WHAT'S NEW IN GLOBAL IMMIGRATION? APRIL REPORT!

This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from Denmark, Japan, Mexico, Peru, Romania and the United States.

Denmark: Government proposes tightening permanent residence and family reunification rules
On 11 April 2024, the Ministry of Immigration and Integration presented a proposal to the Danish Parliament to change the rules regarding permanent residence permit and family reunification of spouses.

If the proposal is passed, the requirement not to have been convicted of certain crimes is tighten, so that also a charge or indictment of certain crimes in the future will hinder applicants from obtaining a permanent residence. The same applies to the transferred requirements for permanent residence permit, which must be met on application for family reunification of spouses if the spouse in Denmark is a foreigner but not a refugee.

According to the draft proposal, the new rules will apply on applications for permanent residence permit and for family reunification of spouses submitted from the time where the proposal is presented to the Danish parliament, unless a decision is made in such cases before the time of entry into force. This means applications for permanent residence permit and certain applications for family reunification of spouses submitted from and including 11 April 2024.

Japan: Four new industries added to Specified Skilled Worker program
Effective 29 March 2024, the government has expanded the list of industries eligible for the Specified Skilled Worker (SSW) program. Four new fields have been added for applicants to the Type 1 SSW visa: automotive transport, railways, forestry and lumber.

The SSW is a status of residence allowing foreign nationals to work in certain fields. The Type 1 visa allows workers with considerable knowledge or experience to stay in Japan for five years but not to bring their families.  The Type 2 visa allows workers with “proficient skills” to remain in Japan indefinitely with the possibility of bringing their family members.

Type 1 applicants must pass Japanese language proficiency skills proficiency tests, unless they have satisfactorily completed Technical Intern Training.

Mexico / Peru: Mexico requires visa for Peruvian nationals; Peru resumes visa exemption for Mexican nationals
On 10 April 2024, the Peruvian government issued a Supreme Decree resuming the tourist and business via exemption for Mexican nationals which had been suspended by a previous decree on 7 April 2024.  The revocation of the previous decree comes in response to protests from the tourism industry among others.

The initial suspension was a response to the Mexican government announcement that it would introduce a temporary requirement for Peruvian nationals to obtain an entry visa, effective 20 April 2024.  Exemptions are made for Peruvian nationals who are:

• holders of a valid visa from Canada, Japan, the United Kingdom, the United States or any Schengen area country;
• permanent residents of Canada, Chile, Colombia, Japan, the United Kingdom, the United States or any Schengen area country.

• Employers must now have conducted business for at least one year in the field of activity for which an employment permit is requested and this may be checked by the General Inspectorate for Immigration (IGI).
• Employers must now conclude an individual employment agreement within 15 business days from the entry of the foreign national to Romania, or from obtaining a new employment permit (in the case of a long-stay visa for employment). From 21 April 2024, failure to comply with this requirement will be subject to a fine of between RON 5000 and RON 10,000, unless the failure to conclude the employment agreement in time is the fault of the foreign national;
• Foreign nationals who have entered Romania for the purpose of employment will be granted the right of temporary stay for the purpose of employment on presentation of their full-time employment agreement concluded within 15 business days from their entry into Romania or, as the case may be, from obtaining the new employment permit;
• The period within which the employer or, in the case of secondees, the beneficiary of the service must notify the General Inspectorate for Immigration (IGI) about any amendment or termination of an employment agreement or about the termination of the secondment of the foreign national, is reduced from 10 days to 5 business days;
• Foreign nationals are required to declare to the Romanian Immigration Office which granted them the right of stay, any change in connection with their employment, within no more than three days instead of ten days;
• IGI will also allocate a personal number code to foreign nationals for whom employment or secondment permits have been issued.
• Foreign nationals holding a long-stay visa or residence permit issued by another Schengen state can enter Romania for a maximum period of 90 days in any 180-day period preceding each day of stay in Romania, cumulative with the days spent in the other Schengen states, other than the state that issued their long-stay visa or residence permit.
• Foreign nationals who are visa exempt have the right to enter Romania and stay for 90 days in any period of 180 days preceding each day of stay in any Schengen state.