The Czech Republic amended the Employment Act in December 2023, introducing several changes affecting foreign workers. In order to attract new talent and develop a competitive workforce, two key changes have been implemented. 1) The rules on the labour market test have been relaxed, and 2) for a selected list of countries, free access to the labour market has been granted.

Relaxed labour market test rules.

The labour market test is the requirement to prove that is not possible to find a resident worker (Czech national or EU/EEA/Swiss national) to fulfil a position, before offering it to a third-country national. It is conducted by posting the vacant position on the Labour Office online platform for a duration of 10 to 30 days before proceeding to the next stage of the application. The labour market test is generally required for Employee Card and EU Blue Card applications.

Since July 1, 2024, the relaxed labour market test rules mean that:

• Employers will still be required to ensure that a job vacancy has been posted on the government online platform.
• Employers will no longer be required to advertise the opening for 10 to 30 days before beginning the hiring process of a third-country national worker.
• The third-country national can submit the Employee Card application as soon as the vacancy number is issued (within 1-3 days of the posting).

Please note that the Labour Office will now have the right to remove a position from the vacancy register after six months of posting. Employers who have posted vacancies in advance as a precautionary measure should adjust their practice.

Free access to the labour market for selected countries.

As part of a pilot scheme, nationals of selected countries have been introduced as a new category of beneficiary of the work permit exemption. The list of work permit-exempt countries includes Australia, Canada, Israel, Japan, New Zealand, Singapore, South Korea, the UK, and the USA.

It is possible that the list of work permit-exempt countries could be expanded, following a successful pilot of the scheme.

Effective July 1, 2024, the work permit exemption applies as follows:

• No work permit (and no vacant position posting) is required for nationals in work permit-exempt countries when working in the Czech Republic more than 90 days.

• Long term visa/residence permit requirements still apply.

• Local registration requirements still apply.

• Working whilst a visitor in the Czech Republic is still not permitted, unless an alternative exemption applies. If a national from a work permit-exempt country is required to work in the Czech Republic for fewer than 90 days (subject to the Schengen allowance), they will be required to obtain a work visa (referred to as a Schengen C visa for work purposes) before travelling to the Czech Republic.

• EU Blue Card and ICT categories are excluded from this exemption.

Newland Chase insight.

With these changes to the labour market test and the granting of free access to the Czech Republic labour market to nationals from certain work permit-exempt countries, employers should now benefit from a faster hiring process. However, employers are reminded to note that these changes do not grant permission for third-country nationals to work in the Czech Republic whilst as a visitor, unless another work permit exemption applies.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

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 Case for any case- or company-specific assessments.  

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On July 1, 2024, a number of significant updates took place within the Australian migration framework. This article highlights some of these changes in detail. 

Working holiday visas.

UK citizens up to age 35 can now apply for subsequent visas without regional work requirements. In addition, Australia introduced Subclass 462 Work and Holiday Visas for Philippine citizens aged 18-30. This visa requires applicants to hold tertiary education qualifications or have completed at least two years of post-secondary education. 

Temporary graduate visa.

Temporary Graduate Visa (Subclass 485) streams have been renamed as Post-Vocational Work stream and Post-Higher Education Work stream. Age limits are now 35, or 50 for applicants who completed a Masters (research) or Doctoral Degree (PhD) to meet the Australian study requirement or hold a Hong Kong or British National Overseas passport.

The English proficiency requirement has been raised to 6.5 (IELTS or equivalent).

Student visa changes.

In a major change to the operation of student visas in Australia, holders of certain visas including Subclass 485 Visa and Visitor Visas (among others) can no longer apply for a student visa while they are physically present in Australia.  

Superannuation employer contribution.

The Superannuation Guarantee has increased to 11.5%. Employers must ensure that sponsored visa holders receive the additional superannuation entitlement and that the guaranteed annual earnings that have been approved by immigration are not reduced to absorb this increase. 

Other notable changes.

• Updates to 482 & 494 visa conditions.  

• Temporary Skilled Migration Income Threshold (TSMIT) raised to $73,150.  

• Fair Work High Income Threshold (FWHIT) set at $175,000. 

• BIIP 188 Visa closed; National Innovation Visa planned for 2024. 

• Enhanced fines under Migration Amendment Act 2024 for employer compliance. 

• Government lodgment fees increased by approximately 2.8% for most visa subclasses.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

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 Case for any case- or company-specific assessments.  

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On June 25, 2024, China’s Foreign Ministry announced an expansion of its visa exemption policy to citizens of New Zealand, Australia, and Poland.

Starting July 1, 2024, until December 31, 2025, individuals holding ordinary passports from these countries can enter China without a visa for stays of up to 15 days. This policy covers purposes such as business, tourism, visiting relatives, and transit.

Foreign Ministry Spokesperson Mao Ning highlighted that travelers not meeting the visa exemption criteria must still obtain a Chinese visa in advance of their travel.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

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 Case for any case- or company-specific assessments.

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Effective July 1, 2024, the Australian Government is implementing updates to visa conditions 8107, 8607, and 8608 as part of its Migration Strategy. These adjustments apply retroactively to existing visa holders and will affect those granted visas from July 1, 2024, onwards. Notably, any periods before July 1, 2024, where a visa holder ceased employment will not count towards the new allotted time frames.

The amendments would primarily benefit holders of the Temporary Work (Skilled) visa (subclass 457), Temporary Skill Shortage visa (subclass 482), and Skilled Employer Sponsored Regional (provisional) visa (subclass 494). These visa holders who cease employment with the sponsoring employer will have increased flexibility and will be able to seek a new sponsor, apply for a different visa, or arrange to leave Australia up to:

• 180 days at a time; or
• A maximum of cumulative period of 365 days throughout the visa grant period.

These specific visa holders are allowed to work for different employers, even in roles not specified in their most recent sponsorship nomination within the timeframes mentioned above after they stop working for their sponsoring employer. This flexibility ensures they can maintain financial stability while exploring new career prospects.

It remains crucial for employers to promptly notify the Department of Home Affairs of any changes, such as ceasing sponsorship or the resignation of a visa holder, within 28 days.

Newland Chase Insights

These amendments represent a notable change towards supporting labor market mobility and protecting the rights of temporary foreign workers in Australia. By extending the grace period for job transitions and permitting work across varied occupations, the government aims to foster a more adaptable and resilient workforce.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

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 Case for any case- or company-specific assessments.

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Newland Chase has partnered with Go Global Immigration, PLLC, an independent, affiliated law firm, to provide expert consultation and support to clients on their U.S. immigration needs. Go Global is an independent, affiliated firm that offers a dedicated attorney-client relationship and a highly experienced team. This partnership provides our clients with access to seamless, centralized, global reporting and services.

The team at Go Global consists of highly trained U.S. attorneys who have experience of managing immigration at top U.S. employers and law firms. The new firm will be focused on helping companies build programmatic U.S. immigration capability as well as supporting on individual employee needs.

Supported services that are provided through the partnership include U.S. work visas (H-1B Specialty Occupation, L-1 Intracompany Transferee, O-1 Extraordinary Ability, E-3 for Australians, and TN for Canadians and Mexicans) and U.S. employment-based green cards (PERM Labor Certification, EB-1C Multinational Manager, EB-1A Extraordinary Ability, and National Interest Waiver).

With this partnership in place, clients can expect to receive the highest level of U.S. immigration compliance, simplified reporting, and direct communication. Contact us to learn more about how Newland Chase can help with your U.S. Immigration needs.

Meet the team

Elizabeth Kumbhari

Elizabeth Kumbhari is Managing Partner at Go Global Immigration, PLLC, a U.S. business immigration law firm. Prior to joining Go Global Immigration, Elizabeth was Vice President of Client Management, Americas Immigration at Newland Chase, a CIBT Company. At Amazon, Elizabeth served as Business Advisory, Canada and Latin America Lead. As General Counsel and Vice President of Professional Exchange Programs at Cultural Vistas, Elizabeth led one of the largest J-1 visa programs in the United States. She also has experience working in the academic sector as Director of International Offices for Long Island University and Northern Kentucky University.

Elizabeth holds a Doctorate in Organizational Leadership and Learning (EdD) from Vanderbilt University, where her research focused on identifying the characteristics of successful overseas assignments at Fortune Global 500 companies. She also holds a Juris Doctor from Northern Kentucky University. She has been a practicing attorney for more than 12 years and is licensed in multiple states. Elizabeth sits on the Board of Directors at Worldwide ERC, Global Ties, U.S., and The Letter Project. She is a member of the American Bar Association and the American Immigration Lawyers Association, where she serves on the Online Course Review Committee. Elizabeth is a member and contributing author at Forbes Business Council, and a corporate advisor at AI2030.

Justin Scott Kadich

Justin Scott Kadich is a Senior Immigration Attorney at Go Global Immigration, PLLC, where he seamlessly supports companies and foreign nationals through their US business immigration journey. Justin has over 10 years of experience as an attorney in high-volume US business immigration law firms having graduated summa cum laude and third in his law school graduating class.

Justin most recently was a senior attorney at Erickson Immigration Group in Arlington, VA, leading a team of attorneys and paralegals in the employment-based green card department. Before this, he was a senior associate U.S. immigration attorney at PwC Law LLP in Toronto, Canada, where he also managed the employment-based green card process and successfully implemented the marriage-based green card process.

Justin also served in the non-immigrant visa section at Garson LLP, where he helped streamline the process, and at Nair Law Group, where he focused on employment-based non-immigrant visas and the PERM process. Prior to becoming a lawyer, Justin worked for the Commonwealth of Massachusetts as a food stamp (SNAP) eligibility worker and won an award for his dedication to the immigrant community during his participation in the immigration law clinic at law school.

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The Temporary Skilled Migration Income Threshold (TSMIT) will increase to AUD 73,150 from AUD 70,000 from 1 July 2024. Any new nomination applications submitted on or after this date, must meet the new minimum salary requirement or the annual market salary rate, whichever is higher.

Current visa holders and nomination applications lodged before the effective date will remain unaffected.

Newland Chase Insights

Clients are encouraged to evaluate their affected employees and consider filing the applications before the change takes effect.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

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 Case for any case- or company-specific assessments.

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In an effort to streamline work and student permit processes, the Swedish Migration Agency has introduced a pilot scheme to allow nationals from 23 countries to complete the passport verification requirement using an application on their mobile phone or computer instead of attending in person to a Swedish Embassy or Consulate. Eligible applicants include nationals from Albania, Argentina, Australia, Bosnia and Herzegovina, Brazil, Canada, Chile, Colombia, Georgia, Hong Kong, Japan, Malaysia, Mexico, New Zealand, North Macedonia, Peru, Serbia, Singapore, South Korea, Taiwan, UK, Ukraine, and the USA.

It is anticipated that eligible applicants will receive an email from the Swedish Migration Agency within a few days of submission of the work or student permit application. The email will contain a link to the online service to complete the verification process online.

The introduction of the online verification will hopefully allow faster processing of applications and will be more cost effective to applicants. However, with many new online services, there may be some potential issues during the initial implementation phase.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an enquiry here should you have any specific questions regarding this announcement.

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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Permanent Migration Program Planning for 2024-25

The Australian Government has set a target of 185,000 places for the 2024-2025 permanent Migration Program, with 70 percent of places (132,200 places) dedicated to skilled migrants. Net overseas migration is projected to decrease by 110,000 from July 2024, dropping from 528,000 in 2022-2023 to an estimated 260,000 in 2024-2025.

Visa Updates

Temporary Skill Shortage Visa

Starting November 2024, the work experience requirement for the Temporary Skill Shortage (subclass 482) visa will be reduced from two years to one year, facilitating quicker access for skilled workers.

Work and Holiday Visa

A new ballot process will be introduced for the Work and Holiday visas (subclass 462) for applicants from China, Vietnam and India starting in 2024-2025. This process, which includes an AUD 25 application fee, aims to manage demand and streamline application processing.

Mobility Arrangement for Talented Early-Professionals Scheme (MATES)

Launching in November 2024, this program will offer 3,000 Indian graduates and professionals a two-year visa in Australia. A ballot process similar to the work and holiday visa will apply.

New National Innovation Visa

Replacing the Global Talent visa, the new National Innovation visa aims to attract exceptionally talented migrants in sectors of national importance starting late 2024.

Business Innovation and Investment visa program (BIIP)

This program will cease, with refunds of the visa application charge provided from September 2024 for those who withdraw their application.

Student Visa

The government plans to introduce intake limits on international student places. Places were previously uncapped.

Regional Partnership

An AUD 505.9 million investment over five years will deepen Australia’s engagement with Southeast Asia, including measures to enhance visa access and provide long-term business visas for ASEAN member countries and Timor-Leste, promoting regional collaboration and economic ties.

In relation to the new partnership with India, the validity of the Business Visitor visa (subclass 600) for Indian nationals will be extended from three years to five years.

Migration System Planning, Reforms and Funding

Migration Program Planning

From 2025-2026, the planning horizon will extend from one year to four years to enhance management and stability.

Introduction of Administrative Review Tribunal

An AUD 1 billion initiative over five years will establish the Administrative Review Tribunal (ART), replacing the Administrative Appeals Tribunal (AAT). This investment aims to eliminate backlogs and improve the efficiency of migration decision reviews, ensuring a more responsive and fair system.

Heightened Emphasis on Compliance

The government will allocate AUD 100 million to the Department of Home Affairs for the 2024-2025 fiscal year to enhance core functions. This will help bolster the Australian Border Force operations, immigration compliance efforts, and maintenance of essential systems supporting these operations and services.

AUD 18.3 million will also be invested over four years to reform the migration system, focusing on economic growth and maintaining system integrity. AUD 15 million will support educational programs to inform migrant workers about their rights and protections under Australian law, while AUD 1.9 million is allocated for a pilot project to crossmatch income and employment data between the Department of Home Affairs and the Australian Taxation Office to prevent worker exploitation.

Newland Chase Insights

Although the reduction in the net migration target signifies a tightening of migration intake, having 70 percent of the target 185,000 places for 2024-2025 allocated to skilled migrants reflects the Australian government’s strategic focus on economic growth by competing for highly skilled talent. Significant investment is also aimed at improving the migration system with a focus on protecting migrant workers, increased employer compliance and regional collaboration enhancement.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

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 Case for any case- or company-specific assessments.

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Update, May 8, 2024: China has extended the visa-free policy for short-term visits to China for 12 countries until December 31, 2025. The extension is “to promote exchanges between Chinese and foreign nationals”, and applies to citizens of France, Germany, Italy, the Netherlands, Spain, Malaysia, Switzerland, Ireland, Hungary, Austria, Belgium, and Luxembourg. Citizens of these countries with ordinary passports will be allowed to enter and stay in China visa-free for up to 15 days for business, tourism, visiting relatives and friends, and transit.

Update, March 7, 2024: The government of China is extending limited visa-free travel to an additional six European countries. As of Thursday, 14 March, passport holders from Switzerland, Ireland, Hungary, Austria, Belgium, and Luxembourg will also be allowed to visit China for business, tourism, or to visit family, for up to 15 days without a visa. The waiver for these six countries will remain in effect until 30 November 2024.

For visits of longer than 15 days, or for reasons other than those cited above, visitors will still need to apply for the appropriate visa from the Chinese government.

Late last year, China launched visa-free travel for up to 15 days for passport holders from six countries – please see our original post below for additional information.

Original Post, November 27, 2023: China is granting a visa-waiver to citizens of six countries, allowing them to visit China for periods up to 15 days for Business, Tourism, Family Visit, and Transit purposes. The waiver applies to citizens/passport holders from the following countries.

• Germany​
• The Netherlands​
• France
• Italy
• Spain
• Malaysia​

China already allows short-term visa-free travel from some Asian nations, including Singapore.

The waiver is being introduced on a temporary basis and is expected to be in place for at least the next year. The waiver goes into effect for passport holders from the six countries on 01 December. It allows entry through any port-of-entry in Mainland China. People traveling on the visa-waiver are limited to a single entry/exit; multiple entries are not permitted. The traveler must exit China by midnight of the 14th day of their visit.

The policy may be revoked by the Chinese government at any time. It comes as China continues to try to build back international tourism following the COVID-19 pandemic. While China has seen domestic travel now exceed pre-pandemic levels, international travel to China is still lagging. ​

Immigration Insights​

Although the policy has been formally announced, a number of questions remain. It is unclear if existing visas for travel from these countries for periods under 15 days will still remain valid. China is indicating travelers will not be able to apply for visas “just in case” as a backup, if they qualify for the waiver. It is also unclear if airlines and cruise lines have been informed of the policy change, and if attempting to travel visa-free will cause issue with air carriers and cruise lines.

We will continue to monitor this developing situation and continue to provide updates about its implementation.

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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On March 31, 2024, Japan launched a new residence status called “Digital Nomad Visa”. This visa allows eligible foreign nationals to remain in Japan for up to six months in a 12-month period and work remotely for their overseas employer. Digital Nomad Visa holders are permitted to carry out the provision of paid services or selling of goods to overseas clients and are geared towards professions such as software developers, digital designers, virtual assistants, or sole proprietors of foreign companies.

How do applicants qualify for this visa?

• Applicants must be a national of a visa-exempt country and a country with a bilateral tax treaty with Japan. 
• Applicants must be employed by and remunerated by their employers overseas. 
• Applicants must have a minimum annual income of at least JPY 10 million (approx. USD 68,300) or more at the time of application 
• Applicants must hold an insurance policy that covers death, injury, and illness during their stay in Japan. Coverage of 10 million yen or more for the costs of treatment for injuries and illnesses must be in place.

A Digital Nomad Visa-holder can bring a legally married spouse and children with legal parentage to Japan, provided they also meet eligibility criteria. The Digital Nomad Visa will come under the “designated activities” visa category. Refer to the table below for the list of eligible nationalities.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

Nationalities Eligible for Japan’s Digital Nomad Visa

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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