Please note, while we address some country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand today. We highly recommend reviewing any global mobility inquiries on a case-by-case basis, including any consulate-specific or immigration authority resources, in “real-time” before traveling internationally. 

CANADA - New Prevailing Wage requirements:

Effective January 1, 2024, all Canadian employers of foreign nationals employed under the Temporary Foreign Worker Program (TFWP) will be required to annually review their foreign worker employees’ wages to ensure they reflect increases to prevailing wage rates suitable for the occupation and the region.  The prevailing wage is defined as the median hourly wage paid to Canadian workers in the same occupation and geographic region.

Employers are now required to check the prevailing wage every year, on or around January 1^st, and make sure that their Labour Market Impact Assessment (LMIA) -based temporary foreign workers are being paid at least at the prevailing wage level . If the prevailing wage increases, employers must also increase the wages of their temporary foreign workers.

Employers can comply with the new wage requirements by:

• Reviewing temporary foreign workers’ wages every year (around January 1^st) and adjusting as needed to keep up with wage increases for their job and geographic region of work.
• Using the Government of Canada’s Job Bank Wage Search tool to determine the prevailing wage for their job and region of work. The link can be found here: https://www.jobbank.gc.ca/trend-analysis/search-wages
• Maintaining documentation of the temporary foreign workers’ wage review process and the wages paid.

Employers who do not comply with the new wage requirements may be subject to administrative penalties, such as fines. Future LMIAs filed by the employer also run the risk of being denied.

In addition to the new wage requirements, the Canadian government is also making a number of other changes to the TFWP, including:

• Continuing to allow employers in seven (7) selected sectors to hire up to 30% of their workforce in low-wage positions through the TFWP.
• Keeping the maximum length of work at two years for jobs paying less than the provincial or territorial median hourly wage.
• Changing the maximum validity time of the LMIA from 18 months to 12 months.

The new wage requirements are designed to address concerns about wage suppression and ensure that temporary foreign workers are paid at the same rate as Canadian workers for doing the same job. The reduction in the validity time of the LMIA is designed to better reflect the job market and ensure that employers are hiring temporary foreign workers only when necessary.

New Policies for International Students:

Immigration, Citizenship and Refugees Canada (IRCC) has revised requirements and policies for international students.  Starting January 1, 2024, the cost-of-living requirement for study permit applicants will increase to $20,635 CAD, up from the current $10,000 CAD.

In addition, and notably, the policy allowing  foreign nationals in Canada whose Post-Graduate Work Permit (PGWP) expired in 2023 to apply for an open work permit extension or a new open work permit valid for up to 18 months expires on December 31, 2023 as intended. The policy will not be extended. As a result, only foreign nationals with a PGWP expiring up to December 31, 2023, remain eligible to apply.

However IRCC has updated and extended a few other temporary policies for international students that were set to expire at the end of 2023. These include the following:

• Extension of the policy that allows eligible international students to work off-campus in Canada for more than 20 hours, until April 30, 2024. As a reminder, foreign nationals who stop studying or reduce their course load to study part-time generally are not eligible to work off-campus.
• Extension of the policy allowing international students to not have the time spent studying outside of Canada deducted from the duration of their PGWP, until September 1, 2024. This is applicable to students who begin their study program at a Canadian college or university before September 1, 2024. However, they must complete at least 50% of the program inside Canada. International students who will start their program of study on or after September 1, 2024, will again have the time spent studying outside of Canada deducted from the duration of their PGWP.

The Netherlands – Increase of Audits and New Salary Thresholds

The Dutch immigration authorities are currently increasing audits with registered sponsor companies.  For this reason, it is important that registered sponsors be  aware of their legal obligations , which are presented in more detail  here.  A list of companies that are registered sponsors with the Dutch immigration authorities can be found here.

Effective January 1, 2024, applicants for Dutch permits face the following new monthly compensation threshold requirements:

• For Highly Skilled Migrants/ICT Transferees aged over 30: €5,331.
• For Highly Skilled Migrants/ICT Transferees aged under 30: €3,909.
• A lowered salary threshold for recent graduates in their search year: €2,801.
• EU Blue Card holder applicants: €6,245.

Ireland – Increase of Salary Threshold

Effective January 17, 2024 the minimum salary requirement will increase as follows:

• For General Employment Permits (GEP) it will increase from €30,000 to €34,000;
• For Critical Skill Employment Permits (CSEP) it will increase from €32,000 to €38,000 for candidates requiring a relevant degree. Individuals who are exempt from the relevant degree requirements do not face an increase of the salary requirement as it remains at €64,000.
• For trainee transferees it will increase from €30,000 to €34,000 and for all other transferee categories it will increase from €40,000 to €46,000.

Malaysia – Digital Arrival Card (MDAC)

Please be reminded that, effective January 1, 2024, foreign nationals must complete the digital arrival card three (3) days prior to  arriving in Malaysia.  The MDAC is an online pre-arrival form which must be completed on line.    The following individuals are exempt from this requirement:

• Singaporean nationals,
• Long-term pass holders in Malaysia,
• Individuals with Brunei common identification certificates, and
• Holders of Thai border passes.

Poland – Processing of Visa Applications in India

The Polish Embassy in New Delhi announced that, effective December 1, 2023, all visa applications in their consular district will be accepted through five VFS Global visa centers located in Delhi, Kolkata, Chandigarh, Jaipur, and Lucknow.  The Consulate General of the Republic of Poland in Mumbai is currently working on similar arrangements to reduce visa processing times.

United Kingdom - Reminder:  Changes Coming in Spring 2024

We want to remind our clients about the previously reported UK government’s announcement of a plan to cut migration levels to the UK. Significant changes are expected to come into force in Spring 2024, and these will likely include: 

• Increases to the required minimum salary level for Skilled Worker visa sponsorship- - from £26,200 to £38,700;
• Changes to the Shortage Occupation List; and, 
• Increases to the minimum earnings required for British citizens (and those settled in the UK requesting their family members to join them) to £38,700 per annum.

This final requirement was recently updated and the UK government has confirmed that the new minimum income will be £29,000 per annum starting in Spring 2024.  We still expect these changes will not apply to cases that are already in process.  The current UK government's stated intention is to increase the threshold again in the future, but that will of course depend on whether the current UK government remains in power.

Expansion of UK visitor rules

Starting on January 31, 2024, the UK visitor route will be expanded following the Autumn Statement of Changes to Immigration Rules. Changes include the following:

• The prohibition on working directly with clients will be removed for intra-corporate activities. However, client-facing activity will need to “be incidental” to the visitor’s overseas employment and cannot amount to an “offshoring” of the project or service to the UK, which will still require a UK work visa for any long-term client engagements.
• Visitors are permitted to work remotely in the UK, but this must not be the primary purpose of their visit and should “be incidental” to the primary purpose of the visit. Remote work includes answering email and/or calls from the UK whilst being a visitor in the UK, provided the person continues to be employed and paid overseas by a non-UK source. (This was already included in the prior caseworker Visitor guidance, and is now memorialized in the Rules.)
• Scientists, researchers, and academics will be able to conduct research in the UK as part of their visit, even if they are not on an official “sabbatical” leave from their home institution. However, this will not apply to academics with a 12 month visa, or those applying to extend their permission from within the UK
• Legal professionals will be able to carry out additional activities including advice, acting as an expert witness, litigating, and teaching.
• All visitors will be able to carry out Paid Permitted Engagements without the need for a specific visa and this will be incorporated into the Standard Visitor route. However, visitors must have arranged their Permitted Paid Engagement activity prior to travel to the UK, which also must be undertaken within 30 days of arrival in the UK.
• Flight crews will be able to come to the UK as part of a Civil Aviation Authority-approved wet lease arrangement between the months of March and October.

Expansion of Youth Mobility Scheme

Effective January 31, 2024, Uruguay has been added to Youth Mobility Scheme and will have 500 allocated places starting on that date.  The number of allocated places for nationals of Japan and South Korea will increase, and the requirement to obtain an invitation to apply will be removed. The age range for nationals of South Korea will be expanded from 18 to 30 to 18 to 35.