Global Immigration Update – October 2022

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Feature Article

EMPLOYMENT OPTIONS FOR STUDENTS AFTER GRADUATION: AN OVERVIEW – This article provides an overview of employment options for students after graduation in several countries.

Country Updates

CANADA – Canada is transitioning to 100 percent online applications for most permanent residence programs by the end of October 2022. Also, according to unofficial reports, Canada may drop some COVID-19 vaccine-related restrictions for travelers by the end of October 2022.

PERU – This article discusses the Artist visa for foreigners coming to perform artistic activities in Peru.

RUSSIA – Citizens of Ukraine can remain indefinitely if they meet certain requirements.

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Feature Article

EMPLOYMENT OPTIONS FOR STUDENTS AFTER GRADUATION: AN OVERVIEW

This article provides an overview of employment options for students after graduation in several countries.

Canada

The Post-Graduation Work Permit Program (PGWPP) allows students who have graduated from eligible Canadian designated learning institutions (DLIs) to obtain an open Canadian work permit to gain Canadian work experience.

Skilled Canadian work experience in National Occupational Classification (NOC) skill type 0 or skill level A or B that is gained through the PGWPP helps graduates possibly qualify for Canadian permanent residence in Canada through the Canadian Experience Class (CEC) within Canada’s Express Entry program.

A post-graduation work permit may be issued based on the length of the study program for a minimum of eight months up to a maximum of three years. Applicants must apply for a post-graduation work permit (PGWP) within 180 days of obtaining written confirmation, such as an official letter or transcript, from the DLI where they studied indicating that they have met the requirements for completing their program of study. An applicant can receive only one post-graduation work permit in a lifetime (non-renewable).

Students are not eligible for a post-graduation work permit for completing:

  • An English as a second language or French as a second language course or program of study
  • General interest or self-improvement courses
  • A course or program of study at a private career college

More information on the PGWPP is at https://bit.ly/2nYzpGm

Italy

Students who are holding a valid study residence permit (permesso di soggiorno per studio) can work in Italy up to 20 hours per week, up to 1040 hours per year. However, those who want to work in Italy full-time or remain in Italy after the expiration of their permit must convert the study permit into a permit for employment or self-employment.

Who can apply for permit conversion?

  • Holders of a valid study residence permit who get a full-time job offer can apply for conversion into a residence permit for subordinate work (permesso di soggiorno lavoro subordinato).
  • Holders of a valid study residence permit meeting the requirements for self-employment in Italy can apply for conversion into a residence permit for self-employment (permesso di soggiorno lavoro autonomo).

When should the student apply?

A student must apply for the conversion while the residence permit for study is still valid, and:

  • The student should apply after the publication of the annual Decreto flussi, which determines the numbers of work permits reserved for a certain category of applicants (“quotas” are normally released every year between December and February. Quotas are allocated on a first-come, first-served basis); or
  • Those who hold an accredited Italian degree or a postgraduate degree can apply at any time regardless of the quota limitation.

What if the student needs more time for job-searching in Italy?

Those who hold an accredited undergraduate/graduate degree, PhD, university master’s degree, first/second-level academic degree, or Higher Technical Institute diploma can register as unemployed and apply for a permit for the purpose of job searching or entrepreneurship (Permesso di soggiorno per ricerca lavoro o imprenditorialita’ degli studenti). This kind of permit allows students to legally live in Italy after their graduation while searching for a job or to start a business for up to one year.

For further information, see https://www.mazzeschi.it/convert-residence-permit-from-study-to-work-purpose-faqs/

Turkey

Turkey is not an inbound country for students from a large number of countries, and there are no special work authorization categories for graduating students. They must independently qualify for a work permit in a similar manner to any other foreigner who graduated from an educational institution abroad.

Article 43 of the Regulations on the Law on International Workforce further restricts under what circumstances a foreign student in a Turkish educational institution may apply for a work permit.

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Country Updates

CANADA

Canada is transitioning to 100 percent online applications for most permanent residence programs by the end of October 2022. Also, according to unofficial reports, Canada may drop some COVID-19 vaccine-related restrictions for travelers by the end of October 2022.

Online Applications

On September 1, 2022, the Government of Canada announced its decision to strive toward a digitalized immigration system, as committed to in January 2022, by transitioning to 100 percent mandatory online applications for most permanent residence programs by the end of October 2022.

The Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship, said this shift is intended to expedite processing times, reduce backlogs, and improve client experiences. The Minister said, “By adding resources where they are needed and leveraging technology to make processing faster and applying easier for our clients, we can give newcomers and new citizens the welcoming experience they deserve.”

In addition, starting this fall, Immigration, Refugees and Citizenship Canada (IRCC) plans to further improve the online processing times tool to provide applicants with more accurate estimates of timeframes for application processing.

Below are highlights of these developments.

What has changed as of September 23, 2022?

Permanent residence applications. Since March 31, 2021, some applicants have been able to apply for permanent residence online via the new individual PR Portal. In September 2021, authorized representatives, such as lawyers, were able to submit PR applications online on behalf of clients via the new PR Representative Portal. However, as of September 23, 2022, most permanent residence program applicants must apply for permanent immigration programs through the PR Representative Portal/Permanent Residence Portal. The portal then sends an immediate confirmation to applicants when their applications have been successfully submitted. IRCC has confirmed that any permanent residence application that is not submitted online after the transition dates for particular categories will be returned to applicants.

Affected permanent residence programs. Those in the following permanent residence categories must submit their applications online via the portal:

  • Provincial nominee program (non-Express Entry)
  • Québec-selected skilled workers
  • Sponsoring a spouse or partner, dependent child, or eligible relative
  • Sponsoring an orphaned sibling, niece or nephew, or grandchild
  • Adopting a child through the immigration process
  • Rural and Northern Immigration Pilot

Throughout October, beginning on October 7, 2022, the digitization of permanent residence applications will expand to other categories:

  • Québec-selected investors
  • Québec-selected entrepreneurs
  • Self-employed people (Québec)
  • Agri-food pilot
  • Start-up visa
  • Temporary resident permit holders applying for permanent residence
  • Home Support Worker Pilot
  • Home Child Care Provider Pilot
  • Humanitarian and compassionate grounds
  • Self-employed people (federal)
  • Atlantic Immigration Program

Who is exempt?

Applicants already in Canada. To reduce wait times for applications and increase processing capacity, permanent and temporary residence applicants who are already in Canada and meet certain criteria regarding the immigration medical exam requirement will be exempt from the requirement to submit their application online, as well as those who meet specific criteria from the immigration medical examination requirement.

Applicants who require accommodations. The exemption also extends to applicants who require special accommodations, including for individuals with disabilities. Such applicants can contact IRCC to request an alternative format to submit their permanent residence applications.

Conclusion

By the end of October 2022, IRCC’s transition to 100 percent digital applications for most permanent residence programs will be complete. This announcement represents the Government of Canada’s commitment to a modernized and digitized immigration system, as well as its objective of improving client service.

Given that the online PR portals are still evolving, and technical problems with the portals continue to persist on a daily basis, there will be challenges ahead. However, ultimately digitization will hopefully contribute to improved processing times and facilitate the process for applicants, reducing the need to produce original documents and signatures.

Vaccine Restrictions at the Canada-U.S. Border

According to unofficial reports, by the end of September, Canada may drop its COVID-19 vaccine requirement for travelers entering Canada from the United States via the Detroit-Windsor border. That border crossing handles more than 40,000 travelers each day, including commuters, truck drivers, and tourists. Canada may also end COVID-19 vaccine requirements for airport arrivals and no longer require filling out the ArriveCan app. Currently, all travelers in Canada must be fully vaccinated to travel by most air, rail, or passenger vessels. In addition, some provinces or individual businesses may continue to limit discretionary activities, such as visits to restaurants, bars, gyms, and retail shops, to individuals who can provide proof of COVID-19 vaccination.

It is unclear whether the United States will also drop similar land-border vaccine requirements. At present, all nonimmigrant, non-U.S. citizen air travelers to the United States must be fully vaccinated and provide proof of vaccination status before boarding an airplane to the United States. Fully vaccinated foreign nationals may enter the United States at land ports of entry (POEs) and ferry terminals. Fully vaccinated travelers do not need to provide a pre-entry COVID-19 test result to enter the United States by air, land, or sea. Fully vaccinated foreign travelers can travel to the United States across the Northern and Southwest borders with Canada (and Mexico). U.S. citizens and lawful permanent residents do not need to provide proof of vaccination status at land POEs and ferry terminals.

A group of Canadian legislators and border-area mayors from both countries published a letter on September 20, 2022, to Prime Minister Justin Trudeau and President Joe Biden asking them to remove the border restrictions.

Details:

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PERU

This article discusses the Artist visa for foreigners coming to perform artistic activities in Peru.

Concerts and artistic events are now being held again globally, after COVID-19 pandemic-related restrictions. It is once again time to consider the Artist visa for foreigners coming to perform artistic activities in Peruvian territory.

Strictly speaking, according to the law, the appropriate migratory status to authorize foreigners to perform artistic activities in Peru is called “Temporary-Artistic.” This status allows the foreigner to carry out paid or lucrative activities linked to artistic, cultural, or other similar pursuits, by virtue of a contract executed in accordance with current Peruvian legislation. This contract must be signed before the artist enters the country. It extends to the artist’s entourage.

The process must begin in MIGRACIONES’ offices in Lima before the artist and entourage enter. Once the file is approved, within 30 business days according to MIGRACIONES’ regulations (it takes longer nowadays in reality), the applicant and team go to the Peruvian consulate abroad chosen by them, where the visas are stamped in their passports.

Qualifications for this migratory status include:

  • Their entry must not represent a risk to national security, internal order, or public order.
  • Applicants must remain abroad until they obtain their visas granted by MIGRACIONES at the Peruvian consulate chosen abroad and indicated in their file.
  • There must be a signed definitive contract executed according to current regulations to support the visa of the artist and entourage.
  • Competent authorities must verify that the foreign persons will only carry out what is established in their contract.

This visa is valid for a single entry with a maximum of 90 calendar days of stay, and is not renewable.

The administrative procedure for the Temporary-Artistic Visa Application with Consular Phase is the one through which the artistic migratory status/visa will be granted. The visa, approved by MIGRACIONES, will be authorized at the corresponding Peruvian consulate at the discretion of the Peruvian state.

Required documents and requisites to be complied with to obtain this kind of visa are indicated in the MIGRACIONES’ T.U.P.A. See https://www.gob.pe/institucion/migraciones/informes-publicaciones/2770424-texto-unico-de-procedimientos-administrativos-tupa

For the approval of the visa procedure, MIGRACIONES can verify compliance with the conditions established in the related regulations applicable to migratory status. Application requests must be made for each artist/person, not as a group. Any document in a foreign language (not Spanish) must be officially translated in Peru and be apostilled or contain the corresponding legalization chain, if applicable.

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RUSSIA

Citizens of Ukraine can remain indefinitely if they meet certain requirements.  

By Presidential Order No. 585 of August 27, 2022, valid until further notice, citizens of Ukraine who temporarily reside in the territory of the Russian Federation can remain without limit, provided they complete fingerprinting, photographing, and medical examination within legally set deadlines.

Ukrainian citizens can perform work activities in the Russian Federation without work permits regardless of the stated purpose on migration cards. Employers must submit notifications about signing of labor agreements within three business days to the territorial division of the Ministry of Internal Affairs in the region where the foreign citizens will be employed.

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