themselves due to medical reasons. It's crucial to verify eligibility and meet criteria, including potential medical examinations, before a dependent child applies for work in Canada.
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Canadian Government's Help Center, Dependent Children and Work
Pilot project for recognized employers of temporary foreign workers
Canada plans to address labor shortages by launching a pilot project in September for recognized employers under the Temporary Foreign Worker Program (TFWP). This project will streamline administrative processes, benefiting employers who regularly hire temporary workers.
Eligible employers will enjoy a simplified process, with Labor Market Impact Assessments (LMIA) valid for 36 months. LMIA assessments, typically required to hire foreign workers under the TFWP, demonstrate the unavailability of Canadian workers for the job in question.
Canada's pilot project aims to substantially reduce LMIA assessments, enhancing workforce planning for eligible employers. To qualify, employers must exhibit strong recruitment practices and have received three positive LMIA assessments for the same job within the last five years (based on in-demand occupations defined by Canadian authorities). The project rolls out in two phases, starting with agricultural sector employers in September, and other employers can apply in 2024. The application window remains open until September 2024.
Newly approved language tests for international students
Here's some good news for students applying for Canada's Direct Stream for Study, a program that offers faster study permits, usually processed in 20 days, costing 150 CAD. Eligible applicants come from various regions like South America (Brazil, Peru), Africa (Morocco, Senegal), and Asia (India, Philippines). Meeting language test requirements is among the additional eligibility criteria.
Since August 10, IRCC has approved four new English language tests for Visa-Dependent Employment: Canadian English Language Proficiency Program, Canadian Academic English Language, Pearson Academic English Test, and Test of English as a Foreign Language. Applicants need a minimum score of 7 for the first test, 60 for the second, 60 for the third, or 83 for the last one, depending on their choice of test.
Eligible students can take IELTS General or Academic Training tests, which require physical presence; online tests are not accepted for VDE applications. Students must show proficiency in one of Canada's official languages (English or French) in all aspects (speaking, listening, reading, and writing) to qualify.
Kazakhstan relaxes visa rules for foreign investors
Kazakhstan's new plan, led by Deputy Prime Minister Tamara Duisenova, seeks to boost professional immigration and foreign investment attractiveness. It simplifies work permits for eligible investors. It's worth noting that the country has already issued 75 investor visas this year. These changes involve streamlined procedures like individual IDs and electronic signatures. Additionally, a 10-year residence permit is introduced for those investing $300,000 in the "Ashyk Kazakhstan 500+" migration policy. This strategy allows investors to live, start businesses, hire staff, and conduct financial operations in the country.
These measures aim to enhance Kazakhstan's standing in free trade institutions, including ongoing negotiations for agreements with the UAE and India, further enticing foreign investors.
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France
Measures to encourage Indian student mobility
French government recently introduced a 5-year Schengen short-stay visa for Indian students having completed a semester in France. The French Embassy in India made the announcement on August 9, with emphasis on Master's degree holders and higher-level diploma students who meet Schengen visa criteria.
During Indian Prime Minister Narendra Modi's visit as the guest of honor at France's July 14 parade, these measures were considered as part of the 1998 France-India partnership. The French President and his Indian counterpart stressed the significance of enhancing exchanges, especially among young people. France aims to welcome 20,000 Indian students by 2025 and 30,000 by 2030, with plans for joint training programs, degree recognition, an Indian alumni (via a 5-year visa), and increased international mobility to facilitate talent exchange between the two countries.
Dysfunctions in services affecting foreign residents
While France aims to attract young foreign talents, it faces challenges regarding the rights of those already in the country and can't access public services effectively due to digital shortcomings. This issue, emphasized in an April report by the Defender of Rights, is characterized by cumbersome online procedures, including inaccessible French-only digital forms and technical glitches.
France initiated a program to modernize administrative procedures a few years ago via the "Administration Numérique pour les étrangers en France" platform. However, centralization intended for simplification and efficiency has led to confusion, chaos, and common issues like appointment scheduling, online processes, and delays, exacerbating the situation.
These issues greatly complicate residence permit acquisition. Expats often wait in vain for prefecture appointments, leading to visa expiration. While appointments made before expiration won't result in late fees, the main challenge is securing an appointment. Immigrant rights groups call for government action to enhance digital platforms and services, including multilingual support.
Greece: New conditions for Golden Visa applications
The Greek Golden Visa program now requires candidates to invest 500,000 euros in real estate, up from 250,000 euros, for a 5-year residency permit. This change, initially set for May 1, has been effective from August 1 due to a surge in applicants. Greece covers popular areas like Mykonos, Santorini, and Thessaloniki but restricts investments in places like the Athens suburbs.
The Greek government resists European Commission pressure to terminate the 2022 Golden Visa program. Greek Ministry of Immigration and Asylum reports it has garnered nearly a billion euros since January 2023, partly due to Portugal's suspension of their program, redirecting investors to Greece. Applications surged from 1,444 last year to 3,900 between January and May this year.
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European Union (EU)
Labor rights penalize some categories of foreign workers
The EU still grapples with labor shortages in various sectors, as per a July report by the European Commission, namely in healthcare, construction, STEM (science, technology, engineering, mathematics), and ICT (information and communication technology) fields. These shortages concern both low and highly-skilled positions. However, the issue is with laws for low-skilled expat workers, including short-term permits like seasonal work permits. In Finland, contracts under 3 months lack protection. Cyprus has low wages for domestic workers. In Germany, expats working less than 70 days face the lack of social security coverage.
Risks of exploitation
Variations in EU entry rules can leave expatriate workers vulnerable to exploitation due to their limited knowledge of local laws. In Germany, for example, expats without social security coverage lack protection, even in work-related accidents. Similarly, the Italian Decree 286/1998 mandates equal treatment for Italian and foreign workers, but, in practice, some foreigners receive lower wages. Expatriate workers, reliant on employers, may not assert their rights due to job security concerns. Experts suggest the EU must redefine the interplay of immigration, labor rights, and social security.
United Kingdom
Short-term visas to help struggling hoteliers
The UK government is considering a simplified 2-year work visa for individuals aged 18 to 30, aimed at addressing labor shortages. The British Hospitality Association (BHA) welcomes this proposal but calls for more efforts to attract young talent to the industry. Currently, the program primarily targets Europeans. However, BHA President Raphaël Herzog advocates for its extension to non-European nationals and a wider range of professions, including high-skilled roles like chefs.
The hotel industry has been hit hard by both Brexit and the COVID-19 pandemic, leading to closures and ongoing challenges. Staff shortages are impeding their recovery, with around 700 chef, 400 housekeeping, and 350 bar staff positions unfilled in Greater Bristol alone. UK Hospitality reports a 48% increase in job vacancies compared to pre-pandemic levels.
A contradictory approach by the government?
While the UK wants to retain expatriates in the hotel sector, the proposal involves raising health surcharges and visa application fees for immigrants and skilled workers. This discourages Herzog's push for recognizing hotel industry roles as legitimate professions, not just short-term jobs. He recommends promoting long-term careers in the industry. However, the announced surcharges could discourage candidates from seeking employment abroad.
Industry experts appreciate short-term visas for immediate relief but express concerns about stricter immigration rules leading to chronic turnover and potential labor shortages. They urge government support for recognizing hotel industry professions.
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Speaking Korean: A key point in South Korea's immigration reform
As South Korea tries to tackle demographic decline and labor shortages through immigration reforms, language proficiency remains a hot topic. Some oppose lowering the Korean language requirement for international students to attract 300,000 by 2027. They argue existing requirements are often unmet, and lowering them may be counterproductive for international students and long-term retention goals.
Debate swirls around E-7 visas, particularly the E-7-4 for skilled professionals. Han Dong-hoon from the Ministry of Justice underscores the importance of Korean language proficiency for this visa. It offers a 3-year permanent residency with unlimited renewals and mandates 4 years of professional experience. Extra points go to those with strong Korean language skills. Han Dong-hoon prioritizes language over technical skills but aims to revamp the Korean migration system to attract more qualified foreign workers. Addressing demographic decline is crucial, and he suggests a careful, non-partisan approach to reform. Immigration, according to Han Dong-hoon, is pivotal for South Korea's future.
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