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 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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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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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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By: Patricia Clarino

The following changes have been introduced by Immigration New Zealand with effect from April 7, 2024, specifically for positions categorized at Skill Levels 4 and 5. The authorities will now rely more on the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for skill level determination, with stricter criteria introduced for roles at these levels.

English test requirement

English language testing is now required for applicants to positions in Skill Levels 4-5. This new English test requirement can be fulfilled through various means, including citizenship, qualifications obtained, or specific English language tests.

Minimum skill threshold

There is also a minimum skill threshold that has been established for all applicants, requiring either three years of relevant work experience or a qualification at Level 4 or higher, with New Zealand Qualifications Authority (NZQA) assessment required for qualifications between Levels 4 and 6. The NZQA assessment and the degree relevance to job offer will not apply for degree level qualifications.

Shortened visa validity

AEWVs for Skill Levels 4 and 5 roles will now be valid for three years, extendable by one year, after which applicants must leave New Zealand for 12 months or apply for a higher skill level AEWV.

Labor market testing

Advertising for Skill Levels 4 and 5 is now required to be posted for 21 days instead of the previous 14 days. Employers aiming to recruit for Skill Levels 4 and 5 roles must coordinate with Work and Income (New Zealand’s social welfare and employment agency) for labor market assessments. Employers are obligated to verify applicants’ qualifications, report AEWV holder departures to Immigration New Zealand within 10 days, and bolster evidence of labor market shortages for lower-skill level roles. 

Newland Chase Insights

The introduction of new requirements for lower-skill level positions signals the reduction of the reliance on overseas workers for addressing the gap in the labor market. Employers are urged to collaborate closely with the authorities to enhance their recruitment strategies.

The announced updates are complex and fact-dependent. We recommend seeking specific advice in relation to these changes, particularly if you employ AEWV holders in ANZSCO Level 4 or 5 positions.

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 Chase for any case- or company-specific assessments.

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The potential penalties under the new scheme can include:

• Financial penalty of minimum $1,000;
• Loss of Accredited Employer status;
• Temporary ban from sponsoring work visa applications;
• Company listed in the non-compliant employer list.

The introduction of the new penalty system demonstrates New Zealand’s intentions to ensure and maintain compliance of immigration rules, and to combat breaches that do not warrant a criminal prosecution.

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.

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The government of New Zealand has introduced updates to its Permanent Resident Visa and Working Holiday Visa schemes, with moves towards more streamlined and user-friendly processes.

Online Submissions for Permanent Resident Visas

Immigration New Zealand has transitioned permanent resident visa filings to an online platform. The new filing route will streamline the processing of applications as it will eliminate the requirement to submit physical documents and the application’s status can be tracked online.

Paper-based permanent resident visa applications may still be accepted in exceptional circumstances and for certain visa types such as the Global Impact Permanent Resident Visa and the Afghan Emergency Resettlement Permanent Resident Visa.

Working Holiday Visa Caps and Opening Dates

Opening dates for 2024 Working Holiday Schemes (WHS) have been released by Immigration New Zealand and are outlined here together with this year’s cap for each country.

From the scheduled opening date, authorities will start accepting applications until the quota is reached, leading to the temporary closure of the scheme until the subsequent year. It is worth noting that working holiday schemes with remaining slots from the previous year will continue to be open until the allocation is exhausted and will reset on the 2024 opening date.

The opening date for applicants from Vietnam for the 2024 scheme is pending confirmation as ongoing discussions are being made to finalize an agreement to increase Vietnam’s WHS cap from 100 to 200.

Newland Chase Insights

The shifting of permanent resident visa filings to an online platform is a notable update as the change facilitates application tracking and removes the need to file for physical document submissions. This offers convenience for both clients and immigration authorities.

Information on the working holiday schemes for 2024 is crucial and places emphasis on the importance of filing the applications promptly, given the quota limitations. Newland Chase will continue to monitor the pending information on this year’s quota and opening date for applicants from Vietnam.

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 Chase for any case- or company-specific assessments.

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On December 11, 2023, an announcement was made by Home Affairs Minister Clare O’Neil on a comprehensive visa program overhaul which brings forth eagerly awaited reforms. We have outlined these in brief below:

Creation of new Skills in Demand visa 

Over the course of 2024, Australia will phase out the current 482 visa and will introduce a ‘Skills in Demand’ visa which will have a three-tiered approach to temporary skilled migration (three pathways or streams) and will be valid for a period of four years upon grant.

1. Specialist Skills Pathway: This is for applicants with a salary of $135,000 or more, and will have highest priority, with a target of seven days processing. Almost all occupations can apply, except trade workers, machinery operators, skilled laborers and drivers. There will be a limitation of 3,000 places per year for this cohort. 
2. Core Skills Pathway: This pathway is for applicants with salary between $70,000 and $135,000 with an occupation on a new ‘Core Skills Occupation List’. The authorities are aiming for a 21-day processing timeframe. Trades workers etc. are expected to fall into this cohort. 
3. Essential Skills Pathway: This pathway is restricted to aged- and disability-care related workers whose salary is under $70,000. A 21-day processing time frame is expected to apply.

The salary thresholds for each of the three pathways will be indexed annually to average weekly ordinary time earnings.

Another feature of this new visa will be that visa holders will have greater mobility. For example, if one is made redundant or ceases employment, then the visa holder will have 180 days to find another sponsor and can continue working during this period.

To facilitate job-switching and greater oversight of employers, the government will develop a public register of businesses that are approved to sponsor temporary migrants.

The government will also explore a model whereby the Skilling Australia Fund levies paid by employers are incurred in smaller amounts at regular intervals rather than upfront.

LMT (labour market testing) to be streamlined

In a significant move to enhance the efficiency of the immigration process and to respond to evolving workforce needs, the government has announced a series of changes to labour market testing (LMT) which will increase the advertising validity period from 4 to 6 months.

LMT will eventually be phased out, as Jobs and Skills Australia will be tasked with capturing data on skills shortages and updating the Core Skills Occupation List on a regular basis.

Revamping general skilled migration program

In a strategic move aimed at fostering long-term prosperity, the government is set to reshape Australia’s permanent skilled migration framework. Two key initiatives stand out: 1) The exploration of a reformed Points Test, and 2) the introduction of a new Talent and Innovation visa targeting migrants capable of catalysing growth in critical national sectors.

Enhancing integrity and quality in international education

The government is set to implement a series of measures aimed at uplifting standards for both international students and education providers.

Key initiatives include the imposition of higher English-language requirements for international students and graduates.

A notable AUD 19 million investment in the Home Affairs student visa integrity unit underscores the commitment to stringent oversight, ensuring that the system remains robust and responsive to potential risks.

Recognizing the challenges posed by “visa hopping,”—a practice that undermines system integrity and perpetuates “permanent temporariness,”—new restrictions will be introduced. These restrictions aim to streamline the visa system, discouraging misuse and promoting a more stable environment for international students.

Additionally, Temporary Graduate visa settings will be strengthened and simplified, providing a clearer pathway for international students to gain valuable post-graduate experience in Australia.

Safeguarding work visas: Combating exploitation and strengthening visa system integrity

To address the critical issues of worker exploitation and misuse of the visa system, the government is set to introduce a comprehensive set of legislation, powers, penalties, and policies aimed at bolstering protections for workers and upholding the integrity of the visa system.

Key initiatives include the establishment of a new public register of employer sponsors, designed to enhance transparency, integrity, and support the mobility of migrant workers. This register will furnish essential information such as the names of approved sponsors, the number of temporary skilled workers they employ, and the specific nominated occupations. There will also be a change of law to provide safeguards for visa holders notifying of exploitation.

Strategic migration planning: Matching skills with needs

The government is embarking on a strategic, evidence-based approach to migration planning, aiming to align skills with demand and foster collaboration with states and territories. This includes a shift towards longer-term migration planning, facilitating better management of intake, and fostering closer collaboration with States and Territories.

To define Australia’s skills needs, a formal role for Jobs and Skills Australia will be established, utilizing evidence and insights from tripartite mechanisms involving the government, business, and unions. This collaboration aims to ensure that skills development aligns closely with the demands of the Australian job market.

Recognizing the importance of skills recognition, the government will enhance the approach to skills assessment, unlocking the full potential of migrant contributions to the workforce. Additionally, an expanded outreach program will be launched, improving accessibility to the migration system and providing valuable support to those navigating the process.

Empowering Regional Australia: Tailoring regional visas and Working Holiday Maker Program

The government is taking strategic steps to bolster regional Australia through targeted adjustments to regional visa settings and the Working Holiday Maker program.

One key measure involves designating regional Australia as the highest processing priority for visas, a change implemented shortly after announcement. This prioritization aims to streamline the migration process, facilitating the efficient entry of skilled workers into regional areas where their contributions are needed most.

By tailoring these programs to the unique needs of regional communities, the government seeks to drive sustainable growth, address skills gaps, and foster a positive and supportive environment for both migrants and local workers in regional Australia. These initiatives underscore a commitment to regional development and a responsible approach to the management of migrant labour in these vital areas.

Strengthening Indo-Pacific connections: Enhanced mobility and engagement

Australia is adopting a fresh approach to deepen people-to-people ties in the Indo-Pacific region. Key initiatives include a direct pathway to citizenship for New Zealanders, increased mobility partnerships with Pacific Island and Southeast Asian nations, and special visa arrangements to fortify bilateral relationships.

Notable actions already taken include the establishment of a direct pathway to Australian citizenship for eligible New Zealanders, underscoring the strong ties between the two nations. The Pacific Australia Labour Mobility (PALM) scheme has also undergone reforms, complemented by the introduction of a new Pacific Engagement Visa to facilitate increased mobility from the Pacific region.

Furthermore, a special visa arrangement has been instituted for citizens of Tuvalu under the Australia-Tuvalu Falepili Union bilateral treaty. These measures collectively reflect Australia’s commitment to fostering closer connections, facilitating mobility, and nurturing collaborative relationships within the Indo-Pacific community.

Streamlining migration: Enhancing user experience for migrants and employers

The government is embarking on a comprehensive simplification agenda to improve the migration system’s efficiency. This initiative includes reducing visa classes, streamlining settings, and enhancing overall user-friendliness.

Already underway, the government has invested in reducing visa backlogs and modernizing the migration system to provide a smoother experience for migrants and employers. To further streamline the system, unnecessary and duplicate visas will be abolished, making the process more straightforward.

Importantly, simplification is not just a short-term goal, but a key objective embedded in the Migration Strategy. This commitment ensures ongoing efforts to create a more accessible and efficient migration system, enhancing the experience for both migrants and employers.

Immigration Insight

As Australia undergoes these transformative changes in its migration policies, stakeholders must stay abreast of developments to navigate the evolving landscape successfully. Whether prospective migrants, employers, or migration agents, adapting to these changes ensures a smoother and more efficient migration process aligned with the nation’s evolving needs.

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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An issue for Australian immigration has been growing numbers of workers who are de facto “permanent temporary” visa holders. Under the current framework, these visa holders are unable to meet the requirements necessary for PR. This includes workers with highly sought-after skills who hold a Subclass 482 Temporary Skills Shortage (TSS) visas. Proposed changes will allow visa holders to be nominated for PR visas through the Temporary Residence Transitional stream of the Subclass 186 ENS or 187 RSMS visas (additional eligibility requirements for RSMS apply).

Among the key changes proposed are:

• Elimination of the limited number of short-term stream TSS applications a worker can file from within Australia
• Ability for employers to nominate holders of all TSS visa streams – including under a Labour Agreement – for a transitional ENS Visa
• Removal of occupation lists for transitional stream applications, provided the occupation is listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO)
• Reduction in work experience for TSS holders from 3 to 2 years before a transitional ENS nomination
• Alignment of the age exemption requirements for regional medical practitioner applicants and high-income earning applicants aged 45 years and over to allow for a two-year pathway

Applicants should note that all other requirements for a transitional ENS application still apply, including:

• Being less than 45 years of age (unless an exemption applies)
• Competent level English language ability for primary applicant
• Minimum salary of at least AU$70,000 per annum (in line with TSMIT)
• Health and character requirements

Immigration Insights

The proposed changes will go into effect on 25 November, pending regulatory approval. We will continue to follow developments related to the proposed PR changes and provide updates as required.

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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