In the ever-evolving landscape of global mobility and immigration, the year 2024 stands as a pivotal moment for significant transformations and technological advancements. This article provides a comprehensive analysis of the latest shifts and innovations in the field, ranging from the implementation of the EU Entry/Exit System (EES) to the increasing digitization of visa processes, the strategic pursuit of global talent, and the crucial balancing act between immigration compliance and enforcement.

As nations strive to attract highly skilled professionals while ensuring robust border security, let’s explore the intricate dynamics and forward-thinking strategies that are shaping the future of global immigration and mobility.

Entry/Exit System (EES)

The EU Entry/Exit System (EES) is an automated system for registering travellers from third-countries, both short-stay visa holders and visa exempt travellers, each time they cross an EU external border. The system will register the person’s name, type of travel document, biometric data (fingerprints and captured facial images), and the date and place of entry and exit, all while fully respecting fundamental rights and data protection.

The introduction of this system will ensure that travelling to European countries is more efficient and removes the need for passport stamping and border control procedures on arrival as registration will be done at the external border. The EES will also make it easier for immigration officials to identify any traveller who has overstayed in EU countries or confirm if an individual has no right to enter.

Whilst the exact date that the EES becomes operational is still to be confirmed it is expected to be in place in or around October 2024.

Digitisation Persists

Throughout 2024, we expect to see an increase in countries continuing to leverage advanced online filing systems to simplify immigration procedures. Governments have continued to phase out mandatory requirements to submit hard copy applications, with the widespread adoption of electronic visas expected to become more standard practice.

For example, the Australian Government are looking to implement changes that will improve the migration system’s efficiency. Their plans include streamlining visa application routes and enhancing overall user-friendliness within the immigration system.

Countries such as Kenya have recently implemented digital pre-travel security checks for visa-waiver nationals through electronic travel authorization systems. This will eliminate the requirement to obtain a visitor visa for Kenya. The UK are also preparing to introduce the ETA in 2024 and final preparations will be made for the implementation of ETIAS in EU/Schengen which has a revised start date to begin in 2025.

Global Talent Dynamics

The competition for global talent will remain as organizations seek specialized skills. Countries will prioritize attracting and retaining highly skilled professionals to drive economic growth. In December 2023, Ireland’s Department of Enterprise, Trade & Employment announced an increased eligibility for employment permits for non-EEA nationals adding 11 roles to the Critical Skills Occupation List and made an additional 32 roles eligible for a General Employment Permit.

The recent update to the EU Blue Card is another example that demonstrates greater facilitation of the movement of foreign nationals, specifically within the EU. Once the EU Blue Card holder has completed 12 months employment in the first member state (which was previously required to be 18 months) they may then be eligible to enter, reside, and subsequently work in a second member state within 30 days of filing a simplified new EU Blue Card application. Time spent on the EU Blue Card in the first Member State will count towards the legal residency requirement for obtaining EU Long Term Residency status in the second member state.

Furthermore, remote work visa options and digital nomad visas continue to be considered by an increasing number of countries as a means to attract foreign workers and accommodate the rise in flexible work arrangements. South Korea have recently begun a pilot operation of the digital nomad visa which began on January 01, 2024. This visa allows foreign nationals to work remotely while being able to avail of an extended stay in South Korea. The foreign national must be employed outside of South Korea.

Another emerging trend is that of governments choosing to extend visa-waiver options to nationals of additional countries. From March 2024, Thailand and China will permanently waive visa requirements for each other’s citizens. Additionally, China is granting a visa waiver to nationals of six countries (Germany, France, Spain, Italy, Malaysia and the Netherlands), who will be able to visit China for up to 15 days for business, tourism, family visits and transit purposes.

Despite all the above-mentioned measures being introduced to lure foreign talent, protectionist measures will persist due to ongoing economic challenges. Governments will need to navigate a delicate balance between global talent acquisition and safeguarding jobs for local workers. Hungary is introducing changes to existing immigration rules, with an aim to tighten their immigration regulations.  In the second half of 2024, elections will take place in the United Kingdom and United States and the outcome of these will determine immigration policies in both countries.

Immigration Compliance and Enforcement

Governments will intensify efforts to enforce immigration compliance by way of visa inspections and increased scrutiny of purpose of travel at borders.

For example, we have recently observed German immigration authorities requesting temporary reinstatement of internal Schengen borders.  We also anticipate an increase in inspections to verify posted worker compliance in EU and EEA countries as well as more focus on the social security aspect of compliance (A1 form).

Countries including the US, Canada, and South Africa continue to grapple with huge application backlogs, largely rooted in the COVID-19 pandemic. These backlogs leave foreign nationals in a state of limbo for extended periods and lead to some seeking more efficient administration and security elsewhere, which is problematic, particularly in the case of highly skilled migrants. The United States Department of Homeland Security plans to make changes in 2024 to the process for adjustment of status to permanent residence. This change is anticipated to reduce processing times and promote the efficient use of immediately available immigrant visas

Preparing for the Next Global Challenge

Finally, companies increasingly find themselves operating in challenging locations and subject to adapting to the latest “polycrisis”. Emergency situations and the need for crisis management are becoming increasingly common and require complex strategic solutions. The need for urgent international travel—either in to or out of locations—can result from many types of emergencies: from natural disaster to pandemic; from political upheaval to military conflict.

We also anticipate growth and high volumes of movement in the Middle East and particularly Saudi Arabia. Authorities in Saudi Arabia have introduced a tourist eVisa, which allows foreign nationals to take part in tourism-related activities such as events, family and relatives visits, or leisure activities. It is also anticipated that Saudi Arabia will introduce an eVisa for business travel. With Saudi Arabia being the sole bidder for the FIFA World Cup in 2034, we expect that this will create a significant increase in job opportunities for companies seeking to hire foreign talent.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case or company-specific assessments. 

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Some of the fee increases are quite steep. For example, a multiple entry e-visa is increasing in price from the current rate of USD 100, to a new level of USD 500. A single-entry e-visa is climbing from USD 50 to USD 100. Business visas are also seeing a great increase in cost going from USD 50 to USD 1,000.

Processing and issuance fees for Class D work permits (general employment) are tripling in price, or more, with the issuance fee for a two-year visa increasing up to one million Kenya shillings (approx. USD 6,500).

Both tourists and foreign workers heading to Kenya should take the increase in fees into account in their future plans. A complete list of fee increases can be found in the 7 November edition of the Kenya Gazette.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

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The visa-waiver allows for travel for periods of up to 90 days within a calendar year, for purposes of business or tourism. The 90 days may be used in one block, or in incremental amounts until the 90-day total within a calendar year is reached. For stays beyond the 90-day limit, citizens of each country would then need to apply of a visa.

The two countries hope the agreement will boost tourism and will help to deepen economic cooperation between the two nations. It is also part of a growing trend of African nations moving towards free travel for citizens of the continent. Recently Kenya waived visa requirements for citizens of all other African nations.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

The post GHANA – Visa Waiver Scheme with South Africa Launched appeared first on Newland Chase.

Kenya’s president made the announcement at a conference last week. President William Ruto said the move is part of the process of implementing a continent-wide free trade area across Africa and is designed to promote mobility for Africans of all nationalities.

Kenya joins three other African nations – the Gambia, Benin and Seychelles – in scrapping visa requirements for the citizens of other African nations. The African Union, which represents 55 African nations, has been advocating the removal of all travel barriers between its member nations.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

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• Understudies: When submitting an application for a Class D Permit, Kenya companies are required to provide details of an Understudy, a trainee who will be trained to fulfil the role that the foreign national will be taking. The DIS has implemented a database to retain details of all understudies, the principals and the permits they are linked to.

Under the current process, the DIS generally accepts the information regarding the Understudy submitted as part of the application. Under their new policy, the DIS will conduct verification calls to the Understudy when reviewing applications for a foreign national’s Class D permit.

Additionally, under the current process, the DIS does not monitor the effectiveness of the Understudy, however under the new process, when reviewing extension applications the DIS will check their Understudy database and will contact the Kenyan company and the Understudy for verification of the details. If the period of training indicated in the initial application has lapsed, but the Understudy has not filled the role they had intended to fill, the extension application of the foreign national could be affected.

Sponsoring companies are advised to review their Understudies training programs to prepare for upcoming extension applications.

• Academic qualifications: The DIS will intensify its scrutiny and verification of academic qualifications and a foreign national’s suitability to the role in Kenya. Sponsoring companies will be required to identify Understudies who have similar academic and experience backgrounds to the foreign national to maximize a successful training program. If the foreign national’s suitability to the role is based on their experience, and not their academic qualifications, the sponsoring company will need to ensure they provide significant evidence in the form of detailed reference letters.

Newland Chase Insights

The above changes indicate that the Kenyan authorities are intensifying their scrutiny of work permit applications, and looking to streamlining processes through implementing changes to address identified issues.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

The post KENYA: Tightening of Requirements to Class D Permits appeared first on Newland Chase.

Those certified to have tested positive for tuberculosis will not be able to apply for a long-term stay.

Who Is Affected?

The requirement has been extended to nationals of Nigeria, South Africa, Belarus, Mozambique, Moldova, Azerbaijan, Angola, Ethiopia, Ukraine, Zimbabwe, Kazakhstan, Congo, Kenya, Papua New Guinea, Tajikistan and Peru.

It already applied to nationals of Nepal, East Timor, Laos, Russia, Malaysia, Mongolia, Myanmar, Bangladesh, Vietnam, Sri Lanka, Uzbekistan, India, Indonesia, China, Cambodia, Kyrgyzstan, Thailand, Pakistan and Philippines.

The certificate is required for long-term visas including the E-7 for local hire; the D-7 for intra-company transfer; the D-8 for inter-company transfer; the D-9 (Treaty Trader) visa for service contracts; and the F-3 visa for dependent family members of work visa holders.

The certificate is not required for the type A visa (government official); the C-1 visa (short-term news coverage); the C-3 visa (short-term visit general); the C-4 visa (short-term employment); and children age under six and pregnant women.

Consular Applications

For long-term visa applications at a South Korean diplomatic mission, nationals of the above countries, resident in any of those countries, must submit a certificate of health including a TB test result, valid for three months, issued by a hospital designated by the relevant Korean diplomatic mission within the last three months.

If nationals of high TB-burden countries are applying from non-TB-burden countries, they need to have a TB test after arriving in South Korea and before applying for their ARC.

Post Arrival Applications

For change of status or extension of stay applications post arrival in South Korea, nationals of high TB-burden countries must submit a certificate of confirmation issued by a Korean public health centre. Applicants should check with a public health center by phone before the visit as most of the public health centers are currently fully focused on COVID-19 tests and treatments.

Our Advice

Employers who may be affected are encouraged to contact a Newland Chase immigration specialist for case-specific advice.

For general advice and information on immigration and business travel to South Korea, please contact us.

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Once implemented, the key changes will include:

• The introduction of three categories of visas and expansion of visa classes from six to 79
• Review of visa application channels to include embassies, visa application centres and visa on arrival
• Introduction of an eVisa
• Changes to Temporary Work Permit (TWP) applications and validity
• Provision for issuance of investor visa
• Visa exemptions

Please note that directives are expected from the Nigeria Immigration Service on the implementation of the new policy, but as yet no implementation date has been confirmed.

Visa Categories and Classes

The new policy introduces three visa categories – Short-Term Visas (‘SVV’), Temporary Residence Visas (‘TRV’) and Permanent Residence Visas (‘PRV’) – each of which includes several visa classes.

• SVVs are issued for up to 90 days for the purposes of tourism, business, family visit and temporary work permits, among others
• TRVs allow foreign nationals to enter Nigeria for up to 2 years (depending on the visa class) with multiple entries, for work or study, and with the possibility of bringing family members with dependent immigration status
• PRVs allow certain classes of foreign nationals, including highly-skilled workers and investors, to obtain permanent residence in Nigeria

Visa Application Channels

The new policy provides for visas on arrival for holders of passports of African Union countries and frequent business travelers, and establishes visa application centres in some countries for the submission to Nigerian diplomatic missions of visa applications on behalf of applicants.

All visa applications can also be submitted directly at the diplomatic missions.

Electronic Visa

For certain classes of short-term visa, an online application will be available.  Approval confirmation and an electronic Travel Authorization Letter (‘TAL’) will be sent out via email within 48 hours.

Temporary Work Permit

Temporary Work Permits will be available under two different visa classes:

• Temporary Work Permits under an F8A short-term visa will be valid for 90 days, for a single entry, and entering into an employment contract is not permitted
• Temporary Work Permits under an R11 temporary residence visa (similar to an STR visa) will be valid for 6 months (non-renewable) and for multiple entries. Entering into an employment contract is permitted

Investor Visa

The new visa policy makes provision for the issuance of an investor visa, as foreseen by the existing legislation. The visa will be valid for five years (renewable) with multiple entries, with different investment amounts required for different classes of investor.

Visa Exemptions

Visa exemptions are single entry, valid for up to 90 days and not valid for employment. The exemption for citizens of ECOWAS member states is retained, and others are added for:

• Citizens of Chad and Cameroon (Visa Abolition Agreement countries)
• Holders of official travel documents from United Nations Organisations (UNO), African Union Commission (AUC), ECOWAS Commission and African Development Bank
• Citizens of Brazil, Venezuela, Kenya, China, Cuba, Sudan, Namibia, South Africa, Mauritius, Singapore, Turkey, Tanzania and Rwanda (Reciprocity Visa Waiver Agreement Countries) holding diplomatic and/or official passports

Our Advice

Employers who may be affected are encouraged to contact a Newland Chase immigration specialist for case-specific advice.

For general advice and information on immigration and business travel to Nigeria, please contact us.

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