{"stableRecordId":"fcp-1645609db464f6eec64e","countryCode":"AU","country":"Australia","title":"MODL bonus-point eligibility restricted for new skilled-migration applications, with graduate-visa transition","policyEffect":"From 8 February 2010, IMMI 10/001 revoked the general Migration Occupations in Demand List instrument IMMI 08/034 and restricted its replacement occupation list to a transitional group. For new General Skilled Migration applications outside that group, occupations were no longer specified as migration occupations in demand, removing access to the extra points attached to MODL status. The replacement list remained available for subclass 885 Skilled–Independent, subclass 886 Skilled–Sponsored and subclass 487 Skilled–Regional Sponsored applicants who, at commencement on 8 February 2010, either held a subclass 485 Skilled–Graduate visa or had applied for one and that application was not finally determined, provided their relevant 885, 886 or 487 application was made on or before 31 December 2012. The change applied prospectively to new GSM applications; it did not retrospectively remove MODL points from existing applications protected under the existing arrangements. This is one restriction of occupation-based points eligibility, not the later replacement of the Skilled Occupations List or the separately announced points-test review.","operativeDate":"2010-02-08","year":2010,"affectedGroup":"New gsm applicants; retained modl eligibility for specified subclass 885, 886 and 487 applicants with a subclass 485 visa held or pending at commencement and applications made by 31 december 2012","materialConditionsAndExceptions":"Validated condition or limit: The replacement list remained available for subclass 885 Skilled–Independent, subclass 886 Skilled–Sponsored and subclass 487 Skilled–Regional Sponsored applicants who, at commencement on 8 February 2010, either held a subclass 485 Skilled–Graduate visa or had applied for one and that application was not finally determined, provided their relevant 885, 886 or 487 application was made on or before 31 December 2012.; This is one restriction of occupation-based points eligibility, not the later replacement of the Skilled Occupations List or the separately announced points-test review.","policyCategory":"Admission","policyTool":"Points system / occupation shortages list","sourceName":"Australian Federal Register of Legislation and Department of Foreign Affairs and Trade","sourceUrl":"https://www.legislation.gov.au/F2010L00297/asmade/2010-02-08/text/original/pdf","preciseCitation":"IMMI 10/001 (F2010L00297), paragraphs 1–2, commencement and Schedule; predecessor IMMI 08/034 (F2008L01524); full IMMI 10/001 explanatory statement; official 8 February 2010 ministerial release and speech.","evidencePassage":"IMMI 10/001 Commonwealth of Australia Migration Regulations 1994 MIGRATION OCCUPATION IN DEMAND (REGULATION 1.03) I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under the definition of migration occupation in demand in regulation 1.03 of the Migration Regulations 1994 (‘the Regulations’): 1. REVOKE Instrument Number IMMI 08/034 signed on 7 May 2008 specifying migration occupations in demand for the purposes of the definition of migration occupation in demand in regulation 1.03 of the Regulations; AND 2. SPECIFY each skilled occupation referred to in the Schedule to this Instrument as a migration occupation in demand for the purposes of the definition of migration occupation in demand in regulation 1.03 of the Regulations for applicants of Subclass 885 Skilled – Independent, Subclass 886 Skilled – Sponsored and Subclass 487 Skilled – Regional Sponsored visas who: (i) held a Subclass 485 Skilled – Graduate visa at the date of commencement of this instrument; or (ii) had made an application for a Subclass 485 Skilled – Graduate visa that is not finally determined at the date of commencement of this instrument; and who made their application on or before 31 December 2012. This Instrument, IMMI 10/001, commences on 8 February 2010. Dated 4 February 2010 CHRIS EVANS Minister for Immigration and Citizenship [NOTE: Regulation 1.03 provides that a migration occupation in demand means a skilled occupation that is specified by an instrument in writing as a migration occupation in demand.] Page 1 of 4 Federal Register of Legislative Instruments F2010L00297 Schedule MIGRATION OCCUPATIONS IN DEMAND ASCO Code Managers and Administrators Child Care Coordinator 1295-11 Engineering Manager 1221-11 Professionals Accountant 2211-11 Anaesthetist 2312-11 Architect 2121-11 Chemical Engineer 2129-17 Civil Engineer 2124-11 Computing Professional – specialising in C++/C#/C 2231-79 Computing Professional – specialising in Data 2231-79 Warehousing Computing Professional – specialising in CISSP 2231-79 Computing Professional – specialising in Java 2231-79 Computing Professional – specialising in J2EE 2231-79 Computing Professional – Linux 2231-79 Computing Professional – .Net technologies 2231-79 Computing Professional – specialising in Network 2231-79 Security/ Firewall/ Internet Security Computing Professional – specialising in Oracle 2231-79 Computing Professional – specialising in PeopleSoft 2231-79 Computing Professional – specialising in SAP 2231-79 Computing Professional – specialising in SIEBEL 2231-79 (especially Siebel Analytic) Computing Professional – Solaris 2231-79 Computing Professional – Unix 2231-79 Dental Specialist 2381-13 Dentist 2381-11 Dermatologist 2312-13 Electrical Engineer 2125-11 Electronics Engineer 2125-13 Emergency Medicine Specialist 2312-15 External Auditor 2212-11 General Medical Practitioner 2311-11 Hospital Pharmacist 2382-11 Mechanical Engineer 2126-11 Medical Diagnostic Radiographer 2391-11 Mining Engineer (excluding … 2127-11 Obstetrician and Gynaecologist 2312-17 Page 2 of 4 Federal Register of Legislative Instruments F2010L00297 Occupational Therapist 2383-11 Ophthalmologist 2312-19 Optometrist 2384-11 Paediatrician 2312-21 Pathologist 2312-23 Petroleum Engineer 2127-13 Physiotherapist 2385-11 Podiatrist 2388-11 Psychiatrist 2312-27 Quantity Surveyor 2122-11 Radiologist 2312-29 Registered Mental Health Nurse 2325-11 Registered Midwife 2324-11 Registered Nurse 2323-11 Retail Pharmacist 2382-15 Specialist Medical Practitioners (not elsewhere 2312-79 classified) Specialist Physician 2312-25 Speech Pathologist 2386-11 Sonographer 2391-17 Surgeon 2312-31 Surveyor 2123-13 Associate Professionals Chef (excluding Commis Chef) 3322-11(part) Dental Technician 3492-15 Tradespersons and Related Workers Aircraft Maintenance Engineer (Avionics) 4114-15 Aircraft Maintenance Engineer (Mechanical) 4114-11 Automotive Electrician 4212-11 Baker 4512-11 Binder and Finisher 4913-11 Boat Builder and Repairer 4981-13 Bricklayer 4414-11 Cabinetmaker 4922-11 Carpenter 4411-13 Carpenter and Joiner 4411-11 Cook 4513-11 Drainer 4431-15 Electrical Powerline Tradesperson 4313-11 Electrician (Special Class) 4311-13 Electronic Equipment Tradesperson 4315-11 Fibrous Plasterer 4412-11 Fitter 4112-11 Floor Finisher 4423-11 Furniture Finisher 4929-13 Page 3 of 4 Federal Register of Legislative Instruments F2010L00297 Furniture Upholsterer 4942-11 Gasfitter 4431-13 General Electrician 4311-11 General Plumber 4431-11 Hairdresser 4931-11 Joiner 4411-15 Landscape Gardener 4623-13 Lift Mechanic 4311-15 Locksmith 4115-15 Mechanical Services and Air-conditioning Plumber 4431-19 Metal Fabricator 4122-11 Metal Machinist (First Class) 4112-13 Motor Mechanic 4211-11 Optical Mechanic 4999-11 Painter and Decorator 4421-11 Panel Beater 4213-11 Pastry Cook 4512-13 Pressure Welder 4122-13 Refrigeration and Air-conditioning Mechanic 4312-11 Roof Plumber 4431-17 Roof Slater and Tiler 4413-11 Solid Plasterer 4415-11 Sheetmetal Worker (First Class) 4124-11 Stonemason 4416-13 Toolmaker 4113-11 Tree Surgeon 4623-15 Vehicle Body Maker 4215-11 Vehicle Painter 4214-11 Wall and Floor Tiler 4416-11 Welder (First Class) 4122-15 Page 4 of 4 Federal Register of Legislative Instruments F2010L00297 IMMI 10/001 EXPLANATORY STATEMENT Migration Regulations 1994 MIGRATION OCCUPATIONS IN DEMAND (REGULATION 1.03) 1. This Instrument is made under regulation 1.03 of the Migration Regulations 1994 (‘the Regulations’), and specifies the definition of ‘migration occupation in demand’. 2. Regulation 1.03 of the Regulations provides that ‘migration occupation in demand’ in relation to one or more Classes or Subclasses of visa, means a skilled occupation that is specified by the Minister in an instrument in writing. 3. The purpose of the Instrument is to negate the influence of migration occupations in demand on General Skilled Migration (GSM) visas. It is expected that the new instrument will help curb the skew of GSM applications","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b18caa8d3725ffaf0688","countryCode":"AU","country":"Australia","title":"Introduction of Public Interest Criterion 4020 (Integrity and Fraud Prevention)","policyEffect":"Introduced Public Interest Criterion (PIC) 4020 into the Migration Regulations, establishing mandatory refusal criteria for applicants who provide bogus documents or information that is false or misleading in a material particular in visa applications [3.1.3].","operativeDate":"2011-04-02","year":2011,"affectedGroup":"All visa applicants","materialConditionsAndExceptions":"","policyCategory":"Legal entry and stay","policyTool":"Fraud control / visa eligibility criteria","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/F2011L00336","preciseCitation":"Select Legislative Instrument 2011 No. 13; Migration Amendment Regulations 2011 (No. 1) (Cth)","evidencePassage":"Trainee) visa [2] Paragraph 1.40 (3) (a) omit courses or an occupational trainee insert courses, or an applicant for a Subclass 442 (Occupational Trainee) visa [3] Subparagraph 2.03A (3) (a) (iii) omit UT insert TU Federal Register of Legislative Instruments F2011L00336 Schedule 3 Amendments relating to public interest criteria 12 Migration Amendment Regulations 2011 (No. 1) 2011, 13 Schedule 3 Amendments relating to public interest criteria (regulation 5) [1] Schedule 2, clause 495.220 omit 495.224, [2] Schedule 2, clause 496.221 omit 496.227 insert 496.228 [3] Schedule 4, Part 1, after clause 4019 insert 4020 (1) There is no evidence before the Minister that the applicant has given, or caused to be given, to the Minister, an officer, the Migration Review Tribunal, a relevant assessing authority or a Medical Officer of the Commonwealth, a bogus document or information that is false or misleading in a material particular in relation to: (a) the application for the visa; or (b) a visa that the applicant held in the period of 12 months before the application was made. (2) The Minister is satisfied that during the period: (a) starting 3 years before the application was made; and (b) ending when the Minister makes a decision to grant or refuse the application; the applicant and each member of the family unit of the applicant has not been refused a visa because of a failure to satisfy the criteria in subclause (1). Federal Register of Legislative Instruments F2011L00336 Amendments relating to public interest criteria Schedule 3 2011, 13 Migration Amendment Regulations 2011 (No. 1) 13 (3) To avoid doubt, subclauses (1) and (2) apply whether or not the Minister became aware of the bogus document or information that is false or misleading in a material particular because of information given by the applicant. (4) The Minister may waive the requirements of any or all of paragraphs (1) (a) or (b) and subclause (2) if satisfied that: (a) compelling circumstances that affect the interests of Australia; or (b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; justify the granting of the visa. (5) In this clause: information that is false or misleading in a material particular means information that is: (a) false or misleading at the time it is given; and (b) relevant to any of the criteria the Minister may consider when making a decision on an application, whether or not the decision is made because of that information. Note Regulation 1.03 defines bogus document as having the same meaning as in section 97 of the Act. [4] Further amendments Provision omit insert Paragraphs 487.228 (a), 487.230 (d), and 487.324 (a) 4004 and 4010 4004, 4010 and 4020 Clauses 495.225 and 495.322 4005 and 4010 4005, 4010 and 4020 Paragraphs 175.223 (a), 175.225 (d), 175.322 (a), 176.224 (a), 176.226 (d), 176.322 (a), 475.224 (a), 475.226 (d), 475.322 (a), 476.222 (a), 476.224 (d), 476.322 (a), 485.224 (a), 485.226 (d), 485.322 (a), 495.229 (a), 885.224 (a), 885.226 (d), 885.322 (a), 886.225 (a), 886.227 (d) and 886.322 (a) Paragraphs 887.223 (a), 887.225 (a) and 887.322 (a) 4007 and 4010 4007, 4010 and 4020 Federal Register of Legislative Instruments F2011L00336 Schedule 3 Amendments relating to public interest criteria 14 Migration Amendment Regulations 2011 (No. 1) 2011, 13 Provision omit insert Clauses 496.228, 496.324, 880.225, 880.322, 881.228, 881.324, 882.228, 882.229, 882.324 and 883.225 4009 and 4010 4009, 4010 and 4020 Subclauses 880.227 (1) and 881.229 (1) Paragraphs 119.223 (a), 119.225 (1) (a), 119.322 (a), 121.224 (a), 121.226 (1) (a), 121.322 (a), 496.231 (a), 856.223 (1) (a), 856.225 (1) (a), 856.322 (1) (a), 857.223 (1) (a), 857.225 (1) (a) and 857.322 (1) (a) Subparagraphs 883.228 (a) (i), 883.228 (a) (ii), 883.324 (a) (i) and 883.324 (a) (ii) Paragraphs 457.224 (a), 457.227 (1) (a) and 457.325 (a) 4013 and 4014 4013, 4014 and 4020 [5] Further amendments — omissions The following clauses are omitted:  175.222  176.223  475.223  476.221  485.223  487.227  495.224  496.227  880.224  881.226  882.226  883.223  885.223  886","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-22c7ac28fd39eeb28654","countryCode":"AU","country":"Australia","title":"New General Skilled Migration Points Test and English Language Evidence Rules","policyEffect":"Implemented a reformed points test for General Skilled Migration focusing on higher educational attainment, superior English proficiency, and skilled employment history, alongside standardized English language testing timing rules.","operativeDate":"2011-07-01","year":2011,"affectedGroup":"Skilled immigrants","materialConditionsAndExceptions":"","policyCategory":"Labour migration","policyTool":"Points system / visa selection mechanism","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/F2011L00966","preciseCitation":"Select Legislative Instrument 2011 No. 74; Migration Amendment Regulations 2011 (No. 3) (Cth)","evidencePassage":"Schedule applies. Federal Register of Legislative Instruments F2011L00966 Amendments relating to the points test Schedule 1 2011, 74 Migration Amendment Regulations 2011 (No. 3) 13 [26] After Schedule 6B insert Schedule 6C General points test for General Skilled Migration visas — applications on or after 1 July 2011 and other specified applications (regulation 2.26AB) Note Regulation 2.26AB identifies the applications to which this Schedule applies. Part 6C.1 Age qualifications Column 1 Item Column 2 The applicant’s age at time of application is ... Column 3 No. of points 6C11 not less than 18 … and under 25 25 6C12 not less than 25 and under 33 30 6C13 not less than 33 and under 40 25 6C14 not less than 40 and under 45 15 Part 6C.2 English language qualifications Column 1 Item Column 2 The applicant has ... Column 3 No. of points 6C21 superior English 20 6C22 proficient English 10 Federal Register of Legislative Instruments F2011L00966 Schedule 1 Amendments relating to the points test 14 Migration Amendment Regulations 2011 (No. 3) 2011, 74 Part 6C.3 Overseas employment experience qualifications Column 1 Item Column 2 The applicant has been employed outside Australia ... Column 3 No … related skilled occupation; for a period totalling at least 12 months in the 48 months immediately before the day on which the application was made 5 Part 6C.7 Educational qualifications Column 1 Item Column 2 The applicant has ... Column 3 No. of points 6C71 met the requirements for: (a) the award of a doctorate by an Australian educational institution; or (b) the award of a doctorate, by another educational institution, that the Minister is satisfied is of a recognised standard 20 6C72 met the requirements for: (a) the award of at least a bachelor degree by an Australian educational institution","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-8a49f7badba2e7cee928","countryCode":"AU","country":"Australia","title":"Restriction on Migration Review Tribunal Fee Waivers","policyEffect":"Amended regulation 4.13(4) of the Migration Regulations 1994 to remove the authority to waive application fees entirely for Migration Review Tribunal (MRT) reviews, replacing full waivers with a maximum 50 percent fee reduction in cases of severe financial hardship.","operativeDate":"2011-07-01","year":2011,"affectedGroup":"Visa applicants / review applicants","materialConditionsAndExceptions":"Validated condition or limit: Amended regulation 4.13(4) of the Migration Regulations 1994 to remove the authority to waive application fees entirely for Migration Review Tribunal (MRT) reviews, replacing full waivers with a maximum 50 percent fee reduction in cases of severe financial hardship.","policyCategory":"Legal entry and stay","policyTool":"Merits review appeal fees / administrative criteria","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/F2011L01376","preciseCitation":"Select Legislative Instrument 2011 No. 122; Migration Amendment Regulations 2011 (No. 4) (Cth)","evidencePassage":"Migration Amendment Regulations 2011 (No. 4). 2 Commencement These Regulations commence on 1 July 2011. 3 Amendment of Migration Regulations 1994 (1) Schedule 1 amends the Migration Regulations 1994. (2) The amendments made by Schedule 1 apply in relation to an application, made on or after 1 July 2011, for review by the Migration Review Tribunal of a decision. Schedule 1 Amendments (regulation 3) [1] Subregulation 4.13 (4) substitute (4) If the Registrar, or a Deputy Registrar, of the Tribunal, or another officer of the Tribunal authorised in writing by the Registrar, is satisfied that the payment of the fee mentioned in subregulation (1) has caused, or is likely to cause, severe financial hardship to the review applicant, the Registrar, Deputy Registrar or officer may determine that the fee payable is 50% of the amount mentioned in subregulation (1). Federal Register of Legislative Instruments F2011L01376 Amendments Schedule 1 2011, 122 Migration Amendment Regulations 2011 (No. 4) 3 [2] Subregulation 4.14 (1) substitute (1) The table sets out: (a) circumstances in which all or part of the amount of the fee for an application for review of a decision is to be refunded; and (b) the amount","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-02357d7cc27040a494b2","countryCode":"AU","country":"Australia","title":"Statutory Implementation of the Complementary Protection Framework","policyEffect":"Operatively commenced statutory criteria under section 36(2)(aa) of the Migration Act 1958, allowing non-citizens who do not meet the 1951 Refugee Convention definition to be granted a Protection visa (Class XA) if there are substantial grounds for believing that, as a necessary and foreseeable consequence of being removed to a receiving country, there is a real risk they will suffer significant harm. Phase scope: Nationwide implementation across all protection visa adjudications from 24 March 2012.","operativeDate":"2012-03-24","year":2012,"affectedGroup":"Asylum seekers and protection visa applicants","materialConditionsAndExceptions":"","policyCategory":"Asylum and protection","policyTool":"Complementary protection status / protection visa criterion","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://legislation.gov.au/Details/C2011A00121","preciseCitation":"Federal Register of Legislation, Migration Amendment (Complementary Protection) Act 2011 (No. 121, 2011) / Proclamation F2012L00650","evidencePassage":"that is inconsistent with the Articles of the Covenant; but does not include an act or omission arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant. 10 At the end of subparagraph 5A(3)(j)(ii) Add “or”. 11 After subparagraph 5A(3)(j)(ii) Insert: (iii) an offshore entry person who makes a claim for protection on the basis that the person will suffer significant harm; 12 After paragraph 36(2)(a) Insert: (aa) a non-citizen in Australia (other than a non-citizen mentioned in paragraph (a)) to whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of the non-citizen being removed from Australia to a receiving country, there is a real risk that the non-citizen will suffer significant harm; or 13 At the end of subsection 36(2) Add: ; or (c) a non-citizen in Australia who is a member of the same family unit as a non-citizen who: (i) is mentioned in paragraph (aa); and (ii) holds a protection visa. 14 After subsection 36(2) Insert: ComLaw Authoritative Act C2011A00121 Schedule 1 Amendments 8 Migration … Amendment (Complementary Protection) Act 2011 No. 121, 2011 (2A) A non-citizen will suffer significant harm if: (a) the non-citizen will be arbitrarily deprived of his or her life; or (b) the death penalty will be carried out on the non-citizen; or (c) the non-citizen will be subjected to torture; or (d) the non-citizen will be subjected to cruel or inhuman treatment or punishment; or (e) the non-citizen will be subjected to degrading treatment or punishment. (2B) However, there is taken not to be a real risk that a non-citizen will suffer significant harm in a country if the Minister is satisfied … protection visa, or to cancel a protection visa, relying on: (i) one or more of the following Articles of the Refugees Convention, namely, Article 1F, 32 or 33(2); or (ii) paragraph 36(2C)(a) or (b) of this Act; 34 Paragraph 500(4)(c) Repeal the paragraph, substitute: (c) a decision to refuse to grant a protection visa, or to cancel a protection visa, relying on: (i) one or more of the following Articles of the Refugees Convention, namely, Article 1F, 32 or 33(2); or (ii) paragraph 36(2C)(a) or (b) of this Act. 35 Application The amendments made by this Schedule apply in relation to an application for a protection visa (within the meaning of the Migration Act 1958): (a) that is made on or after the day on which this item commences; or (b) that is not finally determined (within the meaning of subsection 5(9) of that Act) before the day on which this item commences. ComLaw Authoritative Act C2011A00121 Migration Amendment (Complementary Protection) Act 2011 No. 121, 2011 13 [Minister’s second reading speech made in— House of Representatives on 24 February 2011 Senate on 14 June 2011] (25/11) ComLaw Authoritative Act C2011A00121","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recall-770d76622eebcbed4dd5","countryCode":"AU","country":"Australia","title":"Nauru designated for offshore regional processing","policyEffect":"The Minister designated the Republic of Nauru as a regional processing country under subsection 198AB(1) of the Migration Act 1958, enabling asylum seekers arriving by boat to be sent there for offshore processing.","operativeDate":"2012-09-12","year":2012,"affectedGroup":"People arriving in Australia by boat who may be transferred for regional processing","materialConditionsAndExceptions":"Validated condition or limit: The designation was made under Migration Act 1958 subsection 198AB(1) and enabled transfer to Nauru for regional processing.","policyCategory":"Enforcement","policyTool":"Executive Instrument","sourceName":"aph.gov.au","sourceUrl":"https://aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Scrutiny_reports/2013/2013/92013/e01","preciseCitation":"F2012L01851; operative 2012-09-12.","evidencePassage":"ed into Parliament in September 2011, ie prior to the passage of the *Human Rights (Parliamentary Scrutiny) Act 2011* (HR(PS) Act). Government amendments to the bill (to enable offshore processing in a designated ‘regional processing country’ in line with the expert panel recommendations) were introduced on 14 August 2012. Amendments to bills are not technically required to be accompanied by a statement of compatibility under [section 9](http://www.austlii.edu.au/au/legis/cth/numact/hrsa2011409/s9l) of the HR(PS) Act; however the committee has indicated that it would be good practice to do so particularly where the amendments have the potential to impact on human rights . | 17 Aug 2012 | | *Migration Act 1958 - Instrument of Designation of the Republic of Nauru as a Regional Processing Country under subsection 198AB(1) of the Migration Act 1958 - September 2012* \\[F2012L01851] | <ul><li>Designates Nauru as a regional processing country to which asylum seekers can be sent.</li></ul> | Not required. The instrument does not come within the definition of a disallowable legislative instrument under section 42 of the *Legislative Instruments Act 2003* (LI Act). Section 9 of the HR(PS) Act only requires statements for legislative instruments within the meaning of section 42 of the LI Act. The committee’s mandate to examine legislative instruments, however, is not tied to the section 42 definition. | 12 Sep 2012 | | *Migration Act 1958 - Instrument of Designation of the Independent State of Papua New Guinea as a Regional Processing Country under subsection 198AB(1) of the Migration Act 1958 - October 2012* \\[F2012L02003] | <ul><li>Designates Papua New Guinea as a regional processing country to which asylum seekers can be sent.</li></ul> | Not required. The instrument does not come within the definition of a disallowable legislative instrument under section 42 of","reviewMethod":"Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-16789b04868596fd0000f45f","countryCode":"AU","country":"Australia","title":"Subclass 457 (Temporary Work (Skilled)) visa","policyEffect":"Subclass 457 (Temporary Work (Skilled)) visa","operativeDate":"2012-11-24","year":2012,"affectedGroup":"Subclass 457 visa holders","materialConditionsAndExceptions":"Recorded validated scope: visa nomenclature change.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2012L02041","preciseCitation":"","evidencePassage":")) visa includes a Subclass 420 (Entertainment) visa. Note Amendments of these Regulations that commenced on 24 November 2012 renamed the Subclass 420 (Entertainment) visa. [14] Regulation 1.03 insert Subclass 457 (Business (Long Stay)) visa includes a Subclass 457 (Temporary Work (Skilled)) visa. Note Amendments of these Regulations that commenced on 24 November 2012 renamed the Subclass 457 (Business (Long Stay)) visa. [15] Regulation 1.03 insert Subclass 457 (Temporary Work (Skilled)) visa includes a Subclass 457 (Business (Long Stay)) visa. Note Amendments of these Regulations that commenced on 24 November 2012 renamed the Subclass 457 (Business (Long Stay)) visa. [16] Regulation 1.03 insert training and research sponsor means a person who: (a) is an approved sponsor; and (b) is approved as a sponsor in relation to the training and research sponsor class by the Minister under subsection 140E (1) of the Act. Note Approved sponsor is defined in subsection 5 (1) of the Act. [17] Subparagraph 1.08 (d) (i) omit Subclass 457 (Business (Long Stay)) visa Federal Register of Legislative Instruments F2012L02041 Amendments of Migration Regulations 1994 Schedule 1 2012, 238 Migration Legislation Amendment Regulation 2012 (No. 4) 7 insert Subclass 457 (Temporary Work (Skilled)) visa [18] Subregulation 1.12 (10) omit Subclass 457 (Business (Long Stay)) visa insert Subclass 457 (Temporary Work (Skilled)) visa [19] Paragraph 1.12 (11) (a) omit each mention of Subclass 457 (Business (Long Stay)) visa insert Subclass 457 (Temporary Work (Skilled)) visa [20] Paragraph 1.12 (12) (a) omit each mention of Subclass 457 (Business (Long Stay)) visa insert Subclass 457 (Temporary Work (Skilled)) visa [21] Regulation 1.16B omit [22] Paragraphs 1.20 (4) (ea) to (ec) omit [23] Paragraph 1.20 (4","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-7bcd04a2de618a7352f4","countryCode":"AU","country":"Australia","title":"Introduction of the Post-Study Work stream in the Temporary Graduate visa","policyEffect":"On 23 March 2013, Schedule 2 to Migration Legislation Amendment Regulation 2013 (No. 1) renamed Subclass 485 and created a Post-Study Work stream alongside the Graduate Work stream. The former Skilled–Graduate criteria required a nominated skilled occupation, closely related qualifications and a suitable skills assessment. The new Post-Study Work primary criteria do not impose that occupation nomination or skills-assessment requirement; those requirements remain in the Graduate Work stream. This record covers the opening Post-Study Work route and its applicable primary eligibility conditions, not the regulation’s separate tribunal, student-cancellation or humanitarian amendments. A primary applicant must nominate only one stream, be under 50, and hold or have held their first Student Temporary (Class TU) visa granted on the basis of an application made on or after 5 November 2011. A first visa granted after that date from an earlier application does not meet this condition. The applicant must also satisfy one of the four visa-status gateways in item 1229(4): hold an eligible student visa; hold Bridging A or B granted from a valid application for a non-excluded visa and have held an eligible student visa within the preceding six months; hold a non-excluded substantive visa and have held an eligible student visa within those six months; or have been taken under the specified Migration Act notification provisions to have been notified, no more than 28 days before applying, that the Migration Review Tribunal set aside and substituted a refusal to revoke cancellation of the eligible student visa. The excluded visas for the bridging/substantive alternatives are Subclasses 570, 571, 575 and 576, and 572/573/574 applications involving the specified government or multilateral funded study, or AusAID/Defence-approved scholarship or training, with a condition to leave Australia on completion. The separate eligible-student-visa definition also excludes specified older Subclass 560 and 562/563 arrangements and related family holders, and specified 572/573/574 funded return-home arrangements and related family holders; it is not every student visa. A primary applicant must apply in Australia, outside immigration clearance, using the prescribed application method and paying the prescribed charge. The Post-Study Work qualification must be one specified by IMMI 13/013: an AQF level 7 or higher Bachelor, Bachelor with Honours, Masters by Coursework, Masters by Research, Masters (Extended), or Doctoral degree. IMMI 13/031 specifies Australian universities and non-university education providers that are registered on CRICOS and offer degree-level or higher courses. The applicant must have satisfied the Australian study requirement in the six months immediately before applying. Regulation 1.15F requires completed Australian qualifications from registered courses involving at least 16 calendar months and at least two academic years of study, instruction entirely in English, undertaken in Australia while holding a visa authorising study. Completion means meeting academic requirements, without requiring formal conferral. The common primary criteria prohibit previously holding a Subclass 476 or 485 granted on primary criteria. At application there must be evidence of competent English, of an AFP-check application within the preceding 12 months for the applicant and each included person aged at least 16, of medical-examination arrangements for every included person, and of adequate Australian health-insurance arrangements for the primary applicant, maintained since application. Applicable public-interest, family-member and special-return criteria in clauses 485.216–485.217 and any maximum-grant determinations in 485.218 still apply. Primary applicants and family members who applied jointly must be in Australia at grant. Family members have the separate secondary criteria in 485.3; the primary eligibility route is not an automatic entitlement for every family member. Health-insurance condition 8501 is mandatory. The contemporaneous ministerial explanatory statement describes the new stream’s duration policy as two years for Bachelor, Bachelor with Honours, Masters by Coursework or Masters (Extended), three years for Masters by Research and four years for Doctoral graduates. This is the official 2013 policy explanation, not an unconditional statutory guarantee: operative clause 485.511 permits stay until a date specified by the Minister. The record does not infer an automatic fixed term irrespective of the grant decision, or claim that later duration rules applied at commencement.","operativeDate":"2013-03-23","year":2013,"affectedGroup":"International tertiary education graduates","materialConditionsAndExceptions":"Validated condition or limit: The former Skilled–Graduate criteria required a nominated skilled occupation, closely related qualifications and a suitable skills assessment.; The new Post-Study Work primary criteria do not impose that occupation nomination or skills-assessment requirement; This record covers the opening Post-Study Work route and its applicable primary eligibility conditions, not the regulation’s separate tribunal, student-cancellation or humanitarian amendments.; A primary applicant must nominate only one stream, be under 50, and hold or have held their first Student Temporary (Class TU) visa granted on the basis of an application made on or after 5 November 2011.; A first visa granted after that date from an earlier application does not meet this condition.; The applicant must also satisfy one of the four visa-status gateways in item 1229(4): hold an eligible student visa; hold Bridging A or B…","policyCategory":"Labour migration / international students","policyTool":"Post-study work permit / entry visa","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2013L00490/asmade/2013-03-19/text/original/pdf","preciseCitation":"SLI No. 33 of 2013, section 2 and complete Schedule 2; IMMI 13/013 and IMMI 13/031; opening-day regulation 1.15F and eligible-student-visa definition; prior item 1229 and Part 485; contemporaneous ministerial explanatory statement introduction.","evidencePassage":"Migration Legislation Amendment Regulation 2013 (No. 1) Select Legislative Instrument No. 33, 2013 I, Quentin Bryce, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Migration Act 1958. Dated 14 March 2013 Quentin Bryce Governor-General By Her Excellency’s Command Brendan O’Connor Minister for Immigration and Citizenship OPC50365 - 14 Federal Register of Legislative Instruments F2013L00490 Federal Register of Legislative Instruments F2013L00490 Contents 1 Name of regulation ............................................................................ 1 2 Commencement ................................................................................. 1 3 Authority ........................................................................................... 1 4 Schedule(s) ........................................................................................ 2 Schedule 1—Amendments relating to Tribunal fees 3 Migration Regulations 1994 3 Schedule 2—Amendments relating to post-study work arrangements and other matters 7 Migration Regulations 1994 7 Schedule 3—Amendments relating to cancellation of student visas 23 Migration Regulations 1994 23 Schedule 4—Amendments relating to Tribunals 24 Migration Regulations 1994 24 Schedule 5—Amendments relating to migration agents 34 Migration Agents Regulations 1998 34 Schedule 6—Amendments relating to transitional arrangements 44 Migration Regulations 1994 44 No. 33, 2013 Migration Legislation Amendment Regulation 2013 (No. 1) i OPC50365 - 14 Federal Register of Legislative Instruments F2013L00490 Federal Register of Legislative Instruments F2013L00490 1 Name of regulation This regulation is the Migration Legislation Amendment Regulation 2013 (No. 1). 2 Commencement (1) Each provision of this regulation specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 4 23 March 2013. 23 March 2013 and anything in this regulation not elsewhere covered by this table 2. Schedules 1 23 March 2013. 23 March 2013 and 2 3. Schedule 3 13 April 2013. 13 April 2013 4. Schedule 4 1 July 2013. 1 July 2013 5. Schedules 5 23 March 2013. 23 March 2013 and 6 Note: This table relates only to the provisions of this regulation as originally made. It will not be amended to deal with any later amendments of this regulation. (2) Any information in column 3 of the table is not part of this regulation. Information may be inserted in this column, or information in it may be edited, in any published version of this regulation. 3 Authority This regulation is made under the Migration Act 1958. No. 33, 2013 Migration Legislation Amendment Regulation 2013 (No. 1) 1 OPC50365 - 14 Federal Register of Legislative … F2013L00490 4 Schedule(s) Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. 2 Migration Legislation Amendment Regulation 2013 (No. 1) No. 33, 2013 OPC50365 - 14 Federal Register of Legislative Instruments F2013L00490 Amendments relating to Tribunal fees Schedule 1 Schedule 1—Amendments relating to Tribunal fees Migration Regulations 1994 1 At the end of subregulation 4.13(1) Add: Note: The fee in subregulation (1) is subject to increase under regulation 4.13A. 2 After regulation 4.13 Insert: 4.13A Biennial increases in fees Despite any other provision of these Regulations, the fee prescribed by subregulation 4.13(1) is increased, in accordance with regulation 4.13B, on each biennial anniversary of 1 July 2011. 4.13B Calculation of increase (1) If, in a relevant period, the latest CPI number is greater than the earlier CPI number, a fee is taken to increase, on 1 July immediately following the end of the period, in accordance with the formula: Fee  Latest CPI number Earlier CPI number where: earlier CPI number is the CPI number for the last March quarter before the beginning of the relevant period. latest CPI number is the CPI number for the last March quarter before the end of the relevant period. (2) If, apart from this subregulation, the amount of a fee increased under subregulation (1) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down. No. 33, 2013 Migration Legislation Amendment Regulation 2013 (No. 1) 3 OPC50365 - 14 Federal Register of Legislative Instruments F2013L00490 Schedule 1 Amendments relating to Tribunal fees (3) Subject to subregulation (4), if at any time, whether before or after the commencement of this regulation, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this regulation. (4) If, at any time, whether before or after the commencement of this regulation, the Australian Statistician changes the reference base for the Consumer Price Index, then, for the purposes of the application of this regulation after the change is made, regard must be had only to numbers published in terms of the new reference base. (5) In this regulation: CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician. fee means: (a) a fee prescribed by subregulation 4.13(1); or (b) the fee in force at the end of the relevant period if regulation 4.13A applies. relevant period means any of the following periods: (a) the 2 year period commenci","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b5763cbfa61ba4ad0113","countryCode":"AU","country":"Australia","title":"Migration Amendment (Temporary Protection Visas) Regulation 2013","policyEffect":"Reintroduced Temporary Protection Visas (Subclass 785) and amended requirements for Protection (Class XA) and Subclass 866 visas.","operativeDate":"2013-10-18","year":2013,"affectedGroup":"Persons applying for protection visas, including unauthorised maritime arrivals and persons not immigration cleared on last entry","materialConditionsAndExceptions":"","policyCategory":"Asylum or protection","policyTool":"Eligibility","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2013L01811/asmade/2013-10-17/text/original/pdf","preciseCitation":"","evidencePassage":"An application by a person for a Protection (Class XA) visa is a valid application for a Subclass 785 (Temporary Protection) visa only if the person: (i) holds a Subclass 785 (Temporary Protection) visa; or (ii) has held a Subclass 785 (Temporary Protection) visa since last entering Australia; or (iii) did not hold a visa that was in effect on the person’s last entry into Australia; or (iv) is an unauthorised maritime arrival; or (v) was not immigration cleared on the person’s last entry into Australia. … This regulation commences on 18 October 2013. … A valid application for a Protection (Class XA) visa made, but not finally determined, before 18 October 2013 is taken to also be a valid application for a Subclass 785 (Temporary Protection) visa if the applicant: (a) holds a Subclass 785 (Temporary Protection) visa; or (b) has held a Subclass 785 (Temporary Protection) visa since last entering Australia; or (c) did not hold a visa that was in effect on the applicant’s last entry into Australia; or (d) is an unauthorised maritime arrival; or (e) was not immigration cleared on the applicant’s last entry into Australia. … The applicant: (a) does not hold a Subclass 785 (Temporary Protection) visa; and (b) has not held a Subclass 785 (Temporary Protection) visa since last entering Australia; and (c) held a visa that was in effect on the applicant’s last entry into Australia; and (d) is not an unauthorised maritime arrival; and (e) was immigration cleared on the applicant’s last entry into Australia.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-e32739cc362748a0e1c18272","countryCode":"AU","country":"Australia","title":"Specification of Occupations Exempt from Labour Market Testing","policyEffect":"Specify all occupations classified in the ANZSCO as Skill Level 1 and Skill Level 2 for the purpose of paragraph 140GBC(4)(a) and (b) of the Migration Act 1958.","operativeDate":"2013-11-23","year":2013,"affectedGroup":"Occupations classified as anzsco skill level 1 and skill level 2","materialConditionsAndExceptions":"Recorded validated scope: Exemption from labour market testing.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2013L01952/asmade/2013-11-18/text/original/pdf","preciseCitation":"","evidencePassage":"1. SPECIFY for the purpose of paragraph 140GBC(4)(a) of the Act, all occupations that are classified in the ANZSCO as Skill Level 11; AND 2. SPECIFY for the purpose of paragraph 140GBC(4)(b) of the Act, all occupations that are classified in the ANZSCO as Skill Level 22; … This Instrument, IMMI 13/137, commences on 23 November 2013, immediately after the commencement of the Migrations Amendment (Temporary Sponsored Visas) Act 2013. … To be exempt, the nominated occupation must be both specified in this Instrument and satisfy the requirements of paragraph 140GBC(2)(a). … To be exempt, the nominated occupation must be both specified in this Instrument and satisfy the requirements of paragraph 140GBC(3)(a).","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recall-c283660af0ab07e2e1b7","countryCode":"AU","country":"Australia","title":"Bridging E visa holders made subject to an enforceable code of behaviour","policyEffect":"Amends the Migration Regulations 1994 to introduce an enforceable code of behaviour requirement for certain Bridging E visa holders, under which breaches may result in visa cancellation and return to immigration detention.","operativeDate":"2013-12-14","year":2013,"affectedGroup":"Certain Bridging E visa holders living in the Australian community","materialConditionsAndExceptions":"Validated condition or limit: Covered visa holders had to sign and comply with the code; a breach could support visa cancellation and return to immigration detention.","policyCategory":"Enforcement","policyTool":"Regulation","sourceName":"aph.gov.au","sourceUrl":"https://aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Scrutiny_reports/2014/244/c05","preciseCitation":"Select Legislative Instrument 2013 No. 269; operative 2013-12-14.","evidencePassage":"uary 2014* ## Code of Behaviour for Public Interest Criterion 4022 - IMMI 13/155 *FRLI: F2013L02105* *Portfolio: Immigration and Border Protection* *Tabled: Scheduled for House of Representatives and Senate, 11 February 2014* ### Summary of committee concerns 2.1 The committee has not been able to ascertain the necessity for these measures on the basis of the information provided and considers that the explanations provided in the statement of compatibility have failed to demonstrate that they are reasonable and proportionate. In the absence of this information, the committee considers that the amendments risk authorising serious breaches of human rights. 2.2 The committee seeks the Minister’s clarification on the various issues set out below as a matter of urgency so that it may finalise its consideration of these instruments while they are still before the Parliament. ### Overview 2.3 The Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 and the Code of Behaviour for Public Interest Criterion 4022 - IMMI 13/155 commenced on 14 December 2013. The committee has considered both these instruments together, given their interrelated nature. ##### Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 2.4 The Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 amends the *Migration Regulations 1994* to establish an enforceable code of behaviour for certain Bridging E (Class WE) visa (BVE) holders. 2.5 A BVE is a temporary visa that is ordinarily granted to ‘unlawful non-citizens’ to enable them to lawfully live in the community while their immigration status is finalised or while they make arrangements to leave Australia. As of 19 November 2013, there were some 22,900 asylum seekers who had arrived by boat who were living in the community on BVEs pending determination of their protection claims. [\\[1\\]](footnotes#c05f1) 2.6 The BVE cohort may also include unauthorised boat and air arrivals who ha","reviewMethod":"Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-2683bfb20ef37b36319c4524","countryCode":"AU","country":"Australia","title":"Minister may disclose specified Bridging Visa holder information to police","policyEffect":"The Minister may authorize disclosure of specified information about Subclass 050 or Subclass 051 Bridging Visa holders to federal, state, or territory police where the Minister reasonably believes disclosure is necessary or appropriate to perform functions or exercise powers under the Migration Act.","operativeDate":"2013-12-14","year":2013,"affectedGroup":"Holders of subclass 050 or subclass 051 visas","materialConditionsAndExceptions":"Recorded validated scope: Disclosure of migrant information to police.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2013L02101","preciseCitation":"","evidencePassage":"effect according to its terms. Federal Register of Legislative Instruments F2013L02101 Schedule 1 Amendments 2 Migration Amendment (Disclosure of Information) Regulation 2013 No. 270, 2013 OPC60297 - A Schedule 1—Amendments Migration Regulations 1994 1 After regulation 5.34E Insert: 5.34F Disclosure of information to police (1) This regulation applies in relation to a person who holds, or a class of persons who hold: (a) a Subclass 050 (Bridging (General)) visa; or (b) a Subclass 051 (Bridging (Protection Visa Applicant)) visa. (2) The Minister may authorise the disclosure of any information mentioned in subregulation (4) about the person or class to the Australian Federal Police or the police force or police service of a State or Territory. (3) The Minister may authorise the disclosure only if the Minister reasonably believes the disclosure is necessary or appropriate for the performance of functions or the exercise of powers under the Act. (4) For subregulation (2), the information is the following: (a) the name of the person or the names of persons in the class; (b) the residential address of the person or the residential addresses of persons in the class; (c) the sex of the person","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-fa393a7ee136fc58ba00","countryCode":"AU","country":"Australia","title":"Migration Amendment (2014 Measures No. 1) Regulation 2014","policyEffect":"The Migration Amendment (2014 Measures No. 1) Regulation 2014 amended the Migration Regulations 1994 to insert public interest criterion 4020 into various visa subclasses, amend criteria for Subclass 202 (Global Special Humanitarian) visas proposed by minors, and revise English language requirements for Subclass 457 visas.","operativeDate":"2014-03-22","year":2014,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"Migration Regulations 1994","sourceUrl":"https://legislation.gov.au/F2014L00286/asmade/2014-03-17/text/original/epub/OEBPS/document_1/document_1.html","preciseCitation":"Migration Regulations 1994. Migration Amendment (2014 Measures No. 1) Regulation 2014.; Select Legislative Instrument No. 32, 2014; F2014L00286","evidencePassage":"Measures No. 1) Regulation 2014 i OPC60386 - C Contents 1 Name of regulation ............................................................................ 1 2 Commencement ................................................................................. 1 3 Authority ........................................................................................... 1 4 Schedule(s) ........................................................................................ 1 Schedule 1—Amendments relating to public interest criterion 4020 2 Migration Regulations 1994 2 Schedule 2—Amendments relating to Subclass 202 (Global Special Humanitarian) visas for applicants proposed by minors 3 Migration Regulations 1994 3 Schedule 3—Amendments relating to inserting public interest criterion 4020 into various visa subclasses 4 Migration Regulations 1994 4 Schedule 4—Amendments relating to the release of information to the police 5 Migration Regulations 1994 5 Schedule 5—Amendments relating to English language requirements for Subclass 457 visas 6 Migration Regulations 1994 6 Schedule 6—Amendments relating to transitional arrangements 8 Migration Regulations 1994 8 Federal Register of Legislative Instruments … instrument has effect according to its terms. Federal Register of Legislative Instruments F2014L00286 Schedule 1 Amendments relating to public interest criterion 4020 2 Migration Amendment (2014 Measures No. 1) Regulation 2014 No. 32, 2014 OPC60386 - C Schedule 1—Amendments relating to public interest criterion 4020 Migration Regulations 1994 1 After subclause 4020(2) of Schedule 4 Insert: (2A) The applicant satisfies the Minister as to the applicant’s identity. (2B) The Minister is satisfied that during the period: (a) starting 10 years before the application was made; and (b) ending when the Minister makes a decision to grant or refuse the application; neither the applicant, nor any member of the family unit of the applicant, has been refused a visa because of a failure to satisfy the criteria in subclause (2A). Federal Register of Legislative Instruments F2014L00286 Amendments relating to Subclass 202 (Global Special Humanitarian) visas for applicants proposed by minors Schedule 2 No. 32, 2014 Migration Amendment (2014 Measures No. 1) Regulation 2014 3 OPC60386 - C Schedule 2—Amendments relating to Subclass 202 (Global Special Humanitarian) visas for applicants proposed by minors Migration Regulations 1994 1 Subclause 202.222(1) of Schedule 2 Repeal the subclause, substitute: (1) If: (a) the applicant met the requirements of subclause 202.211(2) at the time of application; and (b) the applicant’s proposer is, or has been, the holder of a Subclass 202 visa; the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa having regard to the extent of the applicant’s connection with Australia. Federal Register of Legislative Instruments F2014L00286 Schedule 3 Amendments relating to inserting public interest criterion 4020 into various visa subclasses 4 Migration Amendment (2014 Measures No. 1) Regulation 2014 No. 32, 2014 OPC60386 - C Schedule 3—Amendments relating to inserting public interest criterion 4020 into various visa subclasses Migration Regulations 1994 1 Paragraphs 416.223(a) and 416.323(a) of Schedule 2 After “4014”, insert “, 4020”. 2 Paragraphs 417.221(2)(b) and 462.221(b) of Schedule 2 Omit “and 4019”, substitute “, 4019 and 4020”. 3 Clause 488.223 of Schedule 2 After “4014”, insert “, 4020”. Federal Register of Legislative Instruments F2014L00286 Amendments relating to the release … any information mentioned in subregulation (4) about the person, or a class of such persons, to the Australian Federal Police or the police force or police service of a State or Territory. Federal Register of Legislative Instruments F2014L00286 Schedule 5 Amendments relating to English language requirements for Subclass 457 visas 6 Migration Amendment (2014 Measures No. 1) Regulation 2014 No. 32, 2014 OPC60386 - C Schedule 5—Amendments relating to English language requirements for Subclass 457 visas Migration Regulations 1994 1 Subparagraph 2.72(10)(g)(ii) Repeal the subparagraph, substitute: … (ii) if: (A) the holder would be required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the holder; and (B) in order to obtain the licence, registration or membership, the holder would need to demonstrate that the holder has undertaken a language test specified by the Minister under subparagraph 457.223(4)(eb)(iv) of Schedule 2 and achieved a score that is better than the score specified for the test by the Minister under subparagraph 457.223(4)(eb)(v) of Schedule 2; the holder demonstrates that he or she has proficiency in English of at least the standard required for the grant (however described) of the licence, registration or membership; 2 Subparagraph 2.72(10)(g)(iv) Repeal the subparagraph, substitute: (iv) unless subparagraph (ii) applies—the holder: (A) has undertaken a language test specified by the Minister under subparagraph 457.223(4)(eb)(iv) of Schedule 2; and (B) achieved within the period specified by the Minister in a legislative instrument for this subparagraph, in a single attempt at the test, the score specified by the Minister under subparagraph 457.223(4)(eb)(v) of Schedule 2; and Federal Register","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-207e599035f61bc721b5","countryCode":"AU","country":"Australia","title":"Migration Amendment (Credit Card Surcharge) Regulation 2014","policyEffect":"Introduces a credit card surcharge payable by a visa applicant if a payment of an instalment, or part of an instalment, of the visa application charge (VAC) is made by credit card. The surcharge amounts are: 1.08% for Visa or MasterCard, 1.99% for American Express or Japan Credit Bureau (JCB), and 2.91% for Diners Club International, calculated as a percentage of the VAC payment amount. The surcharge is payable when the VAC payment is made. The Minister may specify circumstances in a legislative instrument in which the credit card surcharge must or may be waived or refunded. The amendments apply in relation to the payment of an instalment, or part of an instalment, of visa application charge made on or after 19 April 2014.","operativeDate":"2014-04-19","year":2014,"affectedGroup":"Visa applicants making a payment of an instalment, or part of an instalment, of visa application charge by credit card","materialConditionsAndExceptions":"Validated condition or limit: The Minister may specify circumstances in a legislative instrument in which the credit card surcharge must or may be waived or refunded.; The amendments apply in relation to the payment of an instalment, or part of an instalment, of visa application charge made on or after 19 April 2014.","policyCategory":"Fees / visa application charges","policyTool":"Regulation","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2014L00421/asmade/2014-04-16/text/original/pdf","preciseCitation":"https://www.legislation.gov.au/F2014L00421/asmade/2014-04-16/text/original/pdf; https://www.legislation.gov.au/F2014L00421/asmade/2014-04-16/es/original/pdf","evidencePassage":"5.43 Credit card surcharge (1) A visa applicant is liable to pay a fee (the credit card surcharge) if a payment of an instalment, or part of an instalment, of visa application charge in relation to the visa application (the VAC payment) is made by credit card (whether the application is made using the internet or by any other means). … (2) The amount of the credit card surcharge payable in respect of the VAC payment is as follows: (a) for a VAC payment made by Visa or MasterCard credit card—1.08% of the amount of the VAC payment; (b) for a VAC payment made by American Express or Japan Credit Bureau (JCB) credit card—1.99% of the amount of the VAC payment; (c) for a VAC payment made by Diners Club International credit card—2.91% of the amount of the VAC payment. (3) The credit card surcharge is payable when the VAC payment is made. (4) The Minister may specify, in a legislative instrument, circumstances in which the credit card surcharge: (a) must be waived; or (b) may be waived; or (c) must be refunded; or (d) may be refunded. … 2 Commencement This regulation commences on 19 April 2014. … 2901 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Credit Card Surcharge) Regulation 2014 apply in relation to the payment of an instalment, or part of an instalment, of visa application charge made on or after 19 April 2014. … (1) A visa applicant is liable to pay a fee (the credit card surcharge) if a payment of an instalment, or part of an instalment, of visa application charge in relation to the visa application (the VAC payment) is made by credit card (whether the application is made using the internet or by any other means).","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-c0645b00c486a9c8e77a","countryCode":"AU","country":"Australia","title":"Migration Amendment Act 2014","policyEffect":"Amended section 48A of the Migration Act 1958 to specify that the statutory bar preventing non-citizens who have had a protection visa refused or cancelled from lodging a further protection visa application applies regardless of the grounds, criteria, or earlier bases for applications or visa grants.","operativeDate":"2014-05-28","year":2014,"affectedGroup":"Non-citizens who have had a protection visa refused or cancelled","materialConditionsAndExceptions":"","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/C2014A00030/asmade/2014-05-27/text/original/pdf","preciseCitation":"","evidencePassage":"(1C) Subsections (1) and (1B) apply in relation to a non-citizen regardless of any of the following: (a) the grounds on which an application would be made or the criteria which the non-citizen would claim to satisfy; (b) whether the grounds on which an application would be made or the criteria which the non-citizen would claim to satisfy existed earlier; (c) the grounds on which an earlier application was made or the criteria which the non-citizen earlier claimed to satisfy; (d) the grounds on which a cancelled protection visa was granted or the criteria the non-citizen satisfied for the grant of that visa. … a non-citizen is prevented from making an application for a protection visa after the commencement of the item, because of a refusal or cancellation referred to in subsection 48A(1) or (1B), whether the refusal or cancellation happened before, on or after that commencement.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-53f8283a426a88e4e518","countryCode":"AU","country":"Australia","title":"Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014","policyEffect":"The regulation repealed several visa classes, including definitions for aged dependent relative, carer, and remaining relative, effectively closing these non-contributory pathways for family migration to new applicants.","operativeDate":"2014-06-02","year":2014,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"Migration Regulations 1994","sourceUrl":"https://legislation.gov.au/F2014L00622/asmade/2014-05-30/text/original/epub/OEBPS/document_1/document_1.html","preciseCitation":"Migration Regulations 1994. Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014.; Select Legislative Instrument No. 65, 2014; F2014L00622","evidencePassage":"instrument has effect according to its terms. Federal Register of Legislative Instruments F2014L00622 Schedule 1 Amendments 2 Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 No. 65, 2014 OPC60575 - C Schedule 1—Amendments Migration Regulations 1994 1 Regulation 1.03 Repeal the following definitions: (a) definition of aged dependent relative; (b) definition of carer; (c) definition of remaining relative. 2 Regulations 1.15, 1.15AA and 1.20K Repeal the regulations. 3 Regulation 1.20LAA (heading) Repeal the heading, substitute: 1.20LAA Limitation on sponsorships—contributory parent and contributory aged parent visas 4 Paragraphs 1.20LAA(1)(a), (b), (e) and (f) Repeal the paragraphs. 5 At the end of Schedule 13 Add: Part 30—Amendments made by the Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 3001 Operation of Schedule 1 (1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 apply in relation to an application for a visa made on or after 2 June 2014. Federal Register of Legislative Instruments F2014L00622 Amendments Schedule 1 No. 65, 2014 Migration Amendment (Repeal … paragraph 2.08(1)(a) applied for his or her visa before 2 June 2014; and (c) for an application taken to have been made in accordance with regulation 2.08A—the original applicant mentioned in paragraph 2.08A(1)(a) applied for his or her visa before 2 June 2014. (3) To avoid doubt, these Regulations, as in force immediately before 2 June 2014, also continue to apply on and after 2 June 2014 in relation to an application for a visa made, but not finally determined, before 2 June 2014. 6 Amendments of listed provisions—repeals Repeal the following provisions: (a) item 1123A of Schedule 1; (b) item … 1123B of Schedule 1; (c) item 1124 of Schedule 1; (d) item 1124A of Schedule 1; (e) Part 103 of Schedule 2; (f) Part 114 of Schedule 2; (g) Part 115 of Schedule 2; (h) Part 116 of Schedule 2; (i) Part 804 of Schedule 2; (j) Part 835 of Schedule 2; (k) Part 836 of Schedule 2; (l) Part 838 of Schedule 2. Federal Register of Legislative Instruments F2014L00622","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-au-pic4020-minor-exclusion-exemption-20141123","countryCode":"AU","country":"Australia","title":"PIC 4020 exclusion periods disapplied where the refused application was made while under 18","policyEffect":"From 23 November 2014, the three-year exclusion period under public interest criterion 4020(2) and the ten-year identity-related exclusion period under 4020(2 B) do not apply to an applicant who was under 18 when the application for the refused visa was made. Age is tested at that earlier application, not at the refusal date or current application; the exemption therefore also protects a person applying again as an adult. The change applies to visa applications already made but not finally determined before 23 November 2014 and applications made on or after that date. It removes these exclusion periods only: applicants remain subject to the other requirements ofPIC 4020, including the current application’s fraud/identity assessment, and it does not guarantee a visa or prevent refusal involving their family unit. Previously the three- and ten-year periods could apply to these applicants, with the existing waiver framework for the three-year period. The two period exemptions constitute one age-based safeguard, not separate events.","operativeDate":"2014-11-23","year":2014,"affectedGroup":"Applicants assessed underpic 4020 who were under 18 when applying for a previously refused visa","materialConditionsAndExceptions":"Validated condition or limit: The change applies to visa applications already made but not finally determined before 23 November 2014 and applications made on or after that date.; It removes these exclusion periods only: applicants remain subject to the other requirements ofPIC 4020, including the current application’s fraud/identity assessment, and it does not guarantee a visa or prevent refusal involving their family unit.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation — original instrument and explanatory statement","sourceUrl":"https://www.legislation.gov.au/F2014L01461/asmade/2014-10-31/text/original/pdf","preciseCitation":"F2014L01461 Schedule5 items2,4 inserting4020(2AA),(2BA); section2; Schedule8 clause3504. ES AttachmentB Schedule5 describes previous exclusions and retained requirements.","evidencePassage":"Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 Select Legislative Instrument No. 163, 2014 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation. Dated 30 October 2014 Peter Cosgrove Governor-General By His Excellency’s Command Scott Morrison Minister for Immigration and Border Protection OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Federal Register of Legislative Instruments F2014L01461 Contents 1 Name ................................................................................................. 1 2 Commencement ................................................................................. 1 3 Authority ........................................................................................... 1 4 Schedules........................................................................................... 2 Schedule 1—Subclass 400 visas 3 Migration Regulations 1994 3 Schedule 2—Passenger cards 4 Migration Regulations 1994 4 Schedule 3—Disclosure of information to CrimTrac 5 Migration Regulations 1994 5 Schedule 4—Subclass 572 and Subclass 573 visas and other matters 6 Part 1—Extending streamlined visa processing 6 Migration Regulations 1994 6 Part 2—Other amendments 10 Migration Regulations 1994 10 Schedule 5—Public interest criterion 4020 11 Migration Regulations 1994 11 Schedule 6—Fees and adoption 12 Australian Citizenship Regulations 2007 12 Schedule 7—Definition of financial institution 13 Migration Regulations 1994 13 Schedule 8—Application and transitional provisions 14 Australian Citizenship Regulations 2007 14 Migration Regulations 1994 14 No. 163, 2014 Migration Legislation Amendment (2014 Measures No. 2) i Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Federal Register of Legislative Instruments F2014L01461 1 Name This is the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014. 2 Commencement Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Provisions Commencement 1. Sections 1 to 4 and The day after this instrument is registered. anything in this instrument not elsewhere covered by this table 2. Schedules 1 to 5 23 November 2014. 3. Schedule 6, item 1 The later of: (a) 23 November 2014; and (b) the day after the Australian Citizenship Amendment (Intercountry Adoption) Act 2014 commences. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 4. Schedule 6, item 2 3 November 2014. 5. Schedule 6, item 3 1 January 2015. 6. Schedules 7 and 8 23 November 2014. 3 Authority This instrument is made under the following Acts: (a) the Australian … Act 2007; (b) the Migration Act 1958. No. 163, 2014 Migration Legislation Amendment (2014 Measures No. 2) 1 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. 2 Migration Legislation Amendment (2014 Measures No. 2) No. 163, 2014 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Subclass 400 visas Schedule 1 Schedule 1—Subclass 400 visas Migration Regulations 1994 1 Clause 400.111 of Schedule 2 (paragraph (a) of the definition of non-ongoing) Omit “3”, substitute “6”. 2 Paragraph 400.511(a) of Schedule 2 Omit “3”, substitute “6”. 3 Subparagraph 400.511(b)(i) of Schedule 2 Omit “3”, substitute “6”. No. 163, 2014 Migration Legislation Amendment (2014 Measures No. 2) 3 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Schedule 2 Passenger cards Schedule 2—Passenger cards Migration Regulations 1994 1 Division 3.1 (heading) Repeal the heading, substitute: Division 3.1—Information to be given 2 Paragraph 3.01(3)(b) Repeal the paragraph, substitute: (b) if the person is arriving in Australia—provide the completed passenger card to an officer; and (c) if the person is departing Australia—either: (i) provide the completed passenger card to an officer or an authorised system; or (ii) deposit the completed passenger card at a place of a kind specified in a legislative instrument made by the Minister for this subparagraph. 3 Regulation 3.02 (heading) Repeal the heading, substitute: 3.02 Passenger cards for persons entering Australia 4 Subregulation 3.02(1) After “card”, insert “for a person entering Australia”. 5 Subregulation 3.02(3) Omit “A”, substitute “The”. 4 Migration Legislation Amendment (2014 Measures No. 2) No. 163, 2014 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Disclosure of information to CrimTrac Schedule 3 Schedule 3—Disclosure of information to CrimTrac Migration Regulations 1994 1 Regulation 1.03 Insert: CNI number means a central names index number generated by the National Automated Fingerprint Identification System maintained by or on behalf of CrimTrac. CrimTrac means the CrimTrac Agency, established as an Executive Agency by the Governor-General by order under section 65 of the Public Service Act 1999. 2 Regulation 5.34F (heading) Repeal the heading, substitute: 5.34F Disclosure of information to police and CrimTrac 3 Subregulation 5.34F(2) Omit all the words after “persons,”, substitute: to the following: (a) the Australian Federal Police; (b) the police force or police service of a State or Territory; (c) CrimTrac. 4 At the end of subregulation 5.34F(4) Add: ; (f) the CNI number of the person or persons; (g) the client number of the per","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-au-subclass400-six-month-limits-20141123","countryCode":"AU","country":"Australia","title":"Subclass 400 maximum entry window and permitted stay extended from three to six months","policyEffect":"For subclass 400 Temporary Work (Short Stay Activity) visa applications made on or after 23 November 2014, the maximum time to travel to and enter Australia after visa grant increased from three to six months, and the maximum permitted stay after first entry increased from three to six months. This does not guarantee every holder a six-month stay; the change increases the applicable upper limits. The corresponding non-ongoing criterion was adjusted so the proposed event, activity or work must be likely to be completed within a continuous period of six months or less, instead of three months or less. The remaining eligibility and non-ongoing criteria were not removed. The entry window, stay limit and consequential duration criterion are treated as one change to the duration settings of the same visa. Earlier applications are outside this amendment’s application provision.","operativeDate":"2014-11-23","year":2014,"affectedGroup":"Subclass 400 applicants applying on or after 23 november 2014","materialConditionsAndExceptions":"Validated condition or limit: For subclass 400 Temporary Work (Short Stay Activity) visa applications made on or after 23 November 2014, the maximum time to travel to and enter Australia after visa grant increased from three to six months, and the maximum permitted stay after first entry increased from three to six months.; The corresponding non-ongoing criterion was adjusted so the proposed event, activity or work must be likely to be completed within a continuous period of six months or less, instead of three months or less.; The remaining eligibility and non-ongoing criteria were not removed.; The entry window, stay limit and consequential duration criterion are treated as one change to the duration settings of the same visa.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation — original instrument and explanatory statement","sourceUrl":"https://www.legislation.gov.au/F2014L01461/asmade/2014-10-31/text/original/pdf","preciseCitation":"F2014L01461 Schedule1 items1–3; section2; Schedule8 clause3501. OfficialES AttachmentC Schedule1 reproduces old and new duration requirements.","evidencePassage":"Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 Select Legislative Instrument No. 163, 2014 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation. Dated 30 October 2014 Peter Cosgrove Governor-General By His Excellency’s Command Scott Morrison Minister for Immigration and Border Protection OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Federal Register of Legislative Instruments F2014L01461 Contents 1 Name ................................................................................................. 1 2 Commencement ................................................................................. 1 3 Authority ........................................................................................... 1 4 Schedules........................................................................................... 2 Schedule 1—Subclass 400 visas 3 Migration Regulations 1994 3 Schedule 2—Passenger cards 4 Migration Regulations 1994 4 Schedule 3—Disclosure of information to CrimTrac 5 Migration Regulations 1994 5 Schedule 4—Subclass 572 and Subclass 573 visas and other matters 6 Part 1—Extending streamlined visa processing 6 Migration Regulations 1994 6 Part 2—Other amendments 10 Migration Regulations 1994 10 Schedule 5—Public interest criterion 4020 11 Migration Regulations 1994 11 Schedule 6—Fees and adoption 12 Australian Citizenship Regulations 2007 12 Schedule 7—Definition of financial institution 13 Migration Regulations 1994 13 Schedule 8—Application and transitional provisions 14 Australian Citizenship Regulations 2007 14 Migration Regulations 1994 14 No. 163, 2014 Migration Legislation Amendment (2014 Measures No. 2) i Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Federal Register of Legislative Instruments F2014L01461 1 Name This is the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014. 2 Commencement Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Provisions Commencement 1. Sections 1 to 4 and The day after this instrument is registered. anything in this instrument not elsewhere covered by this table 2. Schedules 1 to 5 23 November 2014. 3. Schedule 6, item 1 The later of: (a) 23 November 2014; and (b) the day after the Australian Citizenship Amendment (Intercountry Adoption) Act 2014 commences. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 4. Schedule 6, item 2 3 November 2014. 5. Schedule 6, item 3 1 January 2015. 6. Schedules 7 and 8 23 November 2014. 3 Authority This instrument is made under the following Acts: (a) the Australian … Act 2007; (b) the Migration Act 1958. No. 163, 2014 Migration Legislation Amendment (2014 Measures No. 2) 1 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. 2 Migration Legislation Amendment (2014 Measures No. 2) No. 163, 2014 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Subclass 400 visas Schedule 1 Schedule 1—Subclass 400 visas Migration Regulations 1994 1 Clause 400.111 of Schedule 2 (paragraph (a) of the definition of non-ongoing) Omit “3”, substitute “6”. 2 Paragraph 400.511(a) of Schedule 2 Omit “3”, substitute “6”. 3 Subparagraph 400.511(b)(i) of Schedule 2 Omit “3”, substitute “6”. No. 163, 2014 Migration Legislation Amendment (2014 Measures No. 2) 3 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Schedule 2 Passenger cards Schedule 2—Passenger cards Migration Regulations 1994 1 Division 3.1 (heading) Repeal the heading, substitute: Division 3.1—Information to be given 2 Paragraph 3.01(3)(b) Repeal the paragraph, substitute: (b) if the person is arriving in Australia—provide the completed passenger card to an officer; and (c) if the person is departing Australia—either: (i) provide the completed passenger card to an officer or an authorised system; or (ii) deposit the completed passenger card at a place of a kind specified in a legislative instrument made by the Minister for this subparagraph. 3 Regulation 3.02 (heading) Repeal the heading, substitute: 3.02 Passenger cards for persons entering Australia 4 Subregulation 3.02(1) After “card”, insert “for a person entering Australia”. 5 Subregulation 3.02(3) Omit “A”, substitute “The”. 4 Migration Legislation Amendment (2014 Measures No. 2) No. 163, 2014 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Disclosure of information to CrimTrac Schedule 3 Schedule 3—Disclosure of information to CrimTrac Migration Regulations 1994 1 Regulation 1.03 Insert: CNI number means a central names index number generated by the National Automated Fingerprint Identification System maintained by or on behalf of CrimTrac. CrimTrac means the CrimTrac Agency, established as an Executive Agency by the Governor-General by order under section 65 of the Public Service Act 1999. 2 Regulation 5.34F (heading) Repeal the heading, substitute: 5.34F Disclosure of information to police and CrimTrac 3 Subregulation 5.34F(2) Omit all the words after “persons,”, substitute: to the following: (a) the Australian Federal Police; (b) the police force or police service of a State or Territory; (c) CrimTrac. 4 At the end of subregulation 5.34F(4) Add: ; (f) the CNI number of the person or persons; (g) the client number of the per","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0942479f99b2c20f8e69","countryCode":"AU","country":"Australia","title":"Migration Amendment (Character and General Visa Cancellation) Act 2014","policyEffect":"Lowered the threshold for mandatory visa cancellation under section 501 on character grounds, specifically requiring the Minister to cancel a visa if a non-citizen is serving a sentence of imprisonment and has a substantial criminal record or child sex offence convictions.","operativeDate":"2014-12-11","year":2014,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Lowered the threshold for mandatory visa cancellation under section 501 on character grounds, specifically requiring the Minister to cancel a visa if a non-citizen is serving a sentence of imprisonment and has a substantial criminal record or child sex offence convictions.","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"Schedule 2—General visa cancellation amendments","sourceUrl":"https://legislation.gov.au/C2014A00129/asmade/2014-12-10/text/original/epub/OEBPS/document_1/document_1.html","preciseCitation":"Schedule 2—General visa cancellation amendments. Migration Amendment (Character and General Visa Cancellation) Act 2014.; Act No. 129 of 2014","evidencePassage":"Subsection 500(1) Omit “; other than decisions to which a certificate under section 502 applies”. 7 At the end of subsection 500(4A) Add: ; (c) a decision of a delegate of the Minister under subsection 501(3A) to cancel a visa. ComLaw Authoritative Act C2014A00129 Character test amendments Schedule 1 No. 129, 2014 Migration Amendment (Character and General Visa Cancellation) Act 2014 5 8 After subsection 501(3) Insert: (3A) The Minister must cancel a visa that has been granted to a person if: (a) the Minister is satisfied that the person does not pass the character test because of the operation … of: (i) paragraph (6)(a) (substantial criminal record), on the basis of paragraph (7)(a), (b) or (c); or (ii) paragraph (6)(e) (sexually based offences involving a child); and (b) the person is serving a sentence of imprisonment, on a full-time basis in a custodial institution, for an offence against a law of the Commonwealth, a State or a Territory. (3B) Subsection (3A) does not limit subsections (2) and (3). 9 Subsection 501(5) After “(3)”, insert “or (3A)”. 10 Paragraph 501(6)(b) Repeal the paragraph, substitute: (b) the Minister reasonably suspects: (i) that the person has been or is a member","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-c3b2bd05cfe7a5fd4628","countryCode":"AU","country":"Australia","title":"Migration Amendment (2014 Measures No. 2) Regulation 2014","policyEffect":"Amends the Migration Regulations 1994 to expand the definition of 'managed fund' to include friendly society funds under the Life Insurance Act 1995 for investor visas, strengthen character and fraud criteria by requiring criminal history statements and Form 80 upon request, and impose bars on visa grant following certain cancellations under sections 116, 133A, 133C, or 501 of the Migration Act 1958. Phase scope: Schedules 2, 3, and 4 commenced on 12 December 2014 applying to pending and new applications; Schedule 1 commenced on 1 January 2015.","operativeDate":"2014-12-12","year":2014,"affectedGroup":"Business and investor visa applicants; non-citizens subject to character or fraud assessment","materialConditionsAndExceptions":"","policyCategory":"Investor and business migration; border enforcement and cancellation","policyTool":"Eligibility criteria, exclusion bars, mandatory documentation","sourceName":"aph.gov.au","sourceUrl":"https://static.aph.gov.au/-/media/Committees/Senate/committee/regord_ctte/mon2015/pdf/no01.pdf?hash=3D7AFA969C2DB64FBCBF41C7B3FFC354&rev=c7f8f1e694cd433daef636cc8bc3810d","preciseCitation":"Senate Standing Committee on Regulations and Ordinances, Delegated Legislation Monitor No. 1 of 2015, pp. 6–7","evidencePassage":"2) Regulation 2014 [F2014L01696] Purpose Makes amendments to the Migration Regulations 1994 to, in particular, remove the lengthy prescribed periods that an applicant outside Australia must be given to respond to a request for information or to an invitation to comment, broaden the definition of 'managed fund' to include both statutory funds and benefit funds operated by friendly societies registered under the Life Insurance Act 1995, provide that it is a criterion for the grant of a visa that, if requested, a statement from an appropriate authority about a person's criminal history and a completed Form 80 (Personal particulars for assessment including character assessment) must be provided, provide that where a person has had a visa cancelled under section 501 of the Migration Act (character grounds), they cannot be granted a further visa (except in certain circumstances), provide that where a person has had a visa cancelled under new subsections 116(1AA) (identity) or 116(1AB) (providing incorrect information) or the minister’s new 'set-aside and cancel' powers in sections 133A or 133C of the Migration Act, they cannot be granted a further visa for three years (except in certain circumstances), and harmonise the manner and time periods in which a person can make representations in relation to visa cancellation decisions Last day to disallow 26 March 2015 Authorising legislation Migration Act 1958 Department Immigration and Border Protection 7 Issue:","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-3fdede7f345d55f2dda1dd92","countryCode":"AU","country":"Australia","title":"Determination of Protection (Class XA) and Refugee and Humanitarian (Class XB) Visas 2014","policyEffect":"Determines the minimum combined total number of Protection (Class XA) and Refugee and Humanitarian (Class XB) visas that the Minister must take all reasonably practicable measures to ensure are granted in specified financial years starting from 2015 to 2018.","operativeDate":"2014-12-23","year":2014,"affectedGroup":"Protection (class xa) and refugee and humanitarian (class xb) visas","materialConditionsAndExceptions":"Recorded validated scope: Ministerial responsibility for visa grant numbers.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2014L01819/asmade/2014-12-22/text/original/pdf","preciseCitation":"","evidencePassage":"DETERMINE for the purposes of section 39A of the Act, the minimum combined total number of Protection (Class XA) and Refugee and Humanitarian (Class XB) visas that the Minister must take all reasonably practicable measures to ensure are granted in a specified financial year is as follows: a. for the financial year starting 1 July 2015 – 13,750 Class XA and Class XB visas; b. for the financial year starting 1 July 2016 – 13,750 Class XA and Class XB visas; c. for the financial year starting 1 July 2017 – 16,250 Class XA and Class XB visas; d. for the financial year starting 1 July 2018 – 18,750 Class XA and Class XB visas. … This Instrument, IMMI 14/117 commences on the day after signature. Dated 22.12.2014","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-au-protection-family-application-timing-20150418","countryCode":"AU","country":"Australia","title":"Protection visas: family-derived applicants must apply before the family visa holder’s grant","policyEffect":"From April 18, 2015, new section 91WB barred granting a protection visa on the family-unit criteria in section 36(2)(b) or (c) unless the family applicant applied before the family visa holder was granted a protection visa. It applies to a non-citizen in Australia applying for a protection visa who belongs to the same family unit as a person already granted a protection visa. The referenced criteria concern family membership of a person satisfying the refugee or complementary-protection criterion who holds a protection visa of the same class sought by the applicant. These family-unit criteria already existed; section 91WB added the express application-before-grant restriction. The provision applied to applications made on or after April 18 and earlier applications not finally determined on that date. Its prohibition concerns grants on the two family-derived criteria; it does not itself prohibit an applicant from satisfying an independent protection criterion. Other protection-visa requirements continue to apply.","operativeDate":"2015-04-18","year":2015,"affectedGroup":"Family-unit applicants for a protection visa on section 36(2)(b) or (c) grounds","materialConditionsAndExceptions":"Validated condition or limit: From April 18, 2015, new section 91WB barred granting a protection visa on the family-unit criteria in section 36(2)(b) or (c) unless the family applicant applied before the family visa holder was granted a protection visa.; section 91WB added the express application-before-grant restriction.; The provision applied to applications made on or after April 18 and earlier applications not finally determined on that date.","policyCategory":"Asylum or protection","policyTool":"Eligibility","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/C2015A00035/asmade/2015-04-13/text/original/pdf","preciseCitation":"Migration Amendment (Protection and Other Measures) Act 2015, Schedule 1 Part 2 item 11 and Part 3 item 15(3); Migration Act 1958 sections 36 and 91WB; F2015L00541","evidencePassage":"Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/) ComLaw Authoritative Act C2015A00035 Contents 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 2 3 Schedule(s) ........................................................................................ 3 Schedule 1—Protection visas 4 Part 1—Amendments commencing on day after Royal Assent 4 Migration Act 1958 4 Part 2—Amendments commencing on Proclamation 5 Migration Act 1958 5 Part 3—Application 9 Schedule 3—Unauthorised maritime arrivals and transitory persons 10 Part 1—Amendments 10 Migration Act 1958 10 Part 2—Application and transitional 13 Schedule 4—Migration Review Tribunal and Refugee Review Tribunal 15 Part 1—Amendments 15 Migration Act 1958 15 Part 2—Application 32 Schedule 5—Technical corrections 33 Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 33 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 33 No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 i ComLaw Authoritative Act C2015A00035 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes [Assented to 13 April 2015] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Migration Amendment (Protection and Other Measures) Act 2015. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 1 ComLaw Authoritative Act C2015A00035 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day this Act receives the Royal Assent. 13 April 2015 and anything in this Act not elsewhere covered by this table 2. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 1 Assent. 3. Schedule 1, A single day to be fixed by Proclamation. 18 April 2015 Part 2 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 4. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 3 Assent. 9. Schedule 3 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 10. Schedule 4 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 11. Schedule 5 The day after this Act receives the Royal 14 April 2015 Assent. 2 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 3 ComLaw Authoritative Act C2015A00035 Schedule 1 Protection visas Part 1 Amendments commencing on day after Royal Assent Schedule 1—Protection visas Part 1—Amendments commencing on day after Royal Assent Migration Act 1958 1 After section 5 Insert: 5AAA Non-citizen’s responsibility in relation to protection claims (1) This section applies in relation to a non-citizen who claims to be a person in respect of whom Australia has protection obligations (however arising). (2) For the purposes of this Act, it is the responsibility of the non-citizen to specify all particulars of his or her claim to be such a person and to provide sufficient evidence to establish the claim. (3) The purposes of this Act include: (a) the purposes of a regulation or other instrument under this Act; and (b) the purposes of any administrative process that occurs in relation to: (i) this Act; or (ii) a regulation or instrument under this Act. (4) To remove doubt, the Minister does not have any responsibility or obligation to: (a) specify, or assist in specifying, any particulars of the non-citizen’s claim; or (b) establish, or assist in establishing, the claim. 4 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Protection visas Schedule 1 Amendments commencing on Proclamation Part 2 Part 2—Amendments commencing on Proclamation Migration Act 1958 2 Subsection 5(1) Insert: bogus document, in relation to a person, means a document that the Minister reasonably suspects is a document that: (a) purports to have been, but was not, issued in respect of the person; or (b) is counterfeit or has been altered by a person who does not have authority to do so; or (c) was obtained because of a false or misleading statement, whether or not made knowingly. 3 Subparagraph 65(1)(a)(iii) After “section 40 (circumstances when granted),”, insert “91W (","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-au-protection-identity-refusal-20150418","countryCode":"AU","country":"Australia","title":"Protection visas: mandatory identity-document refusal ground with reasonable-explanation exception","policyEffect":"From April 18, 2015, new section 91WA required refusal of a protection visa if the applicant provided a bogus document as evidence of identity, nationality or citizenship, or the Minister was satisfied that the applicant had destroyed or disposed of such documentary evidence, or caused its destruction or disposal. Refusal under this section did not apply if the Minister was satisfied both that the applicant had a reasonable explanation and that the applicant either provided documentary evidence of identity, nationality or citizenship or had taken reasonable steps to provide it. The statutory definition of a bogus document covered a document reasonably suspected by the Minister to purport to have been issued for the person when it was not, to be counterfeit or altered without authority, or to have been obtained because of a false or misleading statement, whether or not knowingly made. Providing included causing a document to be provided, given or presented. The new section applied to protection-visa applications made on or after April 18 and earlier applications not finally determined on that date. This component concerns the inserted section 91WA refusal ground, rather than the separate amendments to requested identity evidence under section 91W.","operativeDate":"2015-04-18","year":2015,"affectedGroup":"Protection-visa applicants providing identity documents, including applicants with cases not finally determined at commencement","materialConditionsAndExceptions":"Validated condition or limit: From April 18, 2015, new section 91WA required refusal of a protection visa if the applicant provided a bogus document as evidence of identity, nationality or citizenship, or the Minister was satisfied that the applicant had destroyed or disposed of such documentary evidence, or caused its destruction or disposal.; The new section applied to protection-visa applications made on or after April 18 and earlier applications not finally determined on that date.","policyCategory":"Asylum or protection","policyTool":"Eligibility","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/C2015A00035/asmade/2015-04-13/text/original/pdf","preciseCitation":"Migration Amendment (Protection and Other Measures) Act2015, Schedule1Part2items2and11; Schedule1Part3item15(3); Commencement Proclamation2015 F2015L00541","evidencePassage":"Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/) ComLaw Authoritative Act C2015A00035 Contents 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 2 3 Schedule(s) ........................................................................................ 3 Schedule 1—Protection visas 4 Part 1—Amendments commencing on day after Royal Assent 4 Migration Act 1958 4 Part 2—Amendments commencing on Proclamation 5 Migration Act 1958 5 Part 3—Application 9 Schedule 3—Unauthorised maritime arrivals and transitory persons 10 Part 1—Amendments 10 Migration Act 1958 10 Part 2—Application and transitional 13 Schedule 4—Migration Review Tribunal and Refugee Review Tribunal 15 Part 1—Amendments 15 Migration Act 1958 15 Part 2—Application 32 Schedule 5—Technical corrections 33 Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 33 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 33 No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 i ComLaw Authoritative Act C2015A00035 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes [Assented to 13 April 2015] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Migration Amendment (Protection and Other Measures) Act 2015. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 1 ComLaw Authoritative Act C2015A00035 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day this Act receives the Royal Assent. 13 April 2015 and anything in this Act not elsewhere covered by this table 2. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 1 Assent. 3. Schedule 1, A single day to be fixed by Proclamation. 18 April 2015 Part 2 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 4. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 3 Assent. 9. Schedule 3 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 10. Schedule 4 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 11. Schedule 5 The day after this Act receives the Royal 14 April 2015 Assent. 2 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 3 ComLaw Authoritative Act C2015A00035 Schedule 1 Protection visas Part 1 Amendments commencing on day after Royal Assent Schedule 1—Protection visas Part 1—Amendments commencing on day after Royal Assent Migration Act 1958 1 After section 5 Insert: 5AAA Non-citizen’s responsibility in relation to protection claims (1) This section applies in relation to a non-citizen who claims to be a person in respect of whom Australia has protection obligations (however arising). (2) For the purposes of this Act, it is the responsibility of the non-citizen to specify all particulars of his or her claim to be such a person and to provide sufficient evidence to establish the claim. (3) The purposes of this Act include: (a) the purposes of a regulation or other instrument under this Act; and (b) the purposes of any administrative process that occurs in relation to: (i) this Act; or (ii) a regulation or instrument under this Act. (4) To remove doubt, the Minister does not have any responsibility or obligation to: (a) specify, or assist in specifying, any particulars of the non-citizen’s claim; or (b) establish, or assist in establishing, the claim. 4 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Protection visas Schedule 1 Amendments commencing on Proclamation Part 2 Part 2—Amendments commencing on Proclamation Migration Act 1958 2 Subsection 5(1) Insert: bogus document, in relation to a person, means a document that the Minister reasonably suspects is a document that: (a) purports to have been, but was not, issued in respect of the person; or (b) is counterfeit or has been altered by a person who does not have authority to do so; or (c) was obtained because of a false or misleading statement, whether or not made knowingly. 3 Subparagraph 65(1)(a)(iii) After “section 40 (circumstances when granted),”, insert “91W (","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-au-protection-requested-evidence-refusal-20150418","countryCode":"AU","country":"Australia","title":"Protection visas: refusal replaces adverse inference for unexplained failure to supply requested identity evidence","policyEffect":"From April 18, 2015, amended section 91W replaced the former discretion to draw a reasonable adverse inference about identity, nationality or citizenship with a mandatory protection-visa refusal rule where its conditions are met. The Minister or an officer may request documentary evidence orally or in writing. Refusal under subsection (2) requires a request, refusal or failure to comply or production of a bogus document in response, no reasonable explanation, and an oral or written warning given when the request was made that the visa cannot be granted for refusal or failure to comply or for producing a bogus document. Subsection (3) disapplies that rule if the Minister is satisfied that the applicant has a reasonable explanation and either produces documentary evidence of identity, nationality or citizenship or has taken reasonable steps to produce it. Producing includes giving, presenting, providing or causing production. A bogus document is one reasonably suspected by the Minister to purport to have been issued for the person when it was not, to be counterfeit or altered without authority, or to have been obtained because of a false or misleading statement, whether or not knowingly made. The amendments applied to new applications and earlier applications not finally determined on April 18. This component counts the change in the consequence of unexplained noncompliance with a warned request; the separate section 91WA rule for bogus or destroyed documents is already recorded.","operativeDate":"2015-04-18","year":2015,"affectedGroup":"Protection-visa applicants requested to supply identity, nationality or citizenship evidence","materialConditionsAndExceptions":"","policyCategory":"Asylum or protection","policyTool":"Eligibility","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/C2015A00035/asmade/2015-04-13/text/original/pdf","preciseCitation":"Migration Amendment (Protection and Other Measures) Act 2015, Schedule 1 Part 2 items 2 and 4–10 and Part 3 item 15(3); Migration Act 1958 section 91W before and after April 18; F2015L00541","evidencePassage":"Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/) ComLaw Authoritative Act C2015A00035 Contents 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 2 3 Schedule(s) ........................................................................................ 3 Schedule 1—Protection visas 4 Part 1—Amendments commencing on day after Royal Assent 4 Migration Act 1958 4 Part 2—Amendments commencing on Proclamation 5 Migration Act 1958 5 Part 3—Application 9 Schedule 3—Unauthorised maritime arrivals and transitory persons 10 Part 1—Amendments 10 Migration Act 1958 10 Part 2—Application and transitional 13 Schedule 4—Migration Review Tribunal and Refugee Review Tribunal 15 Part 1—Amendments 15 Migration Act 1958 15 Part 2—Application 32 Schedule 5—Technical corrections 33 Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 33 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 33 No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 i ComLaw Authoritative Act C2015A00035 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes [Assented to 13 April 2015] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Migration Amendment (Protection and Other Measures) Act 2015. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 1 ComLaw Authoritative Act C2015A00035 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day this Act receives the Royal Assent. 13 April 2015 and anything in this Act not elsewhere covered by this table 2. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 1 Assent. 3. Schedule 1, A single day to be fixed by Proclamation. 18 April 2015 Part 2 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 4. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 3 Assent. 9. Schedule 3 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 10. Schedule 4 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 11. Schedule 5 The day after this Act receives the Royal 14 April 2015 Assent. 2 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 3 ComLaw Authoritative Act C2015A00035 Schedule 1 Protection visas Part 1 Amendments commencing on day after Royal Assent Schedule 1—Protection visas Part 1—Amendments commencing on day after Royal Assent Migration Act 1958 1 After section 5 Insert: 5AAA Non-citizen’s responsibility in relation to protection claims (1) This section applies in relation to a non-citizen who claims to be a person in respect of whom Australia has protection obligations (however arising). (2) For the purposes of this Act, it is the responsibility of the non-citizen to specify all particulars of his or her claim to be such a person and to provide sufficient evidence to establish the claim. (3) The purposes of this Act include: (a) the purposes of a regulation or other instrument under this Act; and (b) the purposes of any administrative process that occurs in relation to: (i) this Act; or (ii) a regulation or instrument under this Act. (4) To remove doubt, the Minister does not have any responsibility or obligation to: (a) specify, or assist in specifying, any particulars of the non-citizen’s claim; or (b) establish, or assist in establishing, the claim. 4 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Protection visas Schedule 1 Amendments commencing on Proclamation Part 2 Part 2—Amendments commencing on Proclamation Migration Act 1958 2 Subsection 5(1) Insert: bogus document, in relation to a person, means a document that the Minister reasonably suspects is a document that: (a) purports to have been, but was not, issued in respect of the person; or (b) is counterfeit or has been altered by a person who does not have authority to do so; or (c) was obtained because of a false or misleading statement, whether or not made knowingly. 3 Subparagraph 65(1)(a)(iii) After “section 40 (circumstances when granted),”, insert “91W (","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-au-rrt-new-evidence-inference-20150418","countryCode":"AU","country":"Australia","title":"Refugee Review Tribunal: adverse credibility inference for unexplained new claims or evidence","policyEffect":"From April 18, 2015, new section 423A directed the Refugee Review Tribunal to draw an inference unfavourable to the credibility of a new claim or new evidence when, in reviewing an RRT-reviewable protection-visa decision, it was satisfied that the applicant lacked a reasonable explanation for not raising the claim or presenting the evidence before the primary decision. The trigger was a claim or evidence newly introduced in the review application, rather than merely an unsuccessful original claim. The application provision limited this new rule to protection-visa applications made on or after April 14, 2015, even though section 423A commenced on April 18. The section prescribed a credibility inference, not automatic refusal of every application containing new material; the reasonable-explanation condition remained material.","operativeDate":"2015-04-18","year":2015,"affectedGroup":"Applicants seeking rrt review of protection-visa decisions on protection-visa applications made on or after april14,2015","materialConditionsAndExceptions":"Validated condition or limit: From April 18, 2015, new section 423A directed the Refugee Review Tribunal to draw an inference unfavourable to the credibility of a new claim or new evidence when, in reviewing an RRT-reviewable protection-visa decision, it was satisfied that the applicant lacked a reasonable explanation for not raising the claim or presenting the evidence before the primary decision.; The application provision limited this new rule to protection-visa applications made on or after April 14, 2015, even though section 423A commenced on April 18.","policyCategory":"Asylum or protection","policyTool":"Eligibility","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/C2015A00035/asmade/2015-04-13/text/original/pdf","preciseCitation":"Migration Amendment (Protection and Other Measures) Act2015, Schedule1Part2item14; Schedule1Part3item15(4); Commencement Proclamation2015 F2015L00541","evidencePassage":"Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/) ComLaw Authoritative Act C2015A00035 Contents 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 2 3 Schedule(s) ........................................................................................ 3 Schedule 1—Protection visas 4 Part 1—Amendments commencing on day after Royal Assent 4 Migration Act 1958 4 Part 2—Amendments commencing on Proclamation 5 Migration Act 1958 5 Part 3—Application 9 Schedule 3—Unauthorised maritime arrivals and transitory persons 10 Part 1—Amendments 10 Migration Act 1958 10 Part 2—Application and transitional 13 Schedule 4—Migration Review Tribunal and Refugee Review Tribunal 15 Part 1—Amendments 15 Migration Act 1958 15 Part 2—Application 32 Schedule 5—Technical corrections 33 Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 33 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 33 No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 i ComLaw Authoritative Act C2015A00035 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes [Assented to 13 April 2015] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Migration Amendment (Protection and Other Measures) Act 2015. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 1 ComLaw Authoritative Act C2015A00035 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day this Act receives the Royal Assent. 13 April 2015 and anything in this Act not elsewhere covered by this table 2. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 1 Assent. 3. Schedule 1, A single day to be fixed by Proclamation. 18 April 2015 Part 2 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 4. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 3 Assent. 9. Schedule 3 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 10. Schedule 4 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 11. Schedule 5 The day after this Act receives the Royal 14 April 2015 Assent. 2 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 3 ComLaw Authoritative Act C2015A00035 Schedule 1 Protection visas Part 1 Amendments commencing on day after Royal Assent Schedule 1—Protection visas Part 1—Amendments commencing on day after Royal Assent Migration Act 1958 1 After section 5 Insert: 5AAA Non-citizen’s responsibility in relation to protection claims (1) This section applies in relation to a non-citizen who claims to be a person in respect of whom Australia has protection obligations (however arising). (2) For the purposes of this Act, it is the responsibility of the non-citizen to specify all particulars of his or her claim to be such a person and to provide sufficient evidence to establish the claim. (3) The purposes of this Act include: (a) the purposes of a regulation or other instrument under this Act; and (b) the purposes of any administrative process that occurs in relation to: (i) this Act; or (ii) a regulation or instrument under this Act. (4) To remove doubt, the Minister does not have any responsibility or obligation to: (a) specify, or assist in specifying, any particulars of the non-citizen’s claim; or (b) establish, or assist in establishing, the claim. 4 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Protection visas Schedule 1 Amendments commencing on Proclamation Part 2 Part 2—Amendments commencing on Proclamation Migration Act 1958 2 Subsection 5(1) Insert: bogus document, in relation to a person, means a document that the Minister reasonably suspects is a document that: (a) purports to have been, but was not, issued in respect of the person; or (b) is counterfeit or has been altered by a person who does not have authority to do so; or (c) was obtained because of a false or misleading statement, whether or not made knowingly. 3 Subparagraph 65(1)(a)(iii) After “section 40 (circumstances when granted),”, insert “91W (","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-au-aircrew-domestic-work-limits-20150418","countryCode":"AU","country":"Australia","title":"Special Purpose visa work restricted to specified international and connecting flights for foreign aircrew","policyEffect":"For Special Purpose visas taken to have been granted on or after 18 April 2015, new mandatory conditions restrict the flights on which foreign airline crew may work in Australia. Under condition 8117, an airline positioning crew member may work only as crew on the flight leaving Australia and/or one flight from a proclaimed airport to the proclaimed airport of departure. Under condition 8118, an airline crew member may work only as crew on the flight arriving in Australia, one flight from the proclaimed arrival airport to another proclaimed airport, the flight leaving Australia, and/or one flight from a proclaimed airport to the proclaimed departure airport. Thus ordinary airline crew have at most two permitted domestic connecting flights and positioning crew at most one, tied to the specified international journeys rather than general domestic flying. These new conditions supplement the existing Special Purpose visa arrangements; they do not create general work rights or extend the visa’s stay period. The original explanatory statement identifies the previously unrestricted domestic-flight-count issue and the new limits. Earlier deemed grants are outside this amendment’s application provision.","operativeDate":"2015-04-18","year":2015,"affectedGroup":"Airline crew and airline positioning crew receiving deemed special purpose visas on or after 18 april 2015","materialConditionsAndExceptions":"Validated condition or limit: For Special Purpose visas taken to have been granted on or after 18 April 2015, new mandatory conditions restrict the flights on which foreign airline crew may work in Australia.; Under condition 8117, an airline positioning crew member may work only as crew on the flight leaving Australia and/or one flight from a proclaimed airport to the proclaimed airport of departure.; Under condition 8118, an airline crew member may work only as crew on the flight arriving in Australia, one flight from the proclaimed arrival airport to another proclaimed airport, the flight leaving Australia, and/or one flight from a proclaimed airport to the proclaimed departure airport.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation — original instrument and explanatory statement","sourceUrl":"https://www.legislation.gov.au/F2015L00351/asmade/2015-03-27/text/original/pdf","preciseCitation":"F2015L00351 Schedule1 items3–4, regulation2.40A and conditions8117–8118; section2; Schedule7 clause4101. ES AttachmentB/C Schedule1 explains prior domestic-flight issue and new operative limits.","evidencePassage":"Migration Amendment (2015 Measures No. 1) Regulation 2015 Select Legislative Instrument No. 34, 2015 I, the Honourable Alex Chernov AC QC, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation. Dated 26 March 2015 Alex Chernov Administrator By His Excellency’s Command Peter Dutton Minister for Immigration and Border Protection OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Federal Register of Legislative Instruments F2015L00351 Contents 1 Name ................................................................................................. 1 2 Commencement ................................................................................. 1 3 Authority ........................................................................................... 1 4 Schedules........................................................................................... 1 Schedule 1—Work-related conditions for foreign air crew 2 Migration Regulations 1994 2 Schedule 2—English language test requirements 4 Migration Regulations 1994 4 Schedule 3—Character and cancellation 7 Migration Regulations 1994 7 Schedule 4—Sponsorship obligation timeframes 8 Migration Regulations 1994 8 Schedule 5—Medical examination requirements 9 Migration Regulations 1994 9 Schedule 6—Legislative instrument for application requirements 10 Migration Regulations 1994 10 Schedule 7—Application provisions 32 Migration Regulations 1994 32 No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 i OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Federal Register of Legislative Instruments F2015L00351 1 Name This is the Migration Amendment (2015 Measures No. 1) Regulation 2015. 2 Commencement This instrument commences on 18 April 2015. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 1 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Schedule 1 Work-related conditions for foreign air crew Schedule 1—Work-related conditions for foreign air crew Migration Regulations 1994 1 Subregulations 2.05(1) and (2) Repeal the subregulations, substitute: (1) For subsection 41(1) of the Act, a visa is subject to any conditions specified for that Subclass of visa in Schedule 2, subject to subregulation (2). Note: Regulation 2.40A prescribes conditions in relation to special purpose visas taken to have been granted to airline positioning crew members and airline crew members. (2) For subsection 41(3) of the Act, the conditions that the Minister is permitted to impose on a visa are the conditions (if any) specified as permitted for that Subclass of visa in Schedule 2. Note: Conditions referred to by number in Schedule 2 are set out in Schedule 8: see the definition of condition in regulation 1.03. 2 At the end of subregulation 2.40(4) Add: Note: Regulation 2.40A sets out further restrictions on the work airline positioning crew members and airline crew members may perform in Australia. 3 At the end of Division 2.8 Add: 2.40A Conditions applicable to special purpose visas For subsection 41(1) of the Act: (a) a special purpose visa taken to be granted to an airline positioning crew member is subject to condition 8117; and (b) a special purpose visa taken to be granted to an airline crew member is subject to condition 8118. 4 After clause 8116 of Schedule 8 Insert: 2 Migration Amendment (2015 Measures No. 1) Regulation 2015 No. 34, 2015 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Work-related conditions for foreign air crew Schedule 1 8117 The holder must not work in Australia other than as a member of the crew on either or both of the following: (a) the flight on which the holder leaves Australia; (b) one flight from a proclaimed airport to the proclaimed airport from which the holder leaves Australia. 8118 The holder must not work in Australia other than as a member of the crew on one or more of the following: (a) the flight on which the holder travels to Australia; (b) one flight from the proclaimed airport at which the holder enters Australia to another proclaimed airport; (c) the flight on which the holder leaves Australia; (d) one flight from a proclaimed airport to the proclaimed airport from which the holder leaves Australia. No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 3 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Schedule 2 English language test requirements Schedule 2—English language test requirements Migration Regulations 1994 1 Regulation 1.03 (definition of Occupational English Test) Repeal the definition. 2 Regulation 1.03 Insert: score, in relation to a language test, means any score or result, however described, from the test, including any combination of scores or results from the test or components of the test. 3 Paragraph 1.15B(1)(b) Repeal the paragraph, substitute: (b) the person is an applicant for a visa; and (ba) for a person who was invited by the Minister under these Regulations, in writing, to apply for the visa—the test was conducted in the 3 years immediately before the date of the invitation; and (bb) for a person to whom paragraph (ba) does not apply—the test was conducted in the 3 years immediately before the day on which the application was made; and 4 Subregulation 1.15B(2) After “A person”, insert “also”. 5 Paragraph 1.15C(1)(b) Repeal the paragraph, substitute: (b) the person is an applicant for a visa; and (ba) for a person who was invited (or whose spouse or de facto partner was invited) by the Minister under these Regulations, in writing, to apply","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-au-485-upfront-medical-arrangements-removal-20150418","countryCode":"AU","country":"Australia","title":"Temporary Graduate applicants no longer required to lodge evidence of medical-examination bookings","policyEffect":"From 18 April 2015, repeal of clause 485.214 removed the requirement for a Temporary Graduate subclass 485 visa application to be accompanied, when made, by evidence that the applicant and each person included in the application had arranged a medical examination for that application. The repeal applies both to applications already made but not finally determined before 18 April 2015 and applications made on or after that date. This removes the upfront medical-arrangements evidence requirement only. Applicants remain required to meet the applicable health criterionPIC 4005, and medical examinations or tests required under that criterion are not waived. The official explanatory statement reproduces the former clause and explains that some applicants might not require an examination, while those who do still must complete it for the health assessment.","operativeDate":"2015-04-18","year":2015,"affectedGroup":"Subclass 485 temporary graduate applicants and persons included in pending or new applications","materialConditionsAndExceptions":"Validated condition or limit: From 18 April 2015, repeal of clause 485.214 removed the requirement for a Temporary Graduate subclass 485 visa application to be accompanied, when made, by evidence that the applicant and each person included in the application had arranged a medical examination for that application.; The repeal applies both to applications already made but not finally determined before 18 April 2015 and applications made on or after that date.; This removes the upfront medical-arrangements evidence requirement only.; Applicants remain required to meet the applicable health criterionPIC 4005, and medical examinations or tests required under that criterion are not waived.; The official explanatory statement reproduces the former clause and explains that some applicants might not require an examination, while those who do still must complete it for the health assessment.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation — original instrument and explanatory statement","sourceUrl":"https://www.legislation.gov.au/F2015L00351/asmade/2015-03-27/text/original/pdf","preciseCitation":"F2015L00351 Schedule5 item1 repealing485.214; section2; Schedule7 clause4105. ES AttachmentC Schedule5 reproduces complete old485.214 and explains retainedPIC4005 assessment.","evidencePassage":"85.111 of Schedule 2 (note 2) Repeal the note. 14 Clause 485.212 of Schedule 2 Repeal the clause, substitute: 485.212 The application was accompanied by evidence that: (a) the applicant: (i) has undertaken a language test specified by the Minister in a legislative instrument made for this paragraph; and (ii) has achieved, within the period specified by the Minister in the instrument, the score specified by the Minister in the instrument in accordance with the requirements (if any) specified by the Minister in the instrument; or (b) the applicant holds a passport of a type specified by the Minister in a legislative instrument made for this paragraph. 6 Migration Amendment (2015 Measures No. 1) Regulation 2015 No. 34, 2015 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Character and cancellation Schedule 3 Schedule 3—Character and cancellation Migration Regulations 1994 1 Paragraph 2.55(1)(b) Repeal the paragraph, substitute: (b) the giving of a document under subsection 501G(3) of the Act relating to a decision to: (i) cancel a visa under section 501, 501A, 501B, 501BA, or 501F of the Act; or (ii) not revoke a decision to cancel a visa under section 501CA of the Act; and 2 Subclause 4013(1) of Schedule 4 Omit “(2) or (2A)”, substitute “(2), (2A) or (3)”. No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 7 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Schedule 4 Sponsorship obligation timeframes Schedule 4—Sponsorship obligation timeframes Migration Regulations 1994 1 Subregulation 2.84(6) (table) Omit “10 working days” (wherever occurring), substitute “28 days”. 2 Subregulation 2.84(6) (table item 4) Omit “subregulation (5)”, substitute “paragraph (5)(b)”. 8 Migration Amendment (2015 Measures No. 1) Regulation 2015 No. 34, 2015 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Medical examination requirements Schedule 5 Schedule 5—Medical examination requirements Migration Regulations 1994 1 Clause 485.214 of Schedule 2 Repeal the clause. No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 9 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Schedule 6 Legislative instrument for application requirements Schedule 6—Legislative instrument for application requirements Migration Regulations 1994 1 Regulation 1.03 Insert: office of Immigration includes an office occupied by an officer of Immigration at an airport or a detention centre. 2 At the end of subregulation 2.07(1) Add: Note: An item of Schedule 1 may provide that the form, place or manner for making an application is specified by the Minister in a legislative instrument made for the item under subregulation (5). 3 At the end of regulation 2.07 Add: (5) If an item in Schedule 1 prescribes any of the following requirements by reference to a legislative instrument made under this subregulation, the Minister may, by legislative instrument, specify the requirement: (a) an … form for making an application for a visa of a specified class; (b) the way in which an application for a visa of a specified class must be made; (c) the place at which an application for a visa of a specified class must be made. Note 1: For paragraph (b), examples of the way in which an application must be made include by the internet, orally, or by posting, faxing or emailing the application to a specified number or address. Note 2: Regulation 2.10 sets out where an application for a visa must be made if no location for making the application is prescribed in relation to the visa in Schedule 1. (6) The legislative instrument may specify different requirements for: (a) different kinds of visa (however described); and (b) different classes of applicant. 10 Migration Amendment (2015 Measures No. 1) Regulation 2015 No. 34, 2015 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Legislative instrument for application requirements Schedule 6 4 Regulation 2.07A After “1305(1)”, insert “of Schedule 1”. 5 At the end of regulation 2.09 Add: (4) In this regulation: office of Immigration does not include an office occupied by an officer of Immigration at an airport or a detention centre. 6 Subregulation 2.10(4) Repeal the subregulation (not including the note). 7 Subregulations 2.10A(2) and 2.10B(2) Omit “The person”, substitute “For section 46 of the Act, the person”. 8 Part 1 of Schedule 1 (note to Part heading) Repeal the note. 9 Subitem 1104AA(1) of Schedule 1 Repeal the subitem, substitute: (1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). 10 Paragraph 1104AA(3)(a) of Schedule 1 Repeal the paragraph, substitute: (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). 11 Subitem 1104BA(1) of Schedule 1 Repeal the subitem, substitute: (1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 11 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Schedule 6 Legislative instrument for application requirements 12 Paragraph 1104BA(3)(a) of Schedule 1 Repeal the paragraph, substitute: (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). 13 Subitem 1104B(1) of Schedule 1 Repeal the subitem, substitute: (1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). 14 Paragraph 1104B(3)(a) of Schedule 1 Repeal the paragraph, substitute: (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-au-premium-investor-program-20150701","countryCode":"AU","country":"Australia","title":"Premium Investor program introduced: AUD15 million provisional entry and permanent pathway","policyEffect":"From July 1, 2015, Australia introduced the Premium Investor stream as one staged business-migration program: provisional subclass 188 followed by a conditional pathway to permanent subclass 888. A primary provisional applicant needed a written ministerial invitation, application within its stated period and nomination by the CEO of Austrade that had not been withdrawn. Applicants could apply in or outside Australia but not in immigration clearance; an applicant in Australia needed a substantive visa or Bridging A, B or C visa. On or after applying they had to make at least AUD15 million in a complying premium investment or approved philanthropic contribution, or a combination, provide compliance evidence and intend to hold the investment throughout the visa period, excluding the philanthropic part. The investor must be an individual investing personally, with a spouse or de facto partner, or through the wholly owned company or sole-trustee/sole-beneficiary structures specified in regulation 5.19D. Funds must be lawful, lawfully acquired, unencumbered and not used as security or collateral. Philanthropy requires written State or Territory government approval and can comprise the entire minimum amount. Permitted investments and their restrictions are those in Part 3 of IMMI15/100, including limits on residential property, derivatives and cash holdings, licensing or licensing-exemption requirements for fund operators, and management/conflict restrictions. Regulation 5.19D preserves compliance through investment switches of no more than 30 days; IMMI15/100 gives its specified cash-limit breaches up to ten business days to be remedied. Adult applicants must provide the Form1412 acknowledgement and release. Common criteria include acceptable business/investment history for the applicant and partner, public-interest and special-return criteria, and the applicable family requirements. Provisional applicants and accompanying family must meet health criterion4005; non-applicant family also must meet it unless requiring their assessment would be unreasonable. The visa permits travel, entry and stay for four years and three months; condition8557 requires maintaining the complying investment. Secondary family applicants have their own criteria; first-entry deadlines and possible condition8515 apply as specified. The permanent stage requires Austrade nomination not withdrawn, at least twelve continuous months holding a Premium subclass188 at application, maintenance of the complying investment throughout that holding period except the philanthropic portion, and evidence of compliance. For direct Australian proprietary-company investments the business must remain qualifying throughout, or the Minister must accept a genuine attempt if it could not operate as such. A qualifying business supplies goods/services for profit and is not primarily speculative or passive investment. Common permanent criteria additionally require a realistic commitment to Australian business/investment activity and satisfactory business-law compliance by the applicant and partner. Permanent applicants and family meet the specified public-interest criteria, including4007 with its limited health-waiver mechanism, and special-return criteria. Schedule1 also permits an application by a former or bereaved partner holding the specified secondary subclass188; this does not dispense with the Schedule2 grant criteria. The permanent visa carries five years of travel-entry permission. This is eligibility for a subsequent application, not automatic permanent residence after twelve months. Opening first-instalment charges were AUD8,410 for the provisional primary application, with additional adult/child charges of4,205/2,105, and AUD2,305 for permanent, with additional adult/child charges1,155/575. Adult applicants without functional English could owe a provisional second instalment of9,795 for primary or4,890 for secondary applicants unless already paid for a subclass188 application. At the permanent stage the4,890 second instalment applied only to qualifying secondary adults without functional English who had not paid it for subclass188; otherwise nil. General charge-component rules continue to apply. The regulation applies to visa applications made on or after July1. The provisional and permanent provisions are counted together as one new program, not two independent policy introductions.","operativeDate":"2015-07-01","year":2015,"affectedGroup":"Austrade-nominated premium investor applicants and eligible family members","materialConditionsAndExceptions":"Validated condition or limit: A primary provisional applicant needed a written ministerial invitation, application within its stated period and nomination by the CEO of Austrade that had not been withdrawn.; On or after applying they had to make at least AUD15 million in a complying premium investment or approved philanthropic contribution, or a combination, provide compliance evidence and intend to hold the investment throughout the visa period, excluding the philanthropic part.; The investor must be an individual investing personally, with a spouse or de facto partner, or through the wholly owned company or sole-trustee/sole-beneficiary structures specified in regulation 5.19D.; Funds must be lawful, lawfully acquired, unencumbered and not used as security or collateral.; Philanthropy requires written State or Territory government approval and can comprise the entire minimum amount.; IMMI15/100 gives its…","policyCategory":"Investment or business","policyTool":"Entry and stay","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2015L00963/asmade","preciseCitation":"Migration Amendment (Investor Visas) Regulation 2015, section2 and Schedule1; Migration Regulations 1994 July1 compilation, items1104BA/1202B, subdivisions188.21/188.27/888.21/888.25, regulation5.19D; IMMI15/100","evidencePassage":"Migration Amendment (Investor Visas) Regulation 2015 Select Legislative Instrument No. 102, 2015 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor ‑ General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation. Dated 25 June 2015 Peter Cosgrove Governor ‑ General By His Excellency’s Command Michaelia Cash Assistant Minister for Immigration and Border Protection Contents 1 Name 2 Commencement 3 Authority 4 Schedules Schedule 1—Amendments Migration Regulations 1994 1 Name This is the Migration Amendment (Investor Visas) Regulation 2015 . 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this instrument 1 July 2015. 1 July 2015 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. Schedule 1 — Amendments Migration Regulations 1994 1 Regulation 1.03 Insert: CEO of Austrade means the Chief Executive Officer of the Australian Trade Commission referred to in section 7B of the Australian Trade Commission Act 1985 . 2 Regulation 1.03 Insert: complying premium investment : see regulation 5.19D. 3 Regulation 1.03 Insert: complying significant investment : see regulation 5.19C. 4 Regulation 5.19B (note) Repeal the note. 5 At the end of Division 5.3 Add: 5.19C Complying significant investment Definition (1) An investment by a person (the investor ) is a complying significant investment if all of the requirements of this regulation are met. (2) If an investment (the overall investment ) is based on one or more other investments, this regulation (and any instrument under subregulation (6)) applies equally to the overall investment and each investment on which the overall investment is based. Investment requirements (3) All funds used to make the investment must be unencumbered and lawfully acquired. (4) The investment: (a) must be lawful; and (b) must not form the basis for security or collateral for a loan. (5) The investment, and the means by which the investment is made: (a) must be of a kind permitted by the requirements specified in an instrument under … and (b) must comply with any requirements specified in an instrument under subregulation (6). (6) The Minister may, by legislative instrument, specify requirements for the purposes of subregulation (5). Investment switching periods (7) Subregulation (8) applies in relation to a period (the switching period ): (a) beginning when the investor withdraws funds from the investment, or cancels the investment; and (b) ending when the investor reinvests the withdrawn funds, or the funds used to make the cancelled investment. (8) If the switching period is of no more than 30 days duration, the investment is taken not to have ceased to be a complying significant investment during the switching period only because of the event mentioned in paragraph (7)(a). Investor requirements (9) The investor must be an individual. (10) The investor must make the investment: (a) personally; or (b) with the investor’s spouse or de facto partner; or (c) by means of a company that has issued shares and in which: (i) the investor holds all of the issued shares; or (ii) the investor and the investor’s spouse or de facto partner hold all of the issued shares; or (d) by means of a trust to which the following applies: (i) the trust is lawfully established; (ii) the investor is the sole trustee or the investor and the investor’s spouse or de facto partner are the sole trustees; (iii) the investor is the sole beneficiary or the investor and the investor’s spouse or de facto partner are the sole beneficiaries. 5.19D Complying premium investment Definition (1) An investment or a philanthropic contribution, or a combined investment and philanthropic contribution, by a person (the investor ) is a complying premium investment if all of the requirements of this regulation are met. (2) If an investment (the overall investment ) is based on one or more other investments, this regulation (and any instrument under subregulation (8)) applies equally to the overall investment and each investment on which the overall investment is based. (3) If a philanthropic contribution (the overall contribution ) is based on one or more other philanthropic contributions, this regulation applies equally to the overall contribution and each philanthropic contribution on which the overall contribution is based. Investment and philanthropic contribution requirements (4) All funds used to make an investment or philanthropic contribution (or both) must be unencumbered and lawfully acquired. (5) An investment or philanthropic contribution (or both): (a) must be lawful; and (b) must not form the basis for security or collateral for a loan. Philanthropic contribution requirement (6) A philanthropic contribution must be approved for this regulation, in writing, by a State or Territory government agency. Investment requirements (7) An investment, and the means by which an investment is made: (a) must be of a kind permitted by the requirements specified in an instrument under subregulation (8); and (b) must com","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-au-visa-label-cessation-20150901","countryCode":"AU","country":"Australia","title":"Prescribed visa-label issuance ended for new requests","policyEffect":"From September 1, 2015, Australia removed the prescribed visa-label service by repealing Division 2.4 of Part 2 of the Migration Regulations 1994. Visa holders could use electronic records to demonstrate their status. The former rules continued to apply to a request for visa evidence made before September 1, 2015 if its visa evidence charge had also been paid before that date. Holding a valid Australian visa did not previously require a passport label to travel to, enter or remain in Australia.","operativeDate":"2015-09-01","year":2015,"affectedGroup":"Australian visa holders requesting prescribed evidence of their visa","materialConditionsAndExceptions":"Validated condition or limit: The former rules continued to apply to a request for visa evidence made before September 1, 2015 if its visa evidence charge had also been paid before that date.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2015L01304/asmade/2015-08-20/text/original/pdf","preciseCitation":"F2015L01304, commencement and Schedule 1; official explanatory statement","evidencePassage":"to this instrument has effect according to its terms.Federal Register of Legislative Instruments F2015L01304 Schedule 1 Amendments 2 Migration Amendment (Visa Labels) Regulation 2015 No. 144, 2015 OPC61327 - A Schedule 1—Amendments Migration Regulations 1994 1 Division 2.4 of Part 2 Repeal the Division. 2 Schedule 13 Insert in its appropriate numerical position: Part 45—Amendments made by the Migration Amendment (Visa Labels) Regulation 2015 4501 Operation of Schedule 1 Despite the repeal of Division 2.4 of Part 2 of these Regulations by Schedule 1 to the Migration Amendment (Visa Labels) Regu … st following cessation of issuing visa labels. Having to obtain a visa label can result in unnecessary expense, delays and inconvenience for clients and third party stakeholders. The amendments to the Migration Regulations 1958 (the Migration Regulations) allow Australia to cease issuing all visa labels from 1 September 2015. Removing Division 2.4 of Part 2 of the Migration Regulations would remove the remaining requirement to provide visa labels, as there would be no prescribed form of evidence under the following provisions:  subsection 70(1) (which allows persons to request to be given a p … rescribed form of evidence); and  section 71A (which requires an officer to give a requesting person a prescribed form of evidence provided the visa evidence charge has been paid). Human rights implications The department has considered the amendments against the seven core international human rights treaties to which Australia is a party. It is considered that the Legislative Instrument engages Article 2 and 26 of the International Covenant on Civil and Political Rights (ICCPR). Article 2 of ICCPR provides that: “Each State Party to the present Covenant undertakes to respect and to ensure to … on, that Division, as in force immediately before the repeal, continues to apply on and after 1 September 2015 in relation to a request made under section 70 of the Migration Act for evidence of a visa if:  the request was made before 1 September 2015; and  the visa evidence charge for the request had been paid before 1 September 2015. The intention behind item 2 of Schedule 1 to the Regulation is to ensure that any request made under section 70 of the Migration Act for evidence of a visa will be a valid request if the request was made before 1 September 2015 and the visa evidence charge for … the request had been paid before 1 September 2015. A visa label must be provided in this circumstance. Explanatory Statement to F2015L01304 … ve Instruments F2015L01304 No. 144, 2015 Migration Amendment (Visa Labels) Regulation 2015 1 OPC61327 - A 1 Name This is the Migration Amendment (Visa Labels) Regulation 2015. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this instrument 1 September 2015. 1 September 2015 Note: This table relates only","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-au-nz-scv-revocation-exception-20151017","countryCode":"AU","country":"Australia","title":"Special Category Visa eligibility restored for specified New Zealand citizens after cancellation revocation","policyEffect":"For visa applications made on or after October 17, 2015, the Special Category Visa rules allowed specified New Zealand citizens whose mandatory visa cancellation under subsection 501(3A) had been revoked following their representations to qualify despite the associated behaviour-concern ground. They had to present a current New Zealand passport and not be a health-concern non-citizen. The revocation could not have been set aside by the Minister under subsection 501BA(2), and no new behaviour-concern ground could have arisen since their representations, apart from removal or deportation caused by the cancelled visa.","operativeDate":"2015-10-17","year":2015,"affectedGroup":"New zealand citizens applying for a special category visa after revocation of mandatory visa cancellation","materialConditionsAndExceptions":"Validated condition or limit: For visa applications made on or after October 17, 2015, the Special Category Visa rules allowed specified New Zealand citizens whose mandatory visa cancellation under subsection 501(3A) had been revoked following their representations to qualify despite the associated behaviour-concern ground.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2015L01661/asmade/2015-10-15/text/original/pdf","preciseCitation":"F2015L01661, commencement, Schedule 1 and official explanatory statement","evidencePassage":"edules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2015L01661 registered 16/10/2015 Schedule 1 Amendments 2 Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015 No. 169, 2015 OPC61527 - A Schedule 1—Amendments Migration Regulations 1994 1 Regulation 1.03 (definition of special return criterion) Omit “Part 1 of”. 2 Regulation 5.15A Repeal the … regulation, substitute: 5.15A Special category visas—declared classes of New Zealand citizens (1) For paragraph 32(2)(c) of the Act, a person is in a class of persons for whom a visa of a class other than a special category visa would be inappropriate if the person: (a) is a New Zealand citizen who holds, and has presented to an officer, a New Zealand passport that is in force; and (b) is not a health concern non-citizen; and (c) is covered by subregulation (2) or (3). (2) A person is covered by this subregulation if the person is a behaviour concern non-citizen only because of having been exc … luded from a country other than Australia in circumstances that, in the opinion of the Minister, do not warrant the exclusion of the person from Australia. (3) A person is covered by this subregulation if: (a) the Minister has, under subsection 501(3A) of the Act (person serving sentence of imprisonment), cancelled a visa held by the person; and (b) the person has made representations to the Minister in accordance with the invitation given by the Minister under subsection 501CA(3) of the Act; and (c) the decision to cancel the visa is revoked under subsection 501CA(4) of the Act; and (d) the M … inister has not, under subsection 501BA(2) of the Act, set aside the decision to revoke the cancellation of the visa; andAuthorised Version F2015L01661 registered 16/10/2015 Amendments Schedule 1 No. 169, 2015 Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015 3 OPC61527 - A (e) since the person made the representations to the Minister mentioned in paragraph (b), no new grounds have arisen for the person to fall within the definition of behaviour concern non-citizen in subsection 5(1) of the Act, unless the only new ground that has arisen is the pers … on’s removal or deportation from Australia because of the decision to cancel the visa. 3 Division 444.2 of Schedule 2 (note) Repeal the note, substitute: Note: The only criteria are those set out in section 32 of the Act and in regulation 5.15A. 4 At the end of clause 5001 of Schedule 5 Add: ; or (d) a person whose visa has been cancelled under section 501BA of the Act if the Minister has not, acting personally, granted a permanent visa to the person after that cancellation. 5 Schedule 13 Insert in its appropriate numerical position: Part 47—Amendments made by the Migration Amendment (Special … Authorised Version F2015L01661 registered 16/10/2015 Authorised Version F2015L01661 registered 16/10/2015 No. 169, 2015 Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015 1 OPC61527 - A 1 Name This is the Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement inf … ormation Column 1 Column 2 Column 3 Provisions Commencement Date/Details The whole of this instrument The day after this instrument is registered. 17 October 2015 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Sch","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-au-src5001-personal-cancellation-20151017","countryCode":"AU","country":"Australia","title":"Special Return Criterion 5001 extended to personal ministerial visa cancellations","policyEffect":"For visa applications made on or after October 17, 2015, Special Return Criterion 5001 was extended to people whose visas had been cancelled personally by the Minister under section 501BA. A person affected by that cancellation could not satisfy this criterion unless the Minister had subsequently, acting personally, granted them a permanent visa. The restriction applied to visa classes that require Special Return Criterion 5001.","operativeDate":"2015-10-17","year":2015,"affectedGroup":"Applicants for visas requiring special return criterion 5001 following cancellation under section 501ba","materialConditionsAndExceptions":"Validated condition or limit: For visa applications made on or after October 17, 2015, Special Return Criterion 5001 was extended to people whose visas had been cancelled personally by the Minister under section 501BA.; A person affected by that cancellation could not satisfy this criterion unless the Minister had subsequently, acting personally, granted them a permanent visa.; The restriction applied to visa classes that require Special Return Criterion 5001.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2015L01661/asmade/2015-10-15/text/original/pdf","preciseCitation":"F2015L01661, commencement, Schedule 1 and official explanatory statement","evidencePassage":"on’s removal or deportation from Australia because of the decision to cancel the visa. 3 Division 444.2 of Schedule 2 (note) Repeal the note, substitute: Note: The only criteria are those set out in section 32 of the Act and in regulation 5.15A. 4 At the end of clause 5001 of Schedule 5 Add: ; or (d) a person whose visa has been cancelled under section 501BA of the Act if the Minister has not, acting personally, granted a permanent visa to the person after that cancellation. 5 Schedule 13 Insert in its appropriate numerical position: Part 47—Amendments made by the Migration Amendment (Special … ormation Column 1 Column 2 Column 3 Provisions Commencement Date/Details The whole of this instrument The day after this instrument is registered. 17 October 2015 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Sch","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-au-diplomatic-domestic-worker-standards-20151121","countryCode":"AU","country":"Australia","title":"Australian wage and working-condition standards required for diplomatic domestic workers","policyEffect":"For visa applications made on or after November 21, 2015, the Subclass 403 criteria for domestic workers of diplomatic or consular representatives required employment or engagement in accordance with wage and working-condition standards under relevant Australian legislation and awards.","operativeDate":"2015-11-21","year":2015,"affectedGroup":"Domestic workers of diplomatic and consular representatives applying for subclass 403 visas","materialConditionsAndExceptions":"Validated condition or limit: For visa applications made on or after November 21, 2015, the Subclass 403 criteria for domestic workers of diplomatic or consular representatives required employment or engagement in accordance with wage and working-condition standards under relevant Australian legislation and awards.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2015L01810/asmade/2015-11-12/text/original/pdf","preciseCitation":"F2015L01810, Schedule 2, commencement table and Schedule 10 application rules; official explanatory statement","evidencePassage":"omestic workers 4 Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 No. 184, 2015 OPC61403 - E Schedule 2—Working conditions for diplomatic domestic workers Migration Regulations 1994 1 Clause 403.242 of Schedule 2 Before “If”, insert “(1)”. 2 At the end of clause 403.242 of Schedule 2 Add: (2) For the purposes mentioned in paragraph (1)(a) or (b), the applicant is employed or engaged in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards.Authorised Version F2015L01810 registered 17/11/2015 Subclass 60 … ance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered. 18 November 2015 2. Schedules 1 to 4 21 November 2015. 21 November 2015 3. Schedule 5 1 December 2015. 1 December 2015 4. Schedule 6 21 November 2015. 21 November 2015 5. Schedule 7 Immediately after the commencement of Schedule 2 to the Migration Amendment (2015 Measures No. 1) … the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 commence on 1 January 2016. Migration Regulations 1994 2 Schedule 13 Insert in its appropriate numerical position: Part 48—Amendments made by the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 4801 Operation of Schedules 1 to 4 The amendments of these Regulations made by Schedules 1 to 4 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to an application for a visa made on or after 21 November 2015. Note: Schedules 1 to 4 to the Migration Legislation Am … endment (2015 Measures No. 3) Regulation 2015 commence on 21 November 2015.Authorised Version F2015L01810 registered 17/11/2015 Application and transitional provisions Schedule 10 No. 184, 2015 Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 15 OPC61403 - E 4802 Operation of Schedule 5 (1) The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to an application for a visa made on or after 1 December 2015. (2) However, to the extent that the application relates to work carried ou","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-au-working-holiday-paid-work-20151201","countryCode":"AU","country":"Australia","title":"Second working-holiday visa work requirement included lawful remuneration","policyEffect":"For applications made on or after December 1, 2015 by people who held or had held a Subclass 417 Working Holiday visa in Australia, qualifying specified regional work had to total at least three months of full-time work or its part-time or casual equivalent. The work had to be remunerated in accordance with relevant Australian legislation and awards. That remuneration requirement did not apply to work carried out before December 1, 2015.","operativeDate":"2015-12-01","year":2015,"affectedGroup":"Subclass 417 working holiday visa holders seeking a further visa based on specified regional work","materialConditionsAndExceptions":"Validated condition or limit: For applications made on or after December 1, 2015 by people who held or had held a Subclass 417 Working Holiday visa in Australia, qualifying specified regional work had to total at least three months of full-time work or its part-time or casual equivalent.; That remuneration requirement did not apply to work carried out before December 1, 2015.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2015L01810/asmade/2015-11-12/text/original/pdf","preciseCitation":"F2015L01810, Schedule 5, commencement table and Schedule 10 application rules; official explanatory statement","evidencePassage":"ce under paragraph (3)(h). (6) For subregulation (5), the first applicant may be in or outside Australia.Authorised Version F2015L01810 registered 17/11/2015 Schedule 5 Work requirements for working holiday visas 8 Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 No. 184, 2015 OPC61403 - E Schedule 5—Work requirements for working holiday visas Migration Regulations 1994 1 Subclause 417.211(5) of Schedule 2 Repeal the subclause, substitute: (5) If the applicant is, or has previously been, in Australia as the holder of a Subclass 417 visa, the Minister is satisfied that: (a) … the applicant has carried out (whether on a full-time, part-time or casual basis) a period or periods of specified work in regional Australia as the holder of the visa; and (b) the total period of the work carried out is, or is equivalent to, at least 3 months full-time work; and (c) the applicant has been remunerated for the work in accordance with relevant Australian legislation and awards.Authorised Version F2015L01810 registered 17/11/2015 Addition of public interest criterion 4020 to certain visa subclasses Schedule 6 No. 184, 2015 Migration Legislation Amendment (2015 Measures No. 3) Re … ance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered. 18 November 2015 2. Schedules 1 to 4 21 November 2015. 21 November 2015 3. Schedule 5 1 December 2015. 1 December 2015 4. Schedule 6 21 November 2015. 21 November 2015 5. Schedule 7 Immediately after the commencement of Schedule 2 to the Migration Amendment (2015 Measures No. 1) … endment (2015 Measures No. 3) Regulation 2015 commence on 21 November 2015.Authorised Version F2015L01810 registered 17/11/2015 Application and transitional provisions Schedule 10 No. 184, 2015 Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 15 OPC61403 - E 4802 Operation of Schedule 5 (1) The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to an application for a visa made on or after 1 December 2015. (2) However, to the extent that the application relates to work carried ou … t before 1 December 2015, paragraph 417.211(5)(c) of Schedule 2 (as amended by the amendments referred to in subclause (1)) does not apply in relation to that work. Note: Schedule 5 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 commences on 1 December 2015. 4803 Operation of Schedule 6 The amendments of these Regulations made by Schedule 6 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to the following applications for a visa: (a) an application made, but not finally determined, before 21 November 2015; (b) an appli","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp-2c91e026d8dc69ddd7cf","countryCode":"AU","country":"Australia","title":"Australian Citizenship Amendment (Allegiance to Australia) Act 2015","policyEffect":"Amends the Australian Citizenship Act 2007 to provide explicit powers for the cessation of Australian citizenship where a dual citizen engages in terrorism-related conduct.","operativeDate":"2015-12-12","year":2015,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"","policyCategory":"Citizenship or nationality status","policyTool":"Enforcement","sourceName":"aph.gov.au","sourceUrl":"https://aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bid=r5507","preciseCitation":"aph.gov.au. Australian Citizenship Amendment (Allegiance to Australia) Act 2015.; Australian Citizenship Amendment (Allegiance to Australia) Act 2015 (Act No. 166, 2015), Federal Register of Legislation.","evidencePassage":"ir allegiance to Australia.ComLaw Authoritative Act C2015A00166 Main amendments Schedule 1 No. 166, 2015 Australian Citizenship Amendment (Allegiance to Australia) Act 2015 3 Schedule 1—Main amendments Australian Citizenship Act 2007 1 Section 32A Omit: • you serve in the armed forces of a country at war with Australia: see section 35; or substitute: • you engage in various kinds of conduct inconsistent with allegiance to Australia: see sections 33AA, 35 and 35A; or 2 Section 33 (heading) Repeal the heading, substitute: 33 Renunciation by application 3 After section 33 Insert: 33AA Renunciatio … n by conduct Renunciation and cessation of citizenship (1) Subject to this section, a person aged 14 or older who is a national or citizen of a country other than Australia renounces their Australian citizenship if the person acts inconsistently with their allegiance to Australia by engaging in conduct specified in subsection (2). Note 1: The Minister may, in writing, exempt the person from the effect of this section in relation to certain matters: see subsection (14). Note 2: This section does not apply to conduct of Australian law enforcement or intelligence bodies, or to conduct in the cour … se of certain duties to the Commonwealth: see section 35AB.ComLaw Authoritative Act C2015A00166 Schedule 1 Main amendments 4 Australian Citizenship Amendment (Allegiance to Australia) Act 2015 No. 166, 2015 (2) Subject to subsections (3) to (5), subsection (1) applies to the following conduct: (a) engaging in international terrorist activities using explosive or lethal devices; (b) engaging in a terrorist act; (c) providing or receiving training connected with preparation for, engagement in, or assistance in a terrorist act; (d) directing the activities of a terrorist organisation; (e) recruit … Australia after engaging in the conduct and, at the time that the person left Australia, the person had not been tried for any offence related to the conduct. (8) Subsection (1) applies to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth). (9) Where a person renounces their Australian citizenship under this section, the renunciation takes effect, and the Australian citizenship of the person ceases, immediately upon the person engaging in the conduct referred to in subsec … n if that declaration had not been made. 4 Section 35 Repeal the section, substitute: 35 Service outside Australia in armed forces of an enemy country or a declared terrorist organisation Cessation of citizenship (1) A person aged 14 or older ceases to be an Australian citizen if: (a) the person is a national or citizen of a country other than Australia; and (b) the person:ComLaw Authoritative Act C2015A00166 Main amendments Schedule 1 No. 166, 2015 Australian Citizenship Amendment (Allegiance to Australia) Act 2015 9 (i) serves in the armed forces of a country at war with Australia; or (ii) f … ights for, or is in the service of, a declared terrorist organisation (see section 35AA); and (c) the person’s service or fighting occurs outside Australia. Note 1: The Minister may, in writing, exempt the person from the effect of this section in relation to certain matters: see subsection (9). Note 2: This section does not apply to conduct of Australian law enforcement or intelligence bodies, or to conduct in the course of certain duties to the Commonwealth: see section 35AB. (2) The person ceases to be an Australian citizen at the time the person commences to so serve or fight. (3) Subsecti … n: Australian law enforcement or intelligence body means a body, agency or organisation of the Commonwealth, or of a State or Territory, that is responsible for, or deals with, law enforcement, criminal intelligence, criminal investigation, fraud, security intelligence, foreign intelligence or financial intelligence. 5 After section 35 Insert: 35A Conviction for terrorism offences and certain other offences Cessation of citizenship on determination by Minister (1) The Minister may determine in writing that a person ceases to be an Australian citizen if: (a) the person has been convicted of an … offence against, or offences against, one or more of the following: (i) a provision of Subdivision A of Division 72 of the Criminal Code; (ii) a provision of section 80.1, 80.1AA or 91.1 of the Criminal Code; (iii) a provision of Part 5.3 of the Criminal Code (except section 102.8 or Division 104 or 105); (iv) a provision of Part 5.5 of the Criminal Code; (v) section 24AA or 24AB of the Crimes Act 1914; (vi) section 6 or 7 of the repealed Crimes (Foreign Incursions and Recruitment) Act 1978; and (b) the person has, in respect of the conviction or convictions, been sentenced to a period of impr … isonment of at least 6 years, or to periods of imprisonment that total at least 6 years; and (c) the person is a national or citizen of a country other than Australia at the time when the Minister makes the determination; and (d) the Minister is satisfied that the conduct of the person to which the conviction or convictions relate demonstrates that the person has repudiated their allegiance to Australia; andComLaw Authoritative Act C2015A00166 Main amendments Schedule 1 No. 166, 2015 Australian Citizenship Amendment (Allegiance to Australia) Act 2015 15 (e) having regard to the following facto","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-au-sponsorship-benefit-prohibition-20151214","countryCode":"AU","country":"Australia","title":"Sponsorship-benefit offences and civil penalties introduced","policyEffect":"From December 14, 2015, new sections 245AR and 245AS of the Migration Act 1958 prohibited asking for, receiving, offering or providing a benefit in return for a prescribed sponsorship-related event. The prohibitions applied even if the event did not occur. A benefit included payment or other valuable consideration, deductions, property, advantages, services and gifts. A reasonable payment for a professional service already provided or to be provided by the recipient or a third person was excepted; the person relying on that exception bore an evidential burden. Asking for or receiving a benefit became a criminal offence and attracted civil penalties; offering or providing a benefit attracted civil penalties. The framework also provided conditional executive-officer liability where an officer knew, was reckless or negligent about the corporate contravention, could influence the conduct and failed to take reasonable preventive steps. Covered sponsor classes were standard business, entertainment, superyacht crew, long stay activity, training and research, exchange, religious worker and sport sponsors. Prescribed visas were subclasses 186, 187, 401, 402 in the Research stream, 420, 457 and 488. Covered events included sponsor approval applications or variations; becoming or remaining a work-agreement party; agreeing to sponsor or retaining that agreement; making, including a person in, or retaining covered person or position nominations; employing or engaging a person, or retaining employment or engagement, for the sponsored occupation, position, program or activity; and grant of a covered visa. Implementing regulations also covered non-work-agreement labour agreements and their position nominations. Statutory geographical conditions and foreign-conduct defences in section 245AW applied; the prohibition did not assert universal overseas jurisdiction. The Act separately introduced visa-cancellation powers, and the regulations added nomination and application declarations; these are not treated as additional effects of this single benefit-trading prohibition record. The record identifies the new statutory offence and civil-penalty framework, without claiming that every form of sponsorship-cost recovery had previously been lawful.","operativeDate":"2015-12-14","year":2015,"affectedGroup":"Parties exchanging benefits for covered australian sponsored-visa events, and executive officers meeting the statutory liability conditions","materialConditionsAndExceptions":"Validated condition or limit: the person relying on that exception bore an evidential burden.","policyCategory":"Work migration and sponsorship","policyTool":"Offence and civil penalty prohibition","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/C2015A00161/asmade/2015-11-30/text/original/epub/OEBPS/document_1/document_1.html","preciseCitation":"C2015A00161 Schedule1item6 (sections245AQ–245AW); F2015L01961 Schedule1item17; F2015L01959 commencement proclamation","evidencePassage":"Migration Amendment (Charging for a Migration Outcome) Act 2015 No. 161, 2015 An Act to amend the Migration Act 1958 , and for other purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendments Migration Act 1958 Migration Amendment (Charging for a Migration Outcome) Act 2015 No. 161, 2015 An Act to amend the Migration Act 1958 , and for other purposes [ Assented to 30 November 2015 ] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Migration Amendment (Charging for a Migration Outcome) Act 2015 . 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 30 November 2015 2. Schedule 1 A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 14 December 2015 (F2015L01959) Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1 — Amendments Migration Act 1958 1 After subsection 116(1AB) Insert: (1AC) Subject to subsections (2) and (3), the Minister may cancel a visa (the current visa ) if he or she is satisfied that: (a) a benefit was asked for or received by, or on behalf of, the person (the visa holder ) who holds the current visa from another person in return for the occurrence of a sponsorship ‑ related event; or (b) a benefit was offered or provided by, or on behalf of, the person (the visa holder ) who holds the current visa to another person in return for the occurrence of a sponsorship ‑ related event. (1AD) Subsection (1AC) applies: (a) whether or not the visa holder held the current visa or any previous visa at the time the benefit was asked for, received, offered or provided; and (b) whether or not the sponsorship ‑ related event relates to the current visa or any previous visa that the visa holder held; and (c) whether or not the sponsorship ‑ related event occurred. 2 Subsections 116(2) and (3) Omit “(1AA) or (1AB)”, substitute “(1AA), (1AB) or (1AC)”. 3 At the end of section 116 Add: (4) In this section: benefit has a … affected by section 245AQ. sponsorship ‑ related event has the meaning given by section 245AQ. 4 Subsection 117(1) Omit “(1AA), or (1AB)”, substitute “(1AA), (1AB) or (1AC)”. 5 Paragraph 140X(aa) After “Subdivision C”, insert “or D”. 6 At the end of Division 12 of Part 2 Add: Subdivision D — Offences and civil penalties in relation to sponsored visas 245AQ Definitions In this Subdivision: benefit includes: (a) a payment or other valuable consideration; and (b) a deduction of an amount; and (c) any kind of real or personal property; and (d) an advantage; and (e) a service; and (f) a gift. executive officer of a body corporate means: (a) a director of the body corporate; or (b) the chief executive officer (however described) of the body corporate; or (c) the chief financial officer (however described) of the body corporate; or (d) the secretary of the body corporate. sponsor class means a prescribed class of sponsor. sponsored visa means a visa of a prescribed kind (however described). sponsorship ‑ related event means any of the following events: (a) a person applying for approval as a sponsor under section 140E in relation to a sponsor class; (b) a person applying for a variation of a term of an approval as a sponsor under section 140E in relation to a sponsor class; (c) a person becoming, or not ceasing to be, a party to a work agreement; (d) a person agreeing to be, or not withdrawing his or her agreement to be, an approved sponsor in relation to an applicant or proposed applicant for a sponsored visa; (e) a person making a nomination under section 140GB in relation to a holder of, or an applicant or proposed applicant for, a sponsored visa, or including another person in such a nomination; (f) a person not withdrawing a nomination made under section 140GB in relation to a holder of, or an applicant or proposed applicant for, a sponsored visa; (g) a person applying under the regulations for approval of the nomination of a position in relation to the holder of, or an applicant or proposed applicant for, a sponsored visa, or including another person in such a nomination; (h) a person not withdrawing the nomination under the regulations of a position in relation to the holder of, or an applicant or proposed applicant for, a sponsored visa; (i) a person employing or engaging, or not terminating the employment or engagement of, a person to work in an occupation or position in relation to which a sponsored visa has been granted, has been applied for or is to be applied for; (j) a person engaging, or not terminating the engagement of, a person to undertake a program, or carry out an activity, in relation to which a sponsored visa has been granted, has been applied for or is to be applied for; (k) the grant of a sponsored visa; (l) a prescribed event. 245AR Prohibition on asking for or receiving a benefit in return for the occurrence of a sponsorship ‑ related event (1) A person (the first person ) contravenes this subsection if: (a) the first pe","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-8be3f8f7f87b66ee15eb","countryCode":"AU","country":"Australia","title":"Creation of Entrepreneur Visa Stream under Business Innovation and Investment Program","policyEffect":"Established an Entrepreneur stream within the Subclass 188 (Provisional) and Subclass 888 (Permanent) Business Innovation and Investment visa framework for entrepreneurs with funding of at least $200,000 from an approved third party.","operativeDate":"2016-09-10","year":2016,"affectedGroup":"Entrepreneurs and startup founders","materialConditionsAndExceptions":"Validated condition or limit: Established an Entrepreneur stream within the Subclass 188 (Provisional) and Subclass 888 (Permanent) Business Innovation and Investment visa framework for entrepreneurs with funding of at least $200,000 from an approved third party.","policyCategory":"Labor migration / business migration","policyTool":"Points / investment visa category","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2016L01391/asmade/2016-09-01/text/original/pdf","preciseCitation":"","evidencePassage":"If an applicant applies for a Subclass 188 visa in the Entrepreneur stream, the criteria in Subdivisions 188.21 and 188.28 are the primary criteria. … If an applicant applies for a Subclass 888 visa in the Entrepreneur stream, the criteria in Subdivisions 888.21 and 888.26 are the primary criteria for the grant of the visa. … 1. The whole of this instrument 10 September 2016. … For the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream, the applicant must be undertaking, or proposing to undertake, a complying entrepreneurial activity … the total amount of the funding provided or to be provided under the agreement or agreements is at least $200,000; … The applicant must be nominated by a State or Territory government agency … An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Entrepreneur stream must hold a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-au-subclass462-offline-charge-20161119","countryCode":"AU","country":"Australia","title":"Subclass 462 added to non-Internet application charge regime","policyEffect":"The replacement instrument added subclass 462 Work and Holiday visas to the classes attracting a non-Internet application charge. It also specifies exemptions for subclass 462 applicants who have a dependent child or have not previously held a subclass 462 visa. Commencement follows the 2016 Measures No. 4 regulation, which commenced on 19 November 2016.","operativeDate":"2016-11-19","year":2016,"affectedGroup":"Subclass 462 work and holiday applicants","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2016L01779/asmade/text","preciseCitation":"Visas Attracting a Non-Internet Application Charge 2016/099; Visas Attracting a Non-Internet Application Charge 2013/145; Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016","evidencePassage":"R5_19_4E Commonwealth of Australia Migration Regulations 1994 VISAS ATTRACTING A NON-INTERNET APPLICATION CHARGE 2016/099 (paragraph 2.12C(7)(a) and subregulation 2.12C(8)) I, PETER DUTTON, Minister for Immigration and Border Protection, acting under subregulations 2.12C(7) and 2.12C(8) of the Migration Regulations 1994 (the Regulations): REVOKE Instrument IMMI 13/145 (F2013L01937), Visas Attracting a Non-Internet Application Charge, signed 7 November 2013; SPECIFY for the purposes of paragraph 2.12C(7)(a) of the Regulations the following visas: Subclass 155 – Five Year Resident Return; Subcla … ss 157 – Three Month Resident Return; Subclass 417 – Working Holiday; Subclass 462 – Work and Holiday; Subclass 476 – Skilled – Recognised Graduate; and Subclass 485 – Temporary Graduate.SPECIFY for the purposes of subregulation 2.12C(8) of the Regulations (in the Schedule to this Instrument) the circumstances where the non-Internet application charge is not payable by an applicant. This Instrument Visas Attracting a Non-Internet Application Charge 2016/099, IMMI 16/099 commences immediately after the commencement of the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016. Da","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-au-subclass408-charge-exemptions-20161124","countryCode":"AU","country":"Australia","title":"Specified subclass 408 applicants exempted from subsequent temporary application charge","policyEffect":"The subsequent temporary application charge provision for subclass 408 changed from the whole subclass to the whole subclass except applicants in the classes specified for subparagraphs 1237(2)(a)(i), (ii) and (iii) of Schedule 1 to the Migration Regulations. The amendment commenced on the day after registration on 23 November 2016.","operativeDate":"2016-11-24","year":2016,"affectedGroup":"Subclass 408 applicants in the specified classes","materialConditionsAndExceptions":"Validated condition or limit: The subsequent temporary application charge provision for subclass 408 changed from the whole subclass to the whole subclass except applicants in the classes specified for subparagraphs 1237(2)(a)(i), (ii) and (iii) of Schedule 1 to the Migration Regulations.; The amendment commenced on the day after registration on 23 November 2016.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2016L01791/asmade/text","preciseCitation":"Visas Attracting a Subsequent Temporary Application Charge Amendment Instrument 2016/120","evidencePassage":"120 Schedule 1 – Amendments IMMI 16/098 – Visas Attracting a Subsequent Temporary Application Charge 2016/098. 1. Schedule 1, table. In the column titled “Streams within that subclass (if applicable)” and in the row beginning “408”. Omit “The whole Subclass”, substitute “The whole Subclass except where an applicant is in a class of persons specified by the Minister for the purposes of subparagraphs 1237(2)(a)(i), 1237(2)(a)(ii) and 1237(2)(a)(iii) of Schedule 1 to the Regulations.” Authorised Version F2016L01791 registered 23/11/2016 … IMMI 16/120 Commonwealth of Australia Migration Regulations 1994 VISAS ATTRACTING A SUBSEQUENT TEMPORARY APPLICATION CHARGE AMENDMENT INSTRUMENT 2016/120 (Paragraph 2.12C(5)(a)) I, PETER DUTTON, Minister for Immigration and Border Protection, acting under paragraph 2.12C(5)(a) of the Migration Regulations 1994, make the following instrument. Dated: 22 November 2016 Peter Dutton THE HON PETER DUTTON MP Minister for Immigration and Border Protection Authorised Version F2016L01791 registered 23/11/2016 IMMI 16/120 Part 1 – Preliminary 1. Name of Legislative Instrument This instrument is Visas Att … racting a Subsequent Temporary Application Charge Amendment Instrument 2016/120. 2. Commencement This instrument commences on the day after registration on the Federal Register of Legislation. 3. Authority This instrument is made under subregulations 2.12C(5)(a) of the Migration Regulations 1994. 4. Schedules Each instrument that is specified in a Schedule to this instrument is amended as set out in the applicable items in the Schedule concerned and any other item in the Schedule to this instrument has effect according to its terms. Authorised Version F2016L01791 registered 23/11/2016 IMMI 16/","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-au-qualifying-residence-exemption-20170101","countryCode":"AU","country":"Australia","title":"Qualifying residence exemption narrowed to referred-stay visa holders","policyEffect":"The qualifying residence exemption visa list under paragraph 7(6AA)(f) of the Social Security Act changed from subclasses 100, 110, 801, 814 and 852 in the 2015 determination to subclass 852 alone, effective 1 January 2017.","operativeDate":"2017-01-01","year":2017,"affectedGroup":"Holders of partner, interdependency and referred-stay visas specified by the replaced determination","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2016L01858/asmade/text","preciseCitation":"Social Security (Class of Visas – Qualifying Residence Exemption) Determination 2016; Social Security (Class of Visas—Qualifying Residence Exemption) Determination 2015","evidencePassage":"ecurity Act 1991. 4 Revocation The following instrument is revoked: Social Security (Class of Visas – Qualifying Residence Exemption) Determination 2015 5 Class of Visas For the purposes of paragraph 7(6AA)(f) of the Social Security Act 1991 the class of visas is Subclass 852 (Referred Stay (Permanent)). … ) Determination 2009 is revoked. 4 Class of visas For the purposes of paragraph 7(6AA)(f) of the Social Security Act 1991, classes of visas are: (a) Subclass 100 (Partner); (b) Subclass 110 (Interdependency); (c) Subclass 801 (Partner); (d) Subclass 814 (Interdependency); and (e) Subclass 852 (Referred Stay (Permanent)). … rding to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this instrument 1 January 2017. Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under paragraph 7(6AA)(f) of the Social S","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-au-student-pro-rata-evidence-20170321","countryCode":"AU","country":"Australia","title":"Proportional financial evidence for student and guardian stays under twelve months","policyEffect":"For student and student guardian visa applicants staying less than twelve months, the replacement instrument specifies pro rata living-cost evidence and, where applicable, pro rata schooling costs; it defines the calculation as the annual amount divided by 365 and multiplied by the intended number of days. It commenced on 21 March 2017, the day after registration.","operativeDate":"2017-03-21","year":2017,"affectedGroup":"Subclass 500 student and subclass 590 student guardian applicants and relevant dependants","materialConditionsAndExceptions":"Validated condition or limit: It commenced on 21 March 2017, the day after registration.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2017L00267/asmade/text","preciseCitation":"Evidence of Financial Capacity for Subclass 500 (Student) Visas and Subclass 590 (Student Guardian) Visas 2017/012; Migration Regulations 1994 - Specification of Evidence of Financial Capacity for Subclass 500 (Student) Visas and Subclass 590 (Student Guardian) Visas 2016/018 - IMMI 16/018","evidencePassage":"IMMI 17/012 Commonwealth of Australia Migration Regulations 1994 EVIDENCE OF FINANCIAL CAPACITY FOR SUBCLASS 500 (STUDENT) VISAS AND SUBCLASS 590 (STUDENT GUARDIAN) VISAS 2017/012 (Subclauses 500.214(4), 500.313(4) and 590.216(4)) I, DAVID WILDEN, Delegate of the Minister for Immigration and Border Protection, acting under subclauses 500.214(4), 500.313(4) and 590.216(4) of Schedule 2 to the Migration Regulations 1994 (the Regulations): 1. REVOKE Instrument IMMI 16/018 (F2016L00639), Evidence of Financial Capacity for Subclass 500 (Student) Visas and Subclass 590 (Student Guardian) Visas 2016/ … Instrument: a) if the applicant’s intended stay in Australia is for a period of 12 months or longer, the annual living costs and expenses amounts for the first 12 month period is: i. for a student—$19,830 AUD; ii. for a student guardian—$19,830 AUD; iii. for a spouse or de facto partner—$6,940 AUD; iv. for a dependent child—$2,970 AUD; or b) if the applicant’s intended stay in Australia is for a period that is less than 12 months, the living costs and expenses amount is the pro rata equivalent of the annual amounts specified in paragraph a) of this item. 6. SPECIFY the following evidence of fi … nancial capacity that satisfies the requirements specified in item 2, item 3 and item 4 of this Instrument: a) money deposit with a financial institution; b) loan with a financial institution; c) government loans; d) scholarship or financial support. 7. SPECIFY for the purposes of subclause 500.214(3) of Schedule 2 to the Regulations, for each Secondary Applicant who is a child of school-age, the evidence to be provided by the applicant of either: a) the annual minimum amount for schooling of $8000 per annum; or b) if the applicant’s intended stay in Australia is for a period that is less than … 12 months, 3 Authorised Version F2017L00267 registered 20/03/2017 IMMI 17/012 the amount specified for schooling is the pro rata equivalent of the annual amount specified in paragraph a) of this item; or c) enrolment in a course at a State or Territory government school where the fees have been waived and the applicant meeting the primary criteria is enrolled in a course as a: i. doctoral degree student; or ii. Foreign Affairs student; or iii. Defence student; or iv. Commonwealth sponsored student. 8. SPECIFY the following annual income amounts that satisfies the minimum requirements specifie … made. 10. In this Instrument, the pro rata equivalent of an annual amount is calculated by: a) dividing the annual amount by 365; and b) multiplying the resulting number by the number of days the applicant is intending to stay in Australia. 4 Authorised Version F2017L00267 registered 20/03/2017 IMMI 17/012 This Instrument, Evidence of Financial Capacity for Subclass 500 (Student) Visas and Subclass 590 (Student Guardian) Visas 2017/012, IMMI 17/012, commences on the day after it is registered on the Federal Register of Legislation. Dated: 17 March 2017 DAVID WILDEN Senior Executive Service, B … 018. 2. SPECIFY under subclause 500.214(4) of Schedule 2 to the Regulations and for the purposes of subclause 500.214(3) of Schedule 2 to the Regulations, that the applicant seeking to satisfy the primary criteria of a Subclass 500 (Student) visa (Primary Applicant) must give to the Minister evidence of financial capacity of the following requirements: a) sufficient funds to meet the following costs or expenses of the Primary Applicant, as specified in item 6 of this Instrument: i. travel expenses; and ii. living costs and expenses as specified in item 5 of this Instrument; and iii. course fee … epartment of Foreign Affairs and Trade; or f) for a Primary Applicant sponsored by the Department of Defence—a letter of support from the Department of Defence. 3. SPECIFY under subclause 500.313(4) of Schedule 2 to the Regulations and for the purposes of subclause 500.313(3) of Schedule 2 to the Regulations, that a Secondary Applicant must give to the Minister the evidence of financial capacity that corresponds with the circumstances applicable to the Secondary Applicant in the Schedule to this Instrument. 4. SPECIFY under subclause 590.216(4) of Schedule 2 to the Regulations and for the purp … oses of subclause 590.216(3) of Schedule 2 to the Regulations, that the applicant seeking to satisfy the primary criteria of a Subclass 590 (Primary Student Guardian Applicant) visa must give the Minister evidence of financial capacity of the following requirements: a) sufficient funds to meet the following costs or expenses of the applicant, as specified in item 6 of this Instrument: i. travel expenses; and ii. living costs and expenses as specified in item 5 of this Instrument; and b) sufficient funds to meet the following costs or expenses of the Primary Student Guardian Applicant as specif","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-3f4ec62d0d2d7916b740","countryCode":"AU","country":"Australia","title":"Creation of Subclass 189 Skilled - Independent (New Zealand Stream) and Lowering Points-Tested Age Ceiling","policyEffect":"Amends the Migration Regulations 1994 to create a new permanent visa stream under Subclass 189 for eligible New Zealand citizens holding Subclass 444 visas who meet residence and income thresholds, while lowering the maximum age threshold for points-tested Subclass 189 visa applicants to 45 years.","operativeDate":"2017-07-01","year":2017,"affectedGroup":"Skilled migrants and new zealand citizens","materialConditionsAndExceptions":"Validated condition or limit: Amends the Migration Regulations 1994 to create a new permanent visa stream under Subclass 189 for eligible New Zealand citizens holding Subclass 444 visas who meet residence and income thresholds, while lowering the maximum age threshold for points-tested Subclass 189 visa applicants to 45 years.","policyCategory":"Admission and residence","policyTool":"Points system / visa scheme adjustment","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/F2017L00549","preciseCitation":"Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017 (Select Legislative Instrument F2017L00549)","evidencePassage":". 2) Regulations 2017 OPC62658 - A Schedule 1—New permanent visa for New Zealand citizens and age requirement for points-tested Subclass 189 visas Migration Regulations 1994 1 Paragraph 2.26AC(2)(a) Omit “visa; or”, substitute “visa in the Points-tested stream; or”. 2 Subitems 1137(2) to (4) of Schedule 1 Repeal the subitems, substitute: Points-tested stream (2) Subitems (3) to (4C) set out the requirements for: (a) an applicant (a primary Points-tested applicant) seeking to satisfy the primary criteria for the grant of a Subclass 189 (Skilled—Independent) visa in the Points-tested stream; or … not for a Subclass 485 (Temporary Graduate) visa 5 The applicant must not nominate the New Zealand stream (4C) The Minister may, by legislative instrument, specify skilled occupations for the purposes of item 4 of the table in subitem (4B). New Zealand stream (4D) Subitems (4E) to (4G) set out the requirements for: (a) an applicant (a primary NZ applicant) seeking to satisfy the primary criteria for the grant of a Subclass 189 (Skilled—Independent) visa in the New Zealand stream; orAuthorised Version F2017L00549 registered 19/05/2017 Schedule 1 New permanent visa for New Zealand citizens and … primary criteria $2,880 2 Applicant who was at least 18 at the time of the application, and satisfies the secondary criteria $1,440 3 Applicant who was under 18 at the time of the application, and satisfies the secondary criteria $720 (4G) Other: (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). (b) The applicant must not nominate the Points-tested stream. (c) A primary NZ applicant must hold a Subclass 444 (Special Category) visa. (d) A secondary applicant in Australia must … for New Zealand stream Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 189 visa in the New Zealand stream. 189.231 (1) The applicant had been usually resident in Australia for a continuous period of at least 5 years immediately before the date of the application. (2) That continuous period of usual residence in Australia started on or before 19 February 2016. 189.232 (1) The applicant has provided copies of notices of assessment, and of any notices of amended assessments, given to the applicant by the Commissioner of Taxation, of the applicant’s income tax liability in relation to the 4 most recently completed income years before the date of the application (during the period of 5 years immediately before that date). (2) The requirement in subclause (1) is satisfied in relation to a copy of a notice even if the copy does not include the applicant’s tax file number within the meaning of Part VA of the Income Tax Assessment Act 1936. 189.233 (1) For each of the 4 completed income years mentioned in subclause 189.232(1): (a) the applicant’s taxable income (within the meaning of the Income Tax Assessment Act 1997) is no less than the … minimum amount specified by the Minister for the year under subclause (2); or (b) the applicant:Authorised Version F2017L00549 registered 19/05/2017 Schedule 1 New permanent visa for New Zealand citizens and age requirement for points-tested Subclass 189 visas 8 Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017 OPC62658 - A (i) satisfies the Minister that he or she was a member of a class of exempt applicants specified by the Minister under subclause (2) during the whole, or a specified period, of that year; and (ii) provides evidence specified by the Minister under subclause","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-143060995a4a3d33664e","countryCode":"AU","country":"Australia","title":"Extension of Public Interest Criterion 4020 Fraud Exclusion Period (Regulations 2017 Measures No. 4)","policyEffect":"Amended Public Interest Criterion 4020 of the Migration Regulations 1994 to expand the lookback and exclusion period for providing false or misleading information from 12 months to 10 years, applying in relation to an application for a visa made on or after 18 November 2017.","operativeDate":"2017-11-18","year":2017,"affectedGroup":"Visa applicants","materialConditionsAndExceptions":"Validated condition or limit: Amended Public Interest Criterion 4020 of the Migration Regulations 1994 to expand the lookback and exclusion period for providing false or misleading information from 12 months to 10 years, applying in relation to an application for a visa made on or after 18 November 2017.","policyCategory":"Admission and residence","policyTool":"Integrity and fraud screening / exclusion bans","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2017L01425/asmade/2017-11-02/text/original/pdf","preciseCitation":"","evidencePassage":"111 Paragraph 4020(1)(b) of Schedule 4 Omit “in the period of 12 months”, substitute “, or applied for, in the period of 10 years”. … (1) The amendments of Schedules 1, 2 and 4 to these Regulations made by Schedule 2 to the Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017 apply in relation to an application for a visa made on or after 18 November 2017.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-e417992c5139b1b10cf7547e","countryCode":"AU","country":"Australia","title":"(a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged.","policyEffect":"(a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged. (b) for a nomination application lodged on or after 18 June 2018 – the 6 month period immediately before the nomination application form is lodged.","operativeDate":"2018-03-18","year":2018,"affectedGroup":"Nomination application for labour market testing","materialConditionsAndExceptions":"Recorded validated scope: Period for undertaking labour market testing.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2018L00293","preciseCitation":"","evidencePassage":"1958. 5 Schedules Each instrument that is specified in a Schedule to this instrument is repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2018L00293 registered 16/03/2018 2 Migration (IMMI 18/059: Period within which labour market testing is required to be undertaken) Instrument 2018. Part 2 – Period within which labour market testing is required to be undertaken 6 Period within which labour market testing is required to be undertaken For the purposes of paragraph 140GBA(3)(a) of the Act, the period within which labour market testing is required to be undertaken in relation to a nominated occupation is: (a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged. (b) for a nomination application lodged on or after 18 June 2018 – the 6 month period immediately before the nomination application form is lodged. Note: Subsection 140GBA(4A) of the Act establishes the requirements for labour market testing where there have been redundancies or retrenchments","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-1a6119e411d4f9c7ca5fff9d","countryCode":"AU","country":"Australia","title":"ANZSCO as defined in IMMI 18/051, as in force on 18 March 2018,","policyEffect":"ANZSCO as defined in IMMI 18/051, as in force on 18 March 2018,","operativeDate":"2018-03-18","year":2018,"affectedGroup":"Specified occupations exempt from labour market testing","materialConditionsAndExceptions":"Recorded validated scope: Reference to ANZSCO classification.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2018L00292","preciseCitation":"","evidencePassage":"instrument that is specified in a Schedule to this instrument is repealed or amended as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2018L00292 registered 16/03/2018 Migration (IMMI 18/062: Amendment of IMMI 13/137) Instrument 2018 2 Schedule 1—Amendments SPECIFICATION OF OCCUPATIONS EXEMPT FROM LABOUR MARKET TESTING - IMMI 13/137 (F2013L01952) 1 Section 1 After “ANZSCO” insert “as defined in IMMI 18/051, as in force on 18 March 2018,”. 2 Section 2 After “ANZSCO” insert “as defined in IMMI 18/051, as in force on 18 March 2018,”. 3 Section 3 Repeal the section.Authorised Version F2018L00292 registered 16/03/2018","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-cc9ec87210a52c1f59df","countryCode":"AU","country":"Australia","title":"Establishment of the Pacific Labour Scheme Stream in Subclass 403 Visa","policyEffect":"Created the Pacific Labour Scheme stream within the Subclass 403 (Temporary Work (International Relations)) visa, establishing eligibility, sponsorship, endorsement, and visa conditions for participants.","operativeDate":"2018-07-01","year":2018,"affectedGroup":"Applicants seeking to participate in the pacific labour scheme endorsed by foreign affairs","materialConditionsAndExceptions":"Validated condition or limit: Created the Pacific Labour Scheme stream within the Subclass 403 (Temporary Work (International Relations)) visa, establishing eligibility, sponsorship, endorsement, and visa conditions for participants.","policyCategory":"Work authorization","policyTool":"Bilateral temporary labour mobility stream","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2018L00829/asmade/2018-06-21/text/original/pdf","preciseCitation":"","evidencePassage":"After Subdivision 403.26 of Schedule 2 Insert: 403.27—Criteria for the Pacific Labour Scheme stream … The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Pacific Labour Scheme) Regulations 2018 apply in relation to visa applications made on or after 1 July 2018.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-f125f5918794b1197685","countryCode":"AU","country":"Australia","title":"Increase of Points-Tested General Skilled Migration Pass Mark to 65 Points","policyEffect":"Increased the minimum pass mark from 60 points to 65 points for General Skilled Migration visa subclasses (Subclass 189 Skilled Independent, Subclass 190 Skilled Nominated, and Subclass 489 Skilled Regional Provisional).","operativeDate":"2018-07-01","year":2018,"affectedGroup":"Points-tested skilled visa applicants","materialConditionsAndExceptions":"Validated condition or limit: Increased the minimum pass mark from 60 points to 65 points for General Skilled Migration visa subclasses (Subclass 189 Skilled Independent, Subclass 190 Skilled Nominated, and Subclass 489 Skilled Regional Provisional).","policyCategory":"Admission","policyTool":"Points test threshold adjustment","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/F2018L00920","preciseCitation":"Migration (IMMI 18/067: Pool and Pass Marks for General Skilled Migration Visas) Instrument 2018 (F2018L00920), Federal Register of Legislation.","evidencePassage":"marks in relation to general skilled migration visas 6 Pool and pass marks—post-1 July 2018 invitations to apply (1) For the purposes of the Act and Regulations, the pool mark in relation to a general skilled migration visa is 65 points. (2) For the purposes of the Act and Regulations, the pass mark in relation to applications for a general skilled migration visa is 65 points. 7 Pool and pass marks—pre-1 July 2018 invitations to apply (1) For the purposes of the Act and Regulations, the pool mark in relation to a general skilled migration visa is 60 points. (2) For the purposes of the Act and Regulations","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ee82f281d12830621ed3","countryCode":"AU","country":"Australia","title":"Implementation of Skilling Australians Fund (SAF) Nomination Training Contribution Charge","policyEffect":"Imposed the statutory Skilling Australians Fund (SAF) levy on employer nominations under Subclass 482 (TSS), Subclass 186 (ENS), and Subclass 187 (RSMS), replacing the former training benchmark expenditure requirements with a mandatory upfront government charge.","operativeDate":"2018-08-12","year":2018,"affectedGroup":"Sponsoring employers and skilled temporary/permanent sponsored migrants","materialConditionsAndExceptions":"","policyCategory":"Work authorization","policyTool":"Employer sponsorship levy","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/F2018L01093","preciseCitation":"Migration Amendment (Skilling Australians Fund) Regulations 2018 (F2018L01093), Federal Register of Legislation.","evidencePassage":"applied to be, a temporary activities sponsor; and 14 Subregulation 2.72A(3) Repeal the subregulation, substitute: (3) The Minister is satisfied that the sponsor is a temporary activities sponsor. 15 Subregulation 2.72B(1) After “a nomination by”, insert “a person who is, or who has applied to be,”. 16 After subregulation 2.73(5) Insert: (5A) The nomination must be accompanied by any nomination training contribution charge the person is liable to pay in relation to the nomination. 17 Subparagraph 2.73(9)(b)(i) After “work agreement”, insert “or negotiations for a work agreement”. 18 At the end of … turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for nominations in relation to which the person is liable for nomination training contribution charge. 32 Subparagraphs 2.87(1A)(a)(iiia) and (b)(iiia) and (1B)(a)(iiia) and (b)(iiia) After “2.73A(3)”, insert “or nomination training contribution charge”. 33 Regulation 2.87B Repeal the regulation. 34 Paragraph 4.02(5)(c) Omit “approved sponsor”, substitute “person”. 35 After paragraph 5.19(2)(f) Insert: (fa) be accompanied by any nomination training contribution charge the nominator is liable to … pay in relation to the nomination; and (fb) identify the annual turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for the nomination; and 36 After paragraph 5.19(4)(d) Insert: (da) any debt due by the nominator as mentioned in section 140ZO of the Act (recovery of nomination training contribution charge and late payment penalty) has been paid in full; 37 Paragraph 5.19(5)(i) Repeal the paragraph. 38 Paragraph 5.19(10)(b) Omit “instrument;”, substitute “instrument.”. 39 Paragraph 5.19(10)(c) Repeal the paragraph. 40 Subregulation 5.36(4) (after … being paid was paid in another currency, in that other currency. 42 After Division 5.7 of Part 5 Insert: Division 5.7A—Nomination training contribution charge 5.42 Nominations that attract nomination training contribution charge (1) For the purposes of subsection 140ZM(1) of the Act, a nomination of a proposed occupation under paragraph 140GB(1)(b) of the Act in relation to any of the following is prescribed: (a) a holder of a Subclass 457 (Temporary Work (Skilled)) visa; (b) a holder of a Subclass 482 (Temporary Skill Shortage) visa; (c) an applicant or a proposed applicant for a Subclass 482 … (Temporary Skill Shortage) visa. (2) For the purposes of paragraph 140ZM(2)(a) of the Act, the following kinds of visas are prescribed: (a) Subclass 186 (Employer Nomination Scheme) visas; (b) Subclass 187 (Regional Sponsored Migration Scheme) visas. (3) For the purposes of paragraph 140ZM(2)(b) of the Act, nominations under regulation 5.19 are prescribed.Authorised Version F2018L01093 registered 06/08/2018 Skilling Australians Fund Schedule 1 Migration Amendment (Skilling Australians Fund) Regulations 2018 9 OPC63282 - A 43 In the appropriate position in Schedule 13 Insert: Part 76—Amendments … made by the Migration Amendment (Skilling Australians Fund) Regulations 2018 7601 Definitions In this Part: amending regulations means the Migration Amendment (Skilling Australians Fund) Regulations 2018. commencement day means 12 August 2018. 7602 Operation of amendments (1) Subregulation 2.72(10A), as inserted by the amending regulations, applies in relation to a nomination made on or after 18 March 2018 that is not finally determined before the commencement day. (2) The amendments of subregulation 2.72(16) made by the amending regulations apply in relation to a nomination made on or after","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-c8c3a6d68e3e197fe1f3","countryCode":"AU","country":"Australia","title":"Establishment of Permanent Residence Pathway for Long-Term Temporary Retirees","policyEffect":"Created an onshore permanent residency pathway for long-standing temporary retirees holding Subclass 405 (Investor Retirement) or Subclass 410 (Retirement) visas through dedicated access to Parent (Subclass 103) and Contributory Parent (Subclass 143) visa categories.","operativeDate":"2018-11-17","year":2018,"affectedGroup":"Long-term resident temporary retiree visa holders","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"Permanent residence pathway concession","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2018L01472/asmade/2018-10-25/text/original/pdf","preciseCitation":"","evidencePassage":"An applicant who is seeking to satisfy the primary criteria set out in clause 103.214 of Schedule 2 for a Subclass 103 (Parent) visa must: (i) be in Australia, but not in immigration clearance; and (ii) meet the requirements of subitem (3A). … An applicant who is seeking to satisfy the primary criteria set out in clause 143.214 of Schedule 2 for a Subclass 143 (Contributory Parent) visa must: (i) be in Australia, but not in immigration clearance; and (ii) meet the requirements of subitem (3A).","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-65c8aefc270ad4a24913","countryCode":"AU","country":"Australia","title":"Introduction of Seamless Traveller Contactless Border Clearance Regulations","policyEffect":"Amended border clearance regulations to remove the strict legal requirement to present a physical passport at automated SmartGates where identity can be established electronically via facial recognition and stored passenger travel credentials.","operativeDate":"2018-11-17","year":2018,"affectedGroup":"International travellers arriving in and departing australia","materialConditionsAndExceptions":"Validated condition or limit: Amended border clearance regulations to remove the strict legal requirement to present a physical passport at automated SmartGates where identity can be established electronically via facial recognition and stored passenger travel credentials.","policyCategory":"Border controls","policyTool":"Biometric border automation rule","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/F2018L01538","preciseCitation":"Migration Amendment (Seamless Traveller) Regulations 2018 (F2018L01538), Federal Register of Legislation.","evidencePassage":"in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2018L01538 registered 05/11/2018 Schedule 1 Amendments 2 Migration Amendment (Seamless Traveller) Regulations 2018 OPC63311 - A Schedule 1—Amendments Migration Regulations 1994 1 Before subregulation 3.03(1) Insert: (1A) For the purposes of subparagraph 166(1)(a)(i) of the Act, an image of a person’s face and shoulders is prescribed as other evidence of the person’s identity and Australian citizenship. 2 Subregulation 3.03(1) (note) Repeal … the note. 3 Before subregulation 3.03(2) Insert: (2A) For the purposes of subsection 166(3) of the Act, a person who seeks to comply with subparagraph 166(1)(a)(i) of the Act by presenting an image of the person’s face and shoulders must do so by presenting themselves to an authorised system. 4 Paragraph 3.03(3)(a) Repeal the paragraph, substitute: (a) if the non-citizen is taken to hold a special purpose visa—provide a completed passenger card to a clearance officer if required by Part 1 of Schedule 9 and present: (i) the non-citizen’s passport to an authorised system; or (ii) an image of the … non-citizen’s face and shoulders by presenting themselves to an authorised system; or (iii) evidence of the non-citizen’s identity, as specified in that Part, to a clearance officer; and 5 Subparagraph 3.03(3)(b)(i) After “present”, insert “an image of the non-citizen’s face and shoulders by presenting themselves to an authorised system or present”. 6 Subparagraphs 3.03(3)(d)(i), (e)(i), (ea)(i), (f)(i), (fa)(i) and (g)(i) Omit “present evidence of the person’s”, substitute “present an image of the non-citizen’s face and shoulders by presenting themselves to an authorised system or present evidence of the non-citizen’s”. 7 Subregulation 3.03(4) Repeal the subregulation, substitute: (4) For the purposes of subsection 166(3) of the Act, a non-citizen who is required to comply with section 166 of the Act (other than a non-citizen mentioned in subregulation (3)) must: (a) present: (i) an image of the non-citizen’s face and shoulders by presenting themselves to an authorised system; orAuthorised Version F2018L01538 registered 05/11/2018 Amendments Schedule 1 Migration Amendment (Seamless Traveller) Regulations 2018 3 OPC63311 - A (ii) the non-citizen’s passport to a clearance authority; and (b) if the non-citizen’s visa is evidenced by a label and a clearance officer asks for the label to be shown—present the label to a clearance officer; and (c) provide a completed passenger card to a clearance officer. (5) In this regulation: authorised system means an automated system that is an authorised system for the purposes of section 166 of the Act. 8 Subregulation 3.09(1) Insert: authorised system means an automated system that is an authorised system for the purposes of section 170 of the Act. 9 Subregulations 3.09(2) to (3) Repeal the subregulations, substitute: (2) For the purposes of paragraph 170(1)(a) of the Act, each of the following is prescribed as evidence of a person’s identity: (a) an image of the person’s face and shoulders; (b) a passport issued to the person that is in force and bears a photograph and the full name of the person; (c) a licence to drive a motor vehicle issued to the person under a law of the Commonwealth, or a State or Territory, that is in force and bears a photograph and the full name of the person; (d) a document issued to the person by: (i) the Commonwealth or a State or Territory; or (ii) a Commonwealth, State or Territory authority … Act by presenting an image of the person’s face and shoulders must do so by presenting themselves to an authorised system. 10 At the end of regulation 5.15A Add: (4) For the purposes of paragraph 32(2)(c) of the Act, a declared class of persons for whom a visa of another class would be inappropriate is New Zealand citizens: (a) who hold a New Zealand passport that: (i) is in force; and (ii) is of a kind determined under section 175A of the Act to be an eligible passport for the purposes of Division 5 of Part 2 of the Act; andAuthorised Version F2018L01538 registered 05/11/2018 Schedule 1 Amendments 4 Migration Amendment (Seamless Traveller) Regulations 2018 OPC63311 - A (b) who have presented an image of their face and shoulders by presenting themselves to an authorised system and who, as a result, have been satisfactorily identified; and (c) who are neither behaviour concern non-citizens nor health concern non-citizens. (5) In this regulation: authorised system means an automated system that is an authorised system for the purposes of section 32 of the Act. 11 Paragraph 1219(3)(b) of Schedule 1 Repeal the paragraph, substitute: (b) The applicant must present to an officer or a clearance authority a New Zealand passport held by the applicant that is in force unless: (i) the application is made using an authorised system; and (ii) the applicant holds a New Zealand passport that is in force; and (iii) for the purposes of being immigration cleared, the applicant presents an image of the applicant’s face and shoulders by presenting themselves to an authorised system and, as a result, the applicant is satisfactorily identified. 12 At the end of item 1219 of Schedule 1 Add: (5) In this item: authorised system means an automated system that is an authorised system for the purposes","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-8a03fd08c4116a70af02","countryCode":"AU","country":"Australia","title":"Medivac: statutory medical-transfer approval and review pathway","policyEffect":"From March 2, 2019, Schedule 6 of the Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 added a medical-transfer approval and review pathway alongside the existing section 198B temporary-transfer power. For the section 198E pathway, the person had to be a transitory person in a regional processing country when the section commenced, or born in a regional processing country. Two or more treating doctors had to notify the Secretary that the person needed medical or psychiatric assessment or treatment, was not receiving appropriate care there, and needed removal for appropriate care. Treating doctors could be registered or licensed in Australia or a regional processing country and could assess remotely or in person. The Minister had to decide personally within 72 hours of notification and approve unless transfer was reasonably considered medically unnecessary, reasonably suspected prejudicial to security, or the person had a statutory substantial criminal record and was reasonably believed to pose a serious risk of criminal conduct. Failure to decide in time meant deemed approval. A refusal on medical-necessity grounds went to the Independent Health Advice Panel for further assessment and recommendation within 72 hours; failure to recommend in time meant a deemed recommendation to approve. The Minister then had 24 hours to reconsider. If the panel recommended approval, refusal was limited to the security or criminal-risk grounds; failure to decide meant deemed approval. Following approval under section198E or198F, an officer had to bring the person to Australia as soon as practicable for temporary assessment or treatment. The Act also provided AAT review of section198E refusals other than those on security or criminal-risk grounds. Transfer did not itself confer a permanent visa: the statutory note required immigration detention until removal or a ministerial determination that detention was no longer required. This record concerns the medical-assessment pathway; the Act separately provided for legacy minors and accompanying family or recommended companions.","operativeDate":"2019-03-02","year":2019,"affectedGroup":"Relevant transitory persons needing medical or psychiatric assessment or treatment in australia","materialConditionsAndExceptions":"Validated condition or limit: The Minister had to decide personally within 72 hours of notification and approve unless transfer was reasonably considered medically unnecessary, reasonably suspected prejudicial to security, or the person had a statutory substantial criminal record and was reasonably believed to pose a serious risk of criminal conduct.; A refusal on medical-necessity grounds went to the Independent Health Advice Panel for further assessment and recommendation within 72 hours; If the panel recommended approval, refusal was limited to the security or criminal-risk grounds; Transfer did not itself confer a permanent visa: the statutory note required immigration detention until removal or a ministerial determination that detention was no longer required.","policyCategory":"Asylum, protection and detention","policyTool":"Medical transfer mechanism","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/C2019A00003/asmade/2019-03-01/text/original/epub/OEBPS/document_1/document_1.html","preciseCitation":"Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 — complete original Act","evidencePassage":"Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 No. 3, 2019 An Act to amend the law relating to migration, customs and passenger movement charge, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendments relating to removal Migration Act 1958 Schedule 2—Giving of documents Migration Act 1958 Schedule 3—Recoverable payments Customs Act 1901 Schedule 4—Passenger movement charge Passenger Movement Charge Collection Act 1978 Schedule 5—Minor amendments Customs Act 1901 Schedule 6—Transitory persons Migration Act 1958 Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 No. 3, 2019 An Act to amend the law relating to migration, customs and passenger movement charge, and for related purposes [ Assented to 1 March 2019 ] The Parliament of Australia enacts: 1 Short title This Act is the Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 . 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 1 March 2019 2. Schedule 1 The day after this Act receives the Royal Assent. 2 March 2019 3. Schedule 2 A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 1 September 2019 4. Schedule 3 The day after this Act receives the Royal Assent. 2 March 2019 5. Schedule 4 A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 1 September 2019 6. Schedule 5 The day after this Act receives the Royal Assent. 2 March 2019 7. Schedule 6 The day after this Act receives the Royal Assent . 2 March 2019 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1 — Amendments relating to removal Migration Act 1958 1 Paragraph 42(2A)(ca) Before “the non ‑ citizen”, insert “if”. 2 Paragraph 42(2A)(d) Repeal the paragraph, substitute: (d) if: (i) an … remove the non ‑ citizen under section 198 to another country was made but the removal was not completed; and (ii) the non ‑ citizen travels to Australia as a direct result of the removal not being completed; and (iii) the non ‑ citizen is a person who would, if in the migration zone, be an unlawful non ‑ citizen; or (da) if: (i) the non ‑ citizen has been removed under section 198 to another country but the non ‑ citizen does not enter the other country; and (ii) the non ‑ citizen travels to Australia as a direct result of not entering the other country; and (iii) the non ‑ citizen is a person who would, if in the migration zone, be an unlawful non ‑ citizen; or 3 After subsection 48(1A) Insert: (1B) If: (a) an attempt was made to remove a non ‑ citizen from the migration zone under section 198 but the removal was not completed; and (b) the non ‑ citizen is again in the migration zone as a result of travel to Australia that is covered by paragraph 42(2A)(d); then, for the purposes of this section (which applies only in respect of applications made while a non ‑ citizen is in the migration zone), the non ‑ citizen is taken to have been continuously in the migration zone despite the attempted removal. Note: Paragraph 42(2A)(d) relates to the travel of a non ‑ citizen to Australia after an attempt to remove the non ‑ citizen has been made under section 198. 4 Paragraph 48(2)(b) Omit “paragraph 42(2A)(d)”, substitute “paragraph 42(2A)(da)”. 5 Subsection 48(2) (note) Repeal the note, substitute: Note: Paragraphs 42(2A)(da) and (e) relate to the travel of a non ‑ citizen to Australia after the non ‑ citizen has been removed from Australia under section 198. 6 After subsection 48A(1AA) Insert: (1AB) If: (a) an attempt was made to remove a non ‑ citizen from the migration zone under section 198 but the removal was not completed; and (b) the non ‑ citizen is again in the migration zone as a result of travel to Australia that is covered by paragraph 42(2A)(d); then, for the purposes of this section, the non ‑ citizen is taken to have been continuously in the migration zone despite the attempted removal. Note: Paragraph 42(2A)(d) relates to the travel of a non ‑ citizen to Australia after an attempt to remove the non ‑ citizen has been made under section 198. 7 Paragraph 48A(1A)(b) Omit “paragraph 42(2A)(d)”, substitute “paragraph 42(2A)(da)”. 8 Subsection 48A(1A) (note) Repeal the note, substitute: Note: Paragraphs 42(2A)(da) and (e) relate to the travel of a non ‑ citizen to Australia after the non ‑ citizen has been removed from Australia under section 198. Schedule 2 — Giving of documents Migration Act 1958 1 Subsection 494B(1A) Omit “methods mentioned in subsections (4) and (5) to dispatch or transmit, as the case may be,”, substitute “method mentioned in subsection (4), (5) or (5A) to dispatch, transmit or make available”. 2 Subsection 494B(1A) (note) Omit “or (5)”, substitute “, (5) or (5A)”. 3 After subsection 494B(5) Insert: Making document ava","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-cad6c5ca14676dde3724","countryCode":"AU","country":"Australia","title":"Introduction of Third-Year Visa Extension for Working Holiday Makers","policyEffect":"Amended the Working Holiday (Subclass 417) and Work and Holiday (Subclass 462) visa schemes to allow holders of a second Working Holiday Maker visa to apply for a third-year visa if they complete at least six months of specified regional work.","operativeDate":"2019-07-01","year":2019,"affectedGroup":"Working holiday makers and agricultural/regional workers","materialConditionsAndExceptions":"Validated condition or limit: Amended the Working Holiday (Subclass 417) and Work and Holiday (Subclass 462) visa schemes to allow holders of a second Working Holiday Maker visa to apply for a third-year visa if they complete at least six months of specified regional work.","policyCategory":"Admission and work authorization","policyTool":"Temporary work visa extension","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/F2019L00196","preciseCitation":"Migration Amendment (Working Holiday Maker) Regulations 2019 (Select Legislative Instrument F2019L00196)","evidencePassage":"in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2019L00196 registered 25/02/2019 Schedule 1 Amendments 2 Migration Amendment (Working Holiday Maker) Regulations 2019 OPC63825 - A Schedule 1—Amendments Migration Regulations 1994 1 Subparagraph 1224A(3)(c)(ii) of Schedule 1 Before “the application”, insert “if the applicant has held only one Subclass 462 (Work and Holiday) visa in Australia—”. 2 Subparagraph 1224A(3)(c)(iii) of Schedule 1 Repeal the subparagraph, substitute: (iia) if the … applicant has held 2 Subclass 462 (Work and Holiday) visas in Australia—the application must be accompanied by a declaration by the applicant that: (A) the applicant has carried out specified Subclass 462 work for a total period of at least 6 months; and (B) all of that work was carried out while the applicant held the second Subclass 462 (Work and Holiday) visa or while the applicant held a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 462 (Work and Holiday) visa (made at a time when the applicant held the first Subclass 462 (Work and Holiday) visa); and (C) all of that work was carried out on or after 1 July 2019; and (iii) the applicant has not held more than 2 Subclass 462 (Work and Holiday) visas in Australia (including any Subclass 462 (Work and Holiday) visa held by the applicant at the time of application); and 3 Paragraph 1225(3B)(c) of Schedule 1 Before “the application”, insert “if the applicant has held only one Subclass 417 (Working Holiday) visa in Australia—”. 4 Paragraph 1225(3B)(d) of Schedule 1 Repeal the paragraph, substitute: (ca) if the applicant has held 2 Subclass 417 (Working Holiday) visas in Australia—the application must be accompanied by a declaration by the applicant that: (i) the applicant has carried out specified work in regional Australia for a total period of at least 6 months; and (ii) all of that work was carried out while the applicant held the second Subclass 417 (Working Holiday) visa or while the applicant held a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 417 (Working Holiday) visa (made at a time when the applicant held the first Subclass 417 (Working Holiday) visa); and (iii) all of that work was carried out … on or after 1 July 2019; and (d) the applicant has not held more than 2 Subclass 417 (Working Holiday) visas in Australia (including any Subclass 417 (Working Holiday) visa held by the applicant at the time of application); andAuthorised Version F2019L00196 registered 25/02/2019 Amendments Schedule 1 Migration Amendment (Working Holiday Maker) Regulations 2019 3 OPC63825 - A 5 Subclause 417.211(1) of Schedule 2 Omit “and (5)”, substitute “, (5) and (6)”. 6 Subclause 417.211(5) of Schedule 2 Omit “is, or has previously been, in Australia as the holder of a Subclass 417 visa”, substitute “has held only one Subclass 417 visa in Australia”. 7 Paragraph 417.211(5)(a) of Schedule 2 Omit “(whether on a full-time, part-time or casual basis)”. 8 Paragraph 417.211(5)(b) of Schedule 2 Omit “, or is equivalent to, at least 3 months full-time work”, substitute “at least 3 months”. 9 At the end of clause 417.211 of Schedule 2 Add: (6) If the applicant has held 2 Subclass 417 visas in Australia, the Minister is satisfied that: (a) the applicant has carried out a period or periods of specified work in regional Australia; and (b) the total period of that work is at least 6 months; and (c) all of that work was carried out while the applicant held: (i) the second Subclass 417 visa; or (ii) a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 417 visa (made at a time when the applicant held the first Subclass 417 visa); and (d) all of that work was carried out on or after 1 July 2019; and (e) the applicant has been remunerated for that work in accordance with relevant Australian legislation and awards. 10 Paragraph 417.221(2)(a) of Schedule 2 Omit “and (5)”, substitute “, (5) and (6)”. 11 Paragraph 417.222(b) of Schedule 2 Repeal the paragraph, substitute: (b) the applicant has not held more than 2 Subclass 417 (Working Holiday) visas in Australia (including any Subclass 417 (Working Holiday) visa held by the applicant at the time of decision on the application). 12 Clause 462.211B of Schedule 2 Omit “and 462.218”, substitute “, 462.218 and 462.219”. 13 Clause 462.218 of Schedule 2 Omit “is, or has previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa”, substitute “has held only one Subclass 462 (Work and Holiday) visa in Australia”. 14 At the end of Subdivision 462.21 of Schedule 2 Add:Authorised Version F2019L00196 registered 25/02/2019 Schedule 1 Amendments 4 Migration Amendment (Working Holiday Maker) Regulations 2019 OPC63825 - A 462.219 If the applicant has held 2 Subclass 462 (Work and Holiday) visas in Australia, the Minister is satisfied that: (a) the applicant has carried out a period or periods of specified Subclass 462 work; and (b) the total period of that work is at least 6 months; and (c) all of that work was carried out while the applicant held: (i) the second Subclass 462 (Work and Holiday) visa; or (ii) a bridging visa that was in effect and was granted on the basis","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5e9d231c7664fa676523","countryCode":"AU","country":"Australia","title":"Sponsored Parent (Temporary) subclass 870 visa applications open","policyEffect":"Visa applications for the Sponsored Parent (Temporary) subclass 870 opened on July 1, 2019. The legal framework and sponsorship applications had commenced on April 17. Each visa applicant had to be at least 18, have an approved parent sponsor and normally apply offshore within six months of sponsorship approval; applying in Australia required ministerial permission. Applicants could not already hold an 870 visa. The route allowed stays of up to three or five years, with a five-year maximum per grant and ten years cumulatively. All applicants had to meet primary criteria, including sufficient funds, adequate health insurance, substantial compliance with previous visa conditions, a genuine temporary-stay intention, the applicable public-interest and special-return criteria, and payment or suitable arrangements for outstanding public-health debt. Previous 870 holders applying offshore normally needed 90 consecutive days outside Australia after the relevant departure, unless exceptional circumstances existed. Sponsors had to be adults, establish identity, consent to relevant information disclosure and be Australian citizens or qualifying permanent residents or eligible New Zealand citizens. The latter two groups required four years of usual residence immediately before applying, without unlawful status or bridging visas other than A, B or C during that period. Permitted parents included the sponsor’s parents and parents of a qualifying citizen, permanent-resident or eligible-New-Zealand-citizen spouse or de facto partner; a specific replacement-sponsorship provision covered certain parents or their partners after the death of the original sponsoring partner, subject to an application within 90 days and the parent still holding an 870 visa. Sponsors had to meet the prescribed taxable-income test, either alone or combined with income of their partner and/or one qualifying child of a specified sponsored parent; when combining income, the sponsor’s own income had to reach at least half the prescribed threshold. Conduct requirements included applicable police checks, adverse-information and previous sponsorship-compliance checks, with the stated reasonable-disregard discretion. Relevant public-health debts had to be paid or have appropriate payment arrangements, as did sponsors’ Commonwealth debts. A sponsor’s partner could not also be a parent sponsor and had to satisfy the applicable previous-compliance requirement. Normally no more than two parents could be specified, with tighter restrictions or ineligibility where previously sponsored parents remained in Australia after their visas ended without permanent visas. Sponsors assumed prescribed recordkeeping, reporting, financial/accommodation-support and public-health-debt obligations. Visa application charges totalled $5,000 for up to three years or $10,000 for longer stays up to five years; the second instalment was payable before grant, and the sponsorship application charge was $420. Visas carried conditions 8103, 8303, 8501, 8531, 8550 and 8564; work required written ministerial permission. The nominal expiry could be shortened after sponsorship cancellation, withdrawal or the sponsor’s death: cancellation ended the visa after 35 days; withdrawal or death allowed specified replacement-sponsorship windows of 35 or 90 days respectively, with further timing rules where replacement applications were refused and review pursued. This was a temporary route, with no secondary-applicant shortcut to the primary criteria.","operativeDate":"2019-07-01","year":2019,"affectedGroup":"Eligible adult parents sponsored by approved australian citizen, permanent resident or eligible new zealand citizen family sponsors","materialConditionsAndExceptions":"Validated condition or limit: Each visa applicant had to be at least 18, have an approved parent sponsor and normally apply offshore within six months of sponsorship approval; applying in Australia required ministerial permission.; The route allowed stays of up to three or five years, with a five-year maximum per grant and ten years cumulatively.; Previous 870 holders applying offshore normally needed 90 consecutive days outside Australia after the relevant departure, unless exceptional circumstances existed.; Sponsors had to be adults, establish identity, consent to relevant information disclosure and be Australian citizens or qualifying permanent residents or eligible New Zealand citizens.; The latter two groups required four years of usual residence immediately before applying, without unlawful status or bridging visas other than A, B or C during that period.; Permitted parents included the sponsor’s parents…","policyCategory":"Admission and family reunification","policyTool":"Temporary family visa","sourceName":"Federal Register of Legislation and Australian Government Embassy","sourceUrl":"https://www.legislation.gov.au/F2019L00551/asmade/2019-04-08/text/original/epub/OEBPS/document_1/document_1.html","preciseCitation":"Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations2019, F2019L00551; Australian Government Sponsored Parent visa opening notice","evidencePassage":"Sponsored Parent (Temporary) visa (Subclass 870) On 17 April 2019, sponsorship applications opened for parents wanting to temporarily visit their children and grandchildren in Australia. On 1 July 2019, the new Sponsored Parent (Temporary) (Subclass 870) visa applications opened. This visa allows the parent(s) of a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen (or their spouse or de facto partner’s parent(s)) to visit Australia for up to 3 or 5 years. The application process is sponsor-led, meaning there must be an approved Parent Sponsor before a visa application can be lodged. Visa applications must be lodged from outside Australia within six months of sponsorship approval, unless the visa applicant has permission to apply in Australia. Only two parents per household can be sponsored for this visa at a time. Sponsorship and visa applications are online only and processed in the Department’s Perth office. Sponsorship cost The sponsorship application charge is AUD420. Sponsor Eligibility Sponsors must meet certain criteria including:  a minimum household income threshold  a parent sponsor will also be required to meet certain sponsorship obligations. Visa eligibility Sponsored Parent (Temporary) visa applicants must meet certain criteria including:  be sponsored by a person who is an approved Parent Sponsor  be outside Australia to apply, unless approved with permission to apply in Australia Length of Stay The visa allows parents to stay in Australia temporarily for a period of up to three or five years at a time. Parents who have held Subclass 870 visas for the cumulative maximum 10 year period must either depart Australia or apply for another visa that will allow them to remain in Australia. Visa cost The visa application charge is:  AUD5,000 for a visa allowing up to 3 year stay, or,  AUD10,000 for a visa allowing up to 5 year stay. Conditions Conditions for the Subclass 870 visa are: 8103, 8303, 8501, 8531, 8550 and 8564. Please note the No Work condition:  No Work - Visa holders cannot work on this visa. Providing in home care for their own children and family is allowed; work/assistance for a family business or other work which would ordinarily be remunerated is not allowed. More information is available at www.homeaffairs.gov.au:  Commencement of the Sponsored Parent (Temporary) visa and,  Sponsored Parent (Temporary) visa (subclass 870) … Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations 2019 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor ‑ General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations. Dated 04 April 2019 Peter Cosgrove Governor ‑ General By His Excellency’s Command David Coleman Minister for Immigration, Citizenship and Multicultural Affairs Contents 1 Name 2 Commencement 3 Authority 4 Schedules Schedule 1—New family sponsorship framework … Regulations 1994 Schedule 2—Temporary sponsored parent visa Migration Regulations 1994 Schedule 3—Adequate arrangements for health insurance Migration Regulations 1994 1 Name This instrument is the Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations 2019 . 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered. 9 April 2019 2. Schedules 1 to 3 At the same time as Schedule 1 to the Migration Amendment (Family Violence and Other Measures) Act 2018 commences. 17 April 2019 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. Schedule 1 — New family sponsorship framework Migration Regulations 1994 1 Regulation 1.03 Insert: aged care service has the same meaning as in the Aged Care Act 1997 . approved provider has the same meaning as in the Aged Care Act 1997 . 2 Regulation 1.03 (paragraph (a) of the definition of entertainment sponsor ) After “approved”, insert “work”. 3 Regulation 1.03 (paragraph (b) of the definition of entertainment sponsor ) After “approved as a”, insert “work”. 4 Regulation 1.03 Insert: has an outstanding public health debt has the meaning given by regulation 1.15K. 5 Regulation 1.03 (paragraph (a) of the definition of long stay activity sponsor ) After “approved”, insert “work”. 6 Regulation 1.03 (paragraph (b) of the definition of long stay activity sponsor ) After “approved as a”, insert “work”. 7 Regulation 1.03 Insert: parent sponsor means a person who has been approved as a family sponsor in relation to the parent sponsor class under subsection 140E(1A) of the Act. 8 Regulation 1.03 (paragraph (a) of the definition of professional development sponsor ) After “approved”, insert “work”. 9 Regulation 1.03 (paragraph (b) of the definition of professional development sponsor ) After “approved as a”, insert “work”. 10 Regulation 1.03 (paragraph (a) of the definition of special program sponsor ) After “approved”, insert “work”. 11 Regulation 1.03 (paragraph (b) of the definition o","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-bd00dc6b3437a8e1896f","countryCode":"AU","country":"Australia","title":"Global Talent Independent program: targeted priority-processing launch","policyEffect":"On November 4, 2019, the Government launched the Global Talent Independent program, offering a fast-tracked permanent-residence process with dedicated departmental contacts and highest-priority processing for targeted highly skilled migrants. The launch targeted people likely to earn more than A$149,000 annually in Australia and highly skilled in AgTech, FinTech, MedTech, Cyber Security, Energy and Mining Technology, Space and Advanced Manufacturing, or Quantum Information/Advanced Digital/Data Science and ICT. The usual character, security and integrity checks continued to apply. Up to 5,000 places were to be offered in 2019–20. This records the targeted program and processing-priority launch, rather than asserting that the announcement alone granted residence or created a new statutory visa subclass.","operativeDate":"2019-11-04","year":2019,"affectedGroup":"Highly skilled migrants targeted by the global talent independent program","materialConditionsAndExceptions":"Validated condition or limit: Up to 5,000 places were to be offered in 2019–20.","policyCategory":"Admission and residence","policyTool":"Fast-track skilled migration pathway","sourceName":"Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs","sourceUrl":"https://minister.homeaffairs.gov.au/alantudge/Pages/global-talent-program-business.aspx","preciseCitation":"Official joint media release: Global Talent Program open for business,4November2019","evidencePassage":"Joint media release with the Hon Karen Andrews MP - Global Talent Program open for business Skip to navigation Skip to main content  Ministers for Home Affairs Open in a new tab Open in this tab Loading Menu  Menu pop-up content starts  Back Search Popular searches Your previous searches pop-up content ends  Monday, 04 November 2019 description Media release Joint media release with the Hon Karen Andrews MP - Global Talent Program open for business 18 April 2020 Page Content Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs David Coleman today launched the Global Talent - Independent Program, a major new initiative in Australia’s immigration strategy. Under the new program, highly skilled migrants in selected industries will receive a fasttracked process to permanent residency in Australia. Applicants will have a dedicated Home Affairs contact to guide them through the process, and applications will receive the highest priority processing. Applicants will be eligible for permanent residency if they are likely to earn more than $149,000 per year in Australia, and they are highly skilled in one of seven key industry sectors. The usual character, security and integrity checks will apply to all applicants. The seven industry sectors are AgTech, FinTech, MedTech, Cyber Security, Energy and Mining Technology, Space and Advanced Manufacturing, and Quantum Information/Advanced Digital/ Data Science and ICT. Global Talent Officers from the Department of Home Affairs have already been deployed in Berlin, Washington DC, Singapore, Shanghai, Santiago, and Dubai, and will have regional coverage. An officer has also started in New Delhi today, to further the reach of the program. “With this program, we are targeting the world’s most highly skilled migrants”, Mr Coleman said. “We want to position Australia at the forefront of major growth trends in the world economy. By enabling local businesses to access the world’s best talent, we will help to grow high growth industries in Australia.” “Over time, the Global Talent program has the potential to have a transformative impact on the Australian economy.” Minister for Industry, Science and Technology Karen Andrews said the Global Talent – Independent program will drive growth in the Australian technology industry and will also see local jobs created. “These high-growth sectors exist in truly global markets. For our domestic tech industry to grow, businesses need to be able to hire skilled Australian workers as well as access the capabilities of specialists from across the world,” Minister Andrews said. “We can create high-paying local jobs by making Australia a global technology hub and the Global Talent program is a signal to tech companies that we’re open for business.” Up to 5,000 places will be offered in the Global Talent - Independent program in 2019/20. More information about the program is available on the Department of Home Affairs website. pop-up content starts Need a hand? × Cancel pop-up content ends Clickbot chat_bubble Tell us what you think of this page Last updated: 18/04/2020 2:11 PM Print this page HOME AFFAIRS PORTFOLIO PARLIAMENT OF AUSTRALIA Information publication scheme Conditions of use Web privacy statement Accessibility of this website Access to information​ Back to top  Media Releases Transcripts ​​​​","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-96f9a3fcc69c9743e82f","countryCode":"AU","country":"Australia","title":"General Skilled Migration points: education, partner and regional nomination changes","policyEffect":"From November 16, 2019, the General Skilled Migration points test increased specialist educational qualification points from 5 to 10: the applicant had to qualify for an Australian research master’s or doctoral degree including at least two academic years at the institution in a specified field. Qualifying skilled-partner points rose from 5 to 10. That partner had to apply for the same subclass, not be an Australian citizen or permanent resident, be under 45 at invitation, and at invitation have competent English, nominate a specified skilled occupation and hold a suitable assessment for it other than a subclass 485 assessment. New partner-table alternatives awarded 10 points to applicants without a spouse or de facto partner, or with an Australian citizen or permanent-resident partner, and 5 points for a same-subclass applicant partner who was neither and had competent English at invitation. Only the highest qualifying points within the partner Part could be awarded; these alternatives did not stack. Regional nomination or sponsorship points rose from 10 to 15 and included subclass 491 alongside 489, requiring an invitation and either an unwithdrawn State or Territory nomination or accepted family sponsorship. The regional-study criterion was rewritten for designated regional areas and awarded 5 points, requiring the Australian study requirement, regional campus location and residence during study, and no distance education. The study requirement included eligible Australian qualifications from registered courses, at least 16 calendar months and two academic years of study, English instruction, and study in Australia on an authorising visa. These changes concerned the Schedule 6D test for points-tested subclass 189, 190, 489 and 491 applicants; they did not guarantee a visa.","operativeDate":"2019-11-16","year":2019,"affectedGroup":"Points-tested subclass 189, 190, 489 and 491 visa applicants","materialConditionsAndExceptions":"Validated condition or limit: From November 16, 2019, the General Skilled Migration points test increased specialist educational qualification points from 5 to 10: the applicant had to qualify for an Australian research master’s or doctoral degree including at least two academic years at the institution in a specified field.; Only the highest qualifying points within the partner Part could be awarded; The regional-study criterion was rewritten for designated regional areas and awarded 5 points, requiring the Australian study requirement, regional campus location and residence during study, and no distance education.; The study requirement included eligible Australian qualifications from registered courses, at least 16 calendar months and two academic years of study, English instruction, and study in Australia on an authorising visa.","policyCategory":"Skilled migration selection","policyTool":"Points-test qualification weights and partner alternatives","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2019L00578/asmade/2019-04-04/text/original/pdf","preciseCitation":"Migration Amendment (New Skilled Regional Visas) Regulations 2019, Schedule 1 items 36–43; Migration Regulations 1994 as at 16 November 2019, regulations 1.15F, 1.15M, 2.26AC and Schedule 6D.","evidencePassage":"relevant assessing authority for the applicant’s nominated skilled occupation had assessed the applicant’s skills as suitable for that occupation; and (b) the assessment was not for a Subclass 485 (Temporary Graduate) visa; and (c) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and (d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment. (2) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course. 491.215 At the time of invitation to apply for the visa, the applicant had competent English. 491.216 (1) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the score stated in the invitation to apply for the visa. (2) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the qualifying score for that Subdivision. Note: Subdivision B of Division 3 of Part 2 of the Act provides for the application of a points system under which applicants for relevant visas are given an assessed score based on a prescribed number of points for particular attributes, assessed against the relevant pool mark and pass mark: see sections 92 to 96 of the Act.Authorised Version F2019L00578 registered 08/04/2019 Schedule 1 Amendments relating to the Skilled Work Regional (Provisional) visa 10 Migration Amendment (New Skilled Regional Visas) Regulations 2019 OPC63741 - C The prescribed points and the manner of their allocation are provided for in Division 2.6 of Part 2, and Schedule 6D, of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument: see section 96 of the Act. 491.217 (1) If the applicant is nominated by a State or Territory government agency, the nomination has not been withdrawn. (2) If the applicant declared in the application that the applicant is sponsored by a person (the sponsor), the Minister has accepted the sponsorship of the applicant by the sponsor in the following circumstances: (a) the sponsor has turned 18; (b) the sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen; (c) the sponsor is usually resident in a designated regional area; (d) the sponsor is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 491 visa), as: (i) a parent; or (ii) a child or step-child; or (iii) a brother, sister, adoptive brother, adoptive sister, step-brother or step-sister; or (iv) an aunt, uncle, adoptive aunt, adoptive uncle, step-aunt or step-uncle; or (v) a nephew, niece, adoptive nephew, adoptive niece, … or step-niece; or (vi) a grandparent; or (vii) a first cousin; (e) each member of the family unit of the applicant who is also an applicant for a Subclass 491 visa is sponsored by the sponsor. 491.3—Secondary criteria Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application. 491.311 The applicant is a member of the family unit of a person who holds a Subclass 491 visa granted on the basis of satisfying the primary criteria for the grant of the visa. 491.312 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021. (2) If the applicant had turned 16 at the time of application, the applicant satisfies public interest criterion 4019.Authorised Version F2019L00578 registered 08/04/2019 Amendments relating to the Skilled Work Regional (Provisional) visa Schedule 1 Migration Amendment (New Skilled Regional Visas) Regulations 2019 11 OPC63741 - C (3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018. 491.313 The applicant satisfies special return criteria 5001, 5002 and 5010. 491.4—Circumstances applicable to grant 491.411 The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance. Note: The second instalment of visa application charge must be paid before the visa can be granted. 491.5—When visa is in effect 491.511 If the applicant satisfies the primary criteria for the grant of the visa, temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant. 491.512 If: (a) the applicant satisfies the secondary criteria for the grant of the visa; and (b) the applicant is a member of the family unit of a person (the primary visa holder) who holds a Subclass 491 visa granted on the basis of satisfying the primary criteria for the grant of that visa; temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant of the primary visa holder’s visa. 491.6—Conditions 491.611 If the applicant is outside Australia when the visa is granted: (a) first entry must be made before the date specified by the Minister; and (b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed. 491.612 Conditions 8578, 8579, 8580 and 8581 must be imposed. 30 Before paragraph 773.213(3)(t) of Schedule 2 Insert: (sb) Skilled Work Regional (Provisional) (Class PS);Authorised Version F2019L00578 registered 08/04/2019 Schedule 1 Amendments relating to the Skilled Work Regional (Provisional) visa 12 Migration Amendment (New Skilled Regional Visas) Regulations 2019 OPC63741 - C 31 At the end of paragraph 820.212(a) of Schedule 2 Add: (v) a Skilled Work Regional (Provisional) (Class PS) visa; or 32 At the end of paragraph 820.212(b) of Schedule 2 Add: or (v)","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-au-subclass-491-20191116","countryCode":"AU","country":"Australia","title":"Introduction of subclass 491 Skilled Work Regional (Provisional) visa","policyEffect":"From November 16, 2019, the Skilled Work Regional (Provisional) subclass 491 visa opened for invited skilled applicants nominated by a State or Territory or sponsored by an eligible regional relative. Primary applicants had to apply within their written invitation period, be under 45 at invitation and nominate an occupation specified both in the applicable instrument and the invitation. At invitation they needed a suitable skills assessment other than one for subclass 485: it had to remain within any specified validity period ending no more than three years after assessment, or otherwise be no more than three years old. An Australian qualification obtained on a student visa had to result from a registered course. Competent English at invitation and points at least equal to both the invitation score and qualifying score were required. The State or Territory nomination had to remain unwithdrawn, or the Minister had to accept sponsorship by a person aged 18 or older who was an Australian citizen, permanent resident or eligible New Zealand citizen usually resident in a designated regional area. A relative sponsor had to be a parent, child or step-child, sibling (including adoptive or step), aunt or uncle (including adoptive or step), nephew or niece (including adoptive or step), grandparent or first cousin of the applicant or an accompanying applicant spouse or de facto partner, and sponsor all applicant family-unit members. Applicants declared a genuine intention for themselves and applicant family members to live, work and study regionally. Primary and secondary applicants had to satisfy the specified public-interest and special-return criteria, with their age-dependent requirements and statutory exceptions. Non-applicant family members were subject to criteria 4001, 4002, 4003 and 4004 and health criterion 4005; only the latter assessment could be dispensed with where requiring it would be unreasonable. Family eligibility remained governed by the statutory family-unit definition. Applications and grants could occur inside or outside Australia, but not in immigration clearance; onshore applicants needed a substantive visa or bridging A, B or C visa. The primary visa lasted five years from grant; family visas ran to five years from the primary grant. While in Australia, holders had to live, work and study only in areas designated regional when the visa was granted. They had to notify residential, email, phone, passport and employment-address changes within 14 days, provide requested residential, employment and education-address evidence within 28 days, and attend an interview when requested in writing. Offshore grantees had a specified first-entry deadline; secondary applicants could also be required not to marry or enter a de facto relationship before entry. Prescribed application charges applied, including the second instalment before grant where applicable. For applications to subclasses 124, 132, 186, 188, 189, 190 and 858, the opening-day provisions imposed a three-year holding requirement where subclass 491 or 494 was the applicant’s current or last substantive visa, subject to instrument-specified exceptions. This component records introduction of subclass 491 and its attached constraints; it does not assert abolition of every subclass 489 pathway or commencement of subclass 191 in 2019.","operativeDate":"2019-11-16","year":2019,"affectedGroup":"Invited skilled applicants nominated by a state or territory or sponsored by eligible regional relatives, and accompanying family","materialConditionsAndExceptions":"Validated condition or limit: From November 16, 2019, the Skilled Work Regional (Provisional) subclass 491 visa opened for invited skilled applicants nominated by a State or Territory or sponsored by an eligible regional relative.; Primary applicants had to apply within their written invitation period, be under 45 at invitation and nominate an occupation specified both in the applicable instrument and the invitation.; At invitation they needed a suitable skills assessment other than one for subclass 485: it had to remain within any specified validity period ending no more than three years after assessment, or otherwise be no more than three years old.; Competent English at invitation and points at least equal to both the invitation score and qualifying score were required.; The State or Territory nomination had to remain unwithdrawn, or the Minister had to accept sponsorship by a person aged 18 or older who was…","policyCategory":"Admission, visas and residence","policyTool":"Points system & visa category reform","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2019L00578/asmade/2019-04-04/text/original/pdf","preciseCitation":"Migration Amendment (New Skilled Regional Visas) Regulations 2019 commencement table; Migration Regulations 1994, compilation F2019C00900 as at 16 November 2019, Schedule 1 item 1241, Schedule 2 subclass 491 and selected access restrictions, Schedules 4–5, Schedule 8 conditions 8515 and 8578–8581, regulations 1.12, 1.15C and 1.15M","evidencePassage":"OPC63741 - C Migration Amendment (New Skilled Regional Visas) Regulations 2019 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations. Dated 04 April 2019 Peter Cosgrove Governor-General By His Excellency’s Command David Coleman Minister for Immigration, Citizenship and Multicultural AffairsAuthorised Version F2019L00578 registered 08/04/2019 Authorised Version F2019L00578 registered 08/04/2019 Migration Amendment (New Skilled Regional Visas) Regulations 2019 i OPC63741 - C Contents 1 Name ........................................................................................................................... 1 2 Commencement .......................................................................................................... 1 3 Authority ..................................................................................................................... 1 4 Schedules .................................................................................................................... 1 Schedule 1—Amendments relating to the Skilled Work Regional (Provisional) visa 2 Migration Regulations 1994 2 Schedule 2—Amendments relating to the Skilled Employer Sponsored Regional (Provisional) visa 16 Migration Regulations 1994 16 Schedule 3—Amendments relating to the Permanent Residence (Skilled Regional) visa 48 Migration Regulations 1994 48Authorised Version F2019L00578 registered 08/04/2019 Authorised Version F2019L00578 registered 08/04/2019 Migration Amendment (New Skilled Regional Visas) Regulations 2019 1 OPC63741 - C 1 Name This instrument is the Migration Amendment (New Skilled Regional Visas) Regulations 2019. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered. 9 April 2019 2. Schedules 1 and 2 16 November 2019. 16 November 2019 3. Schedule 3 16 November 2022. 16 November 2022 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to … has effect according to its terms.Authorised Version F2019L00578 registered 08/04/2019 Schedule 1 Amendments relating to the Skilled Work Regional (Provisional) visa 2 Migration Amendment (New Skilled Regional Visas) Regulations 2019 OPC63741 - C … 1241 Skilled Work Regional (Provisional) (Class PS) (1) Form: The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5). (2) Visa application charge: (a) first instalment (payable at the time the application is made): First instalment Item Component Amount 1 Base application charge $4 045 2 Additional applicant charge for an applicant who is at least 18 $2 025 3 Additional applicant charge for an applicant who is less than 18 $1 010 Note 1: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non ‑ Internet application charge. Not all of the components may apply to a particular application. Note 2: Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application. (b) second instalment (payable before grant of visa): Second instalment Item Applicant Amount 1 Applicant who: (a) was at least 18 at the time of application; and (b) is assessed as not having functional English $4,890 2 Any other applicant Nil (3) Other: (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5). (b) An applicant may be in or outside Australia, but not in immigration clearance. (c) An applicant in Australia must hold: (i) a substantive visa; or (ii) a Subclass 010 (Bridging A) visa; or (iii) a Subclass 020 (Bridging B) visa; or (iv) a Subclass 030 (Bridging C) visa. (d) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled Work Regional (Provisional) (Class PS) visa may be made at the same time as, and combined with, an application by that person. (4) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 491 (Skilled Work Regional (Provisional)) visa must meet the requirements in the table. Requirements for applicants seeking to satisfy primary criteria Item Requirements 1 The applicant must have been invited, in writing, by the Minister to apply for the visa 2 The applicant must apply for that visa within the period stated in the invitation 3 The applicant must not have turned 45 at the time of the invitation to apply for the visa 4 The applicant must nominate a skilled occupation: (a) that is specified in an instrument under subitem (5) at the time of the invitation; and (b) that is specified in the invitation as the skilled occupation which the applicant may nominate; and (c) for which t","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-au-subclass-494-20191116","countryCode":"AU","country":"Australia","title":"Introduction of subclass 494 Skilled Employer Sponsored Regional (Provisional) visa","policyEffect":"From November 16, 2019, Schedule 2 introduced the Skilled Employer Sponsored Regional (Provisional) subclass 494 visa, with Employer Sponsored and Labour Agreement streams. Both required an approved, unexpired nomination by an approved work sponsor, a genuine intention to perform the nominated occupation and a genuine full-time regional position likely to exist for at least five years. An application could identify a pending nomination but grant required approval; the nominator could not be barred. The occupation had to be eligible under the applicable instrument or agreement, and relevant sponsorship charges and debts had to be addressed. Employer Sponsored applicants generally needed to be under 45, have competent English, at least three years of full-time employment in the nominated occupation at the required skill level, and a suitable non-subclass-485 skills assessment valid within its specified period if it ended no more than three years after assessment, or otherwise no more than three years old. Qualifying assessments connected with an existing subclass 457 or 482 visa could also satisfy the stated alternative, and instrument-specified exemptions applied to age, English, experience and assessment. Australian qualifications obtained on student visas had to be from registered courses. Unless an instrument-specified occupation exception applied, employment was in the sponsor or associated entity’s business under a signed written contract without an express bar on extension. Nomination requirements included applicable market-salary and income-threshold rules, with the high-earnings qualification and specified discretion, regional-body salary advice, no discriminatory recruitment, and employment conditions not less favourable than equivalent Australian workers, subject to the stated discretion. Labour Agreement applicants needed an authorised occupation and agreement, suitable English and skills, ordinarily three years in the occupation or related field unless reasonably disregarded, and age below 45 unless the agreement allowed older workers. Agreement requirements and nomination limits applied. Applicants and family members remained subject to specified public-interest and special-return criteria; the two streams used different health criteria, with the stated exception for assessing non-applicant family members. Adverse sponsor information and recent prohibited sponsorship-related conduct could be disregarded only as provided. Secondary applicants needed the required family relationship and inclusion in the nomination or written sponsor agreement. Onshore applicants needed a substantive visa or bridging A, B or C; applications and grants could be onshore or offshore but not in immigration clearance. Primary visas lasted five years from grant; family visas ended five years from the primary grant. Holders faced regional residence, work and study requirements tied to the relevant nomination, with timing rules when nominations changed, 14-day reporting of specified changes, 28-day responses to written address-evidence requests and attendance at requested interviews. Primary holders also had nominated-occupation and employer restrictions, with specified-occupation and industrial-notice exceptions; subject to the occupational-authorisation condition, work had to start within 90 days of arrival if granted offshore or grant if granted onshore, employment gaps could not exceed 90 consecutive days, and mandatory occupational authorisations had to be obtained within the same applicable 90-day period, maintained and complied with, with refusal or loss notified. Offshore grantees had a first-entry deadline; condition 8515 could apply to secondary applicants. Prescribed application charges and applicable second instalments remained payable, including the Minister of Religion exception to second instalments. The subclass 187 transition preserved the stated treatment for Temporary Residence Transition nominations involving transitional 457 or transitional 482 workers as at November 16, 2019; clause 8101 also specified withdrawal and training-charge refund rules for affected nominations. The separate subclass 191 permanent visa was not commenced by this 2019 component.","operativeDate":"2019-11-16","year":2019,"affectedGroup":"Regionally nominated skilled workers in employer sponsored or labour agreement streams, and accompanying family","materialConditionsAndExceptions":"Validated condition or limit: Both required an approved, unexpired nomination by an approved work sponsor, a genuine intention to perform the nominated occupation and a genuine full-time regional position likely to exist for at least five years.; An application could identify a pending nomination but grant required approval; The occupation had to be eligible under the applicable instrument or agreement, and relevant sponsorship charges and debts had to be addressed.; Employer Sponsored applicants generally needed to be under 45, have competent English, at least three years of full-time employment in the nominated occupation at the required skill level, and a suitable non-subclass-485 skills assessment valid within its specified period if it ended no more than three years after assessment, or otherwise no more than three years old.; Unless an instrument-specified occupation exception applied, employment was in the…","policyCategory":"Admission, visas and residence","policyTool":"Points system & visa category reform","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F1996B03551/2019-11-16/2019-11-16/text/original/epub/OEBPS/document_1/document_1.html","preciseCitation":"Migration Amendment (New Skilled Regional Visas) Regulations2019 section2; Migration Regulations1994 compilationF2019C00900 as in forceNovember16,2019: regulations2.72C/2.75B, Schedule1item1242, Schedule2Subclass494, Schedule4criteria4005/4007, Schedule8conditions8578–8581/8608 andSchedule13clause8101.","evidencePassage":"OPC63741 - C Migration Amendment (New Skilled Regional Visas) Regulations 2019 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations. Dated 04 April 2019 Peter Cosgrove Governor-General By His Excellency’s Command David Coleman Minister for Immigration, Citizenship and Multicultural AffairsAuthorised Version F2019L00578 registered 08/04/2019 Authorised Version F2019L00578 registered 08/04/2019 Migration Amendment (New Skilled Regional Visas) Regulations 2019 i OPC63741 - C Contents 1 Name ........................................................................................................................... 1 2 Commencement .......................................................................................................... 1 3 Authority ..................................................................................................................... 1 4 Schedules .................................................................................................................... 1 Schedule 1—Amendments relating to the Skilled Work Regional (Provisional) visa 2 Migration Regulations 1994 2 Schedule 2—Amendments relating to the Skilled Employer Sponsored Regional (Provisional) visa 16 Migration Regulations 1994 16 Schedule 3—Amendments relating to the Permanent Residence (Skilled Regional) visa 48 Migration Regulations 1994 48Authorised Version F2019L00578 registered 08/04/2019 Authorised Version F2019L00578 registered 08/04/2019 Migration Amendment (New Skilled Regional Visas) Regulations 2019 1 OPC63741 - C 1 Name This instrument is the Migration Amendment (New Skilled Regional Visas) Regulations 2019. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered. 9 April 2019 2. Schedules 1 and 2 16 November 2019. 16 November 2019 3. Schedule 3 16 November 2022. 16 November 2022 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to … has effect according to its terms.Authorised Version F2019L00578 registered 08/04/2019 Schedule 1 Amendments relating to the Skilled Work Regional (Provisional) visa 2 Migration Amendment (New Skilled Regional Visas) Regulations 2019 OPC63741 - C … 2.72C Criteria for approval of nomination—Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa Application of this regulation (1) This regulation applies in relation to a person who: (a) is any of the following: (i) a standard business sponsor; (ii) a person who has applied to be a standard business sponsor; (iii) a party to a work agreement (other than a Minister); (iv) a party to negotiations for a work agreement (other than a Minister); and (b) under paragraph 140GB(1)(b) of the Act, nominates a proposed occupation in relation to a holder of, or an applicant or proposed applicant for, a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa (the nominee ). (2) For the purposes of paragraph 140GB(2)(b) of the Act, the criteria set out in this regulation are prescribed. Note: In addition, subsection 140GB(2) of the Act requires the person to be an approved work sponsor and to have paid any nomination training contribution charge in relation to the nomination. General (3) The Minister is satisfied that the person made the nomination in accordance with the process set out in regulation 2.73B. (4) The Minister is satisfied that either: (a) there is no adverse information known to Immigration about the person or a person associated with the person; or (b) it is reasonable to disregard any adverse information known to Immigration about the person or a person associated with the person. (5) The Minister is satisfied that: (a) if the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream—the person is a standard business sponsor other than an overseas business sponsor; or (b) if the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream: (i) the person is a party to a work agreement (other than a Minister); and (ii) the work agreement authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa. (6) The Minister is satisfied that the position associated with the occupation is located at a place in a part of Australia that, when the nomination was made, was a designated regional area. Note: Regulation 1.03 provides that designated regional area has the meaning set out in regulation 1.15M. (7) The Minister is satisfied that any debt due by the person as mentioned in section 140ZO of the Act (recovery of nomination training contribution charge and late payment penalty) has been paid in full. Information to be provided as part of nomination (8) If the nominee holds a Subclas","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-au-medivac-repeal-20191205","countryCode":"AU","country":"Australia","title":"Medivac statutory transfer pathway repealed, with limited court-proceeding protection","policyEffect":"From December 5, 2019, the Migration Amendment (Repairing Medical Transfers) Act 2019 repealed the medical-transfer approval and review provisions added in March 2019, including sections 198C–198J and the Independent Health Advice Panel provisions. It also repealed subsection 198B(4), while leaving the underlying section 198B temporary-transfer power in place. The repeal removed the statutory two-doctor notification, ministerial decision deadlines and panel-review pathway; it was not a prohibition on every medical transfer under other powers. Amendments applied the existing removal and regional-processing return provisions to people brought to Australia under repealed section 198C, whether brought before, on or after commencement. This did not state that every transferee must immediately be returned regardless of the conditions of those provisions. The Act disapplied the general saving rule in section 7(2) of the Acts Interpretation Act 1901 for the repealed medical-transfer provisions. It expressly preserved rights or liabilities between parties to court proceedings where judgment was reserved at commencement or had been delivered before commencement, and the judgment set aside or declared invalid a decision under a medical-transfer provision. The repeal therefore did not contain a general preservation of all pending requests under the former pathway.","operativeDate":"2019-12-05","year":2019,"affectedGroup":"Transitory persons covered by the repealed medical-transfer provisions","materialConditionsAndExceptions":"Validated condition or limit: Amendments applied the existing removal and regional-processing return provisions to people brought to Australia under repealed section 198C, whether brought before, on or after commencement.; This did not state that every transferee must immediately be returned regardless of the conditions of those provisions.; It expressly preserved rights or liabilities between parties to court proceedings where judgment was reserved at commencement or had been delivered before commencement, and the judgment set aside or declared invalid a decision under a medical-transfer provision.","policyCategory":"Asylum, protection and detention","policyTool":"Repeal of medical-transfer approval and review pathway","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/C2019A00110/asmade/2019-12-04/text/original/epub/OEBPS/document_1/document_1.html","preciseCitation":"Migration Amendment (Repairing Medical Transfers) Act2019, commencement table and Schedule1, especially items9–15; Home Affairs Legislation Amendment (Miscellaneous Measures) Act2019 Schedule6","evidencePassage":"Migration Amendment (Repairing Medical Transfers) Act 2019 No. 110, 2019 An Act to amend the Migration Act 1958 , and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Repairing medical transfers Part 1—Amendments Migration Act 1958 Part 2—Application provisions etc. Migration Amendment (Repairing Medical Transfers) Act 2019 No. 110, 2019 An Act to amend the Migration Act 1958 , and for related purposes [ Assented to 4 December 2019 ] The Parliament of Australia enacts: 1 Short title This Act is the Migration Amendment (Repairing Medical Transfers) Act 2019 . 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 4 December 2019 2. Schedule 1 The day after this Act receives the Royal Assent. 5 December 2019 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1 — Repairing medical transfers Part 1 — Amendments Migration Act 1958 1 Subsection 5(1) Repeal the following definitions: (a) definition of legacy minor ; (b) definition of relevant transitory person ; (c) definition of treating doctor . 2 Paragraph 42(2A)(ca) Omit “or 198C”. 3 Subsection 198(1A) After “section 198B”, insert “or repealed section 198C”. 4 Subsection 198(1A) (note) Omit “Note:”, substitute “Note 1:”. 5 At the end of subsection 198(1A) Add: Note 2: Section 198C was repealed by the Migration Amendment (Repairing Medical Transfers) Act 2019 . It provided for certain transitory persons to be brought to Australia for a temporary purpose (including the temporary purpose of medical or psychiatric assessment or treatment). 6 Paragraph 198(1B)(a) After “section 198B”, insert “or repealed section 198C”. 7 Paragraph 198AH(1A)(a) After “section 198B”, insert “or repealed section 198C”. 8 At the end of subsection 198AH(1A) Add: Note: Section 198C was repealed by the Migration Amendment (Repairing Medical Transfers) Act 2019 . It provided for certain transitory persons to be brought to Australia for a temporary purpose (including the temporary purpose of medical or psychiatric assessment or treatment). 9 Subsection 198B(4) Repeal the subsection. 10 Sections 198C to 198J Repeal the sections. 11 Subdivision D of Division 8 of Part 2 Repeal the Subdivision. 12 Subsection 474(4) (table items 1A to 1D) Repeal the items. 13 Subsection 499(1) Omit “(other than the panel established under section 199A)”. Part 2 — Application provisions etc. 14 Application of amendments relating to removal etc. (1) The amendments of subsection 198(1A) and paragraph 198(1B)(a) of the Migration Act 1958 made by this Schedule apply in relation to an unlawful non ‑ citizen brought to Australia under repealed section 198C of that Act before, on or after the commencement of this item. (2) The amendment of paragraph 198AH(1A)(a) of the Migration Act 1958 made by this Schedule applies in relation to a transitory person brought to Australia under repealed section 198C of that Act before, on or after the commencement of this item. 15 Effect of repeal of medical transfer provisions (1) Subsection 7(2) of the Acts Interpretation Act 1901 does not apply in relation to the repeal by this Schedule of a medical transfer provision. (2) Despite subitem (1), the repeal by this Schedule of a medical transfer provision does not affect rights or liabilities arising between parties to proceedings in which: (a) judgment is reserved by a court as at the commencement of this item; or (b) judgment has been delivered by a court before the commencement of this item; and the judgment sets aside, or declares invalid, a decision made under a medical transfer provision. (3) In this item: medical transfer provision means any of the following provisions of the Migration Act 1958 : (a) subsection 198B(4); (b) sections 198C to 198J; (c) Subdivision D of Division 8 of Part 2; (d) items 1A to 1D of the table in subsection 474(4). [ Minister’s second reading speech made in— House of Representatives on 4 July 2019 Senate on 29 July 2019 ] (104/19)","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-b202325baa13cf15a453","countryCode":"AU","country":"Australia","title":"Australia adds South Korea to COVID-19 entry restrictions","policyEffect":"Foreign nationals (excluding permanent residents of Australia) who are in the Republic of Korea on or after 5 March 2020 are not allowed to enter Australia for 14 days from the time they have left or transited through the Republic of Korea. Australian citizens and permanent residents are still able to enter Australia, as are their immediate family members (spouses, legal guardians or dependants only), and they are required to self-isolate at home for 14 days from the day they left the Republic of Korea.","operativeDate":"2020-03-05","year":2020,"affectedGroup":"Foreign nationals who had been in or transited south korea during the preceding 14 days, excluding australian permanent residents","materialConditionsAndExceptions":"Validated condition or limit: Foreign nationals (excluding permanent residents of Australia) who are in the Republic of Korea on or after 5 March 2020 are not allowed to enter Australia for 14 days from the time they have left or transited through the Republic of Korea.; Australian citizens and permanent residents are still able to enter Australia, as are their immediate family members (spouses, legal guardians or dependants only), and they are required to self-isolate at home for 14 days from the day they left the Republic of Korea.","policyCategory":"Border control / entry requirements / ineligible travellers","policyTool":"Entry ban / travel restriction","sourceName":"Prime Minister of Australia / Department of the Prime Minister and Cabinet","sourceUrl":"https://pmtranscripts.pmc.gov.au/release/transcript-42707","preciseCitation":"Prime Minister of Australia / National Security Committee of Cabinet Statement (5 March 2020)","evidencePassage":"As of 5 March 2020: … Foreign nationals (excluding permanent residents of Australia) who are in the Republic of Korea on or after today will not be allowed to enter Australia for 14 days from the time they have left or transited through the Republic of Korea; … Australian citizens and permanent residents will still be able to enter Australia, as will their immediate family members (spouses, legal guardians or dependants only). They will be required to self-isolate at home for 14 days from the day they left the Republic of Korea.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-85c2930959d39fa034aa","countryCode":"AU","country":"Australia","title":"Australia introduces an outbound passenger travel prohibition with statutory and discretionary exemptions","policyEffect":"From 12 pm on March 25, 2020, Australian citizens and permanent residents were prohibited from leaving Australian territory as passengers on outgoing aircraft or vessels, and operators were prohibited from departing with them aboard, unless an exemption applied. General exemptions covered people ordinarily resident outside Australia; crew members or safety/maintenance workers associated with an aircraft or vessel other than the outgoing aircraft or vessel; people engaged in day-to-day inbound or outbound freight; travel associated with essential work at an offshore facility; and official government business, including Australian Defence Force members. An APS employee in the Australian Border Force could grant a written exemption to the citizen, permanent resident or operator in exceptional circumstances, demonstrated by a compelling reason for needing to leave Australian territory. This record describes the original determination’s prohibition and exemptions at commencement, not later amendments or its eventual termination.","operativeDate":"2020-03-25","year":2020,"affectedGroup":"Australian citizens and permanent residents departing as passengers, and outgoing aircraft and vessel operators","materialConditionsAndExceptions":"Validated condition or limit: From 12 pm on March 25, 2020, Australian citizens and permanent residents were prohibited from leaving Australian territory as passengers on outgoing aircraft or vessels, and operators were prohibited from departing with them aboard, unless an exemption applied.","policyCategory":"Outbound border restrictions","policyTool":"Passenger departure prohibition and exemptions","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2020L00306/asmade/2020-03-25/text/original/pdf","preciseCitation":"Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020, F2020L00306, sections 2 and 4–7, as made March 25, 2020.","evidencePassage":"Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 I, Greg Hunt, Minister for Health, make the following determination. Dated 25 March 2020 Greg Hunt Minister for Health OPC64532 - A Authorised Version F2020L00306 registered 25/03/2020 Contents Part 1—Preliminary 1 1 Name ........................................................................................................................... 1 2 Commencement .......................................................................................................... 1 3 Authority ..................................................................................................................... 1 4 Definitions .................................................................................................................. 1 Part 2—Requirements 3 5 Persons not to travel outside Australian territory after 12 pm, 25 March 2020 ........... 3 6 Exemptions—general .................................................................................................. 3 7 Exemptions—granted by an APS employee in the Australian Border Force .............. 3 Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic i Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 OPC64532 - A Authorised Version F2020L00306 registered 25/03/2020 Preliminary Part 1 Section 1 Part 1—Preliminary 1 Name This instrument is the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this 12 pm on 25 March 2020. 12 pm on 25 March 2020 instrument Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under subsection 477(1) of the Biosecurity Act 2015. 4 Definitions Note: A number of expressions used in this instrument are defined in the Biosecurity Act 2015, including the following: (a) Australian territory; (b) operator; (c) passenger. In this instrument: Australian Border Force has the same meaning as in the Australian Border Force Act 2015. Australian citizen has the same meaning as in the Australian Citizenship Act 2007. Australian Defence Force has the same meaning as in the Defence Act 1903. member has the same … as in the Defence Act 1903. Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic 1 Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 OPC64532 - A Authorised Version F2020L00306 registered 25/03/2020 Part 1 Preliminary Section 4 permanent resident has the same meaning as in the Australian Citizenship Act 2007. 2 Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 OPC64532 - A Authorised Version F2020L00306 registered 25/03/2020 Requirements Part 2 Section 5 Part 2—Requirements 5 Persons not to travel outside Australian territory after 12 pm, 25 March 2020 (1) An Australian citizen or permanent resident (the person) must not leave Australian territory as a passenger on an outgoing aircraft or vessel on or after the time this instrument commences unless: (a) an exemption set out in section 6 applies to the person; or (b) an exemption is granted to the operator of the aircraft or vessel or the person by an APS employee in the Australian Border Force under section 7. (2) An operator of an outgoing aircraft or vessel must not leave Australian territory on or after the time this instrument commences with any passenger who is an Australian citizen or permanent resident (the person) on board the aircraft or vessel unless: (a) an exemption set out in section 6 applies to the person; or (b) an exemption is granted to the operator or person by an APS employee in the Australian Border Force under section 7. 6 Exemptions—general An exemption from the requirements of section 5 applies to the following persons: (a) a person ordinarily resident in a country other than Australia; (b) a person who is member of the crew of an aircraft or vessel (other than the outgoing aircraft or vessel) or is a worker associated with the safety or maintenance of an aircraft or vessel (other than the outgoing aircraft or vessel); (c) a person engaged in the day-to-day conduct of inbound and outbound freight; (d) a person whose travel is associated with essential work at an offshore facility; (e) a person who is travelling on official government business (including a member of the Australian Defence Force). 7 Exemptions—granted by an APS employee in the Australian Border Force (1) In exceptional circumstances, an APS employee in the Australian Border Force may grant an exemption to: (a) an Australian citizen; or (b) a permanent resident; or (c) an operator of an outgoing aircraft or vessel. (2) For the purposes of subsection (1), exceptional circumstances are demonstrated by the Australian citizen, permanent resident or operator providing a compelling reason for needing to leave Australian territory. Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic 3 Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 OPC64532 - A Authorised Version F2020L00306 registered 25/03/2020 Part 2 Requirements Sec","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-860863ea1d71affefd46","countryCode":"AU","country":"Australia","title":"Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020","policyEffect":"Created the COVID-19 Pandemic event stream for the Subclass 408 (Temporary Activity) visa, allowing certain temporary visa holders to lawfully stay and work in Australia.","operativeDate":"2020-04-04","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"New pathway","sourceName":"Federal Register of Legislation","sourceUrl":"https://legislation.gov.au/Details/F2020L00409","preciseCitation":"Federal Register of Legislation. Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020.; Federal Register of Legislation, LIN 20/122 (F2020L00409); Parliamentary Library Bills Digest/Briefing (aph.gov.au)","evidencePassage":"06/04/2020 2 Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 Part 2—Event, class of persons and visa application charge 5 Event For paragraph 408.229(b) of Schedule 2 to the Regulations, the COVID-19 pandemic is specified. 6 Class of persons For paragraph 408.229(c) of Schedule 2 to the Regulations, an applicant for a Subclass 408 visa is in a class of persons in relation to the event specified in section 5 if, at the time of application, the applicant is: (a) in Australia; and (b) unable to depart Australia as a result of the COVID-19 pandemic; and (c) either: (i) the holder of a temporary visa that is 28 days or less from ceasing to be in effect; or (ii) was the holder of a temporary visa that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made; and (d) unable to make a valid application, or meet the Schedule 2 criteria, for: (i) a visa of the same Subclass as the visa mentioned in paragraph (c); or (ii) a temporary visa of any other Subclass other than a Subclass 408 visa. 7 Visa application charge The class of persons in section 6 is specified for the purposes of subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations. Note: Subparagraph 1237(2)(a)(i) provides that the first instalment amount of the visa application charge is nil for a person in a class of persons specified in a legislative instrument made for the purposes of that subparagraph.Authorised Version F2020L00409 registered 06/04/2020","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-7de8f3dc404547afd2ac","countryCode":"AU","country":"Australia","title":"Migration Amendment (Regulation of Migration Agents) Act 2020 (Administrative Refusal & Scope Provisions)","policyEffect":"Implemented operative administrative powers under Part 3 of the Migration Act 1958 enabling the Office of the Migration Agents Registration Authority (OMARA) to formally refuse an application for registration as a Registered Migration Agent if an applicant fails to provide requested information within the prescribed timeframe, and expanded the statutory definitions of providing immigration assistance and making immigration representations. Phase scope: Early administrative provisions; full dual-regulation deregulation for unrestricted legal practitioners was deferred to March 2021","operativeDate":"2020-08-11","year":2020,"affectedGroup":"Migration agent applicants and registered migration agents","materialConditionsAndExceptions":"Validated condition or limit: Implemented operative administrative powers under Part 3 of the Migration Act 1958 enabling the Office of the Migration Agents Registration Authority (OMARA) to formally refuse an application for registration as a Registered Migration Agent if an applicant fails to provide requested information within the prescribed timeframe, and expanded the statutory definitions of providing immigration assistance and making immigration representations.","policyCategory":"Migration advice industry / administrative procedures","policyTool":"Sanctions / adjudication requirements","sourceName":"mara.gov.au","sourceUrl":"https://mara.gov.au/notices-reports-subsite/Pages/news.aspx","preciseCitation":"Office of the Migration Agents Registration Authority Regulatory Update (14 August 2020)","evidencePassage":"to apply for repeat registration as a registered migration agent (RMA) from 12 months to three years. This schedule will commence at the same time. We will provide comprehensive advice to the industry in the lead up to the commencement of these provisions. On 11 August, some other measures of the Acts Pa​ckage came into force, including: removing redundant provisions in Part 3 of the Migration Act 1958, which governs RMAs. allowing the OMARA to refuse an application for registration as an RMA if the applicant does not provide requested information, instead of leaving the application unfinalised indefinitely. This change will improve the administrative efficiency of the OMARA. expansion of the definitions of immigration assistance and makes immigration representations for the purposes of Part 3 of the Migration Act 1958. These definitions now include assisting a person to make a representation to the Minister in relation to the revocation of a visa refusal or cancellation decision on character grounds under section 501C or 501CA. These amendments will deter those not registered as RMAs from assisting another person in making such representations to the Minister, and penalties will","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp-3c14293217b6d2959e5d","countryCode":"AU","country":"Australia","title":"Migration (LIN 20/182: Subclass 417 (Working Holiday) Visa — Specified Work and Places) Instrument 2020","policyEffect":"Enables Subclass 417 visa holders undertaking critical COVID-19 work in the healthcare and medical sectors anywhere in Australia after 31 January 2020 to count this work toward eligibility for a second or third Working Holiday visa.","operativeDate":"2020-08-19","year":2020,"affectedGroup":"Working holiday makers (subclass 417)","materialConditionsAndExceptions":"Validated condition or limit: Enables Subclass 417 visa holders undertaking critical COVID-19 work in the healthcare and medical sectors anywhere in Australia after 31 January 2020 to count this work toward eligibility for a second or third Working Holiday visa.","policyCategory":"Temporary employment / working holiday","policyTool":"Eligibility criteria","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/F2020L01033","preciseCitation":"Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020, LIN 20/182","evidencePassage":"ustralian Capital Territory All areas of the Australian Capital TerritoryAuthorised Version F2020L01033 registered 18/08/2020 7 Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020 9 Critical COVID-19 work in the healthcare and medical sectors (1) For the definition of specified work in subitem 1225(5) of Schedule 1 to the Regulations, critical COVID-19 work in the healthcare and medical sectors, carried out after 31 January 2020, including but not limited to work mentioned in paragraph (a) or (b), is specified: (a) medical treatment, nursing, c … ontact tracing, testing and research; (b) support services such as cleaning of medical and health care facilities and equipment. (2) For the definition of regional Australia in subitem 1225(5) of Schedule 1 to the Regulations, each place occupying any Australian postcode area is specified for the kinds of work specified in subsection (1).Authorised Version F2020L01033 registered 18/08/2020 … .................... 5 9 Critical COVID-19 work in the healthcare and medical sectors ............................................ 7Authorised Version F2020L01033 registered 18/08/2020 3 Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020 Part 1—Preliminary 1 Name (1) This instrument is titled Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020. (2) This instrument may be cited as LIN 20/182. 2 Commencement This instrument commences on the day after it is registered on the Federal Register of Le … gislation. 3 Authority This instrument is made for the definitions of regional Australia and specified work in subitem 1225(5) of Schedule 1 to the Regulations. 4 Definitions In this instrument: COVID-19 means the pandemic declared by the World Health Organization on 11 March 2020, caused by the coronavirus COVID-19. Regulations means the Migration Regulations 1994. Subclass 417 visa means a Subclass 417 (Working Holiday) visa. 5 Repeal This instrument repeals the Migration (LIN 20/103: Subclass 417 (Working Holiday) Visa—Regional Australia and Specified Work) Instrument 2020 (LIN 20/103) (F20 … 20L00224), in accordance with subsection 33(3) of the Acts Interpretation Act 1901. 6 Application (1) This instrument applies to an application for a Subclass 417 visa made on or after the commencement of this instrument. (2) Despite the repeal mentioned in section 5, LIN 20/103 continues to apply to an application for a Subclass 417 visa made but not finally determined immediately before the commencement of this instrument.Authorised Version F2020L01033 registered 18/08/2020 4 Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020 Part 2—Specifie … Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020 I, Michelle Pearce, as delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument. Dated: 18 August 2020 Michelle Pearce Acting Senior Executive Service Band One Immigration and Community Protection Policy Division Department of Home AffairsAuthorised Version F2020L01033 registered 18/08/2020 2 Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020 Contents Part 1—Preliminary 3 1 Name ..","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp3-2597c4c6261119eb8a17","countryCode":"AU","country":"Australia","title":"Migration (LIN 20/184: Subclass 462 (Work and Holiday) Visa — Specified Work and Areas) Instrument 2020","policyEffect":"Specifies critical COVID-19 healthcare and medical work carried out in any Australian postcode area after 31 January 2020 as specified work for Subclass 462 visa eligibility.","operativeDate":"2020-08-19","year":2020,"affectedGroup":"Work and holiday makers (subclass 462)","materialConditionsAndExceptions":"Validated condition or limit: Specifies critical COVID-19 healthcare and medical work carried out in any Australian postcode area after 31 January 2020 as specified work for Subclass 462 visa eligibility.","policyCategory":"Temporary employment / work and holiday","policyTool":"Eligibility criteria","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/F2020L01034","preciseCitation":"Migration (LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas) Instrument 2020, LIN 20/184","evidencePassage":"18/08/2020 Migration (LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas) Instrument 2020 5 (b) providing support services or assistance to people living, working or volunteering in the affected areas. (2) For regulation 1.15FA of the Regulations, for a State or Territory mentioned in an item in column 1 of table 3 in Schedule 4, the local government area mentioned in column 2 for the item is specified for the purposes of the definition of specified Subclass 462 work in regulation 1.03 of the Regulations for any kind of work specified in subsection (1). 11 Critical COV … ID-19 work in the healthcare and medical sectors (1) For regulation 1.15FA of the Regulations, critical COVID-19 work in the healthcare and medical sectors carried after 31 January 2020, including but not limited to work mentioned in paragraph (a) or (b), is specified for the purposes of the definition of specified Subclass 462 work in regulation 1.03 of the Regulations: (a) medical treatment, nursing, contact tracing, testing and research; (b) support services such as cleaning of medical and health care facilities and equipment. (2) For regulation 1.15FA of the Regulations, each area within a … visa – Specified work and areas) Instrument 2020 3 Part 1—Preliminary 1 Name (1) This instrument is titled Migration (LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas) Instrument 2020. (2) This instrument may be cited as LIN 20/184. 2 Commencement This instrument commences on the day after it is registered on the Federal Register of Legislation. 3 Authority This instrument is made under regulation 1.15FA of the Regulations. 4 Definitions Note: A number of expressions used in this instrument are defined in the Regulations, including ANZSCO and specified Subclass 462 w … ork. In this instrument: COVID-19 means the pandemic declared by the World Health Organization on 11 March 2020, caused by the coronavirus COVID-19. Regulations means the Migration Regulations 1994. Subclass 462 visa means Subclass 462 (Work and Holiday) visa. 5 Repeal This instrument repeals the Migration (LIN 20/104: Subclass 462 (Work and Holiday) Visa – Specified Areas of Australia and Kinds of Work) Instrument 2020 (LIN 20/104) (F2020L00223), in accordance with subsection 33(3) of the Acts Interpretation Act 1901. 6 Application (1) This instrument applies to an application for a Subclass … Migration (LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas) Instrument 2020 I, Michelle Pearce, as delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument. Dated 18 August 2020 Michelle Pearce Acting Senior Executive Service, Band One Immigration and Community Protection Policy Division Department of Home AffairsAuthorised Version F2020L01034 registered 18/08/2020 Migration (LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas) Instrument 2020 2 Contents Part 1—Preliminary 3 1 Nam","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-d25ff8d713528d18bd04","countryCode":"AU","country":"Australia","title":"Mandatory Jobactive Advertising for Employer-Sponsored Labour Market Testing","policyEffect":"Amends labour market testing (LMT) requirements for employer-sponsored skilled visas (Subclasses 457, 482, and 494) by mandating that nominated positions must be advertised on the Australian Government's Jobactive website in addition to standard testing requirements.","operativeDate":"2020-09-03","year":2020,"affectedGroup":"Employers / skilled temporary migrants","materialConditionsAndExceptions":"Validated condition or limit: Amends labour market testing (LMT) requirements for employer-sponsored skilled visas (Subclasses 457, 482, and 494) by mandating that nominated positions must be advertised on the Australian Government's Jobactive website in addition to standard testing requirements.","policyCategory":"Labour market","policyTool":"Labour market test","sourceName":"Federal Register of Legislation (Department of Home Affairs)","sourceUrl":"https://www.legislation.gov.au/Details/F2020L01115","preciseCitation":"Migration (LIN 20/156: Jobactive – Period, manner and evidence of labour market testing) Amendment Instrument 2020 (F2020L01115)","evidencePassage":"evidence of labour market testing) Amendment Instrument 2020 OPC64759 - C Schedule 1—Amendments Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 1 Section 4 Insert: Employment Department means the Department responsible for employment policy, including employment services. 2 Subsection 7(1) Omit “Under subsection 140GBA(5) and for”, substitute “For”. 3 Subsection 8(1) Omit “under subsection 140GBA(5) of the Act”, substitute “for the purposes of subsection 7(1)”. 4 Subsection 8(2) Omit “For the purposes of paragraph 140GBA(3)(aa) and subsection 140GBA(6) of the Act, the”, substitute “The”. 5 Subsection 8(3) Repeal the subsection, substitute: (3) The nominated position must be advertised: (a) on the Employment Department’s Jobactive website (http://www.jobactive.gov.au); and (b) in at least 2 advertisements on or in one or more of the following: (i) a recruitment website with national reach in Australia (other than the website mentioned in paragraph (a)); (ii) print media with national reach in Australia; (iii) radio with national reach in Australia; (iv) if the approved sponsor is an accredited sponsor—the approved sponsor’s website. (3A) … and evidence of labour market testing) Amendment Instrument 2020 apply in relation to a nomination for a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa that is made after the end of the period of 28 days beginning on the day that instrument commences. (2) Despite the amendments of section 8 made by Schedule 1 to the Migration (LIN 20/156: Jobactive - Period, manner and evidence of labour market testing)Authorised Version F2020L01123 registered 02/09/2020 Schedule 1 Amendments 4 … Migration (LIN 20/156: Jobactive - Period, manner and evidence of labour market testing) Amendment Instrument 2020 OPC64759 - C Amendment Instrument 2020, that section, as in force immediately before the commencement of that instrument, continues to apply in relation to a nomination for a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa that is made within the period of 28 days after that commencement.Authorised Version F2020L01123 registered 02/09/2020","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-eb0157f5767027b152f7","countryCode":"AU","country":"Australia","title":"Migration (LIN 20/229: COVID-19 Pandemic Event for Subclass 408 (Temporary Activity) Visa) Instrument 2020","policyEffect":"Expands the eligible class of persons for the nil-VAC Subclass 408 COVID-19 Pandemic Event visa to include individuals with relevant skills and qualifications undertaking or intending to undertake work in the aged care sector.","operativeDate":"2020-09-08","year":2020,"affectedGroup":"Aged care workers / temporary visa holders (subclass 408)","materialConditionsAndExceptions":"Validated condition or limit: Expands the eligible class of persons for the nil-VAC Subclass 408 COVID-19 Pandemic Event visa to include individuals with relevant skills and qualifications undertaking or intending to undertake work in the aged care sector.","policyCategory":"Temporary activity / covid-19 pandemic visa","policyTool":"Eligibility criteria and fee waiver","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/F2020L01145","preciseCitation":"LIN 20/229: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa, F2020L01145","evidencePassage":"F2020L01145 registered 07/09/2020 Migration (LIN 20/229: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 6 (i) the holder of a substantive temporary visa, which has a condition attached prohibiting the holder from working in Australia; or (ii) was the holder of a substantive temporary visa that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made; and (d) in receipt of an offer of employment from an approved provider or a service provider of a Commonwealth-funded aged care service to undertake work in the aged care sector. Note: Subparagraphs 8(1)(c)(ii) and 8(2)(c)(ii) above are in accordance with the requirements in Schedule 1 to the Regulations. Item 5 of the table under subitem 1237(3) of Schedule 1 to the Regulations sets out additional requirements for applicants who do not hold a substantive visa, which has the effect that an applicant who does not hold a substantive visa must have held a substantive visa that ceased to be in effect not more than 28 days before making an application. 9 Visa application charge The classes of persons mentioned in section 8 are specified for the purposes of subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations. Note: Subparagraph 1237(2)(a)(i) provides that the first instalment amount of the visa application charge is nil for an applicant in a class of persons specified in a legislative instrument made for the purposes of that subparagraph.Authorised Version F2020L01145 registered 07/09/2020","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-04dbdfe5687dbbbabd4c","countryCode":"AU","country":"Australia","title":"Implementation of Broad COVID-19 Concessions Across Visas","policyEffect":"Inserts a formal \"concession period\" definition starting retroactively on 1 February 2020 and enacts regulatory concessions across multiple visa subclasses (Subclass 887, 888, 188, 790, and 485). This includes allowing offshore lodgement/grant and reduced regional work/residence periods for Subclass 887, extending timeframes for business visas (188/888), and permitting offshore applications and grants for Temporary Graduate (Subclass 485) visas.","operativeDate":"2020-09-19","year":2020,"affectedGroup":"Students / skilled migrants","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"Other","sourceName":"Federal Register of Legislation (Commonwealth of Australia)","sourceUrl":"https://www.legislation.gov.au/Details/F2020L01181","preciseCitation":"Migration Amendment (COVID-19 Concessions) Regulations 2020 (F2020L01181)","evidencePassage":"............. 1 Schedule 1—Amendments 2 Part 1—COVID-19 concession period 2 Migration Regulations 1994 2 Part 2—Subclass 887 (Skilled—Regional) visas 3 Migration Regulations 1994 3 Part 3—Subclass 888 (Business Innovation and Investment (Permanent)) visas 6 Migration Regulations 1994 6 Part 4—Subclass 790 (Safe Haven Enterprise) visas 12 Migration Regulations 1994 12 Part 5—Subclass 485 (Temporary Graduate) visas 13 Migration Regulations 1994 13 Part 6—Application and transitional provisions 15 Migration Regulations 1994 15Authorised Version F2020L01181 registered 18/09/2020 Authorised Version … February 2020; and (b) ends on a day specified by the Minister under subregulation (2). (2) The Minister may, by legislative instrument, specify a day for the purposes of paragraph (1)(b). Later concession periods for the purposes of specified provisions (3) The Minister may, by legislative instrument, determine a period as a concession period for the purposes of a specified provision of these Regulations in which the expression “concession period” is used. (4) The period must not begin before the initial concession period ends.Authorised Version F2020L01181 registered 18/09/2020 Amendments Schedule … application during a concession period—may be in or outside Australia but not in immigration clearance; or (ii) if the applicant was the holder of a visa mentioned in any of subparagraphs (7)(a)(i) to (vi) and makes the application during a concession period—must be outside Australia; or (iii) if the applicant is seeking to satisfy the secondary criteria and claims to be a member of the family unit of an applicant to whom subparagraph (i) or (ii) applies—may be in or outside Australia but not in immigration clearance; orAuthorised Version F2020L01181 registered 18/09/2020 Schedule 1 Amendments Part 2 Subclass … (1) Subject to subclause (2), the”. 7 At the end of clause 887.212 of Schedule 2 Add: (2) For the purposes of working out the length of time the applicant has lived in a specified regional area, the applicant is taken to have lived in a specified regional area for a period of 6 months (or such longer period as the Minister specifies in a legislative instrument under subclause (3)) if the applicant: (a) was outside Australia during a concession period; and (b) made the application outside Australia during the concession period; andAuthorised Version F2020L01181 registered 18/09/2020 Amendments … Schedule 1 Subclass 887 (Skilled—Regional) visas Part 2 Migration Amendment (COVID-19 Concessions) Regulations 2020 5 OPC64801 - C (c) either: (i) is the holder of a visa mentioned in subclause (1); or (ii) was the holder of a visa mentioned in subclause (1) that expired during the concession period. (3) The Minister may, by legislative instrument, specify a longer period for the purposes of subclause (2). 8 Clause 887.213 of Schedule 2 Repeal the clause, substitute: 887.213 (1) The applicant must have worked full-time in a specified regional area: (a) for a total of at least one year as the holder of one or more of the visas mentioned in subclause 887.212(1); or (b) if subclause (2) applies—for a total of 9 months (or such shorter period as the Minister specifies for the purposes of this paragraph in a legislative instrument under subclause (3)) as the holder of one or more of the visas mentioned in subclause 887.212(1). (2) This subclause applies if the applicant held a visa mentioned in subclause 887.212(1) during a concession period and made the application no later than 3 months after the end of the concession period. (3) The Minister may, by legislative instrument, specify a … shorter period for the purposes of paragraph (1)(b). 9 Clause 887.411 of Schedule 2 Repeal the clause, substitute: 887.411 The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance. Note: The second instalment of the visa application charge must be paid before the visa can be granted.Authorised Version F2020L01181 registered 18/09/2020 Schedule 1 Amendments Part 3 Subclass 888 (Business Innovation and Investment (Permanent)) visas 6 Migration Amendment (COVID-19 Concessions) Regulations 2020 OPC64801 - C Part 3—Subclass 888 (Business Innovation and … (a) the visa expired during a concession period; (b) the application is made no more than 3 months after the end of the concession period 4 The applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa (the secondary visa) granted on the basis that the applicant was the spouse or de facto partner of a person who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Investor stream and both the following apply: (a) the secondary visa expired during a concession period; (b) the application is made no more than 3 months after the end of the concession periodAuthorised Version F2020L01181 registered 18/09/2020 Amendments Schedule 1 Subclass 888 (Business Innovation and Investment (Permanent)) visas Part 3 Migration Amendment (COVID-19 Concessions) Regulations 2020 7 OPC64801 - C 14 Subitem 1104BA(5A) of Schedule 1 (at the end of the table) Add: 3 The applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream or the Significant Investor Extension stream and both the following apply: (a) the visa expired during a concession period; (b) the application","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-983cfb714bf17679dfc0","countryCode":"AU","country":"Australia","title":"Extension of Prospective Marriage (Subclass 300) Visa Validity","policyEffect":"Provided visa validity extensions permitting the holder to travel to, enter and remain in Australia until 31 March 2022 for Subclass 300 visa holders who were in effect at any time during the period beginning on 6 October 2020 and ending on 10 December 2020 and who are outside Australia on 10 December 2020.","operativeDate":"2020-10-06","year":2020,"affectedGroup":"Subclass 300 visa holders","materialConditionsAndExceptions":"Validated condition or limit: Provided visa validity extensions permitting the holder to travel to, enter and remain in Australia until 31 March 2022 for Subclass 300 visa holders who were in effect at any time during the period beginning on 6 October 2020 and ending on 10 December 2020 and who are outside Australia on 10 December 2020.","policyCategory":"Family migration / partner & prospective marriage","policyTool":"Not stated","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2020L01577/asmade/2020-12-10/text/original/pdf","preciseCitation":"","evidencePassage":"1. The whole of this instrument 6 October 2020. 6 October 2020 … Despite clause 300.511, the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia until 31 March 2022 if: … (a) the visa was in effect at any time during the period beginning on 6 October 2020 and ending on 10 December 2020; and (b) the holder is outside Australia on 10 December 2020.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-86352381e0315c3ac065","countryCode":"AU","country":"Australia","title":"Subclass 189 (New Zealand Stream) Income Threshold & Exemptions","policyEffect":"Specified minimum taxable income amounts for the Subclass 189 (Skilled – Independent) New Zealand stream for the 2019-20 income year and prior years, and specified classes of exempt applicants along with required evidence.","operativeDate":"2020-12-11","year":2020,"affectedGroup":"Subclass 189 (skilled-independent) (new zealand stream) visa applicants","materialConditionsAndExceptions":"Validated condition or limit: Specified minimum taxable income amounts for the Subclass 189 (Skilled – Independent) New Zealand stream for the 2019-20 income year and prior years, and specified classes of exempt applicants along with required evidence.","policyCategory":"Permanent residence","policyTool":"Income threshold & exemption specification","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2020L01553/asmade/2020-12-01/text/original/pdf","preciseCitation":"","evidencePassage":"For paragraph 189.233(1)(a) of Schedule 2 to the Regulations, the minimum amount of income for an income year mentioned in column 1 for an item of the following table, is specified in column 2 for that item. … For subparagraph 189.233(1)(b)(i) of Schedule 2 to the Regulations, an applicant is a member of a class of exempt applicants if the applicant: (a) could not meet the income requirement for any period in the 5 years immediately before the date of application; and (b) is of a kind mentioned in an item in column 1 of the table in Schedule 1.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-6a31ab262c4d3491fe5a","countryCode":"AU","country":"Australia","title":"Facilitation of Onshore Grants for Certain Offshore Family Visas During COVID-19","policyEffect":"Amends the Migration Regulations 1994 to enable certain offshore family stream visa applicants (Subclasses 101, 102, 300, 309, and 445) who were in Australia during the concession period to be granted their visas onshore.","operativeDate":"2021-02-27","year":2021,"affectedGroup":"Offshore family stream visa applicants (subclasses 101 child, 102 adoption, 300 prospective marriage, 309 partner provisional, and 445 dependent child) who were outside australia when applying, were in australia during the concession period, and are in australia when the visa is granted","materialConditionsAndExceptions":"","policyCategory":"Family migration / concessions / administration","policyTool":"Border / visa procedural flexibilities","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2021L00136/asmade/2021-02-18/text/original/pdf","preciseCitation":"","evidencePassage":"The whole of this instrument 27 February 2021. … (2) This subclause applies to a visa if: (a) the visa is granted after 26 February 2021; and (b) the application for the visa was made before the end of the concession period described in subregulation 1.15N(1); and (c) the applicant for the visa: (i) was in Australia at any time during that concession period; and (ii) is in Australia, but not in immigration clearance, when the visa is granted. … 5 Clause 102.411 of Schedule 2 Repeal the clause, substitute: 102.411 (1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies. … 6 Clause 300.412 of Schedule 2 Repeal the clause, substitute: 300.412 (1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies. … 7 Clause 309.412 of Schedule 2 Repeal the clause, substitute: 309.412 (1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies. … 8 Clause 445.411 of Schedule 2 Repeal the clause, substitute: 445.411 (1) If the application is made outside Australia, the applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-08822c2ee671a06cbe82","countryCode":"AU","country":"Australia","title":"Determination of Maximum Grant Caps for Family Visas for FY2020–21","policyEffect":"Sets the statutory maximum granting caps under paragraph 85(1)(b) of the Migration Act 1958 for the 2020/2021 financial year ending 30 June 2021: a maximum of 3,600 Contributory Parent visas (with a maximum of 125 visas granted to applicants for the Contributory Parent (Migrant) (Class CA) visa seeking to satisfy either the primary criteria in clause 143.214 or the secondary criteria in clause 143.313 of Schedule 2 to the Regulations), a maximum of 900 Parent visas, and a maximum of 500 Other Family visas.","operativeDate":"2021-04-30","year":2021,"affectedGroup":"Contributory parent, parent, and other family visa applicants","materialConditionsAndExceptions":"Validated condition or limit: Sets the statutory maximum granting caps under paragraph 85(1)(b) of the Migration Act 1958 for the 2020/2021 financial year ending 30 June 2021: a maximum of 3,600 Contributory Parent visas (with a maximum of 125 visas granted to applicants for the Contributory Parent (Migrant) (Class CA) visa seeking to satisfy either the primary criteria in clause 143.214 or the secondary criteria in clause 143.313 of Schedule 2 to the Regulations), a maximum of 900 Parent visas, and a maximum of 500 Other Family visas.","policyCategory":"Family migration","policyTool":"Quotas / quantitative caps","sourceName":"Federal Register of Legislation / Department of Home Affairs","sourceUrl":"https://www.legislation.gov.au/F2021L00511/asmade/2021-04-13/text/original/pdf","preciseCitation":"Migration (Granting of contributory parent visas, parent visas and other family visas in the 2020/2021 financial year) Instrument (LIN 21/025) 2021 (F2021L00511).","evidencePassage":"I, Alex Hawke, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under paragraph 85(1)(b) of the Migration Act 1958. … 2 Commencement This instrument commences on the day after registration. … 4 Maximum number of visas—Contributory Parent visas (1) A maximum of 3,600 Contributory Parent visas may be granted in the financial year from 1 July 2020 to 30 June 2021. (2) Of the maximum number of Contributory Parent visas determined in subsection (1), a maximum of 125 visas may be granted to applicants for the Contributory Parent (Migrant) (Class CA) visa who are seeking to satisfy either: (a) the primary criteria set out in clause 143.214 of Schedule 2 to the Regulations; or (b) the secondary criteria set out in clause 143.313 of Schedule 2 to the Regulations. 5 Maximum number of visas—Parent visas A maximum of 900 Parent visas may be granted in the financial year from 1 July 2020 to 30 June 2021. 6 Maximum number of visas—Other Family visas A maximum of 500 Other Family visas may be granted in the financial year from 1 July 2020 to 30 June 2021.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-98633b3a72d1a5653edb","countryCode":"AU","country":"Australia","title":"Inclusion of Hospitality and Tourism into the COVID-19 Pandemic Event (Subclass 408) Visa","policyEffect":"Amends legislative instrument LIN 20/229 to expand the class of persons eligible for the nil-application-charge Subclass 408 (Temporary Activity) COVID-19 Pandemic Event stream to include individuals employed by, or holding an offer of employment from, an employer in the tourism and hospitality sector, and permits application if holding a substantive visa 90 days or less from expiring.","operativeDate":"2021-05-14","year":2021,"affectedGroup":"Temporary workers in tourism and hospitality","materialConditionsAndExceptions":"Validated condition or limit: Amends legislative instrument LIN 20/229 to expand the class of persons eligible for the nil-application-charge Subclass 408 (Temporary Activity) COVID-19 Pandemic Event stream to include individuals employed by, or holding an offer of employment from, an employer in the tourism and hospitality sector, and permits application if holding a substantive visa 90 days or less from expiring.","policyCategory":"Low-skilled / seasonal / temporary labor migration","policyTool":"Eligibility criteria / work rights","sourceName":"Federal Register of Legislation / Department of Home Affairs","sourceUrl":"https://www.legislation.gov.au/Details/F2021L00573","preciseCitation":"Migration (COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Amendment Instrument (No. 2) (LIN 21/038) 2021 (F2021L00573).","evidencePassage":"visa) Amendment Instrument (No. 2) (LIN 21/038) 2021. 2 Commencement This instrument commences on the day after it is registered on the Federal Register of Legislation. 3 Amendment Schedule 1 amends Migration (LIN 20/229: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class CG visa) Instrument 2020.Authorised Version F2021L00573 registered 13/05/2021 Migration (COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class CG) visa) Amendment Instrument (No. 2) (LIN 21/038) 2021 LIN 21/038 2 Schedule 1 Amendment (s.3) [1] After section 6A, in Part 1 insert 6B Application of amendments made by LIN 21/038 The amendments made by Migration (COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class CG) visa) Amendment Instrument (No. 2) (LIN 21/038) 2021 apply to the following applications for a visa: (a) an application made, but not finally determined, before the commencement of that instrument; (b) an application made on or after the commencement of that instrument. [2] Subparagraph 8(1)(c)(i) omit 28 days insert 90 days [3] Subparagraph 8(3)(c)(vi) substitute (vi) health care sector; or (vii) tourism and hospitality sector; andAuthorised Version F2021L00573 registered 13/05/2021","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-dda027444c4891395181","countryCode":"AU","country":"Australia","title":"Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Act No. 35, 2021)","policyEffect":"Amended section 197C and inserted section 36A into the Migration Act 1958 to clarify that mandatory statutory removal provisions do not authorise the removal of an unlawful non-citizen to a country in respect of which a valid protection finding has been made (codifying non-refoulement review mechanisms in response to Federal Court rulings).","operativeDate":"2021-05-25","year":2021,"affectedGroup":"Asylum seekers, refugees, unlawful non-citizens","materialConditionsAndExceptions":"","policyCategory":"Asylum, protection, removal, border control","policyTool":"Non-refoulement protection / removal bar","sourceName":"Parliament of Australia / Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/C2021A00035","preciseCitation":"Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Cth) (Act No. 35 of 2021); Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Cth), Act No. 35, 2021.; Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Act No. 36 of 2021).","evidencePassage":"Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.Authorised Version C2021A00035 Amendments Schedule 1 No. 35, 2021 Migration Amendment (Clarifying International Obligations for Removal) Act 2021 3 Schedule 1—Amendments Migration Act 1958 1 After section 36 Insert: 36A Consideration of protection obligations (1) In considering a valid application for a protection visa made by a non-citizen, the Minister must consider and make a record of … Migration Amendment (Clarifying International Obligations for Removal) Act 2021 No. 35, 2021 holder) who holds a protection visa of the same class as the visa the family applicant is applying for; and (b) the family applicant’s application for a protection visa was made before the family visa holder was granted their visa; and (c) the family visa holder is a non-citizen mentioned in paragraph 36(2)(a) or (aa). 2 Section 197C (heading) Repeal the heading, substitute: 197C Relevance of Australia’s non-refoulement obligations to removal of unlawful non-citizens under section 198 3 At the end of … section 197C Add: (3) Despite subsections (1) and (2), section 198 does not require or authorise an officer to remove an unlawful non-citizen to a country if: (a) the non-citizen has made a valid application for a protection visa that has been finally determined; and (b) in the course of considering the application, a protection finding within the meaning of subsection (4), (5), (6) or (7) was made for the non-citizen with respect to the country (whether or not the visa was refused or was granted and has since been cancelled); and (c) none of the following apply: (i) the decision in which the … protection finding was made has been quashed or set aside; (ii) a decision made under subsection 197D(2) in relation to the non-citizen is complete within the meaning of subsection 197D(6); (iii) the non-citizen has asked the Minister, in writing, to be removed to the country. (4) For the purposes of subsection (3), a protection finding is made for a non-citizen with respect to a country if a record was made in relation to the non-citizen under section 36A that the Minister isAuthorised Version C2021A00035 Amendments Schedule 1 No. 35, 2021 Migration Amendment (Clarifying International Obligations","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-b04dd53169e91dc7161cf5c0","countryCode":"AU","country":"Australia","title":"Form 1008 (Internet) is an approved form for a Bridging E (Class WE) visa if the applicant does not have another pending BVE application","policyEffect":"For a Bridging E (Class WE) visa, form 1008 (Internet) is also an approved form, subject to the condition that the applicant does not have another pending BVE application.","operativeDate":"2021-07-01","year":2021,"affectedGroup":"Applicants for a bridging e (class we) visa","materialConditionsAndExceptions":"Recorded validated scope: Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2021L00899/asmade/2021-06-22/text/original/pdf","preciseCitation":"","evidencePassage":"For a Bridging E (Class WE) visa, form 1008 (Internet) is also an approved form, if the applicant does not have another pending BVE application. … For subsection (4), an applicant has a pending BVE application if: (a) the applicant has made an application for Bridging E (Class WE) visa; and (b) the application has not been determined to be invalid, or withdrawn by the applicant; and (c) the Minister has neither granted nor refused to grant the Bridging E (Class WE) visa.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-07a4960532161db7b529","countryCode":"AU","country":"Australia","title":"Nil VAC Concession for COVID-19-Affected Working Holiday Makers (LIN 21/043)","policyEffect":"Introduces a nil Visa Application Charge (VAC) concession for applicants for a Subclass 417 (Working Holiday) visa or Subclass 462 (Work and Holiday) visa whose last held visa is a COVID-19 affected visa, provided they have not made a prior unfinalised or refused application for another visa of the same subclass with a nil VAC amount.","operativeDate":"2021-07-01","year":2021,"affectedGroup":"Applicants for a subclass 417 (working holiday) visa or subclass 462 (work and holiday) visa whose last held visa is a covid-19 affected visa","materialConditionsAndExceptions":"","policyCategory":"Temporary youth / work & holiday mobility","policyTool":"Not stated","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2021L00836/asmade/2021-06-22/text/original/pdf","preciseCitation":"","evidencePassage":"This section specifies a class of persons for whom the VAC amount is nil. … an applicant for a Subclass 417 (Working Holiday) visa is in the class of persons mentioned in subsection (1) if both of the following apply: (a) the applicant’s last held visa is a COVID-19 affected visa … the applicant has not made an application, for another Subclass 417 (Working Holiday) visa for which the VAC amount was nil, that: (i) is not finalised; or (ii) has been refused. … For subregulation 2.07(5) and subparagraph 1224A(2)(a)(i) of Schedule 1 to the Regulations, an applicant for a Subclass 462 (Work and Holiday) visa is in the class of persons mentioned in subsection (1) if both of the following apply: (a) the applicant’s last held visa is a COVID-19 affected visa; (b) the applicant has not made an application, for another Subclass 462 (Work and Holiday) visa for which the VAC amount was nil, that: (i) is not finalised; or (ii) has been refused.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b41ab7c16dc9d7bb68f8","countryCode":"AU","country":"Australia","title":"Addition of Pharmacist Occupations to the Priority Migration Skilled Occupation List (PMSOL)","policyEffect":"Expands the Priority Migration Skilled Occupation List by adding three pharmacist occupations—Hospital Pharmacist (ANZSCO 251511), Retail Pharmacist (ANZSCO 251513), and Industrial Pharmacist (ANZSCO 251512)—granting them fast-tracked employer-sponsored visa and nomination processing to bolster Australia's vaccine rollout.","operativeDate":"2021-07-27","year":2021,"affectedGroup":"Employer-sponsored skilled applicants in pharmacy occupations","materialConditionsAndExceptions":"","policyCategory":"Skilled labor migration / health","policyTool":"Not stated","sourceName":"Department of Home Affairs","sourceUrl":"https://minister.homeaffairs.gov.au/AlexHawke/Pages/covid-19-vaccine-rollout-skilled-migration.aspx","preciseCitation":"Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke MP, Supporting Australia's COVID-19 vaccine rollout through skilled migration, Ministerial Media Release, 27 July 2021.","evidencePassage":"Supporting Australia’s COVID-19 vaccine rollout through skilled migration Skip to navigation Skip to main content  Ministers for Home Affairs Open in a new tabOpen in this tab Loading Menu  Menu pop-up content starts  Back Search Popular searches Your previous searches pop-up content ends  Tuesday, 27 July 2021 description Media release Supporting Australia’s COVID-19 vaccine rollout through skilled migration 27 July 2021 Page Content The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke MP has today announced the inclusion of pharmacists on the Priority Migration Skilled Occupation List (PMSOL). The new occupations are (including ANZSCO codes): Hospital Pharmacist (251511) Retail Pharmacist (251513) Industrial Pharmacist (251512) “With thousands of community pharmacies across Australia being invited to join the COVID-19 vaccine rollout, it’s all hands to the pump as the COVID-19 vaccine rollout continues,” Minister Hawke said. “The Morrison Government will support pharmacies across Australia, including through skilled migration, as supply of COVID-19 vaccine doses increases over the coming weeks,” he said. This addition of three occupations brings the PMSOL to 44 in total. Priority visa processing will be given to those occupations on the PMSOL. Existing skilled migration occupation lists remain active, and all skilled migrants are subject to quarantine arrangements at their own expense. pop-up content starts Need a hand? × Cancel pop-up content ends Clickbot chat_bubble Tell us what you think of this page Last updated: 27/07/2021 12:30 PM Print this page HOME AFFAIRS PORTFOLIO PARLIAMENT OF AUSTRALIA Information publication scheme Conditions of use Web privacy statement Accessibility of this website Access to information​","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4041a131c8d4266e9704","countryCode":"AU","country":"Australia","title":"Exclusion of Non-Compliant Employers from Working Holiday Maker Extensions","policyEffect":"Amends Subclass 417 and 462 criteria to exclude work undertaken for specified non-compliant or exploitative businesses (specified in a ministerial legislative instrument) from counting towards the 88 days or 6 months of specified work required for second or third working holiday maker visas.","operativeDate":"2021-07-28","year":2021,"affectedGroup":"Working holiday makers (subclass 417/462)","materialConditionsAndExceptions":"Validated condition or limit: Amends Subclass 417 and 462 criteria to exclude work undertaken for specified non-compliant or exploitative businesses (specified in a ministerial legislative instrument) from counting towards the 88 days or 6 months of specified work required for second or third working holiday maker visas.","policyCategory":"Temporary migration / labor market standards","policyTool":"Not stated","sourceName":"Australian Government","sourceUrl":"https://www.legislation.gov.au/Details/F2021L01030","preciseCitation":"Federal Register of Legislation, Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 (F2021L01030), 28 July 2021.","evidencePassage":"Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2021L01030 registered 27/07/2021 Schedule 1 Amendments 2 Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 OPC65169 - C Schedule 1—Amendments Migration Regulations 1994 1 Regulation 1.03 Insert: carried out for an excluded employer: see subregulation 1.15FB(1). 2 After regulation 1.15FA Insert: 1.15FB Work carried out for an excluded employer (1) Work was carried out … for an excluded employer if it was done: (a) for, or for the benefit of, a person, partnership or unincorporated association that was, at the time the work was done, specified in an instrument made under subregulation (2); and (b) as an employee or contractor of: (i) the person, partnership or unincorporated association; or (ii) a contractor or subcontractor of the person, partnership or unincorporated association. (2) The Minister may, by legislative instrument, specify a person, partnership or unincorporated association (the employer) if the Minister is satisfied that: (a) the employer may pose … ) of the person, partnership or unincorporated association; (c) any other information that identifies the person, partnership or unincorporated association. Note: This regulation constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law). 3 At the end of subclause 417.211(5) of Schedule 2 Add: ; and (d) the work was not carried out for an excluded employer. 4 At the end of subclause 417.211(6) of Schedule 2 Add: ; and (f) that work was not carried out for an excluded employer.Authorised Version F2021L01030 registered 27/07/2021 Amendments Schedule 1 Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 3 OPC65169 - C 5 At the end of subclause 462.218(1) of Schedule 2 Add: ; and (d) the work was not carried out for an excluded employer. 6 At the end of subclause 462.219(1) of Schedule 2 Add: ; and (f) that work was not carried out for an excluded employer. 7 In the appropriate position in Schedule 13 Insert: Part 97—Amendments made by the Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 9701 Application of amendments (1) The amendments made by Schedule 1 to the Migration Amendment (Subclass 417 and 462 … Visas) Regulations 2021 (the amending Schedule) apply in relation to any visa application made after the commencement of the amending Schedule. (2) However, to the extent that the application relates to work carried out before that commencement, paragraphs 417.211(5)(d), 417.211(6)(f), 462.218(1)(d) and 462.219(1)(f) of Schedule 2 to these Regulations (as inserted by the amending Schedule) do not apply in relation to that work.Authorised Version F2021L01030 registered 27/07/2021","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-d911f152095d1b811d70","countryCode":"AU","country":"Australia","title":"Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 (F2021L01029)","policyEffect":"Amends Schedule 2 of the Migration Regulations 1994 to automatically extend Subclass 870 (Sponsored Parent (Temporary)) visas by 18 months for visa holders who were outside Australia on 1 July 2021 and impacted by pandemic border restrictions.","operativeDate":"2021-07-30","year":2021,"affectedGroup":"Parents of australian citizens/permanent residents","materialConditionsAndExceptions":"","policyCategory":"Family reunification / temporary stay","policyTool":"Visa validity extension","sourceName":"Federal Register of Legislation / Department of Home Affairs","sourceUrl":"https://www.legislation.gov.au/Details/F2021L01029","preciseCitation":"Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 (Cth) (F2021L01029); Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 (Select Legislative Instrument F2021L01029).; Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 (Cth), Select Legislative Instrument F2021L01029.","evidencePassage":".511(2)(b) of Schedule 2 After “held by the applicant”, insert “(other than any visa that, in accordance with subclause (2A), ceased to be in effect 18 months after the date specified under paragraph (1)(b) for the visa)”. 4 After subclause 870.511(2) of Schedule 2 Insert: (2A) If: (a) the visa is in effect on 1 July 2021; and (b) the holder of the visa is outside Australia on 1 July 2021; then, subject to subclause (3), the period of effect of the visa ends 18 months after the date specified under paragraph (1)(b) for the visa. 5 Subclause 870.511(3) of Schedule 2 Omit “earlier than the date … specified under paragraph (1)(b) for the visa”, substitute: earlier than: (a) if paragraphs (2A)(a) and (b) apply—18 months after the date specified under paragraph (1)(b) for the visa; or (b) in any other case—the date specified under paragraph (1)(b) for the visa.Authorised Version F2021L01029 registered 27/07/2021","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-e55264d2f483c17d877e","countryCode":"AU","country":"Australia","title":"Prospective Marriage Visa Automatic Validity Extension","policyEffect":"Amends the Migration Regulations 1994 by inserting clause 300.513 to provide an automatic extension of Subclass 300 (Prospective Marriage) visas to 31 December 2022 for visa holders who were outside Australia on 15 September 2021 and held a valid visa on that date.","operativeDate":"2021-09-15","year":2021,"affectedGroup":"Subclass 300 prospective marriage visa holders outside australia","materialConditionsAndExceptions":"","policyCategory":"Family migration / temporary partner entrants","policyTool":"Visa validity extension / entry flexibility","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/F2021L01481","preciseCitation":"Migration Amendment (Prospective Marriage Visas) Regulations 2021 (Select Legislative Instrument F2021L01481).","evidencePassage":"instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2021L01481 registered 29/10/2021 Schedule 1 Amendments 2 Migration Amendment (Prospective Marriage Visas) Regulations 2021 OPC65501 - A Schedule 1—Amendments Migration Regulations 1994 1 At the end of Division 300.5 of Schedule 2 Add: 300.513 Despite clauses 300.511 and 300.512, the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia until 31 December 2022 if: (a) the visa was in effect on 15 September 2021; and (b) the holder is outside Australia on 15 September 2021.Authorised Version F2021L01481 registered 29/10/2021","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ea8f80259fc230be0083","countryCode":"AU","country":"Australia","title":"Expansion of Subclass 408 COVID-19 Pandemic Event Visa work rights across all economic sectors","policyEffect":"Temporary visa holders with work rights can access the COVID-19 Pandemic Event (Subclass 408) visa with no visa application charge for 6 or 12 months when working in any sector of the Australian economy.","operativeDate":"2022-02-21","year":2022,"affectedGroup":"Temporary visa holders who were in australia prior to 21 february 2022; as well as temporary visa holders who arrive in australia after 21 february 2022 and have work rights or a job offer from a commonwealth funded aged care service at time of application.","materialConditionsAndExceptions":"","policyCategory":"Temporary employment / exceptional visas","policyTool":"Program expansion / sectoral broadening","sourceName":"minister.homeaffairs.gov.au","sourceUrl":"https://minister.homeaffairs.gov.au/AlexHawke/Pages/enhancing-temporary-visa-settings-to-support-economic-recovery.aspx","preciseCitation":"","evidencePassage":"Temporary visa holders with work rights will be able to access the COVID-19 Pandemic Event (Subclass 408) visa incurring no Visa Application Charge for a period of 6 or 12 months if they work in any sector of the Australian economy. … The new arrangements will only be available for Pandemic Event visa applications made on or after 21 February 2022 … Temporary visa holders who were in Australia prior to 21 February 2022; as well as Temporary visa holders who arrive in Australia after 21 February 2022 and have work rights or a job offer from a Commonwealth funded aged care service at time of application. … Temporary visa holders working in, or intending to work in, any sector of the Australian economy including Commonwealth funded aged care will be able to apply for the Pandemic Event visa up to 90 days before their existing visa expires and then remain in Australia for up to 12 additional months if working or intending to work in a key sector (including agriculture, food processing, health care, aged care, disability care, child care, and tourism and hospitality) or 6 months if working or intending to work in any other sector.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-au-hong-kong-189-20220305","countryCode":"AU","country":"Australia","title":"Hong Kong permanent-residence stream opened under Subclass 189","policyEffect":"From March 5, 2022, eligible Hong Kong and British National (Overseas) passport holders could apply through the Subclass 189 Hong Kong stream. Primary applicants needed a qualifying Subclass 457, 482 or 485 visa, at least four years of continuous usual residence in Australia, and substantial compliance with relevant visa conditions. The qualifying visa ordinarily had to have been held for four years, with a specified exception for Subclass 457 visas granted on or after July 9, 2020. Other applicable visa criteria remained in force.","operativeDate":"2022-03-05","year":2022,"affectedGroup":"Eligible hong kong and british national (overseas) passport holders with qualifying subclass 457, 482 or 485 visas seeking the subclass 189 hong kong stream","materialConditionsAndExceptions":"Validated condition or limit: From March 5, 2022, eligible Hong Kong and British National (Overseas) passport holders could apply through the Subclass 189 Hong Kong stream.; Primary applicants needed a qualifying Subclass 457, 482 or 485 visa, at least four years of continuous usual residence in Australia, and substantial compliance with relevant visa conditions.; The qualifying visa ordinarily had to have been held for four years, with a specified exception for Subclass 457 visas granted on or after July 9, 2020.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2021L01479/asmade/2021-10-28/text/original/pdf","preciseCitation":"F2021L01479, Schedule 2 and commencement table","evidencePassage":"n the visa comes into effect; and (d) ends at the end of the period of 5 years starting when the visa comes into effect.Authorised Version F2021L01479 registered 29/10/2021 Schedule 2 Pathways to permanent residence Part 1 Subclass 189 visas 6 Migration Legislation Amendment (Hong Kong) Regulations 2021 OPC65104 - B Schedule 2—Pathways to permanent residence Part 1—Subclass 189 visas Migration Regulations 1994 1 After subitem 1137(4G) of Schedule 1 Insert: Hong Kong stream (4H) Subitems (4J) to (4M) set out the requirements for: (a) an applicant (a primary HK applicant) seeking to satisfy the … primary criteria for the grant of a Subclass 189 (Skilled—Independent) visa in the Hong Kong stream; or (b) an applicant (a secondary applicant) seeking to satisfy the secondary criteria for the grant of a Subclass 189 (Skilled—Independent) visa, whose application is: (i) combined with the application of a primary HK applicant; or (ii) sought to be combined with such an application before a decision is made in relation to that application. Note: A member of the family unit of a primary HK applicant may apply for the grant of a Subclass 189 (Skilled—Independent) visa, seeking to satisfy the sec … fter 5 March 2022. (c) The applicant may be in or outside Australia, but not in immigration clearance. (d) The applicant must not nominate the Points-tested stream or the New Zealand stream. (e) A primary HK applicant: (i) must hold a Hong Kong passport or a British National (Overseas) passport; and (ii) must hold a visa to which subitem (4M) applies; and (iii) must have held that visa for at least 4 years. (f) An application by a secondary applicant may be made at the same time, and combined with, an application by a primary HK applicant. (4M) For the purposes of subparagraph (4L)(e)(ii), thi … s subitem applies to a visa that: (a) is: (i) a Subclass 457 (Temporary Work (Skilled)) visa; or (ii) a Subclass 482 (Temporary Skill Shortage) visa; or (iii) a Subclass 485 (Temporary Graduate) visa; and (b) was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and (c) either: (i) was granted before 9 July 2020 and does not permit the holder to travel to, enter or remain in Australia after 8 July 2025; or (ii) was granted on or after 9 July 2020 and permits the holder to travel to, enter and remain in Australia during the period of 5 years start … s 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered. 30 October 2021 2. Schedule 1 Immediately after the commencement of the Migration Amendment (Hong Kong Passport Holders) Regulations 2020. 9 July 2020 3. Schedule 2 Immediately after the commencement of Schedule 3 to the Migration Amendment (New Skilled Regional Visas) Regulations 2019. 5 March 2022 4. Schedule 3 5 March 2022. 5 March 2022 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with a","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-au-hong-kong-191-20220305","countryCode":"AU","country":"Australia","title":"Hong Kong regional permanent-residence stream opened under Subclass 191","policyEffect":"From March 5, 2022, eligible Hong Kong and British National (Overseas) passport holders could apply through the Subclass 191 Hong Kong (Regional) stream. Primary applicants needed a qualifying Subclass 457, 482 or 485 visa held for at least three years, at least three years of continuous usual residence in Australia, and substantial compliance with relevant visa conditions. During the preceding three years they could not have lived, worked or studied outside designated regional areas unless within a class exempted by legislative instrument. Other applicable visa criteria remained in force.","operativeDate":"2022-03-05","year":2022,"affectedGroup":"Eligible hong kong and british national (overseas) passport holders with qualifying subclass 457, 482 or 485 visas meeting the hong kong (regional) stream requirements","materialConditionsAndExceptions":"Validated condition or limit: From March 5, 2022, eligible Hong Kong and British National (Overseas) passport holders could apply through the Subclass 191 Hong Kong (Regional) stream.; Primary applicants needed a qualifying Subclass 457, 482 or 485 visa held for at least three years, at least three years of continuous usual residence in Australia, and substantial compliance with relevant visa conditions.; During the preceding three years they could not have lived, worked or studied outside designated regional areas unless within a class exempted by legislative instrument.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2021L01479/asmade/2021-10-28/text/original/pdf","preciseCitation":"F2021L01479, Schedule 2 and commencement table","evidencePassage":"t “or the Hong Kong stream”. 5 Subclause 189.313(1) of Schedule 2 After “Points-tested stream”, insert “or the Hong Kong stream”.Authorised Version F2021L01479 registered 29/10/2021 Pathways to permanent residence Schedule 2 Subclass 191 visas Part 2 Migration Legislation Amendment (Hong Kong) Regulations 2021 9 OPC65104 - B Part 2—Subclass 191 visas Migration Regulations 1994 6 Subitem 1139(2) of Schedule 1 Repeal the subitem, substitute: (2) Visa application charge: (a) first instalment (payable at the time the application is made): (i) for: (A) an applicant (a primary Regional Provisional a … pplicant) seeking to satisfy the primary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Regional Provisional Visas stream; or (B) an applicant (a secondary Regional Provisional applicant) seeking to satisfy the secondary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa whose application is combined, or sought to be combined, with an application of a primary Regional Provisional applicant: First instalment—visas in the Regional Provisional Visas stream etc. Item Component Amount 1 Base application charge $425 2 … Additional applicant charge for an applicant who is at least 18 $210 3 Additional applicant charge for an applicant who is less than 18 $110 (ii) for: (A) an applicant (a primary HK applicant) seeking to satisfy the primary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Hong Kong (Regional) stream; or (B) an applicant (a secondary HK applicant) seeking to satisfy the secondary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa whose application is combined, or sought to be combined, with an application of a pri … mary HK applicant: First instalment—visas in the Hong Kong (Regional) stream etc. Item Component Amount 1 Base application charge $4,115 2 Additional applicant charge for an applicant who is at least 18 $2,055 3 Additional applicant charge for an applicant who is less than 18 $1,030 Note 1: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.Authorised Version F2021L01479 registered 29/1 … ish $4,885 2 Any other applicant Nil 7 Paragraph 1139(3)(c) of Schedule 1 Repeal the paragraph, substitute: (ba) An application by a primary Regional Provisional applicant or a secondary Regional Provisional applicant must be made on or after 16 November 2022. (bb) An application by a primary HK applicant or a secondary HK applicant: (i) must be made on or after 5 March 2022; and (ii) must not nominate the Regional Provisional Visas stream. (c) A primary Regional Provisional applicant: (i) must hold a regional provisional visa; and (ii) must have held that regional provisional visa for at leas … t 3 years. (ca) A primary HK applicant: (i) must hold a Hong Kong passport or a British National (Overseas) passport; and (ii) must hold a visa to which subitem (3A) applies; and (iii) must have held that visa for at least 3 years. 8 After subitem 1139(3) of Schedule 1 Insert: (3A) For the purposes of subparagraph (3)(ca)(ii), this subitem applies to a visa that: (a) is: (i) a Subclass 457 (Temporary Work (Skilled)) visa; or (ii) a Subclass 482 (Temporary Skill Shortage) visa; or (iii) a Subclass 485 (Temporary Graduate) visa; and (b) was granted on the basis that the applicant satisfied the p … cified in an instrument under subclause (3) in relation to the applicant. (3) The Minister may, by legislative instrument, specify an amount for the purposes of subclause (2) in relation to all applicants or different classes of applicants. (4) Subclause (1) is satisfied in relation to a copy of a notice even if the copy does not include the applicant’s tax file number within the meaning of Part VA of the Income Tax Assessment Act 1936. 191.23—Criteria for Hong Kong (Regional) stream Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 191 visa in … the Hong Kong (Regional) stream. 191.231 (1) The applicant complied substantially with the conditions to which the following visas were subject: (a) the Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 485 (Temporary Graduate) visa held by the applicant at the time of application; (b) any subsequent bridging visa held by the applicant. (2) During the 3 years ending immediately before the date of application, the applicant did not live, work or study in a part of Australia that was not a designated regional area unless the applicant is incl … uded in a class of persons specified in an instrument under subclause (3).Authorised Version F2021L01479 registered 29/10/2021 Pathways to permanent residence Schedule 2 Subclass 191 visas Part 2 Migration Legislation Amendment (Hong Kong) Regulations 2021 13 OPC65104 - B (3) The Minister may, by legislative instrument, specify a class of persons for the purposes of subclause (2). 191.232 The applicant had been usually resident in Australia for a continuous period of at least 3 years immediately before the date of the application.Authorised Version F2021L01479 registered 29/10/2021 Schedule 2","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"au-445-general-grant-location-20220305","countryCode":"AU","country":"Australia","title":"Subclass 445 grant-location flexibility extended beyond the COVID concession","policyEffect":"From March 5, 2022, the Migration Amendment (2022 Measures No. 1) Regulations 2022 replaced clauses 445.411 and 445.412 with a rule allowing a Subclass 445 (Dependent Child) visa applicant to be in or outside Australia at the time of grant, but not in immigration clearance.","operativeDate":"2022-03-05","year":2022,"affectedGroup":"Subclass 445 (dependent child) visa applicants","materialConditionsAndExceptions":"","policyCategory":"Family","policyTool":"Grant location","sourceName":"Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2022L00255/asmade/2022-03-03/text/original/pdf","preciseCitation":"F2022L00255, section 2, Schedule 2 item 7 and Schedule 4 clause 10502(3); F2021L00136, Schedule 1 item 8.","evidencePassage":"7 Clauses 445.411 and 445.412 of Schedule 2 Repeal the clauses, substitute: 445.411 The applicant may be in or outside Australia at the time of grant, but not in immigration clearance. … 1. The whole of this instrument 5 March 2022. 5 March 2022 … Schedule 2—Application arrangements for Subclass 445 (Dependent Child) visas … (3) The amendment of these Regulations made by item 7 of Schedule 2 to the Migration Amendment (2022 Measures No. 1) Regulations 2022 applies in relation to visa applications made before, on or after the commencement of that Schedule.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-eeebe18ad0530a57cd8c","countryCode":"AU","country":"Australia","title":"Working Holiday Maker (Subclasses 417 and 462) COVID-19 Replacement Concessions","policyEffect":"Introduces specific criteria waivers and concessions for COVID-19 affected holders of Subclass 417 (Working Holiday) and Subclass 462 (Work and Holiday) visas who were unable to enter or utilize their visas due to border closures, allowing them to apply for replacement visas without satisfying standard age or location limitations.","operativeDate":"2022-03-05","year":2022,"affectedGroup":"Working holidaymakers","materialConditionsAndExceptions":"","policyCategory":"Admission / temporary labor mobility","policyTool":"Visa requirement waiver / replacement visa pathway","sourceName":"Federal Register of Legislation / Parliament of Australia","sourceUrl":"https://www.legislation.gov.au/Details/F2022L00244","preciseCitation":"Migration Amendment (Subclass 417 and 462 Visas) Regulations 2022 (Select Legislative Instrument No. F2022L00244); Migration Amendment (Subclass 417 and 462 Visas) Regulations 2022 (F2022L00266).; Migration Amendment (Subclass 417 and 462 Visas) Regulations 2022 (Select Legislative Instrument / Disallowable Instrument F2022L00244).","evidencePassage":"and specified work Migration Regulations 1994 1 Regulation 1.03 (definition of COVID-19 affected visa) Repeal the definition, substitute: COVID-19 affected visa means an offshore COVID-19 affected visa or an onshore COVID-19 affected visa. 2 Regulation 1.03 Insert: offshore COVID-19 affected visa means: (a) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, covered by subregulation 1.15P(1); or (b) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, of a kind specified for the purposes of this definition by the Minister under subregulation 1.15P(2). onshore COVID-19 affected visa means: (a) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, covered by subregulation 1.15P(2A); or (b) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, of a kind specified for the purposes of this definition by the Minister under subregulation 1.15P(2B). 3 Before subregulation 1.15P(1) Insert: Offshore COVID-19 affected visas 4 Subregulation 1.15P(2) After “definition of”, insert “offshore”. 5 After subregulation 1.15P(2) Insert: Onshore COVID-19 affected visas (2A) A Subclass 417 … (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa (the covered visa) is covered by this subregulation if: (a) the covered visa is granted to a person before 20 March 2020; and (b) on 20 March 2020, either: (i) the covered visa is in effect; or (ii) the person does not hold a substantive visa and the covered visa is the last substantive visa held by the person; andAuthorised Version F2022L00244 registered 04/03/2022 Amendments Schedule 1 Exceptions relating to COVID-19 affected visas and specified work Part 1 Migration Amendment (Subclass 417 and 462 Visas) Regulations 2022 3 OPC65791 - A (c) the person is in Australia on 20 March 2020; and (d) between 5 March 2022 and 31 December 2022, the person applies for a Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa; and (e) the person is in Australia when the application is made; and (f) if the covered visa is cancelled before the application is made—it was cancelled on the ground specified in paragraph 2.43(1)(g). (2B) The Minister may, by legislative instrument, specify kinds of Subclass 417 (Working Holiday) visas and Subclass 462 (Work and Holiday) visas for the purposes of the definition of … Subparagraphs (c)(ii) and (iia) do not apply if: (i) the application is made between 5 March 2022 and 31 December 2022; and (ii) the applicant holds or held an onshore COVID-19 affected visa; and (iii) the applicant has not been granted a Subclass 462 (Work and Holiday) visa on the basis of another application made on or after 5 March 2022. (f) Subparagraph (c)(iv) does not apply if: (i) the application is made between 5 March 2022 and 31 December 2022; and (ii) the applicant holds a bridging visa. 14 Subitem 1225(3A) of Schedule 1 After “Subclass 417 (Working Holiday) visa”, insert “other than an offshore … (3B)(c) and (ca) do not apply if the applicant holds a passport of a kind specified by the Minister in a legislative instrument made for the purposes of this subitem. (3BB) Paragraphs (3B)(c) and (ca) do not apply if: (a) the application is made between 5 March 2022 and 31 December 2022; and (b) the applicant holds or held an onshore COVID-19 affected visa; and (c) the applicant has not been granted a Subclass 417 (Working Holiday) visa on the basis of another application made on or after 5 March 2022. (3BC) Paragraph (3B)(e) does not apply if: (a) the applicant is in Australia; and (b) when entering … 1; and (c) the applicant does not need to satisfy the criteria in subclauses (5) and (6) if: (i) the application is made between 5 March 2022 and 31 December 2022; and (ii) the applicant holds or held an onshore COVID-19 affected visa; and (iii) the applicant has not been granted a Subclass 417 (Working Holiday) visa on the basis of another application made on or after 5 March 2022. 21 Subparagraph 417.211(2)(b)(ii) of Schedule 2 After “holds”, insert “(or, if paragraph (1A)(a) applies, held)”. 22 Paragraph 417.221(2)(a) of Schedule 2 Repeal the paragraph, substitute: (a) continues to satisfy … (a) the applicant holds a passport of a kind specified by the Minister in a legislative instrument made for the purposes of paragraph 1224A(3)(d) of Schedule 1; or (b) all of the following apply: (i) the application is made between 5 March 2022 and 31 December 2022; (ii) the applicant holds or held an onshore COVID-19 affected visa; (iii) the applicant has not been granted a Subclass 462 (Work and Holiday) visa on the basis of another application made on or after 5 March 2022. 26 Paragraph 462.212(b) of Schedule 2 After “holds”, insert “(or, if paragraph 1224A(3)(aaa) of Schedule 1 applies, held","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-f736dd0d6b0e31e230d9","countryCode":"AU","country":"Australia","title":"Consolidation of Pacific Labour Mobility into the Subclass 403 PALM Stream","policyEffect":"Amends the Migration Regulations 1994 to repeal the separate Seasonal Worker Program and Pacific Labour Scheme streams under the Subclass 403 (Temporary Work (International Relations)) visa and consolidates them into a single Pacific Australia Labour Mobility (PALM) stream for short- and long-term workers from participating Pacific Island nations and Timor-Leste.","operativeDate":"2022-04-04","year":2022,"affectedGroup":"Low-/semi-skilled temporary agricultural and regional workers","materialConditionsAndExceptions":"","policyCategory":"Admission / temporary labor migration","policyTool":"Stream restructuring / consolidation","sourceName":"Federal Register of Legislation / Parliament of Australia","sourceUrl":"https://www.legislation.gov.au/Details/F2022L00270","preciseCitation":"Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022 (Select Legislative Instrument No. F2022L00270); Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022 (F2022L00466).; Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022 (Disallowable Instrument F2022L00270).","evidencePassage":"(Pacific Australia Labour Mobility) Regulations 2022 3 OPC65767 - B Part 2—Pacific Australia Labour Mobility stream Migration Regulations 1994 2 After paragraph 2.56(bab) Insert: (bac) the Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility stream; 3 Paragraph 1234(3)(b) of Schedule 1 Omit “(c), (caa) and (cac)”, substitute “(cac) and (cae)”. 4 Paragraphs 1234(3)(c), (ca), (caa) and (cab) of Schedule 1 Repeal the paragraphs. 5 After paragraph 1234(3)(cad) of Schedule 1 Insert: (cae) If: (i) an applicant is seeking to satisfy the criteria for a … 29”. 11 Subdivisions 403.26 and 403.27 of Schedule 2 Repeal the Subdivisions. 12 At the end of Division 403.2 of Schedule 2 Add: 403.29—Criteria for the Pacific Australia Labour Mobility stream Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Pacific Australia Labour Mobility stream. 403.291 Each of the following applies: (a) the applicant is participating, as a worker, in the Pacific Australia Labour Mobility scheme administered by Foreign Affairs; (b) an approved sponsor has agreed to be the sponsor of the applicant and the sponsor is: (i) a temporary activities sponsor; and (ii) participating, as an employer, in the Pacific Australia Labour Mobility scheme administered by Foreign Affairs; (c) the sponsor has not withdrawn the sponsor’s agreement to be the sponsor of the applicant; (d) the sponsor has not ceased to be the sponsor of the applicant; (e) either: (i) there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or (ii) it is reasonable to disregard any adverse information known to Immigration about the sponsor or a person associated with the sponsor; (f) the applicant: (i) is seeking to enter Australia for the purposes of the Pacific Australia Labour Mobility scheme administered by Foreign Affairs; or (ii) is in Australia and holds, or the last substantive visa held by the applicant was, a Subclass 403 visa in the Pacific Australia LabourAuthorised Version F2022L00270 registered 04/03/2022 Amendments Schedule 1 Pacific Australia Labour Mobility stream Part 2 Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022 5 OPC65767 - B Mobility stream, the Seasonal Worker Program stream or the Pacific Labour Scheme stream; (g)","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-7edfa279def31d492a9f","countryCode":"AU","country":"Australia","title":"Subclass 186 Age Exemption for Legacy 457 Workers (LIN 22/047)","policyEffect":"Introduced an age exemption under LIN 22/047 for 'legacy 457 workers' transitioning to a subclass 186 visa.","operativeDate":"2022-07-01","year":2022,"affectedGroup":"Legacy 457 workers applying for a subclass 186 visa","materialConditionsAndExceptions":"","policyCategory":"Permanent pathways & onshore renewal","policyTool":"Delegated legislation / legislative instrument","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2022L00515/asmade/2022-03-31/text/original/pdf","preciseCitation":"","evidencePassage":"This instrument commences on 1 July 2022. … [2] After paragraph 6(1)(a) insert (aa) legacy 457 workers;","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-c294cac80d71497d9e51","countryCode":"AU","country":"Australia","title":"Repeal of the Australian Agriculture Worker Stream","policyEffect":"Repeals the Australian Agriculture Worker (AAW) stream under the Subclass 403 visa, consolidating all agricultural labor mobility pathways under the Pacific Australia Labour Mobility (PALM) scheme.","operativeDate":"2022-10-01","year":2022,"affectedGroup":"Agricultural guest workers","materialConditionsAndExceptions":"","policyCategory":"Labor migration streams","policyTool":"Not stated","sourceName":"Federal Register of Legislation / Australian Government","sourceUrl":"https://www.legislation.gov.au/Details/F2022L01289","preciseCitation":"Migration Amendment (Repeal of Australian Agriculture Worker Stream) Regulations 2022 (Disallowable Instrument F2022L01289).","evidencePassage":"Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2022L01289 registered 30/09/2022 Schedule 1 Amendments 2 Migration Amendment (Repeal of Australian Agriculture Worker Stream) Regulations 2022 OPC66053 - B Schedule 1—Amendments Migration Regulations 1994 1 Paragraph 2.56(bab) Repeal the paragraph. 2 Subparagraph 1234(2)(a)(iia) of Schedule 1 Repeal the subparagraph. 3 Paragraph 1234(3)(b) of Schedule 1 Omit “paragraphs (cac) and”, substitute “paragraph”. 4 Paragraphs 1234(3)(cac) and (cad) of Schedule 1 Repeal the paragraphs. 5 Subitem 1234(3) of Schedule 1 (note) Omit “the Australian Agriculture Worker stream,”. 6 Subitem 1234(3D) of Schedule 1 Repeal the subitem. 7 Subdivision 403.28 of Schedule 2 Repeal the Subdivision. 8 Subclause 403.411(2B) of Schedule 2 Repeal the subclause. 9 Subclause 403.411(3) of Schedule 2 Omit “, (2B)”. 10 Clause 403.616 of Schedule 2 Repeal the clause. 11 Clause 8611 of Schedule 8 Omit “the Australian Agriculture Worker","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-54c7f13ab458eaf90aa6","countryCode":"AU","country":"Australia","title":"Migration Amendment (Subclass 189 Visas—New Zealand Stream) Regulations 2022","policyEffect":"Amends the Migration Regulations 1994 to restrict primary applications for Subclass 189 (Skilled - Independent) visas in the New Zealand stream so they must be made before 10 December 2022 or on or after 1 July 2023, while exempting applications made before 10 December 2022 from certain criteria.","operativeDate":"2022-12-10","year":2022,"affectedGroup":"Primary nz applicants","materialConditionsAndExceptions":"Validated condition or limit: Amends the Migration Regulations 1994 to restrict primary applications for Subclass 189 (Skilled - Independent) visas in the New Zealand stream so they must be made before 10 December 2022 or on or after 1 July 2023, while exempting applications made before 10 December 2022 from certain criteria.","policyCategory":"Permanent residence","policyTool":"Temporary pause / concession","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/F2022L01625","preciseCitation":"https://www.legislation.gov.au/Details/F2022L01625; https://www.legislation.gov.au/F2022L01623/asmade/2022-12-08/text/original/pdf","evidencePassage":"The whole of this instrument 10 December 2022. … (aa) An application by a primary NZ applicant must be made: (i) before 10 December 2022; or (ii) on or after 1 July 2023. … 189.231A The applicant satisfies either or both of the following: (a) clause 189.231B; (b) clauses 189.231, 189.232, 189.233 and 189.234. 189.231B The application is made before 10 December 2022. … The amendment made by item 2 of Part 1 of Schedule 1 to the Migration Amendment (Subclass 189 Visas—New Zealand Stream) Regulations 2022 applies in relation to an application for a Subclass 189 (Skilled—Independent) visa made before 10 December 2022 if a decision has not been made to grant, or refuse to grant, the visa before that day.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-5636ff610a74b3251ef4","countryCode":"AU","country":"Australia","title":"Australia opens permanent Resolution of Status pathway for TPV and SHEV holders","policyEffect":"Australia allowed existing Temporary Protection visa and Safe Haven Enterprise visa holders to apply for permanent Resolution of Status visas, ending temporary-only protection for that cohort.","operativeDate":"2023-02-14","year":2023,"affectedGroup":"Current holders","materialConditionsAndExceptions":"Validated condition or limit: Australia allowed existing Temporary Protection visa and Safe Haven Enterprise visa holders to apply for permanent Resolution of Status visas, ending temporary-only protection for that cohort.","policyCategory":"Humanitarian","policyTool":"New pathway","sourceName":"Minister for Home Affairs TPV/SHEV permanent pathway announcement","sourceUrl":"https://minister.homeaffairs.gov.au/ClareONeil/Pages/permanent-pathway-for-tpv-holders.aspx","preciseCitation":"Minister for Home Affairs TPV/SHEV permanent pathway announcement. Australia opens permanent Resolution of Status pathway for TPV and SHEV holders. Effective 2023-02-14.","evidencePassage":"OPC66259 - C Schedule 1—Amendments Part 1—Amendments Migration Regulations 1994 1 Regulation 1.03 Insert: TPV/SHEV transition day means the day Schedule 1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 commences. 2 After regulation 2.08F Insert: 2.08G Certain applications for Subclass 785 (Temporary Protection) visas and Subclass 790 (Safe Haven Enterprise) visas taken to be applications for Resolution of Status (Class CD) visas (1) For the purposes of section 45AA of the Act, despite anything else in the Act but subject to subregulations (3) and (4) of this regulation, a valid application (a pre-conversion application) for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa made before the TPV/SHEV transition day by an applicant described in column 1 of an item of the following table is, immediately after this regulation starts to apply in relation to the application under column 2 of the item: (a) taken not to be, and never to have been, a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa, except for the purposes of section 197C of the Act; and (b) taken to be, and always to have been, a valid application for a Resolution of Status (Class CD) visa, made by the applicant. Note 1: As a result, the Minister is required to make a decision on the pre-conversion application as if it were a valid application for a Resolution of Status (Class CD) visa. Note 2: TPV/SHEV transition day is defined in regulation 1.03. Conversion of visa applications Column 1 Column 2 Item Applicants When this regulation starts to apply 1 An applicant in relation to whom both of the following apply: (a) on the TPV/SHEV transition day, the applicant held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) before the TPV/SHEV transition day, the Minister had not made a decision in relation to the pre-conversion application under section 65 of the Act On the TPV/SHEV transition dayAuthorised Version F2023L00099 registered 13/02/2023 Amendments Schedule 1 Amendments Part 1 Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 3 OPC66259 - C Conversion of visa applications Column 1 Column 2 Item Applicants When this regulation starts to apply 2 An … relation to the application, in which: (a) judgment is reserved by a court as at immediately before the TPV/SHEV transition day; or (b) judgment has been delivered by a court before the TPV/SHEV transition day. 3 Subitem 1127AA(3) of Schedule 1 (at the end of the table) Add: 4 Both of the following apply: (a) the applicant holds a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) the applicant first entered Australia before the TPV/SHEV transition day At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has not … made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that has not been finally determined Nil 5 All of the following apply: (a) on the TPV/SHEV transition day, the applicant did not hold a Subclass 785 At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has NilAuthorised Version F2023L00099 registered 13/02/2023 Schedule 1 Amendments Part 1 Amendments 6 Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 OPC66259 - C (Temporary Protection) … visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) at any time before the TPV/SHEV transition day, the applicant held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (c) the Subclass 785 (Temporary Protection) visa or Subclass 790 (Safe Haven Enterprise) visa most recently held by the applicant was not cancelled; (d) since the applicant was granted the visa mentioned in paragraph (c), the applicant has not had a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa refused and finally determined","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d417b2c261e45eedd4e9","countryCode":"AU","country":"Australia","title":"Across-the-Board Increase in Visa Application Charges (VACs)","policyEffect":"Amends Schedule 1 of the Migration Regulations 1994 to increase Visa Application Charges across visitor, working holiday, student, and select temporary and permanent skilled visa subclasses.","operativeDate":"2023-07-01","year":2023,"affectedGroup":"All visa applicants","materialConditionsAndExceptions":"","policyCategory":"Administrative requirements / fees","policyTool":"Visa pricing","sourceName":"Federal Register of Legislation / Commonwealth of Australia","sourceUrl":"https://www.legislation.gov.au/Details/F2023L00831","preciseCitation":"Migration Amendment (Visa Application Charges) Regulations 2023, Legislative Instrument F2023L00831 (Cth).; Migration Amendment (Visa Application Charges) Regulations 2023 (F2023L00831).","evidencePassage":"that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2023L00831 registered 22/06/2023 Schedule 1 Amendments Part 1 Amendments 2 Migration Amendment (Visa Application Charges) Regulations 2023 OPC66483 - A Schedule 1—Amendments Part 1—Amendments Migration Regulations 1994 1 Paragraph 1104BA(2)(a) of Schedule 1 (table item 1) Omit “$3 025”, substitute “$3 310”. 2 Paragraph 1104BA(2)(a) of Schedule 1 (table item 2) Omit “$1 515”, substitute “$1 660”. 3 Paragraph 1104BA(2)(a) of Schedule 1 (table item 3) Omit “$755”, substitute “$825”. 4 Subparagraph 1104B(2)(a)(i) of Schedule 1 (table item 1) Omit “$385”, substitute “$420”. 5 Subparagraph 1104B(2)(a)(i) of Schedule 1 (table item 2) Omit “$195”, substitute “$215”. 6 Subparagraph 1104B(2)(a)(i) of Schedule 1 (table item 3) Omit “$95”, substitute “$105”. 7 Subparagraph 1104B(2)(a)(ii) of Schedule 1 (table item 1) Omit “$2 570”, substitute “$2 810”. 8 Subparagraph 1104B(2)(a)(ii) of Schedule 1 (table item 2) Omit “$1 285”, substitute “$1 405”. 9 Subparagraph … (a)(ii) of Schedule 1 (table item 3) Omit “$75”, substitute “$80”. 166 Subparagraph 1218(2)(a)(iii) of Schedule 1 (table items 1 and 2) Omit “$115”, substitute “$125”. 167 Subparagraph 1218(2)(a)(iii) of Schedule 1 (table item 3) Omit “$30”, substitute “$35”. 168 Subparagraph 1221(2)(a)(iii) of Schedule 1 (table item 1) Omit “$2 935”, substitute “$3 210”. 169 Subparagraph 1221(2)(a)(iii) of Schedule 1 (table item 2) Omit “$1 465”, substitute “$1 605”. 170 Subparagraph 1221(2)(a)(iii) of Schedule 1 (table item 3) Omit “$735”, substitute “$805”. 171 Subparagraph 1221A(2)(a)(iii) of Schedule 1 (table … 530”. 176 Subparagraph 1222(2)(a)(ii) of Schedule 1 (table item 3) Omit “$160”, substitute “$175”. 177 Subparagraph 1224A(2)(a)(ii) of Schedule 1 Omit “$510”, substitute “$635”. 178 Subparagraph 1225(2)(a)(ii) of Schedule 1 Omit “$510”, substitute “$635”. 179 Paragraph 1228(2)(a) of Schedule 1 (table item 1) Omit “$425”, substitute “$465”. 180 Paragraph 1228(2)(a) of Schedule 1 (table item 2) Omit “$210”, substitute “$230”. 181 Paragraph 1228(2)(a) of Schedule 1 (table item 3) Omit “$105”, substitute “$115”. 182 Subparagraph 1229(2)(a)(i) of Schedule 1 (table item 1) Omit “$680”, substitute “$745","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-603abf24f778ce7867b0","countryCode":"AU","country":"Australia","title":"Phased Closure and Restriction of the Subclass 408 COVID-19 Pandemic Event Visa Stream","policyEffect":"The Australian Government closed the Subclass 408 COVID-19 Pandemic Event visa stream to new applicants, restricted eligibility to existing holders with 28 days or less remaining on their visa, shortened subsequent stay validity to up to 6 months, and introduced a Visa Application Charge of AUD 405. Phase scope: Initial restriction phase (closure to non-holders, application fee introduced, stay reduced to 6 months) leading to total program closure on 1 February 2024.","operativeDate":"2023-09-02","year":2023,"affectedGroup":"Subclass 408 applicants and current pandemic event visa holders","materialConditionsAndExceptions":"Validated condition or limit: The Australian Government closed the Subclass 408 COVID-19 Pandemic Event visa stream to new applicants, restricted eligibility to existing holders with 28 days or less remaining on their visa, shortened subsequent stay validity to up to 6 months, and introduced a Visa Application Charge of AUD 405.; Phase scope: Initial restriction phase (closure to non-holders, application fee introduced, stay reduced to 6 months) leading to total program closure on 1 February 2024.","policyCategory":"Temporary work and activity visas","policyTool":"Legislative instrument / visa closure and fee amendment","sourceName":"Study Australia / Department of Home Affairs","sourceUrl":"https://studyaustralia.gov.au/id/tools-and-resources/news/closure-of-the-pandemic-event-visa-","preciseCitation":"studyaustralia.gov.au, 'Closure of the Pandemic Event visa', 5 September 2023.","evidencePassage":"Temporary Activity visa (subclass 408) Australian Government endorsed events (COVID-19 Pandemic event) – referred to as the Pandemic Event visa. What this means From 2 September 2023, the Pandemic Event visa will only be open to applications from existing Pandemic Event visa holders. Pandemic Event visa holders will be able to apply for a subsequent Pandemic Event visa after 2 September 2023 until the visa is fully closed in February 2024. Applications for the Pandemic Event visa lodged before 2 September 2023, if granted, will be considered for a period of stay in Australia of up to 12 months (or 2 years for TGV holders). If you are a Pandemic Event visa holder Your Pandemic Event visa will remain valid until it expires, or you are granted another visa. You may eligible to apply for a subsequent Pandemic Event visa of up to 6 months on or after 2 September 2023 until the visa is closed on 1 February 2024. A subsequent Pandemic Event visa application requires a Visa Application Charge (VAC) of AUD405.00 and a VAC for each family member included in the application. You can only apply for a subsequent Pandemic Event visa if, at time of application, you have 28 days or less remaining on … your current Pandemic Event visa. From 1 February 2024, the Pandemic Event visa will be closed to all applicants. For all other visa holders If you hold any other type of visa, including a student, graduate or visitor visa, you are not able to apply for the Pandemic Event visa. Why the Pandemic Event visa is closing The Pandemic Event visa was introduced in April 2020 to allow temporary migrants, including international students, to stay in Australia while COVID-19 travel restrictions were in place. Now Australia’s borders are open, the Pandemic Event visa is no longer required. The announcement","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5068e94421fe7b622c27","countryCode":"AU","country":"Australia","title":"Resolution of Status (Subclass 851) Visa Eligibility Expansion & Identity Integrity Provisions","policyEffect":"Expands eligibility for permanent residence under the Subclass 851 (Resolution of Status) visa to additional cohorts of Temporary Protection Visa (TPV) and Safe Haven Enterprise Visa (SHEV) applicants/holders whose circumstances were omitted in earlier transition regulations (e.g., secondary applicants without independent claims, individuals whose TPV/SHEV lapsed before transition day). Also introduces integrity requirements allowing refusal or re-assessment where substantial concerns exist regarding the applicant's identity.","operativeDate":"2023-10-19","year":2023,"affectedGroup":"Asylum seekers and refugees (tpv/shev cohorts)","materialConditionsAndExceptions":"Validated condition or limit: Expands eligibility for permanent residence under the Subclass 851 (Resolution of Status) visa to additional cohorts of Temporary Protection Visa (TPV) and Safe Haven Enterprise Visa (SHEV) applicants/holders whose circumstances were omitted in earlier transition regulations (e.g., secondary applicants without independent claims, individuals whose TPV/SHEV lapsed before transition day).","policyCategory":"Asylum and protection","policyTool":"Delegated legislation","sourceName":"Federal Register of Legislation / Department of Home Affairs","sourceUrl":"https://www.legislation.gov.au/Details/F2023L01393","preciseCitation":"Migration Amendment (Resolution of Status Visa) Regulations 2023 (F2023L01393), Explanatory Statement / Regulations.","evidencePassage":"1994 1 Regulation 2.06A (heading) Repeal the heading, substitute: 2.06A Definitions 2 Regulation 2.06A Insert: review/court event occurs: see subregulation 2.08G(1A). 3 Subregulation 2.08G(1) (table items 1 and 2, column 1, paragraph (a)) Repeal the paragraph, substitute: (a) the applicant held a Subclass 785 (Temporary Protection) visa, or a Subclass 790 (Safe Haven Enterprise) visa, on or before the TPV/SHEV transition day; 4 Subregulation 2.08G(1) (cell at table item 2, column 2) Repeal the cell substitute: Immediately after a review/court event occurs in relation to the pre-conversion application if that event occurs on or after the TPV/SHEV transition day 5 Subregulation 2.08G(1) (table item 3, column 1) Omit “to whom all”, substitute “to whom both”. 6 Subregulation 2.08G(1) (table item 3, column 1, paragraph (b) Repeal the paragraph. 7 Subregulation 2.08G(1) (after table item 3) Insert: 3A An applicant in relation to whom both of the following apply: (a) the applicant does not hold, and has not ever held, a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) before the TPV/SHEV transition day, the Minister had not made a decision in relation to the pre-conversion application under section 65 of the Act When the Minister makes a record, on or after the TPV/SHEV transition day, that the Minister is satisfied: (a) that the applicant is a member of the same family unit as another person; and (b) that the other person satisfies the criterion mentioned in paragraph 36(2)(a) or (aa) of the Act; and (c) that: (i) if the pre-conversion application is for a SubclassAuthorised Version F2023L01393 registered 18/10/2023 Amendments relating to certain visa applications Schedule 1 Migration Amendment (Resolution of Status Visa) Regulations … 2023 3 OPC66581 - A 785 (Temporary Protection) visa—the applicant would satisfy the criteria for the grant of the Subclass 785 (Temporary Protection) visa if it were assumed that the other person held a visa of that kind; or (ii) if the pre-conversion application is for a Subclass 790 (Safe Haven Enterprise) visa—the applicant would satisfy the criteria for the grant of the Subclass 790 (Safe Haven Enterprise) visa if it were assumed that the other person held a visa of that kind 8 Subregulation 2.08G(1) (table item 4, column 1, paragraph (b)) Repeal the paragraph. 9 Subregulation 2.08G(1) (table item 4, column 1, paragraph (d)) Repeal the paragraph, substitute: (d) on or after the TPV/SHEV transition day, a review/court event occurs in relation to the pre-conversion application 10 Subregulation 2.08G(1) (at the end of the table) Add: 5 An applicant in relation to whom all of the following apply: (a) the applicant does not hold, and has not ever held, a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) before the TPV/SHEV transition day, the Minister had made a decision in relation to the pre-conversion application to refuse to grant the visa under section 65 of the Act; (c) on or after the TPV/SHEV transition day, a review/court event occurs in relation to the pre-conversion application When the Minister makes a record, after the review/court event occurs in relation to the pre-conversion application, that the Minister is satisfied: (a) that the applicant is a member of the same family unit as another person; and (b) that the other person satisfies the criterion mentioned in paragraph 36(2)(a) or (aa) of the Act; and (c) that: (i) if the pre-conversion application is for a Subclass 785 (Temporary Protection) visa—the applicant … would satisfy the criteria for the grant of the Subclass 785 (Temporary Protection) visa if it were assumed that the other person held a visa of that kind; or (ii) if the pre-conversionAuthorised Version F2023L01393 registered 18/10/2023 Schedule 1 Amendments relating to certain visa applications 4 Migration Amendment (Resolution of Status Visa) Regulations 2023 OPC66581 - A application is for a Subclass 790 (Safe Haven Enterprise) visa—the applicant would satisfy the criteria for the grant of the Subclass 790 (Safe Haven Enterprise) visa if it were assumed that the other person held a visa of … application. 13 Subitem 1127AA(3) of Schedule 1 (after table item 4) Insert: 4A All of the following apply: (a) on the TPV/SHEV transition day, the applicant held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) on or after that day, that visa ceased to be in effect (other than because the visa was cancelled); (c) since the applicant was granted that visa, the applicant has not had a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) At the time the application for a Resolution of Status (Class … and 785.228(2)(b) of Schedule 2 Omit “or a Resolution of Status (Class CD) visa”. 16 Paragraphs 790.221(3)(b) and 790.228(2)(b) of Schedule 2 Omit “or a Resolution of Status (Class CD) visa”.Authorised Version F2023L01393 registered 18/10/2023 Schedule 2 Amendments relating to the identity of certain visa applicants 6 Migration Amendment (Resolution of Status Visa) Regulations 2023 OPC66581 - A Schedule 2—Amendments relating to the identity of certain visa applicants Migration Regulations 1994 1 At the end of Subdivision 851.22 of Schedule 2 Add: 851.228 (1) This clause applies in relation to","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp5-747ff5506a56c3c61d83","countryCode":"AU","country":"Australia","title":"Expanded visa cancellation ground for concealed biosecurity goods","policyEffect":"Expanded discretionary cancellation grounds for specified visitor, student and temporary-work visas to include reasonably suspected contraventions of subsection 186A(1) of the Biosecurity Act 2015 concerning concealed conditionally non-prohibited goods.","operativeDate":"2023-11-01","year":2023,"affectedGroup":"Holders of specified visitor, student and temporary-work visas","materialConditionsAndExceptions":"","policyCategory":"Border enforcement & visa cancellation","policyTool":"Delegated legislation / regulations (f2023l01443)","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2023L01443/asmade/text","preciseCitation":"Expanded visa cancellation ground for concealed biosecurity goods","evidencePassage":"strument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2023L01443 registered 31/10/2023 Schedule 1 Amendments 2 Migration Amendment (Biosecurity Contravention) Regulations 2023 OPC66450 - A Schedule 1—Amendments Migration Regulations 1994 1 Paragraph 2.43(1)(s) After “128(2),”, insert “186A(1),”. 2 In the appropriate position in Schedule 13 Insert: Part 120—Amendment made by the Migration Amendment (Biosecurity Contravention) Regulations 2023 12001 Op … convenient to be prescribed, for carrying out or giving effect to the Migration Act. Subparagraph 116(1)(g) of the Migration Act provides that the Minister may cancel a visa if he or she is satisfied that a prescribed ground for cancelling a visa applies to the holder, except if there exists a prescribed circumstance in which a visa cannot be cancelled. The Migration Amendment (Biosecurity Contravention) Regulations 2023 (the Amendment Regulations) amends the Migration Regulations 1994 (the Migration Regulations) to expand the grounds for the cancellation of visas where the Minister or a dele … gate reasonably believes that a visa holder has contravened provisions under the Biosecurity Act 2015 (the Biosecurity Act), to include contravention of new subsection 186A(1) of the Biosecurity Act. The Biosecurity Act provides the regulatory framework for the management of diseases and pests entering Australia that may cause harm to human, animal or plant health or the environment. Contraventions of the Biosecurity Act pose a serious threat to Australia’s economy, agricultural sector, animal, plant, human health and the environment. Under the Migration Amendment (Biosecurity Contraventions a … nd Importation of Objectionable Goods) Regulations 2019, the cancellation ground under subparagraph 2.43(1)(s) was introduced. This ground gives the decision-maker the power to cancel a specified visa (visitor, student and temporary work visas) where it is reasonably believed that the holder has contravened subsections 126(2), 128(2), 532(1) or 533(1) of the Biosecurity Act. The purpose of this amendment was to strengthen compliance tools available to deter and respond to behaviour that is in contravention of Australia’s biosecurity laws. On 6 December 2022, the Biosecurity Act was amended to … rised Version F2023L01443 registered 31/10/2023 Authorised Version F2023L01443 registered 31/10/2023 Migration Amendment (Biosecurity Contravention) Regulations 2023 1 OPC66450 - A 1 Name This instrument is the Migration Amendment (Biosecurity Contravention) Regulations 2023. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Det … ails 1. The whole of this instrument The day after this instrument is registered. 1 November 2023 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this in","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-2861333ddb91179043a3","countryCode":"AU","country":"Australia","title":"Enactment of Mandatory Bridging Visa Conditions Regime (Post-NZYQ)","policyEffect":"Established stringent conditions and criminal offense provisions on Subclass 070 (Bridging R / Removal Pending) visas granted to non-citizens who cannot be removed in the reasonably foreseeable future following the High Court's NZYQ judgment, including mandatory curfews, electronic monitoring, and reporting obligations.","operativeDate":"2023-11-18","year":2023,"affectedGroup":"Non-citizens facing removal / nzyq cohort","materialConditionsAndExceptions":"","policyCategory":"Visa conditions / post-entry control","policyTool":"Mandatory visa conditions","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/C2023A00093","preciseCitation":"Migration Amendment (Bridging Visa Conditions) Act 2023 (Act No. 93 of 2023) and Migration Amendment (Bridging Visa Conditions) Regulations 2023, Federal Register of Legislation.; Migration Amendment (Bridging Visa Conditions) Act 2023 (Act No. 93, 2023).","evidencePassage":"Subdivision AF of Division 3 of Part 2 Add:Authorised Version C2023A00093 Schedule 1 Amendments of the Act 4 Migration Amendment (Bridging Visa Conditions) Act 2023 No. 93, 2023 76A Cessation by operation of law of certain bridging visas etc. (1) This section applies if: (a) a non-citizen holds a Subclass 070 (Bridging (Removal Pending)) visa (the first visa) immediately before the commencement of this section; and (b) the first visa was granted to the non-citizen without an application for the first visa being made by the non-citizen; and (c) the first visa was granted during the period that: (i) starts at the start of 8 November 2023; and (ii) ends immediately before the commencement of this section; and (d) at the time the first visa was granted, there was no real prospect of the removal of the non-citizen from Australia becoming practicable in the reasonably foreseeable future. (2) Despite any other provision of this Act or the regulations, the first visa ceases to be in effect immediately after the commencement of this section. Note: The visa period for the first visa ends when it ceases to be in effect under this subsection. (3) Despite any other provision of this Act or the … regulations: (a) the non-citizen is taken, immediately after the first visa ceases to be in effect under subsection (2), to have been granted another Subclass 070 (Bridging (Removal Pending)) visa (the second visa); and (b) the second visa is taken to come into effect as soon as it is taken to be granted under paragraph (a) of this subsection. Note: The visa period for the second visa begins when it is taken to be granted. (4) This Act and the regulations apply, after the commencement of this section, in relation to the second visa in the same way as they would apply in relation to a Subclass … 070 (Bridging (Removal Pending)) visa granted under the regulations. (5) Without limiting subsection (4), the following provisions of the regulations, as in force at the time the second visa is taken to be granted under paragraph (3)(a), apply in relation to the second visa:Authorised Version C2023A00093 Amendments of the Act Schedule 1 No. 93, 2023 Migration Amendment (Bridging Visa Conditions) Act 2023 5 (a) a provision specifying when a Subclass 070 (Bridging (Removal Pending)) visa is in effect; (b) a provision prescribing that a Subclass 070 (Bridging (Removal Pending)) visa permits the … visa holder to remain in Australia; (c) a provision specifying the mandatory conditions to which a Subclass 070 (Bridging (Removal Pending)) visa that is taken to be granted under paragraph (3)(a) is subject. 76B Offence relating to monitoring conditions of certain bridging visas (1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) at the time the visa was granted, there was no real prospect of the removal of the person from Australia becoming practicable in the reasonably foreseeable future; and (c) the visa is subject to a monitoring condition; and (d) the person fails to comply with a requirement of the monitoring condition. Note: Section 4K of the Crimes Act 1914, which deals with continuing and multiple offences, applies to this offence. Penalty: 5 years imprisonment or 300 penalty units, or both. (2) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). (4) In this section: monitoring condition is a mandatory condition that: (a) requires the holder of a Subclass 070 … (Bridging (Removal Pending)) visa to do any of the following things: (i) to notify the Minister or Department of specified matters within a specified period or before or by a specified day;Authorised Version C2023A00093 Schedule 1 Amendments of the Act 6 Migration Amendment (Bridging Visa Conditions) Act 2023 No. 93, 2023 (ii) to report at a specified time or times, and at a specified place or in a specified manner; (iii) to attend at a specified place, on a specified day and at a specified time; and (b) is not a prescribed condition. 76C Offence relating to requirement to remain at notified … address (1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) the visa is subject to a condition requiring the person to remain, between certain times of a day, at a particular address for the person for the day; and (c) the person fails to comply with the requirement of the condition. Penalty: 5 years imprisonment or 300 penalty units, or both. (2) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). 76D Offences relating to monitoring device and related monitoring equipment Requirement to wear monitoring device at all times (1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) the visa is subject to a condition requiring the person to wear a monitoring device at all times; and (c) the person fails to comply with the requirement of the condition. Penalty: 5 years imprisonment or 300 penalty units, or both.Authorised Version C2023A00093 Amendments of the Act Schedule 1 No. 93, 2023 Migration Amendment (Bridging","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-7eab6cd6891eeb445398","countryCode":"AU","country":"Australia","title":"Expanded Permanent Residence Pathways under Temporary Residence Transition (TRT) Stream","policyEffect":"Expands pathways to permanent residence for Temporary Skill Shortage (TSS) Subclass 482 and Subclass 457 visa holders under the Employer Nomination Scheme (ENS) Subclass 186 and RSMS Subclass 187 TRT streams. Reduces the required employer sponsorship period from 3 years in 4 years to 2 years in 3 years, removes the requirement for occupations to be on the Medium and Long-term Strategic Skills List (MLTSSL) for TRT, and removes the limit on onshore Short-Term stream Subclass 482 visa renewals.","operativeDate":"2023-11-25","year":2023,"affectedGroup":"Temporary skilled visa holders (subclasses 482 and 457)","materialConditionsAndExceptions":"Validated condition or limit: Reduces the required employer sponsorship period from 3 years in 4 years to 2 years in 3 years, removes the requirement for occupations to be on the Medium and Long-term Strategic Skills List (MLTSSL) for TRT, and removes the limit on onshore Short-Term stream Subclass 482 visa renewals.","policyCategory":"Labor migration and permanent residency","policyTool":"Delegated legislation","sourceName":"Department of Home Affairs / Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/F2023L01543","preciseCitation":"Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 (F2023L01543) / LIN 23/078.","evidencePassage":")(e) or paragraph 5.19(5)(f) or (g) (as applicable) or any requirement for a different period of time specified for the applicant in an instrument made under subregulation 5.19(6)”, substitute “the requirement in paragraph 5.19(5)(e), or in paragraph 5.19(5)(f) or (g) (as applicable)”. 2 Subparagraphs 5.19(5)(a)(i) to (vi) Repeal the subparagraphs, substitute: (i) a Subclass 457 (Temporary Work (Skilled)) visa; or (ii) a Subclass 482 (Temporary Skill Shortage) visa; or (iii) if the last substantive visa held by the identified person was a visa mentioned in subparagraph (i) or (ii)—a bridging visa granted on the basis that the person is an applicant for a visa mentioned in subparagraph (i) or (ii), a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa; 3 Paragraph 5.19(5)(c) Repeal the paragraph. 4 Paragraph 5.19(5)(e) Omit “4 years”, substitute “3 years”. 5 Paragraph 5.19(5)(e) Omit “3 years”, substitute “2 years”. 6 Subparagraphs 5.19(5)(e)(i) to (iii) Repeal the subparagraphs, substitute: (i) a Subclass 457 (Temporary Work (Skilled)) visa; (ii) a Subclass 482 (Temporary Skill Shortage) visa; 7 Paragraph 5.19(5)(f) Omit “4 years”, substitute “3 years”. 8 Subparagraph 5.19(5)(f)(i) Omit “3 years”, substitute “2 years”. 9 Paragraph 5.19(5)(g) Omit “4 years”, substitute “3 years”. 10 Paragraph 5.19(5)(g) Omit “3 years”, substitute “2 years”.Authorised Version F2023L01543 registered 24/11/2023 Amendments Schedule 1 Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 3 OPC66688 - A 11 Subparagraph 5.19(5)(h)(i) Repeal the subparagraph, substitute: (i) was the standard business sponsor, or the party to a work agreement, who last identified the identified person in a nomination","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-616bd9787cda6f91f672","countryCode":"AU","country":"Australia","title":"Community Safety Order Scheme & Enhanced Bridging Visa Monitoring Measures","policyEffect":"Enacts amendments to the Migration Regulations 1994 regarding Subclass 070 (Bridging (Removal Pending)) visas, updating conditions, application rules, and introducing a 12-month period for specific monitoring and curfew conditions.","operativeDate":"2023-12-08","year":2023,"affectedGroup":"Subclass 070 (bridging (removal pending)) visa holders and eligible non-citizens","materialConditionsAndExceptions":"","policyCategory":"Border enforcement and detention","policyTool":"Primary legislation","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2023L01629/asmade/2023-12-07/text/original/pdf","preciseCitation":"","evidencePassage":"If one or more of the following conditions are imposed on a Subclass 070 (Bridging (Removal Pending)) visa granted to a non-citizen, the visa is subject to those conditions for a period of 12 months from the day the visa is granted: (a) condition 8617; (b) condition 8618; (c) condition 8620; (d) condition 8621. … Regulation 2.25AE, as inserted by that Part, applies in relation to a visa granted before, on or after the commencement of that Part.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp-975805df22b3b79e0552","countryCode":"AU","country":"Australia","title":"Removal of mandatory Workforce Australia advertising for labour market testing","policyEffect":"Removed the mandatory requirement to advertise nominated positions on Workforce Australia as part of labour market testing for subclass 482 and 494 nominations.","operativeDate":"2023-12-11","year":2023,"affectedGroup":"Sponsoring employers and subclass 482 and 494 nominees","materialConditionsAndExceptions":"Validated condition or limit: Removed the mandatory requirement to advertise nominated positions on Workforce Australia as part of labour market testing for subclass 482 and 494 nominations.","policyCategory":"Labour migration / employer compliance","policyTool":"Labour market testing (lmt) rules","sourceName":"Federal Register of Legislation / Department of Home Affairs","sourceUrl":"https://www.legislation.gov.au/F2023L01643/asmade/text","preciseCitation":"Removal of mandatory Workforce Australia advertising for labour market testing","evidencePassage":"e Migration Act; and evidence that LMT has occurred under subsection 140GBA(6A) of the Migration Act for the purposes of subparagraph 140GBA(3)(b)(i) of the Migration Act. 8 The purpose of LIN 23/072 is to amend LIN 18/036 to streamline the LMT requirements by updating the manner in which LMT in relation to a nominated position must be undertaken. 9 In particular, LIN 23/072 removes the requirement in current paragraph 8(3)(a) of the principal instrument to advertise the nominated position on the Workforce Australia website (www.workforceaustralia.gov.au). The methods specified in current subp … 018 is amended as set out in Schedule 1 to the instrument. 20 Item 1 of Schedule 1 to the instrument repeals and substitutes subsection 8(3) of LIN 18/036. It removes the mandatory requirement to advertise nominated positions on the Workforce Australia website (www.workforceaustralia.gov.au). 21 Item 2 of Schedule 1 to the instrument amends LIN 18/036 to insert new subsections 8(6) and (7). It allows for a continuing length of time that LMT is being carried out and continues unbroken for a minimum four week period across two or more overlapping advertisements where applications or expressions … 8/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 (LIN 23/072) apply in relation to a nomination made by a person under subsection 140GB of the Migration Act 1958, where the nomination:Authorised Version F2023L01643 registered 10/12/2023 Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 3 (a) is made on or after the commencement of LIN 23/072; or (b) was made but not decided before the commencement of LIN 23/072.Authorised Version F2023L01643 registered 10/12/2023 … Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 I, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, make the following determination. Dated 8 December 2023 Andrew Giles Minister for Immigration, Citizenship and Multicultural AffairsAuthorised Version F2023L01643 registered 10/12/2023 Authorised Version F2023L01643 registered 10/12/2023 Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 i Contents 1 Name ........................ … vidence of labour market testing) Instrument 2018 2Authorised Version F2023L01643 registered 10/12/2023 Authorised Version F2023L01643 registered 10/12/2023 Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 1 1 Name This instrument is the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023. 2 Commencement This instrument commences on the day after the instrument is registered. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each i","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-113dfff26ad15e89d6f4","countryCode":"AU","country":"Australia","title":"Closure of COVID-19 Pandemic Event Stream (Subclass 408)","policyEffect":"Repeals instrument specifying the COVID-19 Pandemic event stream under the Subclass 408 Temporary Activity visa, formally shutting down the Pandemic event visa to all new applications.","operativeDate":"2024-02-01","year":2024,"affectedGroup":"Temporary visa holders / pandemic entrants","materialConditionsAndExceptions":"","policyCategory":"Visa cancellation / stream closure","policyTool":"Instrument repeal (lin 24 / 003)","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2024L00100/latest/text","preciseCitation":"Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Repeal Instrument (LIN 24/003) 2024 (F2024L00100).","evidencePassage":"13, to the Migrations Regulations 1994. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2024L00100 registered 24/01/2024 2 Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Repeal Instrument (LIN 24/003) 2024 Schedule 1—Repeals Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Instrument (LIN 22/046) 2022 1 The whole of the instrument Repeal the instrument.Authorised Version F2024L00100 registered 24/01/2024","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-549f38240b46a3613cfe","countryCode":"AU","country":"Australia","title":"Increased English Language Requirements for Student and Temporary Graduate Visas","policyEffect":"Raised the minimum English language score requirements and reduced the test certificate validity window for Student (Subclass 500) and Temporary Graduate (Subclass 485) visa applicants. For Subclass 500, the baseline IELTS requirement increased from 5.5 to 6.0 (packaged ELICOS from 4.5 to 5.0). For Subclass 485, minimum IELTS increased from 6.0 to 6.5 (with at least 5.5 in each component) and the test validity window was reduced from 3 years to 1 year. Phase scope: Applies to all Student and Temporary Graduate visa applications lodged on or after 23 March 2024.","operativeDate":"2024-03-23","year":2024,"affectedGroup":"International students and temporary graduate visa applicants","materialConditionsAndExceptions":"Validated condition or limit: Raised the minimum English language score requirements and reduced the test certificate validity window for Student (Subclass 500) and Temporary Graduate (Subclass 485) visa applicants.; For Subclass 500, the baseline IELTS requirement increased from 5.5 to 6.0 (packaged ELICOS from 4.5 to 5.0).; For Subclass 485, minimum IELTS increased from 6.0 to 6.5 (with at least 5.5 in each component) and the test validity window was reduced from 3 years to 1 year.; Phase scope: Applies to all Student and Temporary Graduate visa applications lodged on or after 23 March 2024.","policyCategory":"International education / temporary entry","policyTool":"Language proficiency standards","sourceName":"studyaustralia.gov.au","sourceUrl":"https://studyaustralia.gov.au/ko/tools-and-resources/news/english-language-requirements-changes","preciseCitation":"Study Australia / Department of Home Affairs, 'English Language Requirements changes', 25 March 2024","evidencePassage":"requirements for Student and Temporary Graduate visas. Home chevron_right Tools and resources chevron_right keyboard_return News chevron_right English Language Requirements changes 25 March 2024 share공유하다 mail이메일 print인쇄 As announced in the Migration Strategy released on 11 December 2023, the Australian Government has made changes to English language requirements for Student and Temporary Graduate visas. The new English language requirements apply to all Student and Temporary Graduate visa applications lodged on and after the 23 March 2024. How have the English language requirements changed? … Student Visas The minimum test score for a Student visa has increased from International English Language Testing System (IELTS) score 5.5 to 6.0 (or equivalent). The minimum test score for students undertaking an English Language Intensive Course for Overseas Students (ELICOS) course before their main course of study has increased from IELTS score 4.5 to 5.0 (or equivalent). The minimum test score required for students undertaking university foundation or pathway programs that deliver reputable English language training is IELTS 5.5 (or equivalent). These recognised courses will be listed on … the Department of Home Affairs website. For students studying English only through ELICOS, full time school students, secondary exchange students, and postgraduate research students, there is no change. Temporary Graduate visas (TGV) The minimum test score required for a Temporary Graduate visa has increased from IELTS score 6.0 to 6.5 (or equivalent), with a minimum score of 5.5 for each component of the test (reading, writing, speaking, and listening). Passport holders from Hong Kong and British National Overseas (BNO) are not required to meet this increased minimum English language requirement. The settings for this cohort remains at IELTS 6.0 (or equivalent), with a minimum score of 5.0 for each component of the test (reading, writing, speaking and listening). Applicants must provide evidence that they have completed an English Language test, meeting these requirements, no more than one year immediately before the date of the visa application. Why have English language requirements changed? The new English language requirements will support you to have a positive student experience in Australia and, if you choose to apply for a graduate visa, support you to succeed in the Australian","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp3-5b6b541d31f652e0f580","countryCode":"AU","country":"Australia","title":"Commencement of statutory visa pre-application ballot framework","policyEffect":"Established a legal framework allowing the Minister to conduct visa pre-application selection ballots and regulations to make selection a visa-application validity requirement, excluding designated protection and humanitarian visa classes.","operativeDate":"2024-03-29","year":2024,"affectedGroup":"Applicants for visa classes subject to prescribed ballot criteria","materialConditionsAndExceptions":"Validated condition or limit: Established a legal framework allowing the Minister to conduct visa pre-application selection ballots and regulations to make selection a visa-application validity requirement, excluding designated protection and humanitarian visa classes.","policyCategory":"Regional agreements & permanent settlement","policyTool":"Ballot / quota mechanism","sourceName":"Federal Register of Legislation / Parliament of Australia","sourceUrl":"https://www.legislation.gov.au/C2023A00086/asmade/text","preciseCitation":"Commencement of statutory visa pre-application ballot framework","evidencePassage":"slation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.Authorised Version C2023A00086 Amendments Schedule 1 No. 86, 2023 Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Act 2023 3 Schedule 1—Amendments Migration Act 1958 1 Subsection 5(1) Insert: visa pre-application process charge means charge imposed by the Migration (Visa Pre-application Process) Charge Act 2023. 2 After subsection 46(4) Insert: (4A) W … ithout limiting subsection (3) and paragraph (4)(a), the regulations may prescribe, as a circumstance that must exist for an application for a visa of a specified class to be a valid application, that the applicant was selected in accordance with the applicable visa pre-application process conducted under subsection 46C(1). (4B) However, the regulations cannot prescribe criteria mentioned in subsection (4A) for any of the following visas: (a) protection visas; (b) temporary safe haven visas; (c) visas classified by the regulations as: (i) Refugee and Humanitarian (Class XB) visas; or (ii) Temp … orary (Humanitarian Concern) (Class UO) visas; or (iii) Resolution of Status (Class CD) visas. 3 After section 46B Insert: 46C Visa pre-application process (1) The Minister may arrange for a visa pre-application process to be conducted in relation to one or more visas if regulations are in force prescribing criteria mentioned in subsection 46(4A) for those visas.Authorised Version C2023A00086 Schedule 1 Amendments 4 Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Act 2023 No. 86, 2023 Note: Criteria mentioned in subsection 46(4A) cannot be prescribed for visas me … ntioned in subsection 46(4B). Characteristics of a visa pre-application process (2) A visa pre-application process must involve: (a) the registration of persons as registered participants in the process, so long as those persons meet the eligibility requirements set out in a subsection (14) determination that relates to the process; and (b) registered participants being selected at random. Note 1: This means that: (a) there will be a pool of registered participants in a visa pre-application process; and (b) registered participants will be selected at random from that pool. Note 2: See also sub … OPC66820 - A Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Commencement Proclamation 2024 I, General the Honourable David Hurley AC DSC (Retd), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under item 1 of the table in subsection 2(1) of the Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Act 2023, fix 29 March 2024 as the day on which the whole of that Act commences. Signed and Sealed with the Great Seal of Australia on 14 March 2024 David Hurley Governor-General By","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-f6711cb1d452b415c1f9","countryCode":"AU","country":"Australia","title":"Ministerial Direction No. 110: Character Test Visa Refusal and Cancellation Framework","policyEffect":"Direction No. 110 was executed pursuant to section 499 of the Migration Act 1958, revoking Ministerial Direction No. 99. The direction reformed the mandatory assessment framework for delegates and tribunals deciding visa refusals, cancellations, and revocation of mandatory cancellations under sections 501 and 501CA. It elevated the protection and safety of the Australian community to the primary consideration of highest priority, alongside increased weighting against family violence and serious crimes.","operativeDate":"2024-06-21","year":2024,"affectedGroup":"Non-citizens subject to section 501 character scrutiny","materialConditionsAndExceptions":"","policyCategory":"Border control / deportation / character enforcement","policyTool":"Not stated","sourceName":"homeaffairs.gov.au","sourceUrl":"https://immi.homeaffairs.gov.au/support-subsite/files/ministerial-direction-110.pdf?ref=onenewsaustralia.com","preciseCitation":"Minister for Immigration, Citizenship and Multicultural Affairs, Direction No. 110: Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA, 7 June 2024.","evidencePassage":"DIRECTION NO. 110 MIGRATION ACT 1958 DIRECTION UNDER SECTION 499 Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA I, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, give this Direction under section 499 of the Migration Act 1958. Dated 7 June 2024 Minister for Immigration, Citizenship and Multicultural Affairs Part 1. Preliminary 1. Name of Direction This Direction is 'Direction no. 110 — Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA'. It may be cited as Direction no. 110. 2. Commencement This Direction commences on 21 June 2024. 3. Revocation Direction no. 99, given under section 499 of the Migration Act 1958 (the Act) and commenced on 3 March 2023, is revoked with effect from the date this Direction commences. Page 1 of 24 4. Interpretation Note 1: A number of expressions used in this Direction are defined in section 5 of the Act, including immigration detention, minor, non­ citizen, remove, substantive visa, visa applicant, visa holder. Note 2: The following expressions have the same meaning as in the Act … another reason to revoke the cancellation given the specific circumstances of the case. (4) The purpose of this Direction is to guide decision-makers in performing functions or exercising powers under section 501 and 501CA of the Act. Under section 499(2A) of the Act, such decision-makers must comply with a direction made under section 499. 5.2. Principles The principles below provide the framework within which decision-makers should approach their task of deciding whether to refuse or cancel a non-citizen's visa under section 501, or whether to revoke a mandatory cancellation under section 50 ICA. … The factors (to the extent relevant in the particular case) that must be considered in making a decision under section 501 or section 501CA of the Act are identified in Part 2. (1) Australia has a sovereign right to determine whether non-citizens who are of character concern are allowed to enter and/or remain in Australia. Being able to come to or remain in Australia is a privilege Australia confers on non-citizens in the expectation that they are, and have been, law-abiding, will respect important institutions, such as Australia's law enforcement framework, and will not cause or threaten harm to individuals or the Australian community. (2) The safety of the Australian Community is the highest priority of the Australian Government. (3) Non-citizens who engage or have engaged in criminal or other serious conduct should expect to be denied the privilege of coming to, or to forfeit the privilege of staying in, Australia. (4) The Australian community expects that the Australian Government can and should refuse entry to non-citizens, or cancel their visas, if they engaged in conduct, in Australia or elsewhere, that raises serious character concerns. This expectation of the Australian community … applying the considerations (both primary and other), information and evidence from independent and authoritative sources should be given appropriate weight. (2) The primary consideration at 8.1 below (protection of the Australian community) is generally to be given greater weight than other primary considerations. Otherwise, primary considerations should generally be given greater weight than the other considerations. (3) One or more primary considerations may outweigh other primary considerations. 8. Primary considerations In making a decision under section 501(1), 501(2) or 501CA(4), the following are primary considerations: (1) protection of the Australian community from criminal or other serious conduct; (2) whether the conduct engaged in constituted family violence; (3) the strength, nature and duration of ties to Australia; (4) the best interests of minor children in Australia; (5) expectations of the Australian community. Page 5 of 24 8.1. Protection of the Australian community (1) When considering protection of the Australian community, decision-makers should keep in mind that the safety of the Australian community is the highest priority of the Australian Government. To that","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-cc26ad930002e4c70c3b","countryCode":"AU","country":"Australia","title":"Enhanced Labour Market Mobility and Extended Work Cessation Period","policyEffect":"Amends visa conditions (such as 8107, 8607, and 8608) to provide holders of Subclasses 457, 482 (Temporary Skill Shortage), and 494 visas up to 180 consecutive days (and up to 365 cumulative days across the visa term) to cease employment with their sponsor without breaching conditions, allowing them to work for other employers or in different occupations while seeking a new sponsor.","operativeDate":"2024-07-01","year":2024,"affectedGroup":"Temporary skilled migrant workers","materialConditionsAndExceptions":"Validated condition or limit: Amends visa conditions (such as 8107, 8607, and 8608) to provide holders of Subclasses 457, 482 (Temporary Skill Shortage), and 494 visas up to 180 consecutive days (and up to 365 cumulative days across the visa term) to cease employment with their sponsor without breaching conditions, allowing them to work for other employers or in different occupations while seeking a new sponsor.","policyCategory":"In-country work rights / post-entry flexibility","policyTool":"Visa conditions amendment (conditions 8107, 8607, 8608)","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2024L00776/latest/text","preciseCitation":"Migration Amendment (Work Related Visa Conditions) Regulations 2024 (F2024L00776).","evidencePassage":"repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2024L00776 registered 25/06/2024 Schedule 1 Amendments 2 Migration Amendment (Work Related Visa Conditions) Regulations 2024 OPC66894 - A Schedule 1—Amendments Migration Regulations 1994 1 Paragraph 8107(3)(b) of Schedule 8 Repeal the paragraph, substitute: (b) the holder may cease to work in accordance with paragraph (a) for a period, but: (i) any such period must not exceed 180 consecutive days; and (ii) the total number of days on which the holder does not work in accordance with paragraph (a) must not exceed 365 during the visa period for the holder’s visa; and 2 Subclause 8607(5) of Schedule 8 Repeal the subclause, substitute: (5) The holder may cease to work in accordance with subclauses (1) and (2) for a period, but: (a) any such period must not exceed 180 consecutive days; and (b) the total number of days on which the holder does not work in accordance with subclauses (1) and (2) must not exceed 365 during the visa period for the holder’s visa. 3 Subclause 8608(5) of Schedule 8 Repeal the subclause, … substitute: (5) The holder may cease to work in accordance with subclauses (1) and (2) for a period, but: (a) any such period must not exceed 180 consecutive days; and (b) the total number of days on which the holder does not work in accordance with subclauses (1) and (2) must not exceed 365 during the visa period for the holder’s visa. 4 In the appropriate position in Schedule 13 Insert: Part 132—Amendments made by the Migration Amendment (Work Related Visa Conditions) Regulations 2024 13201 Operation of amendment (1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4dd95066086809c3d05e","countryCode":"AU","country":"Australia","title":"Migration Amendment (Strengthening Employer Compliance Act) 2024","policyEffect":"Introduced civil and criminal penalties to combat temporary migrant worker exploitation in Australia. This includes criminal offenses for exploiting a worker based on their visa status and establishing a prohibition measure to ban non-compliant employers from hiring additional temporary migrant workers.","operativeDate":"2024-07-01","year":2024,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Work","policyTool":"Enforcement","sourceName":"immi.homeaffairs.gov.au","sourceUrl":"https://immi.homeaffairs.gov.au/employer-subsite/files/strengthening-the-law-to-tackle-migrant-worker-exploitation.PDF","preciseCitation":"immi.homeaffairs.gov.au. Migration Amendment (Strengthening Employer Compliance Act) 2024. Effective 2024-07-01.; Parliament of Australia, Migration Amendment (Strengthening Employer Compliance) Act 2024, Act No. 1 of 2024.; Migration Amendment (Strengthening Employer Compliance) Act 2024 (Act No. 12, 2024).","evidencePassage":"person contravenes subsection (1). Note: It is not necessary to prove a person’s state of mind in proceedings for a civil penalty order (see section 486ZF). Civil penalty: 240 penalty units. 245AAC Coercing etc. a lawful non-citizen to work—adverse effect on status etc. (1) A person (the first person) contravenes this subsection if: (a) the first person coerces, or exerts undue influence or undue pressure on, another person (the worker) to accept or agree to an arrangement in relation to work; andAuthorised Version C2024A00001 registered 22/02/2024 Schedule 1 Amendments Part 1 New employer sanctions 6 Migration Amendment (Strengthening Employer Compliance) Act 2024 No. 1, 2024 (b) the worker is a lawful non-citizen (other than a holder of a permanent visa); and (c) the work is done, or is to be done, by the worker in Australia, whether for the first person or someone else; and (d) the first person’s conduct mentioned in paragraph (a) results in the worker believing that, if the worker does not accept or agree to the arrangement: (i) there will be an adverse effect on the worker’s status as a lawful non-citizen; or (ii) the worker will be unable to provide information or documents about work the worker has done in Australia that the worker is required, under this Act or the regulations, to provide in connection with a visa held by the worker or an application for a visa by the worker. Note: For the meaning of arrangement in relation to work, see section 245AGA. Offence (2) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection. Penalty: Imprisonment for 2 years or 360 penalty units, or both. (3) For the purposes of subsection (2), the fault element for paragraphs (1)(b), (c) and (d) is knowledge … than holders of permanent visas) of making such a declaration; and (d) encouraging employers to demonstrate their ability to: (i) remediate their non-compliance; and (ii) comply with the law relating to migrant worker sanctions in the future. 245AYA Overview (1) This Subdivision provides for the Minister to declare a person to be a prohibited employer for a specified period if: (a) the person is subject to a migrant worker sanction; and (b) no more than 5 years have passed since the person became subject to that sanction. (2) Sections 245AYE to 245AYJ set out when a person is subject to a migrant worker sanction. (3) While a declaration is in effect, a prohibited employer must not: (a) allow certain additional non-citizens to begin work; or (b) have a material role in a decision made by a body corporate or other body to allow certain additional non-citizens to begin work. (4) After a person stops being a prohibited employer, the person must give the Department specified information about certain lawfulAuthorised Version C2024A00001 registered 22/02/2024 Schedule 1 Amendments Part 2 Prohibited employers 10 Migration Amendment (Strengthening Employer Compliance) Act 2024 No. 1, 2024 … prohibited employer. Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires that people whose interests are affected by the Minister’s decision be given notice of their rights to seek review of the decision. 245AYL Prohibition on allowing additional non-citizens to begin work (1) A person (the first person) contravenes this subsection if: (a) the first person is a prohibited employer at a particular time; and (b) either:Authorised Version C2024A00001 registered 22/02/2024 Amendments Schedule 1 Prohibited employers Part 2 No. 1, 2024 Migration Amendment (Strengthening Employer Compliance) Act 2024 23 (i) the first person allows a non-citizen to begin work at that time; or (ii) the first person has a material role in a decision made by a body corporate or other body to allow a non-citizen to begin work at that time; and (c) at that time, the non-citizen is either: (i) an unlawful non-citizen; or (ii) a lawful non-citizen (other than a holder of a permanent visa). Offence (2) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection. Penalty: Imprisonment for 2 years or 360 penalty units, or both … work-related breaches Migration Act 1958 13 Subsection 140Q(1) (penalty) Repeal the penalty, substitute: Civil penalty: (a) if the person is an approved work sponsor—240 penalty units; or (b) in any other case—60 penalty units. 14 Subsection 140Q(2) (penalty) Repeal the penalty, substitute: Civil penalty: 240 penalty units. 15 Subsection 245AB(3) Repeal the subsection, substitute: Offence (3) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). Penalty: Imprisonment for 2 years or 360 penalty units, or both. 16 Subsection 245AB(5) Repeal the subsection, substitute: Civil penalty provision (5) A person is liable to a civil penalty if the person contravenes subsection (1).Authorised Version C2024A00001 registered 22/02/2024 Amendments Schedule 1 Aligning and increasing penalties for work-related breaches Part 3 No. 1, 2024 Migration Amendment (Strengthening Employer Compliance) Act 2024 29 Note: It is not necessary to prove a person’s state of mind in proceedings for a","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4dbcbaa4a784f3d6d038","countryCode":"AU","country":"Australia","title":"Removal of Specified Work Requirements for UK Working Holiday Visa Holders","policyEffect":"Removed the obligation for British passport holders to carry out \"specified work\" (such as regional/agricultural labour) in order to qualify for a second or third Working Holiday (Subclass 417) visa.","operativeDate":"2024-07-01","year":2024,"affectedGroup":"Working holiday makers","materialConditionsAndExceptions":"","policyCategory":"Admission / post-entry rights","policyTool":"Work requirement exemptions","sourceName":"Australian Department of Home Affairs","sourceUrl":"https://immi.homeaffairs.gov.au/what-we-do/whm-program","preciseCitation":"Migration Amendment Regulations / UK-Australia Free Trade Agreement arrangements.; Department of Home Affairs, \"Working Holiday (subclass 417) visa arrangements for UK passport holders,\" July 2024.","evidencePassage":"arrangements for UK passport holders Australia and the UK have agreed to new arrangements under the Working Holiday Maker (WHM) program and Youth Mobility Scheme following entry into force of the Australia-Un​ited Kingdom Free Trade Agreement (Australia-UK FTA)​​.​ Commencement of these arrangementsFrom 1 July 202​​3 UK passport holders can apply for a Working Holiday visa between the ages of 18 and 35 years inclusive. From 1 July 2024​​ UK passport holders can be granted up to three separate Working Holiday visas without having to meet any specified work requirements. These arrangements apply … From 1 July 2023, the eligible age for UK applicants for Working Holiday (subclass 417) is 18 to 35 years inclusive. UK passport holders can lodge an application for any Working Holiday (subclass 417) visa until midnight (Australian Eastern Standard Time) on the day before their 36th birthday. Removal of ‘specified work’ requirements To be eligible for a second or third Working Holiday visa, applicants must show that they have completed at least three or six months of ‘specified work’. UK passport holders, including those who previously entered Australia on a Working Holiday (subclass 417) visa using a different eligible passport (for example, from the Republic of Ireland), do not have to meet the specified subclass 417 work requirement when applying for a second or third Working Holiday visa on or after 1 July 2024. Maximum stay of three years Working Holiday visa holders can currently stay three years in Australia. This stay consists of three separate visas granted for 12 months each (not counting any 'COVID-19 affected visa'). These arrangements have not changed. UK passport holders can choose to apply for a first, second and third Working Holiday (subclass 417) visa at any time while","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-19702d5e6891301b855f","countryCode":"AU","country":"Australia","title":"Closure of the Business Innovation and Investment Program (BIIP) (Subclass 188)","policyEffect":"The Business Innovation and Investment Program (Subclass 188) was formally closed to all new applications [search_result]. The Government announced refund arrangements for unfinalized applicants wishing to withdraw.","operativeDate":"2024-07-31","year":2024,"affectedGroup":"Business/investor migrants","materialConditionsAndExceptions":"","policyCategory":"Business and investment migration","policyTool":"Program abolition / visa stream closure","sourceName":"Department of Home Affairs [search_result]","sourceUrl":"https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/business-innovation-and-investment-188","preciseCitation":"Department of Home Affairs, \"Closure of the Business Innovation and Investment Program (BIIP),\" July 2024 [search_result].","evidencePassage":"BIIP closure and refunds Skip to navigation Skip to main content Loading  Select language English You have entered feedback mode. Right click on translated text to report Menu  Menu Home Affairs Portfolio Immigration and citizenship Search pop-up content starts  Back Search Search Popular searches Your previous searches pop-up content ends ​​ ImmiAccount Visa Entitlement Verification Online (VEVO) My Tourist Refund Scheme (TRS) ​ BIIP closure and refunds Page Content ​​​​​​​​​​​​​​The Business Innovation and Investment Program (BIIP) closed permanently to new applications on 31 July 2024.​ … We will continue to process applications made before this date in line with the permanent Migration Program planning levels and skilled visa processing priorities.​ Visa Application Charge refunds​ You may be able to get a refund of the Business Innovation and Investment (subclass 188) Visa Application Charge (VAC) if you withdraw your application on or after 31 July 2024. Refunds are available for these streams: Business Innovation Investor Significant Investor Entrepreneur Refunds are not available for these streams: Business Innovation Extension ​Significant Investor Extension.​ Refunds are","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-f3cd9af1dcea4b641cbf","countryCode":"AU","country":"Australia","title":"Mobility Arrangement for Talented Early-professionals Scheme (MATES) Stream","policyEffect":"Establishes the Mobility Arrangement for Talented Early-professionals Scheme (MATES) stream within the Subclass 403 (Temporary Work (International Relations)) visa for eligible Indian graduates and early career professionals. Applicants must be outside Australia when applying, hold a valid passport issued by the Republic of India, and must not currently or previously have been in Australia as a Subclass 403 visa holder in the MATES stream. Additional requirements include being a selected participant for a visa pre-application process, being between 18 and 30 years old at the beginning of the registration open period, graduating from a specified foreign educational institution within 2 years of the beginning of the registration open period, and applying on or before the date specified in the notice of selection. Applicants must hold a qualification of a specified kind related to a specified industry conferred by a specified foreign educational institution, satisfy specified language test requirements or English language proficiency, and meet public interest criteria 4005 and 4019. The visa permits travel to and entry into Australia within 12 months of grant, and a stay of 24 months after first entry. Visas are subject to mandatory conditions 8303, 8501, and 8516, with discretionary conditions 8301, 8502, 8503, 8525, and 8526.","operativeDate":"2024-11-12","year":2024,"affectedGroup":"Eligible indian graduates and early career professionals in designated fields holding a valid passport issued by the republic of india.","materialConditionsAndExceptions":"Validated condition or limit: Establishes the Mobility Arrangement for Talented Early-professionals Scheme (MATES) stream within the Subclass 403 (Temporary Work (International Relations)) visa for eligible Indian graduates and early career professionals.; Applicants must be outside Australia when applying, hold a valid passport issued by the Republic of India, and must not currently or previously have been in Australia as a Subclass 403 visa holder in the MATES stream.; Additional requirements include being a selected participant for a visa pre-application process, being between 18 and 30 years old at the beginning of the registration open period, graduating from a specified foreign educational institution within 2 years of the beginning of the registration open period, and applying on or before the date specified in the notice of selection.; Applicants must hold a qualification of a specified kind related to a…","policyCategory":"Bilateral mobility agreements / temporary skilled work","policyTool":"Subclass 403 mates stream","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2024L01424/asmade/2024-11-07/text/original/pdf","preciseCitation":"Migration Amendment (Mobility Arrangements for Talented Early-professionals Scheme) Regulations 2024 (F2024L01424).","evidencePassage":"If an applicant is seeking to satisfy the primary criteria for a Subclass 403 (Temporary Work (International Relations)) visa in the Mobility Arrangement for Talented Early-professionals Scheme stream … the applicant holds a valid passport issued by the Republic of India … The applicant is a selected participant for a visa pre-application process (the relevant process) conducted in relation to: (a) the Subclass 403 (Temporary Work (International Relations)) visa in the Mobility Arrangement for Talented Early-professionals Scheme stream; and (b) the Republic of India … At the beginning of the registration open period for the relevant process, the applicant was at least 18 and no more than 30 … The applicant: (a) must have graduated from a foreign educational institution specified by the Minister in an instrument in writing for the purposes of this table item; and (b) must have so graduated within 2 years of the beginning of the registration open period for the relevant process … For a Subclass 403 visa in the Mobility Arrangement for Talented Early-professionals Scheme stream—temporary visa permitting the holder: (a) to travel to and enter Australia, within 12 months after the date of the grant of the visa; and (b) to remain in Australia for 24 months after first entry. … (2) The visa is subject to conditions 8303, 8501 and 8516. (3) Conditions 8301, 8502, 8503, 8525 and 8526 may be imposed.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-813c1a059734cb34235f","countryCode":"AU","country":"Australia","title":"Nil Visa Application Charge (VAC) for Pacific Australia Card Holders (LIN 25/007)","policyEffect":"Legislative Instrument LIN 25/007 specifies that holders of a valid Pacific Australia Card issued by the Government of Australia are in a specified class of persons for a nil Visa Application Charge (VAC) for the first instalment when applying outside Australia for a Subclass 600 (Visitor) visa in either the Tourist stream or the Business Visitor stream.","operativeDate":"2025-03-22","year":2025,"affectedGroup":"Holders of a valid pacific australia card seeking a subclass 600 (visitor) visa in the tourist or business visitor stream while outside australia","materialConditionsAndExceptions":"","policyCategory":"Entry / short-stay & regional mobility","policyTool":"Visa fee waiver / exemption","sourceName":"Federal Register of Legislation / Department of Home Affairs","sourceUrl":"https://www.legislation.gov.au/F2025L00364/asmade/2025-03-13/text/original/pdf","preciseCitation":"Australian Government, Migration (Class of Persons for Nil VAC for Subclass 600 (Visitor) Visa Applications—Pacific Australia Card Holders) Specification 2025 (LIN 25/007) (16 March 2025).","evidencePassage":"5 Class of persons for nil VAC—Subclass 600 (Visitor) visa For subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations, a person (the applicant) is specified to be in a class of persons if: (a) the person holds a valid Pacific Australia Card; and (b) the person seeks to satisfy the primary criteria for the grant of a Subclass 600 (Visitor) visa: (i) in the Tourist stream as set out in Subdivision 600.22 of Schedule 2 to the Migration Regulations; or (ii) in the Business Visitor stream as set out in Subdivision 600.24 of Schedule 2 to the Migration Regulations; and (c) the person is outside Australia at the time of application.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-79de104031f81a438581","countryCode":"AU","country":"Australia","title":"Establishment of Subclass 192 (Pacific Engagement) Treaty Stream (Australia-Tuvalu Falepili Union)","policyEffect":"Amends the Migration Regulations 1994 to implement Article 3 of the Australia-Tuvalu Falepili Union Treaty by creating two streams in the Subclass 192 (Pacific Engagement) visa: the Pacific Engagement stream and a dedicated permanent Treaty stream for eligible citizens of Tuvalu (with an annual allocation allowing unrestricted work and study in Australia).","operativeDate":"2025-05-01","year":2025,"affectedGroup":"Nationals of tuvalu","materialConditionsAndExceptions":"Validated condition or limit: Amends the Migration Regulations 1994 to implement Article 3 of the Australia-Tuvalu Falepili Union Treaty by creating two streams in the Subclass 192 (Pacific Engagement) visa: the Pacific Engagement stream and a dedicated permanent Treaty stream for eligible citizens of Tuvalu (with an annual allocation allowing unrestricted work and study in Australia).","policyCategory":"Permanent residence / legal entry / humanitarian-bilateral","policyTool":"Not stated","sourceName":"Federal Register of Legislation (Office of Parliamentary Counsel, Australia)","sourceUrl":"https://www.legislation.gov.au/F2025L00183/latest/text","preciseCitation":"Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 (Select Legislative Instrument / FRL No. F2025L00183)","evidencePassage":"this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2025L00183 registered 21/02/2025 Schedule 1 Amendments 2 Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 OPC67236 - B Schedule 1—Amendments Migration Regulations 1994 1 Paragraph 1140(2)(a) of Schedule 1 Repeal the paragraph, substitute: (a) first instalment (payable at the time the application is made): (i) for: (A) an applicant seeking to satisfy the primary criteria for the grant of a Subclass 192 (Pacific Engagement) visa in the Pacific Engagement stream; or (B) an applicant seeking to satisfy the secondary criteria for the grant of a Subclass 192 (Pacific Engagement) visa whose application is combined, or sought to be combined, with an application made by that person: First instalment Item Component Amount 1 Base application charge $325 2 Additional applicant charge for an applicant who is at least 18 $80 3 Additional applicant charge for an applicant who is less than 18 $80 (ii) for: (A) an applicant seeking to satisfy the primary criteria for the grant of a Subclass 192 (Pacific Engagement) visa in the Treaty stream; or (B) an applicant seeking to satisfy the secondary criteria for the grant of a Subclass 192 (Pacific Engagement) visa whose application is combined, or sought to be combined, with an application made by that person: First instalment Item Component Amount 1 Base application charge $200 2 Additional applicant charge for an applicant who is at least 18 $50 3 Additional applicant charge for an applicant who is less than 18 $50 Note: Regulation 2.12C explains the components of the first instalment of visa application charge … ) visa in the Treaty stream must meet the requirements in the following table. Requirements Item Requirements 1 The applicant is a selected participant for a visa pre-application process (the relevant process) conducted in relation to: (a) the Subclass 192 (Pacific Engagement) visa in the Treaty stream; and (b) a country that issued the applicant with a valid passport 2 At the beginning of the registration open period for the relevant process, the applicant must be aged at least 18 3 At the time of registration of the applicant as a registered participant in the relevant process, the applicant … held a valid passport issued by the country to which the relevant process relates 4 All of the following: (a) the applicant, a parent of the applicant or a grandparent of the applicant was born in the country to which the relevant process relates; (b) the applicant is a citizen of that country and that citizenship was not obtained due to an investment to that country; (c) the applicant is not a citizen of New ZealandAuthorised Version F2025L00183 registered 21/02/2025 Schedule 1 Amendments 4 Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 OPC67236 - B Requirements … this paragraph; (c) a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph. Note: For Medical Officer of the Commonwealth, see regulation 1.03. 11 Division 192.2 of Schedule 2 Repeal the Division, substitute: Division 192.2—Primary criteria Note: The primary criteria for the grant of a Subclass 192 visa include criteria set out in streams. If an applicant applies for a Subclass 192 visa in the Pacific Engagement stream, the criteria in Subdivisions 192.21 and 192.22 are the primary criteria for the grant of the visa. If an applicant applies … for a Subclass 192 visa in the Treaty stream, the criteria in Subdivisions 192.21 and 192.23 are the primary criteria for the grant of the visa. The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. All criteria must be satisfied at the time a decision is made on the application. 192.21—Common criteria Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 192 visa. 192.211 The applicant has complied … person to undergo assessment in relation to the criterion. 192.23—Criteria for Treaty stream Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 192 visa in the Treaty stream.Authorised Version F2025L00183 registered 21/02/2025 Schedule 1 Amendments 8 Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 OPC67236 - B 192.231 The applicant has undergone a medical examination carried out by a relevant medical practitioner, unless a Medical Officer of the Commonwealth decides otherwise. 192.232 The applicant has undergone … satisfy the primary criteria for the grant of a Subclass 192 visa in the Treaty stream; each member of the family unit of the secondary applicant who is an applicant for a Subclass 192 visa satisfies the criteria in clauses 192.231 to 192.235. 16 Clause 192.511 of Schedule 2 Repeal the clause, substitute: 192.511 (1) In the case of a visa granted to a person on the basis of the person satisfying: (a) the criteria in Subdivisions 192.21 and 192.23; or (b) the criteria in Division 192.3, if the visa was granted because the person met the requirements of clause 192.311 in relation to: (i) a primary","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-772650da25de7ac7a208","countryCode":"AU","country":"Australia","title":"Pre-Application Process and Selection Rules for Subclass 192 Visa (Treaty Stream)","policyEffect":"Establishes the rules for the conduct of the visa pre-application process (ballot registration framework) for a Subclass 192 (Pacific Engagement) visa in the Treaty stream.","operativeDate":"2025-05-01","year":2025,"affectedGroup":"Persons registering for a treaty stream visa pre-application process who hold a valid passport of the related country, are aged at least 18 at the beginning of the registration open period, have a birthplace connection to the country, are citizens not via investment, and are not new zealand citizens.","materialConditionsAndExceptions":"","policyCategory":"Legal entry / administration","policyTool":"Not stated","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2025L00249/asmade/2025-02-25/text/original/pdf","preciseCitation":"","evidencePassage":"For the purposes of subsection 46C(14) of the Act, this Part sets out the rules that apply in relation to the conduct of a visa pre-application process that is specified in section 6. … The eligibility requirements for registration of a person as a registered participant in a particular Treaty stream visa pre-application process are all of the following: (a) the person holds a valid passport issued by the country to which that process relates; (b) at the beginning of the registration open period for that process, the person is aged at least 18; (c) the person, or a parent of the person, or a grandparent of the person, was born in the country to which that process relates; (d) the person is a citizen of the country to which that process relates and that citizenship was not obtained due to an investment to that country; (e) the person is not a citizen of New Zealand.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-e0a48311a441fc739948","countryCode":"AU","country":"Australia","title":"Indexation of Skilled Visa Income Thresholds (TSMIT) via LIN 25/038","policyEffect":"Annual indexation of the TSMIT threshold from AUD 73,150 to AUD 76,515 applying in relation to an application for the approval of a nomination made on or after 1 July 2025.","operativeDate":"2025-07-01","year":2025,"affectedGroup":"Applicants for the approval of a nomination made on or after 1 july 2025","materialConditionsAndExceptions":"Validated condition or limit: Annual indexation of the TSMIT threshold from AUD 73,150 to AUD 76,515 applying in relation to an application for the approval of a nomination made on or after 1 July 2025.","policyCategory":"Labour migration","policyTool":"Wage and income requirement","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2025L00731/asmade/2025-06-19/text/original/pdf","preciseCitation":"https://www.legislation.gov.au/F2025L00731/asmade/2025-06-19/text/original/pdf; https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/nominating-a-position/salary-requirements","evidencePassage":"1 Section 6 Omit “AUD 73,150”, substitute “AUD 76,515”. … 13 Application of amendments made by LIN 25/038 The amendments made by Schedule 1 to the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (Annual TSMIT Increase) Instrument 2025 apply in relation to an application for the approval of a nomination made on or after 1 July 2025.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-a8a561c998a2b3d98385","countryCode":"AU","country":"Australia","title":"Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment (Internet Lodgement) Instrument 2025","policyEffect":"Enables digital internet-based lodgement of Subclass 202 (Global Special Humanitarian) visa applications under the Special Humanitarian Program (SHP).","operativeDate":"2025-07-01","year":2025,"affectedGroup":"Special humanitarian program applicants","materialConditionsAndExceptions":"","policyCategory":"Humanitarian and asylum","policyTool":"Application procedure / digital processing","sourceName":"Department of Home Affairs","sourceUrl":"https://www.legislation.gov.au/F2025L00750/latest/text","preciseCitation":"Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment (Internet Lodgement) Instrument 2025, Department of Home Affairs.; Federal Register of Legislation, Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment (Internet Lodgement) Instrument 2025 (LIN 25/050 / F2025L00750).","evidencePassage":"Instrument 2025 Schedule 1—Amendments Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020 1 Section 8 (table item 1) Repeal the table item, substitute: 1 An applicant whose entry to Australia has been proposed in accordance with approved form 681 842 (Internet) and 681 (Internet) (a) The application must be made as an Internet application; (b) If the application cannot be made in accordance with paragraph (a) and the Department has given written notice authorising the person to do so, it can be made using form 842 and 681 and: (i) posted with sufficient prepaid postage, to: Special Humanitarian Processing Centre Department of Home Affairs GPO Box 9984 SYDNEY NSW 2001; or (ii) made via the online portal at the following address: https://www.homeaffairs.gov.au/humvisaapplic ation 1A An applicant whose entry to Australia has been proposed in accordance with approved form 1417 842 and 1417 Application must be: (a) posted with sufficient prepaid postage to: Special Humanitarian Processing Centre Department of Home Affairs GPO Box 9984 SYDNEY NSW 2001; or (b) made via the online portal at the following address: https://www.homeaffairs.gov.au/humvisaapplicationAuthorised","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4e629841e119a61bfd13","countryCode":"AU","country":"Australia","title":"Revised English Language Proficiency Benchmarks and Approved Tests (LIN 25/016)","policyEffect":"Updates and specifies the accepted English language test providers and scores across four proficiency bands (Vocational, Competent, Proficient, Superior) under the Migration Regulations 1994, repealing instrument IMMI 15/005. The instrument applies to visa applications made on or after commencement on 7 August 2025 and specifies transitional provisions for tests undertaken in the 36-month period before application and before commencement. It specifies approved tests including C1 Advanced, CELPIP General, IELTS Academic, IELTS General Training, LANGUAGECERT Academic, MET, OET, PTE Academic, and TOEFL iBT, subject to specific exclusions per band (such as C1 Advanced excluded from Vocational, and MET excluded from Superior). It also specifies exempt passport-issuing countries: Canada, New Zealand, the Republic of Ireland, the United Kingdom of Great Britain and Northern Ireland, and the United States of America.","operativeDate":"2025-08-07","year":2025,"affectedGroup":"Visa applicants subject to english language proficiency requirements under the migration regulations 1994","materialConditionsAndExceptions":"Validated condition or limit: The instrument applies to visa applications made on or after commencement on 7 August 2025 and specifies transitional provisions for tests undertaken in the 36-month period before application and before commencement.; It specifies approved tests including C1 Advanced, CELPIP General, IELTS Academic, IELTS General Training, LANGUAGECERT Academic, MET, OET, PTE Academic, and TOEFL iBT, subject to specific exclusions per band (such as C1 Advanced excluded from Vocational, and MET excluded from Superior).; It also specifies exempt passport-issuing countries: Canada, New Zealand, the Republic of Ireland, the United Kingdom of Great Britain and Northern Ireland, and the United States of America.","policyCategory":"Skilled migration / criteria & qualifications","policyTool":"Not stated","sourceName":"Federal Register of Legislation (Department of Home Affairs, Australia)","sourceUrl":"https://www.legislation.gov.au/F2025L00905/asmade/2025-08-05/text/original/pdf","preciseCitation":"Migration (Specification of Language Tests, Test Scores and Passports) Instrument 2025 (LIN 25/016 / FRL No. F2025L00905)","evidencePassage":"This instrument is the Migration (Specification of Language Tests, Test Scores and Passports) Instrument 2025. … Migration Regulations 1994 – Specification of Language Tests, Score and Passports 2015 – IMMI 15/005 1 The whole of the instrument Repeal the instrument. … Schedule 3—Specified passports Item Country 1 Canada 2 New Zealand 3 The Republic of Ireland 4 The United Kingdom of Great Britain and Northern Ireland 5 The United States of AmericaAuthorised","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b34a61dd1de3859f7a94","countryCode":"AU","country":"Australia","title":"Specification of English Language Proficiency Requirements for Subclass 500 (Student) Visas (LIN 25/090)","policyEffect":"Formally sets out the approved English language tests, minimum scores, and exempt categories required to satisfy primary grant criteria for Subclass 500 (Student) visa applications.","operativeDate":"2025-08-07","year":2025,"affectedGroup":"International students","materialConditionsAndExceptions":"Validated condition or limit: Formally sets out the approved English language tests, minimum scores, and exempt categories required to satisfy primary grant criteria for Subclass 500 (Student) visa applications.","policyCategory":"International students / entry requirements","policyTool":"Not stated","sourceName":"Federal Register of Legislation (Department of Home Affairs, Australia)","sourceUrl":"https://www.legislation.gov.au/F2025L00906/latest/text","preciseCitation":"Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas) Instrument 2025 (LIN 25/090 / FRL No. F2025L00906)","evidencePassage":"Subclass 500 (Student) visa 6 English language test requirements (1) For the purposes of subclause 500.213(1) of Schedule 2 to the Regulations, the following requirements are specified: (a) the visa applicant must undertake one of the following approved English language tests: (i) Cambridge Advanced Test (C1 Advance); (ii) Canadian English Language Proficiency Index Program General (CELPIP General); (iii) International English Language Test System (IELTS) Academic (IELTS Academic); (iv) International English Language Test System (IELTS) General Training. (IELTS General Training); (v) LANGUAGECERT Academic Test (LANGUAGECERT Academic); (vi) Michigan English Test (MET); (vii) Occupational English Test (OET); (viii) Pearson Test of English Academic (PTE Academic); (ix) Test of English as a Foreign Language internet-Based Test (TOEFL iBT); and (b) the visa applicant must have undertaken the test within the following period: (i) if evidence of the test is provided at the time the visa applicant makes an application for a Subclass 500 (Student) visa—the 2 year period immediately before the day on which the visa application is made; or (ii) if evidence of the test is not provided at the time the visa application is made—the 2 year period immediately before the day on which a decision to grant or refuse to grant the visa is made; and (iii) the visa applicant meets the requirements in subsection (2), (3) or (4). (2) The visa applicant achieved the required minimum English language test score specified in Column 2 of an item in the table in Schedule 1. (3) If the visa applicant is enrolled in: (a) at least 10 weeks of an ELICOS that accompanies a principal course and that is intended to commence after the Subclass 500 (Student) visa application was made; or (b) a standard foundation program; or (c) an extended foundation program; or (d) a registered course that is specified in an item in the table in Schedule 2 (an eligible pathway program); and Note: Registered course is defined in regulation 1.03 of the Migration Regulations 1994.Authorised Version F2025L00906 registered 06/08/2025 4 Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas) Instrument 2025 the applicant achieved the required minimum English language test score specified in Column 3 of an item in the table in Schedule 1, unless the test was a C1 Advanced. (4) If the … visa applicant is enrolled in: (a) at least 20 weeks of an ELICOS that accompanies a principal course; and (b) that principal course is intended to commence after the Subclass 500 (Student) visa application was made; the visa applicant achieved the required minimum English language test score specified in Column 4 of an item in the table in Schedule 1, unless the test was a C1 Advanced. 7 English language test requirements do not apply (1) For the purpose of subclause 500.213(2) of Schedule 2 to the Regulations, subclause 500.213(1) of Schedule 2 to the Regulations does not apply to the following","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0a65a4d1fc59d513ee22","countryCode":"AU","country":"Australia","title":"Specification of Medical Assessment Matrix for Public Interest Criteria (LIN 25/049)","policyEffect":"Repeals and replaces the health matrix instrument to specify mandatory immigration medical assessments, authorized medical examiners, and required health exams necessary to satisfy Public Interest Criteria (PIC) 4005 and 4007 according to country of origin, stay duration, and intended activity.","operativeDate":"2025-11-29","year":2025,"affectedGroup":"Temporary and permanent visa applicants","materialConditionsAndExceptions":"Validated condition or limit: Repeals and replaces the health matrix instrument to specify mandatory immigration medical assessments, authorized medical examiners, and required health exams necessary to satisfy Public Interest Criteria (PIC) 4005 and 4007 according to country of origin, stay duration, and intended activity.","policyCategory":"Border & health screening / eligibility","policyTool":"Not stated","sourceName":"Federal Register of Legislation (Department of Home Affairs, Australia)","sourceUrl":"https://www.legislation.gov.au/F2025L01437/asmade/text","preciseCitation":"Migration (Specification of Required Medical Assessment) Instrument 2025 (LIN 25/049 / FRL No. F2025L01437)","evidencePassage":"hepatitis B risk countries and jurisdictions 14 Schedule 6—Repeals 16 Migration Regulations 1994 –Specification of Required Medical Assessment – IMMI 15/144 16Authorised Version F2025L01437 registered 27/11/2025 Authorised Version F2025L01437 registered 27/11/2025 Migration (Specification of Required Medical Assessment) Instrument 2025 1 1 Name This instrument is the Migration (Specification of Required Medical Assessment) Instrument 2025. 2 Commencement This instrument commences on 29 November 2025. 3 Authority This instrument is made under paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 … to the Migration Regulations 1994. 4 Definitions In this instrument: high hepatitis B risk jurisdiction means a country or jurisdiction not mentioned in Schedule 5. panel physician means a doctor or radiologist who: (a) is outside Australia; and (b) provides medical assessment services for visa applicants for purposes under the Migration Act 1958 and the Regulations; and (c) provides those services on the basis that the doctor or radiologist either: (i) has entered into and continues to be a party to an arrangement with the Department to provide the services as part of the Australian Panel Physician … and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2025L01437 registered 27/11/2025 2 Migration (Specification of Required Medical Assessment) Instrument 2025 6 Specified classes of person required to undertake medical assessment For paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Regulations, the following classes of person are specified: (a) a person who: (i) is a citizen of a country or jurisdiction; or (ii) has spent 3 or more consecutive months during the last 5 years in one or more countries or jurisdictions; where the country or jurisdiction is listed in column 1 of the table in Schedule 1 to this instrument; (b) a person who: (i) is a citizen of a country or jurisdiction; or (ii) has spent 3 or more consecutive months during the last 5 years in one or more countries or jurisdictions; where the country or jurisdiction is not listed in column 1 of the table in Schedule 1 to this instrument; (c) a person who is covered by both paragraphs 6(a) and (b) of this instrument. 7 Specified medical assessments For subparagraphs 4005(1)(aa)(i) and 4007(1)(aa)(i) of Schedule 4 to the Regulations, the following medical assessments are specified: (a) for a person in a class of person specified in paragraph 6(a)—the medical assessments specified in columns 2, 3, 4 and 5 of the table in Schedule 1 to this instrument; (b) for a person in a class of person specified in paragraph 6(b)—the medical assessments specified in: (i) columns 2, 3 and 4 of the table in Schedule 2 to this instrument; and (ii) Schedule 3 to this instrument; (c) for a person specified in paragraph 6(c)—the medical assessments specified in: (i) columns 2, 3 and 4 of the table in Schedule 2 to this instrument; and (ii) Schedule 3 to this instrument.Authorised Version F2025L01437 registered 27/11/2025 Migration (Specification of Required Medical Assessment) Instrument 2025 3 8 Specified persons to conduct medical assessments For subparagraphs 4005(1)(aa)(ii) and 4007(1)(aa)(ii) of Schedule 4 to the Regulations: (a) for a medical assessment conducted in Australia—Bupa Australia Health Pty Ltd (trading as Bupa Medical Visa Services) is specified; (b) for a medical assessment conducted outside Australia for visa purposes— panel physicians are specified. Note: Paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Regulations both relevantly … Islands 120 Ukraine Column 1 Column 2 Item Name 121 United Arab Emirates 122 United Kingdom 123 United States of America 124 United States Minor Outlying Islands 125 Uruguay 126 Venezuela 127 Wallis and Futuna 128 Western Sahara 129 ZambiaAuthorised Version F2025L01437 registered 27/11/2025 16 Migration (Specification of Required Medical Assessment) Instrument 2025 Schedule 6—Repeals Migration Regulations 1994 –Specification of Required Medical Assessment – IMMI 15/144 1 The whole of the instrument Repeal the instrument.Authorised Version F2025L01437 registered 27/11/2025","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-e2fc9dc53c1123208268737c","countryCode":"AU","country":"Australia","title":"Brisbane 2032-accredited participants designated for nil-VAC Subclass 408 treatment","policyEffect":"The instrument designates the Brisbane 2032 Olympic and Paralympic Games and the specified class of accredited participants for nil visa-application-charge treatment under the Subclass 408 Temporary Activity visa provisions.","operativeDate":"2026-01-21","year":2026,"affectedGroup":"A person who is: (a) approved for accreditation for the event by the organising committee; and (b) a member or personnel of any of the following: (i) the international olympic committee (ioc); (ii) ioc controlled entities; (iii) national olympic committees; (iv) international federations; (v) rights-holding broadcasters; (vi) the official timekeeper; (vii) ioc marketing partners; (viii) media.","materialConditionsAndExceptions":"Recorded validated scope: Nil VAC for Subclass 408 (Temporary Activity) visa.","policyCategory":"Migration policy","policyTool":"","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2026L00008","preciseCitation":"Migration (Class of Persons for Nil VAC for Subclass 408 (Temporary Activity) – Brisbane 2032 Olympic and Paralympic Games) Instrument 2025, ss. 2, 5–7; commenced 21 January 2026.","evidencePassage":"Visa Application Charge. 5 Specified event for paragraph 408.229(b) For paragraph 408.229(b) of Schedule 2 to the Regulations, the Brisbane 2032 Olympic and Paralympic Games is a specified event. 6 Specified class of persons for paragraph 408.229(c) For paragraph 408.229(c) of Schedule 2 to the Regulations, the class of persons specified in relation to the event specified in section 5 is a person who is: (a) approved for accreditation for the event by the Organising Committee; and (b) a member or personnel of any of the following: (i) the International Olympic Committee (IOC);Authorised Version … F2026L00008 registered 09/01/2026 2 Migration (Class of Persons for Nil VAC for Subclass 408 Visas—Brisbane 2032 Olympic and Paralympic Games) Instrument 2025 (ii) IOC Controlled entities; (iii) National Olympic Committees; (iv) International Federations; (v) Rights-Holding Broadcasters; (vi) the Official Timekeeper; (vii) IOC Marketing Partners; (viii) Media. 7 Visa application charge For subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations, the specified class of persons is a person who is: (a) seeking to satisfy clause 408.229 of Schedule 2 to the Regulations; and (b) in the class of","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-ced5bb1e757cce1b7ecf","countryCode":"AU","country":"Australia","title":"Creation of Statutory Arrival Control Determination Powers (Subdivision AGA)","policyEffect":"Inserts Subdivision AGA into Division 3 of Part 2 of the Migration Act 1958 through Schedule 1 of the Migration Amendment (2026 Measures No. 1) Act 2026. The new provisions empower the Minister for Home Affairs to issue an \"Arrival Control Determination\" to temporarily suspend the travel and entry rights of entire classes of offshore temporary visa holders during international crises or rapid shifts in geopolitical conditions to protect system integrity.","operativeDate":"2026-03-14","year":2026,"affectedGroup":"Offshore temporary visa holders","materialConditionsAndExceptions":"","policyCategory":"Border control / emergency powers / temporary entry","policyTool":"Legal / administrative framework for temporary visa entry suspension","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/C2026A00010/asmade/text","preciseCitation":"Migration Amendment (2026 Measures No. 1) Act 2026 (Act No. 10, 2026).","evidencePassage":"The object of this Subdivision is to allow temporary restrictions on the arrival of certain classes of temporary visa holders in Australia, where this is necessary to protect the integrity and sustainability of Australia’s immigration system, including when events or circumstances outside Australia mean that there is an increased risk that certain classes of temporary visa holders will not depart Australia when their visas cease to be in effect.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-9982ccc14e3d321f1d03","countryCode":"AU","country":"Australia","title":"Australia creates temporary arrival-control power and applies it to certain Iranian visitor visa holders","policyEffect":"Australia used new Migration Amendment (2026 Measures No. 1) powers to make an Arrival Control Determination restricting travel by certain Visitor visa holders linked to Iranian passports, with limited permitted-travel exceptions.","operativeDate":"2026-03-26","year":2026,"affectedGroup":"Current holders","materialConditionsAndExceptions":"Validated condition or limit: 1) powers to make an Arrival Control Determination restricting travel by certain Visitor visa holders linked to Iranian passports, with limited permitted-travel exceptions.","policyCategory":"Visitor","policyTool":"Entry restriction","sourceName":"Minister for Home Affairs arrival control determination announcement","sourceUrl":"https://minister.homeaffairs.gov.au/TonyBurke/Pages/protecting-integrity-and-sustainability-of-our-migration-system.aspx","preciseCitation":"Minister for Home Affairs arrival control determination announcement. Australia creates temporary arrival-control power and applies it to certain Iranian visitor visa holders. Effective 2026-03-26.","evidencePassage":"protect the integrity and sustainability of our migration system. An Arrival Control Determination will be in force from 26 March 2026 for six months, made possible under the Migration Amendment (2026 Measures No. 1) Act 2026 that passed Parliament earlier this month. The Government is acting in the national interest amid rapidly changing global conditions. The conflict in Iran has increased the risk that some temporary visa holders may be unable or unlikely to depart Australia when their visas expire. This measure gives the Government time to assess the situation properly, while still allowing flexibility in limited cases. The Arrival Control Determination only applies to people outside Australia who have a Visitor (Subclass 600) visa linked to an Iranian passport. The determination does not apply to: people in Australia when the Arrival Control Determination commenced the spouse, de facto partner, or dependent child of Australian citizens, an Australian permanent visa holder, or an Australian resident who is not subject to a time limitation (such as a New Zealand citizen) parents of a child under 18 already in Australia a person who has been issued with a Permitted Travel Certificate","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-be088a2607f96848197c","countryCode":"AU","country":"Australia","title":"Remaking and Modernisation of Migration Agents Regulations and Mandatory CPD Standards","policyEffect":"Replaces the sunsetting Migration Agents Regulations 1998 with the Migration Agents Regulations 2026, setting updated regulatory requirements for migration agent registration, disciplinary actions, and continuing professional development (CPD). Phase scope: Full legal commencement across Australia.","operativeDate":"2026-04-01","year":2026,"affectedGroup":"Registered migration agents (rmas) and cpd providers","materialConditionsAndExceptions":"","policyCategory":"Immigration advice / migration agent regulation","policyTool":"Subordinate regulation / legislative instrument","sourceName":"Office of Impact Analysis","sourceUrl":"https://oia.pmc.gov.au/published-impact-analyses-and-reports/migration-agents-regulations-1998","preciseCitation":"Office of Impact Analysis, Department of the Prime Minister and Cabinet, 'Migration Agents Regulations 1998', 06 March 2026.","evidencePassage":"The new regulations are the Migration Agents Regulations 2026 and commence on 1 April 2026.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-3434484f3a771bafbea2","countryCode":"AU","country":"Australia","title":"Online Lodgement Transition for Permanent Parent Visas","policyEffect":"Updates the approved form, place, and manner requirements for Parent (Class AX), Aged Parent (Class BP), Contributory Parent (Class CA), and Contributory Aged Parent (Class DG) visas to transition lodgements from paper/courier submission to electronic lodgement via ImmiAccount.","operativeDate":"2026-04-22","year":2026,"affectedGroup":"Parent visa applicants (class ax, class bp, class ca, class dg)","materialConditionsAndExceptions":"Validated condition or limit: Updates the approved form, place, and manner requirements for Parent (Class AX), Aged Parent (Class BP), Contributory Parent (Class CA), and Contributory Aged Parent (Class DG) visas to transition lodgements from paper/courier submission to electronic lodgement via ImmiAccount.","policyCategory":"Family / parent visas","policyTool":"Ministerial determination","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/Details/F2026L00441","preciseCitation":"Migration (Arrangements for Parent Visa Applications) Instrument 2026 (LIN 26/005 / F2026L00441)","evidencePassage":"Arrangements for Parent Visa Applications) Instrument 2026 5 Schedule 1—Place, manner and form for making Parent visa applications Item No. Column 1 Item and visa Column2 Kind of applicant Column 3 Approved form Column 4 Place and manner 1 Item 1124 Parent (Migrant) (Class AX) All applicants 47PA (Internet) Application must be made: (a) as an internet application; or (b) if authorised in writing to use Form 47PA, in accordance with directions from the Department, by the date specified. 2 Item 1124A Aged Parent (Residence) (Class BP) All applicants 47PA(Internet) Application must be made: (a) as an internet application; or (b) if authorised in writing to use Form 47PA, in accordance with directions from the Department, by the date specified. 3 Item 1130 Contributory Parent (Migrant) (Class CA) All applicants 47PA(Internet) Application must be made: (a) as an internet application; or (b) if authorised in writing to use Form 47PA, in accordance with directions from the Department, by the date specified. 4 Item 1130A Contributory Aged Parent (Residence) (Class DG) All applicants 47PA(Internet) Application must be made: (a) as an internet application; or (b) if authorised in writing to use Form 47PA, in accordance with directions from the Department, by the date specified.Authorised Version F2026L00441 registered 17/04/2026 6 Migration (Arrangements for Parent Visa Applications) Instrument 2026 If the applicant is a contributory parent newborn child Nil (where birth is notified in writing to the addresses mentioned in Column 4) 5 Item 1221 Contributory Parent (Temporary) (Class UT) In any other case 47PA Applications must be made through any one of the following: (a) Post application to: Department of Home Affairs Parent Visa Centre Locked Bag 7 Northbridge WA 6865 AUSTRALIA (b) Courier","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-2e89dea422a12b2ffea2","countryCode":"AU","country":"Australia","title":"Removal of Letter of Support Requirement for Luxembourg Work and Holiday (Subclass 462) Applicants","policyEffect":"From 3 June 2026, Luxembourg passport holders no longer need to provide a Letter of Support with their Work and Holiday (subclass 462) visa application.","operativeDate":"2026-06-03","year":2026,"affectedGroup":"Luxembourg passport holders","materialConditionsAndExceptions":"","policyCategory":"Youth mobility / working holiday visas","policyTool":"Administrative / bilateral visa rule adjustment","sourceName":"Department of Home Affairs","sourceUrl":"https://immi.homeaffairs.gov.au/what-we-do/whm-program/latest-news","preciseCitation":"Department of Home Affairs, 'Working holiday Maker program - latest news', 25 August 2026.","evidencePassage":"Luxembourg passport holders no longer need to provide a Letter of Support with their Work and Holiday (subclass 462) visa application.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-6071dddfa22abf534c99","countryCode":"AU","country":"Australia","title":"Australia-New Zealand Refugee Resettlement Arrangement Wind-Down","policyEffect":"The Department of Home Affairs has updated its policy guidance regarding the Australia-New Zealand resettlement arrangement. Following the closure of the referral window in June 2025, processing and departures of eligible individuals will officially finalize by the end of June 2026.","operativeDate":"2026-06-30","year":2026,"affectedGroup":"Refugees in Nauru and temporarily in Australia eligible for the New Zealand resettlement arrangement","materialConditionsAndExceptions":"Any person approved by the New Zealand Government to resettle in New Zealand can still do so.","policyCategory":"humanitarian","policyTool":"intergovernmental agreement","sourceName":"Department of Home Affairs","sourceUrl":"https://homeaffairs.gov.au/about-us/what-we-do/border-protection/regional-processing-and-resettlement","preciseCitation":"Regional processing and resettlement, New Zealand resettlement section","evidencePassage":"The arrangement ended in June 2025, with processing and departures concluding on 30 June 2026.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-c52e68fb2f51a0d3c79e","countryCode":"AU","country":"Australia","title":"Reduction of Regional Category Visa Allocation for FY 2026–27","policyEffect":"Under the officially set 2026-27 Permanent Migration Program planning levels, the regional visa allocation (such as subclass 491 and 494) has been heavily reduced to 14,110 places from 33,000 in the previous year.","operativeDate":"2026-07-01","year":2026,"affectedGroup":"Regional visa applicants (including subclass 491)","materialConditionsAndExceptions":"Applies across the State and Territory Regional category within the Skilled Migration Program.","policyCategory":"numerical_caps","policyTool":"quota","sourceName":"homeaffairs.gov.au","sourceUrl":"https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels","preciseCitation":"Permanent Program planning levels by financial year table, Regional category row","evidencePassage":"| Regional | 33,000 | 33,000 | 14,110 |","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-181d9e927a30ab9aa607","countryCode":"AU","country":"Australia","title":"Subclass 202 Community Support Program Realignment and Selection Priorities","policyEffect":"Amends the Migration Regulations 1994 to realign the Community Support Program (CSP) under the Subclass 202 (Global Special Humanitarian) visa framework. Introduces a legislative instrument mechanism allowing the Minister to specify annual caps on the number of applicants an Approved Proposing Organisation (APO) may propose in a financial year, including provisions for counting and disregarding applicants. Modifies visa criteria to ensure permanent settlement is consistent with Commonwealth priorities set by legislative instrument, updates provisions regarding proposing organisations and form 1417 submissions, and applies these changes to new applications and/or undecided applications made before or after commencement.","operativeDate":"2026-07-01","year":2026,"affectedGroup":"Subclass 202 humanitarian applicants and approved proposing organisations","materialConditionsAndExceptions":"Validated condition or limit: Modifies visa criteria to ensure permanent settlement is consistent with Commonwealth priorities set by legislative instrument, updates provisions regarding proposing organisations and form 1417 submissions, and applies these changes to new applications and/or undecided applications made before or after commencement.","policyCategory":"Humanitarian / refugee resettlement","policyTool":"Subordinate regulation","sourceName":"Australian Federal Register of Legislation","sourceUrl":"https://www.legislation.gov.au/F2026L00733/asmade/2026-06-11/text/original/pdf","preciseCitation":"Migration Amendment (Realigning the Community Support Program) Regulations 2026 (F2026L00733 / LIN 26/063) & Migration (Specification of Commonwealth Priorities for Subclass 202 Visas) Instrument 2026 (LIN 26/036)","evidencePassage":"The Minister may, by legislative instrument, specify, for an approved proposing organisation, a limit on the number of applicants that the approved proposing organisation may propose in a financial year. … persons who are proposed by approved proposing organisations for Subclass 202 visas. … (1) The amendments of item 1402 of Schedule 1 and clause 202.223 of Schedule 2 made by Schedule 1 to the Migration Amendment (Realigning the Community Support Program) Regulations 2026 apply in relation to an application for a visa made on or after the commencement of that Schedule. (2) The amendments of paragraph 202.212(c) of Schedule 2 and subclauses 202.221(2) and (3) of Schedule 2 made by Schedule 1 to the Migration Amendment (Realigning the Community Support Program) Regulations 2026 apply in relation to an application for a visa: (a) made, but not finally determined, before the commencement of that Schedule; or (b) made on or after the commencement of that Schedule.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-69465221bc8acd4e98e3","countryCode":"AU","country":"Australia","title":"Uruguay Work and Holiday (Subclass 462) Annual Quota Increase to 1,500 Places","policyEffect":"From 1 July 2026, up to 1,500 first Work and Holiday (subclass 462) visas are available each program year to eligible passport holders from Uruguay.","operativeDate":"2026-07-01","year":2026,"affectedGroup":"Eligible passport holders from uruguay","materialConditionsAndExceptions":"Validated condition or limit: From 1 July 2026, up to 1,500 first Work and Holiday (subclass 462) visas are available each program year to eligible passport holders from Uruguay.","policyCategory":"Youth mobility / bilateral quotas","policyTool":"Quota determination / bilateral arrangement amendment","sourceName":"Department of Home Affairs","sourceUrl":"https://immi.homeaffairs.gov.au/what-we-do/whm-program/latest-news","preciseCitation":"Department of Home Affairs, 'Working holiday Maker program - latest news', 25 August 2026.","evidencePassage":"Cap increase for Uruguay From 1 July 2026, up to 1,500 first Work and Holiday (subclass 462) visas are available each program year to eligible passport holders from Uruguay. … This increase finalises a previously agreed amendment to the Work and Holiday (subclass 462) arrangement between Australia and Uruguay.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-07b6f5d10099be1a800c","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations","policyEffect":"Amends the requirements for the live-in caregiver class to apply for permanent residence, removing the medical examination requirement and adjusting the required employment duration to at least two years or 3,900 hours within the four years immediately following entry.","operativeDate":"2010-04-01","year":2010,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Amends the requirements for the live-in caregiver class to apply for permanent residence, removing the medical examination requirement and adjusting the required employment duration to at least two years or 3,900 hours within the four years immediately following entry.","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"Canada Gazette Part II, Vol. 144, No. 8","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2010/2010-04-14/pdf/g2-14408.pdf","preciseCitation":"Canada Gazette Part II, Vol. 144, No. 8. Regulations Amending the Immigration and Refugee Protection Regulations.; http://www.cic.gc.ca/english/department/media/releases/2010/2010-11-10a.asp [accessed on 24.05.2013]","evidencePassage":"Excellence la Gouverneure générale en conseil annexed Regulations Amending the Immigration and Refugee prend le Règlement modifiant le Règlement sur l’immigration et Protection Regulations. la protection des réfugiés, ci-après. REGULATIONS AMENDING THE RÈGLEMENT MODIFIANT LE IMMIGRATION AND REFUGEE RÈGLEMENT SUR L’IMMIGRATION ET LA PROTECTION REGULATIONS PROTECTION DES RÉFUGIÉS AMENDMENTS MODIFICATIONS 1. Section 30 of the Immigration and Refugee 1. L’article 30 du Règlement sur l’immigration Protection Regulations1 is amended by adding et la protection des réfugiés1 est modifié par ad- the following after subsection (2): jonction, après le paragraphe (2), de ce qui suit : Exception (2.1) A foreign national who has applied for (2.1) L’étranger faisant partie de la catégorie des Non- permanent resident status and is a member of the aides familiaux qui a demandé le statut de résident application live-in caregiver class is not required to submit to a permanent n’est pas requis de se soumettre à la medical examination under subsection (1). visite médicale visée au paragraphe (1). 2. (1) The portion of paragraph 113(1)(d) of 2. (1) Le passage de l’alinéa 113(1)d) du même the Regulations before subparagraph (i) is re- règlement précédant le sous-alinéa (i) est rem- placed by the following: placé par ce qui suit : (d) they entered Canada as a live-in caregiver d) il est entré au Canada à titre d’aide familial et, and for at least two of the four years immediately au cours des quatre ans suivant son entrée, il a, following their entry or, alternatively, for at least durant au moins deux ans, ou encore, durant au 3,900 hours during a period of not less than moins 3 900 heures réparties sur une période de 22 months in those four years, vingt-deux mois ou plus : (2) Subsection 113(2)","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-65bba2982bf345d1a45f","countryCode":"CA","country":"Canada","title":"Immigration and Refugee Protection Act: Updated Ministerial Instructions","policyEffect":"Introduced an annual cap of 20,000 applications for the Federal Skilled Worker stream for applicants applying under the eligible occupation list without arranged employment, with a maximum limit of 1,000 applications per eligible National Occupational Classification (NOC) code.","operativeDate":"2010-06-26","year":2010,"affectedGroup":"Skilled/high-skilled workers","materialConditionsAndExceptions":"Validated condition or limit: Introduced an annual cap of 20,000 applications for the Federal Skilled Worker stream for applicants applying under the eligible occupation list without arranged employment, with a maximum limit of 1,000 applications per eligible National Occupational Classification (NOC) code.","policyCategory":"Legal entry and stay","policyTool":"Quota / target","sourceName":"Canada Gazette / Citizenship and Immigration Canada","sourceUrl":"https://www.canada.ca/en/news/archive/2010/06/canada-adjusts-immigration-plan-focus-economic-recovery.html","preciseCitation":"SOPEMI 2011: 268; http://gazette.gc.ca/rp-pr/p1/2010/2010-06-26/html/notice-avis-eng.html [accessed on 18.09.2013]; Canada Gazette. Ministerial Instructions.; gazette.gc.ca. Updated Ministerial Instructions.","evidencePassage":"employed); and • candidats des provinces; • Live-in Caregivers. • autres demandeurs du volet fédéral à titre de gens d’affaires immigrants (entrepreneurs et travailleurs autonomes); • aides familiaux résidants. Federal Skilled Worker applications Demandes de travailleurs qualifiés (fédéral) Cap on the number of applications to be processed per year Plafond relatif au nombre de demandes pouvant être traitées par année A maximum of 20 000 Federal Skilled Worker applications, On envisagera de traiter au maximum 20 000 demandes de without an offer of arranged employment, will be considered for travailleurs qualifiés (fédéral), sans offre d’emploi réservé, par processing each year. année. Within the 20 000 cap, a maximum of 1 000 Federal Skilled De ces 20 000 demandes, on envisagera de traiter chaque année Worker applications per National Occupation Classification au maximum 1 000 demandes de travailleurs qualifiés (fédéral) (NOC) code will be considered for processing each year. par code de la Classification nationale des professions (CNP). In calculating the caps, applications will be considered in order Les demandes seront traitées en fonction de la date à laquelle of the date they are","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-48e764727892dc32bf8a","countryCode":"CA","country":"Canada","title":"Ministerial Instructions (MI-2)","policyEffect":"Required all Federal Skilled Worker and Canadian Experience Class applicants to submit valid third-party official language test results at the time of application for permanent residence, eliminating written alternative submissions for demonstrating proficiency.","operativeDate":"2010-06-26","year":2010,"affectedGroup":"Skilled/high-skilled workers","materialConditionsAndExceptions":"Validated condition or limit: Required all Federal Skilled Worker and Canadian Experience Class applicants to submit valid third-party official language test results at the time of application for permanent residence, eliminating written alternative submissions for demonstrating proficiency.","policyCategory":"Legal entry and stay","policyTool":"Work visa / permit","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2011/2011-03-16/html/sor-dors54-eng.html","preciseCitation":"SOPEMI 2011: 268; http://gazette.gc.ca/rp-pr/p1/2010/2010-06-26/html/notice-avis-eng.html [accessed on 18.09.2013]","evidencePassage":"On June 26, 2010, the Minister of Citizenship, Immigration and Multiculturalism used his authority under the Immigration and Refugee Protection Act (IRPA) to issue Ministerial Instructions, which included a processing directive requiring FSW and CEC applicants to submit a valid language test result at the time of their application for permanent residence in Canada in order for their application to be eligible for processing. That instruction applies to all applications received from June 26, 2010, onward.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-7875806b5f2a6ed09c14","countryCode":"CA","country":"Canada","title":"Balanced Refugee Reform Act","policyEffect":"Enacted statutory authority under the Immigration and Refugee Protection Act for the Minister to designate countries of origin (or parts of countries / classes of nationals) that do not normally produce refugees in order to expedite the processing of asylum claims.","operativeDate":"2010-06-29","year":2010,"affectedGroup":"Refugees, asylum seekers and other vulnerable people","materialConditionsAndExceptions":"","policyCategory":"Legal entry and stay","policyTool":"Entry visa / stay permit","sourceName":"Justice Laws Website (Statutes of Canada)","sourceUrl":"https://laws-lois.justice.gc.ca/eng/AnnualStatutes/2010_8/FullText.html","preciseCitation":"http://www.cic.gc.ca/english/department/media/backgrounders/2010/2010-06-29.asp [accessed on 18.09.2013]; Statutes of Canada 2010, c. 8 (Bill C-11).; http://www.mapleleafweb.com/features/immigration-policy-canada-history-administration-and-debates [accessed on 24.05.2013]; http://www.cic.gc.ca/english/department/media/backgrounders/2010/2010-06-29.asp [accessed on 18.09.2013]; http://www.mapleleafweb.com/features/immigration-policy-canada-history-administration-and-debates [accessed on 24.05.2013]; http://www.cic.gc.ca/english/department/media/backgrounders/2010/2010-06-29.asp [accessed on 18.09.2013]","evidencePassage":"the decision that the claim is manifestly unfounded if it is of the opinion that the claim is clearly fraudulent. 12. The Act is amended by adding the following after section 109: Designated Countries of OriginMarginal note:Designation of countries of origin 109.1 (1) The Minister may, by order, for the purposes of section 111.1, designate a country or part of a country or a class of nationals of a country. Marginal note:Limitation (1.1) The Minister may make a designation only if (a) the number of claims for refugee protection made in Canada by nationals of the country in question is equal to … or greater than the number set out in the regulations; and (b) the rate of acceptance by the Refugee Protection Division of claims made by nationals of the country in question is equal to or lower than the rate set out in the regulations. Marginal note:Criteria to be considered (1.2) In making a designation, the Minister must take the following criteria into account: (a) the human rights record of the country in question as it relates to (i) the factors set out in sections 96 and 97, and (ii) the international human rights instruments specified in the regulations and any other international instrument","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-72abaa7ce69fcd5a1ffb","countryCode":"CA","country":"Canada","title":"Mandatory Third-Party Language Testing for Economic Class Applicants","policyEffect":"Amended the Immigration and Refugee Protection Regulations (IRPR) to remove the option of providing alternative written evidence of language proficiency, making designated third-party standardized language test results mandatory at the time of application for Federal Skilled Worker (FSW), Canadian Experience Class (CEC), and Business Immigrant applicants.","operativeDate":"2011-03-03","year":2011,"affectedGroup":"High-skilled / economic migrants","materialConditionsAndExceptions":"","policyCategory":"Admission / selection","policyTool":"Eligibility criteria / language assessment","sourceName":"Government of Canada / Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2011/2011-03-16/html/sor-dors54-eng.html","preciseCitation":"Regulations Amending the Immigration and Refugee Protection Regulations, SOR/2011-54, Canada Gazette, Part II, Vol. 145, No. 6 (March 16, 2011).","evidencePassage":"Regulations Amending the Immigration and Refugee Protection Regulations. REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS AMENDMENTS 1. (1) Subsection 79(1) of the Immigration and Refugee Protection Regulations (see footnote 1) is replaced by the following: Official languages 79. (1) A skilled worker must specify in their application for a permanent resident visa which language — English or French — is to be considered their first official language in Canada and which is to be considered their second official language in Canada and must have their proficiency in those languages assessed by an organization or institution designated under subsection (3). (2) The marginal note to subsection 79(2) of the Regulations is replaced by “Proficiency in English and French (24 points)”. 2. The portion of paragraph 87.1(2)(b) of the Regulations before subparagraph (i) is replaced by the following: (b) they have had their proficiency in the English or French language assessed by an organization or institution designated under subsection (4) and have obtained proficiencies for their abilities to speak, listen, read and write that correspond to benchmarks, as referred to in … delays, processing inefficiencies, and higher rates of refusal than would be the case if conclusive evidence had been submitted with the application. The evaluation of written submissions by visa officers, who are not language experts, has overall introduced subjectivity, unreliability and inefficiency into the assessment of immigrant applications. Description: The amendment removes references to the option to provide other written evidence from subsection 79(1) and paragraph 87.1(2)(b) of the Regulations. The amendment requires all FSW and CEC principal applicants to submit a valid test result … on the eligibility of applications, and results in faster processing of applications through expedited assessment at the visa office processing stage. Description The Regulations are amended as follows: Paragraph 79(1)(b) is repealed to remove the option to provide other evidence in writing; and All references to the option to provide other evidence in writing in paragraph 87.1(2)(b) are removed through the deletion of “or have provided other evidence in writing of their proficiency in either language” from the paragraph. Two technical amendments to the Regulations are as follows: The marginal","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-4d2c59f86df871840167","countryCode":"CA","country":"Canada","title":"Exemption of Provincially Selected Entrepreneurs from Federal Post-Arrival Conditions","policyEffect":"Amended sections 88 and 98 of the Immigration and Refugee Protection Regulations to establish that foreign entrepreneurs selected by a province (such as Quebec under the Canada-Quebec Accord) are not subject to federal post-arrival business establishment and reporting conditions if no provincial conditions are imposed. Phase scope: Provincial stream / Quebec-selected entrepreneurs","operativeDate":"2011-06-16","year":2011,"affectedGroup":"Provincially selected immigrant entrepreneurs","materialConditionsAndExceptions":"Validated condition or limit: Amended sections 88 and 98 of the Immigration and Refugee Protection Regulations to establish that foreign entrepreneurs selected by a province (such as Quebec under the Canada-Quebec Accord) are not subject to federal post-arrival business establishment and reporting conditions if no provincial conditions are imposed.","policyCategory":"Admission","policyTool":"Permanent residence conditions","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2011/2011-07-06/html/sor-dors124-eng.html","preciseCitation":"SOR/2011-124; Canada Gazette, Part II, Vol. 145, No. 14","evidencePassage":"The objective of the regulatory amendments is to ensure that Quebec is able to exert its authority under the Accord by clarifying that Quebec-selected entrepreneurs are not required to meet federal conditions and associated reporting requirements if Quebec does not impose post-arrival conditions under subsection 98(2) of the Regulations.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-698ee2672b98efc1b6a8","countryCode":"CA","country":"Canada","title":"Temporary Resident Visa Exemption for Holders of UK British Subject Passports with Right of Abode","policyEffect":"Amended subsection 190(2) of the IRPR to exempt holders of British Subject passports issued by the United Kingdom who have the right of abode in the UK from the requirement to obtain a Temporary Resident Visa (TRV) prior to entering Canada.","operativeDate":"2011-06-16","year":2011,"affectedGroup":"Visitors / short-term entrants","materialConditionsAndExceptions":"Validated condition or limit: Amended subsection 190(2) of the IRPR to exempt holders of British Subject passports issued by the United Kingdom who have the right of abode in the UK from the requirement to obtain a Temporary Resident Visa (TRV) prior to entering Canada.","policyCategory":"Admission / entry visas","policyTool":"Visa exemption","sourceName":"Government of Canada / Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2011/2011-07-06/html/sor-dors125-eng.html","preciseCitation":"Regulations Amending the Immigration and Refugee Protection Regulations, SOR/2011-125, Canada Gazette, Part II, Vol. 145, No. 14 (July 6, 2011).","evidencePassage":"The regulatory amendment adds holders of British subject passports, who are entitled to right of abode in the United Kingdom, to subsection 190(2) of the IRPR. It is anticipated that the exemption from the TRV requirement will benefit Canada by facilitating travel to Canada and thereby increasing tourism.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-bec63faa1a9ab27adfc7","countryCode":"CA","country":"Canada","title":"Designation of the Immigration Consultants of Canada Regulatory Council (ICCRC)","policyEffect":"Designated the Immigration Consultants of Canada Regulatory Council (ICCRC) under IRPA paragraph 91(2)(c) as the body whose members in good standing are authorized to represent or advise a person for consideration in immigration applications and proceedings, replacing CSIC, with a 120-day fee-exempt transition for CSIC members in good standing.","operativeDate":"2011-06-30","year":2011,"affectedGroup":"Immigration consultants and applicants using paid representatives","materialConditionsAndExceptions":"Validated condition or limit: Designated the Immigration Consultants of Canada Regulatory Council (ICCRC) under IRPA paragraph 91(2)(c) as the body whose members in good standing are authorized to represent or advise a person for consideration in immigration applications and proceedings, replacing CSIC, with a 120-day fee-exempt transition for CSIC members in good standing.","policyCategory":"Adjudication & enforcement","policyTool":"Standards / accreditation","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2011/2011-07-20/html/sor-dors142-eng.html","preciseCitation":"","evidencePassage":"For the purposes of paragraph 91(2)(c) of the Act, the ICCRC is designated as a body whose members in good standing may represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under the Act. … The adoption of Bill C-35 by Parliament on March 23, 2011, and the coming into force of this Bill on June 30, 2011, however, provide new authorities that offer additional oversight mechanisms and transitional making authorities compared to the proposed Regulations published in the Canada Gazette, Part I, on March 19, 2011.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-0be5de32ad9174ca0d23","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2011-129) — Application Requirements and Representation for Consideration","policyEffect":"Amends IRPR section 10 to require applicants to disclose contact and governing body membership information for any representative or advisor providing advice or representation for consideration at any stage of an application or proceeding, coordinating with Bill C-35's prohibition on unauthorized representatives. Phase scope: National; applies to all immigration and refugee applications and proceedings","operativeDate":"2011-06-30","year":2011,"affectedGroup":"All applicants & immigration representatives","materialConditionsAndExceptions":"","policyCategory":"Adjudication / legal status and integrity","policyTool":"Application mandatory requirements / regulatory oversight","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2011/2011-07-06/html/sor-dors129-eng.html","preciseCitation":"SOR/2011-129, Canada Gazette, Part II, Vol. 145, No. 14, July 6, 2011, Registration June 23, 2011.","evidencePassage":"Prior to these amendments, the Regulations specified that no person who was not authorized could for a fee represent, advise or consult with a person who was the subject of a proceeding or application before the Minister, an officer or the Board. Furthermore, the Regulations required that applicants include in their application information about persons who were representing them for a fee in order for Citizenship and Immigration Canada (CIC) to be able to contact the representative when needed, and to ensure that the representative was properly authorized under section 2 of the Regulations. Objectives The regulatory amendments will facilitate application processing and enhance program integrity by providing CIC officers with the applicable membership number and the contact information of a person who is advising or representing an immigration applicant for consideration at any stage, including leading up to the application or proceeding before the Minister or the Immigration and Refugee Board of Canada.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-e670ab037a6e8796e127","countryCode":"CA","country":"Canada","title":"Federal Skilled Worker Application Processing Intake Cap (MI-3)","policyEffect":"Reduces the annual intake cap on Federal Skilled Worker applications without arranged employment to a maximum of 10,000 new applications per year, with a maximum limit of 500 applications per listed NOC code.","operativeDate":"2011-07-01","year":2011,"affectedGroup":"Federal Skilled Worker applicants without arranged employment","materialConditionsAndExceptions":"Applies to applications without an offer of arranged employment. The cap year runs from July 1, 2011 to June 30, 2012.","policyCategory":"Eligibility","policyTool":"executive_instrument","sourceName":"Canada Gazette Part I, Vol. 145, No. 26","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2011/2011-06-25/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Vol. 145, No. 26, June 25, 2011, Updated Ministerial Instructions","evidencePassage":"These Instructions come into force on July 1, 2011. These Instructions apply to applications received by the designated Citizenship and Immigration Canada offices on or after July 1, 2011. ... A maximum of 10,000 new Federal Skilled Worker applications, without an offer of arranged employment, will be considered for processing each year. Within the 10,000 cap, a maximum of 500 new Federal Skilled Worker applications per National Occupation Classification (NOC) code will be considered for processing each year.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-7e27c1633d48d253d3bb","countryCode":"CA","country":"Canada","title":"Immigrant Investor Class Annual Intake Cap (MI-3)","policyEffect":"Imposes an annual intake cap of 700 new applications for the federal Immigrant Investor Class eligible to be considered for processing.","operativeDate":"2011-07-01","year":2011,"affectedGroup":"Federal Immigrant Investor applicants","materialConditionsAndExceptions":"A maximum of 700 new applications considered per year; applications considered in order of the date received.","policyCategory":"Eligibility","policyTool":"executive_instrument","sourceName":"Canada Gazette Part I, Vol. 145, No. 26","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2011/2011-06-25/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Vol. 145, No. 26, June 25, 2011, Updated Ministerial Instructions","evidencePassage":"These Instructions come into force on July 1, 2011. These Instructions apply to applications received by the designated Citizenship and Immigration Canada offices on or after July 1, 2011. ... Investor Class applications Cap on the number of applications to be processed per year A maximum of 700 new federal Immigrant Investor applications will be considered for processing each year.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-3c17027d69a900049b60","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations","policyEffect":"Repealed sections 148 and 149 of the Immigration and Refugee Protection Regulations, thereby eliminating the source country class under which persons residing inside their country of origin could be resettled to Canada as humanitarian-protected persons abroad.","operativeDate":"2011-10-06","year":2011,"affectedGroup":"Refugees, asylum seekers and other vulnerable people","materialConditionsAndExceptions":"","policyCategory":"Legal entry and stay","policyTool":"Entry visa / stay permit","sourceName":"Canada Gazette Part II","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2011/2011-10-26/html/sor-dors222-eng.html","preciseCitation":"http://gazette.gc.ca/rp-pr/p2/2011/2011-10-26/html/sor-dors222-eng.html [accessed on 16.09.2013]; SOPEMI 2011: 268; http://www.cic.gc.ca/english/department/media/backgrounders/2010/2010-08-18.asp [accessed on 18.09.2013]; SOPEMI 2011: 268; http://www.cic.gc.ca/english/department/media/backgrounders/2010/2010-08-18.asp [accessed on 18.09.2013]","evidencePassage":"Sections 148 and 149 of the Regulations are repealed.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-61ece8c999e80e1f6722","countryCode":"CA","country":"Canada","title":"Federal Skilled Worker Program PhD Eligibility Stream","policyEffect":"Establishes a dedicated permanent resident intake stream under the Federal Skilled Worker Program for international students currently enrolled in or recently graduated from Canadian PhD programs, capped at 1,000 applications annually.","operativeDate":"2011-11-05","year":2011,"affectedGroup":"International PhD students enrolled in Canadian universities or recent Canadian PhD graduates","materialConditionsAndExceptions":"Applicants must either be currently enrolled in a Canadian PhD program with at least two years completed in good academic standing, or have graduated from a Canadian PhD program within 12 months before application receipt; must not be bound by return-home requirements from a Government of Canada award; capped at 1,000 applications per cap year.","policyCategory":"New pathway","policyTool":"Eligibility pathway / quota","sourceName":"Canada Gazette, Part I, Vol. 145, No. 45","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2011/2011-11-05/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Vol. 145, No. 45, November 5, 2011, Government Notices, Department of Citizenship and Immigration, Updated Ministerial Instructions.","evidencePassage":"These Instructions come into force on November 5, 2011. These Instructions apply to applications received by the designated Citizenship and Immigration Canada offices on or after November 5, 2011. ... Introduction of an eligibility stream under the Federal Skilled Worker Program for international students pursuing doctoral (PhD) studies at Canadian institutions. A maximum of 1,000 new Federal Skilled Worker applications from international students pursuing PhD studies at Canadian institutions will be considered for processing each year.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-aeb46027a1e916452d2b","countryCode":"CA","country":"Canada","title":"Temporary Pause on Parent and Grandparent Sponsorship Applications","policyEffect":"Imposes an intake pause of up to 24 months on new sponsorship applications for parents and grandparents under the Family Class, refusing new applications not received prior to November 5, 2011.","operativeDate":"2011-11-05","year":2011,"affectedGroup":"Sponsors and applicants for parents and grandparents permanent residence sponsorship","materialConditionsAndExceptions":"Applies to applications received on or after November 5, 2011; pause is scheduled to remain in place for up to 24 months. Applications received prior to November 5, 2011 continue to be considered for processing.","policyCategory":"Sponsorship","policyTool":"Intake pause / cap","sourceName":"Canada Gazette, Part I, Vol. 145, No. 45","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2011/2011-11-05/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Vol. 145, No. 45, November 5, 2011, Government Notices, Department of Citizenship and Immigration, Updated Ministerial Instructions.","evidencePassage":"These Instructions come into force on November 5, 2011. These Instructions apply to applications received by the designated Citizenship and Immigration Canada offices on or after November 5, 2011. ... No new applications for sponsorship of the sponsor’s mother or father [paragraph 117(1)( c ) of the Immigration Refugee Protection Regulations (IRPR)] or the mother or father of the sponsor’s mother or father [paragraph 117(1)( d ) of the IRPR] will be accepted unless received by the Centralized Processing Centre in Mississauga, Ontario, prior to November 5, 2011.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-f74238942481203b649a","countryCode":"CA","country":"Canada","title":"Barring Violent Offenders from Sponsoring Family Class Members","policyEffect":"Amended paragraph 133(1)(e) of the IRPR to bar individuals convicted of indictable offences involving violence punishable by a maximum prison term of at least 10 years (or attempts thereof) against any person from acting as sponsors under the Family Class.","operativeDate":"2011-11-17","year":2011,"affectedGroup":"Family sponsors / family class migrants","materialConditionsAndExceptions":"Validated condition or limit: Amended paragraph 133(1)(e) of the IRPR to bar individuals convicted of indictable offences involving violence punishable by a maximum prison term of at least 10 years (or attempts thereof) against any person from acting as sponsors under the Family Class.","policyCategory":"Family reunification / public safety","policyTool":"Sponsor eligibility criteria / ineligibility bar","sourceName":"Government of Canada / Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2011/2011-12-07/html/sor-dors262-eng.html","preciseCitation":"Regulations Amending the Immigration and Refugee Protection Regulations, SOR/2011-262, Canada Gazette, Part II, Vol. 145, No. 25 (December 7, 2011).","evidencePassage":"Refugee Protection Regulations. REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS AMENDMENTS 1. (1) Paragraph 133(1)(e) of the Immigration and Refugee Protection Regulations (see footnote 1) is amended by striking out “or” at the end of subparagraph (i) and by adding the following after that subparagraph: (i.1) an indictable offence involving the use of violence and punishable by a maximum term of imprisonment of at least 10 years, or an attempt to commit such an offence, against any person, or (2) Subparagraph 133(1)(e)(ii) of the Regulations is replaced by the following: … partner of the sponsor, (F) a relative of the conjugal partner of the sponsor, or a current or former family member of that relative, (G) a child under the current or former care and control of the sponsor, their current or former family member or conjugal partner, (H) a child under the current or former care and control of a relative of the sponsor or a current or former family member of that relative, or (I) someone the sponsor is dating or has dated, whether or not they have lived together, or a family member of that person. COMING INTO FORCE 2. These Regulations come into force on the day on which","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-8475e7cc7893f92a56f0","countryCode":"CA","country":"Canada","title":"Ministerial Instructions regarding the Parent and Grandparent Super Visa","policyEffect":"Introduced the Parent and Grandparent Super Visa, a multi-entry temporary resident visa valid for up to 10 years allowing eligible parents and grandparents of Canadian citizens and permanent residents to remain in Canada for up to 24 months per visit without renewing status.","operativeDate":"2011-12-01","year":2011,"affectedGroup":"Family members","materialConditionsAndExceptions":"Validated condition or limit: Introduced the Parent and Grandparent Super Visa, a multi-entry temporary resident visa valid for up to 10 years allowing eligible parents and grandparents of Canadian citizens and permanent residents to remain in Canada for up to 24 months per visit without renewing status.","policyCategory":"Legal entry and stay","policyTool":"Entry visa / stay permit","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/parent-grandparent-super-visa.html","preciseCitation":"http://www.cic.gc.ca/english/department/media/releases/2011/2011-12-01.asp [accessed on 24.05.2013]","evidencePassage":"These instructions support the issuance of a multiple-entry TRV for durations of up to ten years, and periods of authorized stay for each individual entry extending up to two years.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-1be5bbac9fec2421cd36","countryCode":"CA","country":"Canada","title":"Five-Year Sponsorship Bar for Previously Sponsored Spouses and Common-Law Partners","policyEffect":"Amends section 130 of the Immigration and Refugee Protection Regulations to bar any individual who became a permanent resident after being sponsored as a spouse, common-law partner, or conjugal partner from sponsoring a subsequent spouse, common-law partner, or conjugal partner for a period of at least five years. Phase scope: National application across spousal, common-law, and conjugal partner family class sponsorships.","operativeDate":"2012-03-02","year":2012,"affectedGroup":"Family class sponsors and sponsored spouses/partners","materialConditionsAndExceptions":"Validated condition or limit: Amends section 130 of the Immigration and Refugee Protection Regulations to bar any individual who became a permanent resident after being sponsored as a spouse, common-law partner, or conjugal partner from sponsoring a subsequent spouse, common-law partner, or conjugal partner for a period of at least five years.","policyCategory":"Family reunification","policyTool":"Eligibility criteria","sourceName":"Canada Gazette, Part II","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2012/2012-03-14/html/sor-dors20-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 146, No. 6, SOR/2012-20, pp. 625-629","evidencePassage":"be a Canadian citizen or permanent resident who (2) Subsection 130(2) of the Regulations is replaced by the following: Sponsor not residing in Canada (2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident. Five-year requirement (3) A sponsor who became a permanent resident after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor (a) has been a permanent resident for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph 130(1)(c) is filed by the sponsor in respect of the foreign national; or (b) has become a Canadian citizen during the period of five years immediately preceding the day referred to in paragraph (a) and had been a … convenience; and (b) to clarify portions of the existing subsection 130(2) of the IRPR with regard to sponsorship. Description and rationale The amendments modify section 130 of the IRPR, which describes the criteria that an individual must meet in order to sponsor a foreign national making an application for permanent residence as a member of the family class or the spouse or common-law partner in Canada class. The amendment bars an individual who became a permanent resident after being sponsored as a spouse, common-law or conjugal partner from sponsoring a new spouse, common-law or conjugal partner unless this individual (a) has been a permanent resident for a period of at least five years immediately preceding the day on which a sponsorship application is filed by the sponsor; or (b) has become a Canadian citizen during the period of five years immediately preceding the day on which a sponsorship application is filed by the sponsor and had been a permanent resident from at least the beginning of that period until the day on which the sponsor became a Canadian citizen. The proposed Regulations, as pre-published in the Canada Gazette, Part Ⅰ, on April 2, 2011, were reworded to ensure","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4ce287871d5034ef7ff3","countryCode":"CA","country":"Canada","title":"Protecting Canada's Immigration System Act","policyEffect":"Amended the Immigration and Refugee Protection Act to expand the scope of the offence of human smuggling and institute mandatory minimum sentences and enhanced penalties for human smugglers.","operativeDate":"2012-06-28","year":2012,"affectedGroup":"Irregular migrants","materialConditionsAndExceptions":"Validated condition or limit: Amended the Immigration and Refugee Protection Act to expand the scope of the offence of human smuggling and institute mandatory minimum sentences and enhanced penalties for human smugglers.","policyCategory":"Border and land control","policyTool":"Other sanctions","sourceName":"Department of Justice Canada / Justice Laws Website","sourceUrl":"https://laws-lois.justice.gc.ca/eng/annualstatutes/2012_17/FullText.html","preciseCitation":"http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-06-29i.asp [accessed on 11.09.2013]; http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-06-29k.asp [accessed on 11.09.2013]; http://www.parl.gc.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?ls=c31&Parl=41&Ses=1#a35 [accessed on 11.09.2013];; http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-06-29a.asp [accessed on 11.09.2013]; http://www.parl.gc.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?ls=c31&Parl=41&Ses=1#a35 [accessed on 11.09.2013]; http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-06-29k.asp [accessed on 11.09.2013]; http://www.parl.gc.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?ls=c31&Parl=41&Ses=1#a35 [accessed on 11.09.2013];; http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-02-16b.asp [accessed on 24.05.2013]; http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-02-16b.asp [accessed on 24.05.2013]; http://www.irb-cisr.gc.ca/Eng/RefApp/pages/RadSar.aspx [accessed on 13.09.2013]; http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-06-29j.asp [accessed on 19.09.2013]","evidencePassage":"In addition, the enactment amends certain enforcement provisions of that Act, notably to expand the scope of the offence of human smuggling and to provide for minimum punishments in relation to that offence.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0b14a206cecacd6671da","countryCode":"CA","country":"Canada","title":"Jobs, Growth and Long-term Prosperity Act","policyEffect":"Terminates applications for permanent resident visas under the Federal Skilled Worker Program submitted before February 27, 2008, if their selection criteria had not been established by an officer before March 29, 2012.","operativeDate":"2012-06-29","year":2012,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Terminates applications for permanent resident visas under the Federal Skilled Worker Program submitted before February 27, 2008, if their selection criteria had not been established by an officer before March 29, 2012.","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"justice.gc.ca","sourceUrl":"https://laws-lois.justice.gc.ca/eng/AnnualStatutes/2012_19/page-39.html?wbdisable=true","preciseCitation":"justice.gc.ca. Jobs, Growth and Long-term Prosperity Act.","evidencePassage":"An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008 is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to that class.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-7c3c8f71cd07e98e6264","countryCode":"CA","country":"Canada","title":"Order Respecting the Interim Federal Health Program, 2012","policyEffect":"Under the Order Respecting the Interim Federal Health Program, 2012 (P.C. 2012-433 / SI/2012-26), the federal government repealed the 1957 IFHP framework and significantly curtailed healthcare coverage for rejected refugee claimants, restricting Minister-funded coverage to only public health or public safety health care coverage (treatment for contagious diseases posing public health risks or mental conditions posing public safety concerns) rather than comprehensive or supplemental medical care.","operativeDate":"2012-06-30","year":2012,"affectedGroup":"Refugees, asylum seekers and other vulnerable people","materialConditionsAndExceptions":"Validated condition or limit: 2012-433 / SI/2012-26), the federal government repealed the 1957 IFHP framework and significantly curtailed healthcare coverage for rejected refugee claimants, restricting Minister-funded coverage to only public health or public safety health care coverage (treatment for contagious diseases posing public health risks or mental conditions posing public safety concerns) rather than comprehensive or supplemental medical care.","policyCategory":"Integration","policyTool":"Access to social benefits and socio-economic rights","sourceName":"Justice Laws Website","sourceUrl":"https://laws-lois.justice.gc.ca/eng/regulations/SI-2012-26/FullText.html","preciseCitation":"http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-02-16b.asp [accessed on 24.05.2013]; http://www.cic.gc.ca/english/refugees/outside/arriving-healthcare.asp [accessed on 11.09.2013]","evidencePassage":"- Interpretation 2 - Authorization 3 - Powers of Minister 10 - Restrictions 11 - Transitional Provisions 13 - Coming into Force Order Respecting the Interim Federal Health Program, 2012 SI/2012-26 Registration 2012-04-25 Order Respecting the Interim Federal Health Program, 2012 [Declared to be of no force or effect in Canadian Doctors For Refugee Care v. Canada (Attorney General), 2014 FC 651, [2015] 2 FCR 267.] P.C. 2012-433 2012-04-05 His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, hereby (a) repeals Order in Council P.C. … 157-11/848 of June 20, 1957; and (b) makes the annexed Order Respecting the Interim Federal Health Program, 2012. Interpretation 1 The following definitions apply in this Order.Act Act means the Immigration and Refugee Protection Act. (Loi)condition of public safety concern condition of public safety concern means a mental health condition in a person who has been examined by a physician licensed in Canada and for which the physician is of the opinion that the person will likely cause harm to others. (état préoccupant pour la sécurité publique)disease posing a risk to public health disease posing … or products are provided, designated under subsection 109.1(1) of the Act. 5 The Minister may pay the cost of public health or public safety health care coverage incurred for persons whose refugee claims have been rejected except for those whose removal order has been enforced pursuant to section 240 of the Immigration and Refugee Protection Regulations. 6 The Minister may pay the cost of public health or public safety health care coverage and immigration medical examinations incurred for refugee claimants (a) while their refugee claims are suspended under subsection 103(1) or 105(1) of the Act … subsection (2), this Order comes into force on June 30, 2012. Footnote *(2) Subsection 4(3), paragraph 6(b) and section 12 come into force on the day on which section 12 of the Balanced Refugee Reform Act, chapter 8 of the Statutes of Canada, 2010, comes into force. Return to footnote *[Note: Subsection 4(3), paragraph 6(b) and section 12 in force December 15, 2012, see SI/2012-96.] Page Details Date modified: 2026-09-11 Justice Laws Website Constitutional Documents Related Resources Consolidated Acts and Regulations Search Help Contact Us Department of Justice Canada Family Law Criminal Justice Funding","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-8f2cd81800abcc862fcf","countryCode":"CA","country":"Canada","title":"Updated Ministerial Instructions","policyEffect":"Temporarily paused the intake of new applications under the Federal Skilled Worker Class (except PhD applicants and those with arranged employment) and the Federal Immigrant Investor Class starting July 1, 2012.","operativeDate":"2012-07-01","year":2012,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Temporarily paused the intake of new applications under the Federal Skilled Worker Class (except PhD applicants and those with arranged employment) and the Federal Immigrant Investor Class starting July 1, 2012.","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2012/2012-06-30/html/notice-avis-eng.html","preciseCitation":"Canada Gazette. Updated Ministerial Instructions.","evidencePassage":"These Instructions will come into force on July 1, 2012, and apply to applications received by designated CIC offices on or after July 1, 2012.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-d5623aa0fd9683ce1a9d","countryCode":"CA","country":"Canada","title":"Imposition of Temporary Resident Visa Requirement for Botswana, Namibia, Swaziland, St. Lucia, and St. Vincent","policyEffect":"Amends subsection 190(1) of the Immigration and Refugee Protection Regulations by removing Botswana, Namibia, Swaziland, St. Lucia, and St. Vincent from the list of countries whose citizens are exempt from obtaining a Temporary Resident Visa (TRV) to enter Canada. Phase scope: Applies immediately to all citizens of Botswana, Namibia, Swaziland, St. Lucia, and St. Vincent traveling to Canada.","operativeDate":"2012-09-11","year":2012,"affectedGroup":"Short-term visitors and travelers","materialConditionsAndExceptions":"Validated condition or limit: Vincent from the list of countries whose citizens are exempt from obtaining a Temporary Resident Visa (TRV) to enter Canada.","policyCategory":"Border and land control","policyTool":"Visa requirement","sourceName":"Canada Gazette, Part II","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2012/2012-09-26/html/sor-dors171-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 146, No. 20, SOR/2012-171","evidencePassage":"The regulatory amendment will remove Botswana, Namibia, Swaziland, St. Lucia and St. Vincent from the list of countries and territories whose citizens are exempt from the TRV requirement for travel to Canada under subsection 190(1) of the Immigration and Refugee Protection Regulations.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-3091d63df450f68fac38","countryCode":"CA","country":"Canada","title":"Application and Refugee Status Verification Requirements for Groups of Five and Community Sponsors","policyEffect":"Amends the Private Sponsorship of Refugees Program (PSRP) rules to require concurrent submission of the foreign national's permanent residence application and the sponsorship undertaking to the Case Processing Centre in Canada, and restricts Groups of Five and Community Sponsors to sponsoring individuals already recognized as refugees by UNHCR or a foreign state. Phase scope: National application to all Group of Five and Community Sponsor refugee sponsorships.","operativeDate":"2012-10-18","year":2012,"affectedGroup":"Privately sponsored refugees and private sponsor groups","materialConditionsAndExceptions":"","policyCategory":"Asylum and refugee protection","policyTool":"Application procedures","sourceName":"Canada Gazette, Part II","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2012/2012-11-07/html/sor-dors225-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 146, No. 23, SOR/2012-225","evidencePassage":"the foreign national has chosen to have their application for a permanent resident visa attached to the sponsorship application in accordance with paragraph 140.2(1)(b), the sponsor must send the sponsorship application and the application for a permanent resident visa to the Department’s Case Processing Centre in Canada for processing those applications. 10. Section 334 of the Regulations is replaced by the following: Applications for protection abroad 334. With the exception of subsection 140.3(1) of these Regulations, the Immigration and Refugee Protection Act applies to an applicant described … application intake control mechanism has had an adverse impact on the quality of applications and added to growing backlogs and long wait times. Description: The regulatory amendments will affect the PSRP resettlement application process and the Groups of Five (G5s) and Community Sponsors (CSs) sponsorship requirements. First, the changes will require the foreign national’s application for protection from abroad (permanent resident application) to be submitted at the same time as the sponsor’s application (sponsorship undertaking). These changes will also define what constitutes a complete application for protection from abroad and allow Citizenship and Immigration Canada (CIC) to return both applications (permanent residence and sponsorship undertaking) if information is missing. These measures are intended to reduce delays in the processing of privately sponsored refugee (PSR) applications. Second, the amendment to sponsorship provisions will limit G5s and CSs to submitting applications for persons recognized by either the United Nations High Commissioner for Refugees (UNHCR) or a foreign state as a refugee. Limiting access to the G5 and CS refugee sponsorship streams is intended … the G5 and CS streams of the PSRP is intended to complement the introduction of a cap on applications by SAHs in 2012 and is an equally important measure in the management of the global PSR inventory. The amendment will require that applications for sponsorship by a G5 or a CS include documented proof, from the UNHCR or a foreign state, that the applicant being sponsored is a recognized refugee. The amendment will reduce the total number of G5 and CS applications received each year, principally from among those applications least likely to meet the regulatory requirement for resettlement. This … will also increase the approval rates for G5- and CS-sponsored cases, requiring fewer visa officer resources to achieve the same number of landings. Currently, given low approval rates, visa officers must process about two cases for each refugee resettled to Canada. This amendment will improve operational efficiency, decrease processing times and reduce the inventory, which in turn will reduce wait times. The amendment will require applications for sponsorship by a G5 or CS to include documented proof from a foreign state or the UNHCR that the applicant being sponsored is a recognized refugee … protection capacity and engaging civil society in resettlement. Implementation, enforcement and service standards The new requirements will come into force upon registration. Sponsorship undertakings and permanent residence applications submitted prior to the coming into force of the regulatory amendments will not be affected. New application kits outlining the new sponsorship requirements for G5s and CSs will be developed. The CIC Web page explaining refugee sponsorship will also be updated to reflect the new sponsorship criteria. Citizenship and Immigration Canada will work with the UNHCR to ensure","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp4-185e4e6a15b023a5ec24","countryCode":"CA","country":"Canada","title":"Conditional Permanent Residence for Sponsored Spouses and Partners","policyEffect":"Introduces a condition under the Immigration and Refugee Protection Regulations requiring sponsored spouses or common-law/conjugal partners in a relationship of two years or less without children in common to cohabit in a conjugal relationship with their sponsor for two continuous years following receipt of permanent residence, subject to certain exceptions.","operativeDate":"2012-10-25","year":2012,"affectedGroup":"Family migrants","materialConditionsAndExceptions":"Validated condition or limit: Introduces a condition under the Immigration and Refugee Protection Regulations requiring sponsored spouses or common-law/conjugal partners in a relationship of two years or less without children in common to cohabit in a conjugal relationship with their sponsor for two continuous years following receipt of permanent residence, subject to certain exceptions.","policyCategory":"Family reunification","policyTool":"Status and rights","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2012/2012-11-07/html/sor-dors227-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 146, No. 23, SOR/2012-227","evidencePassage":"annexed form, to be laid before each House of Parliament; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 5(1) and section 32 of the Immigration and Refugee Protection Act (see footnote c), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations. REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS AMENDMENT 1. The Immigration and Refugee Protection Regulations (see footnote 1) are amended by adding the following after section 72: DIVISION 8 CONDITION APPLICABLE TO CERTAIN PERMANENT RESIDENTS Condition 72.1 (1) Subject to subsections (5) and (6), a permanent resident described in subsection (2) is subject to the condition that they must cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident. Permanent resident subject to condition (2) For the purpose of subsection (1) and subject to subsection (3), the permanent resident is a person who was a foreign national who (a) became a permanent resident after making an application for permanent residence as a member of the family class, or an application as a member of the spouse or common-law partner in Canada class to remain in Canada as a permanent resident, as applicable; (b) at the time the sponsor filed a sponsorship application with respect to the person under paragraph 130(1)(c) had been the spouse, common-law partner or conjugal partner of the sponsor, as applicable, for a period of two years or less; and (c) had no child in respect of whom both they and the sponsor were the parents at the time the sponsor filed a sponsorship application with respect to the person under paragraph","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ffb72d5e89ac97cd243d","countryCode":"CA","country":"Canada","title":"Regulations Amending the Citizenship Regulations","policyEffect":"Amended the Citizenship Regulations to require adult applicants for Canadian citizenship aged 18 to 54 to submit upfront objective evidence of language proficiency (such as third-party test results, secondary/post-secondary education transcripts in English or French, or completion of designated government language training programs) demonstrating basic competence in oral communication (Canadian Language Benchmark level 4).","operativeDate":"2012-11-01","year":2012,"affectedGroup":"All migrants","materialConditionsAndExceptions":"","policyCategory":"Integration","policyTool":"Access to citizenship","sourceName":"Canada Gazette, Part II, Volume 146, Number 21","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2012/2012-10-10/html/sor-dors178-eng.html","preciseCitation":"SOPEMI 2013: 240","evidencePassage":"Subsection 3(4) of the Citizenship Regulations (see footnote 1) is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d): (e) evidence that demonstrates that the applicant has an adequate knowledge of one of the official languages of Canada, including language test results or other evidence that demonstrates that the applicant meets the criteria set out in section 14. 2. Section 14 of the Regulations is replaced by the following: 14. A person is considered to have an adequate knowledge of one of the official … program inefficiencies resulting from processing applications from people who apply without adequate language skills. Finally, there are no specific criteria for the assessment of language proficiency and no objective evidence of language proficiency, which makes assessments challenging for decision makers. Description: The amendments to the Citizenship Regulations (the Regulations) require applicants to furnish evidence of language proficiency with their citizenship application, including language test results or other objective evidence such as evidence of completion of secondary or post-secondary education in English or French or evidence from certain government-funded language training programs. The amendments also establish clearer language assessment criteria that align with the established Canadian Language Benchmark/Niveaux de compétence linguistique canadiens (CLB/NCLC) level 4, which most closely matches the current level required for citizenship. The language level required for citizenship is not being increased. The regulatory amendments also clarify that the language skills to be assessed are speaking and listening. Finally, the amendments remove the current regulatory requirement … set of coordinated initiatives to strengthen the value of citizenship. 5. Description Section 3 of the Regulations is being amended to require applicants to furnish evidence of language proficiency with their citizenship application. Such evidence could include approved third-party language tests or alternative objective evidence. Administrative guidelines will provide a list of acceptable language tests which are correlated with the CLB/NCLCs, such as tests that are currently accepted for immigration to Canada. Guidelines will also specify acceptable alternative objective evidence such as completion of secondary or post-secondary education in French or English or achievement of a certain level in a language training course such as the federally funded Language Instruction for Newcomers to Canada/Cours de langue pour les immigrants au Canada (LINC/CLIC). Tests previously completed by the applicant and accepted for other purposes, such as tests taken as part of their immigration application as a principal applicant in the Federal Skilled Worker Class or the Canada Experience Class, will also be considered acceptable for citizenship purposes. Requiring evidence of language proficiency … provides citizenship judges with objective evidence on which to base their decision. It is expected that there will be a decrease in the number of language interviews with citizenship judges because applicants will only apply when they have the requisite language proficiency. Section 14 of the Regulations is also being amended to provide the criteria for assessing speaking and listening skills and to capture the key elements of CLB/NCLC level 4 descriptors, such as the ability to take part in short routine conversations about everyday topics, to use basic grammatical structures and tenses, to have … describing, measuring and recognizing the language proficiency of adult immigrants in both English and French. External tests have been correlated against them as they are used under the Immigration and Refugee Protection Act. Clarifying the language assessment criteria in section 14 of the Regulations increases consistency, fairness and transparency. Clear and consistent standards will also benefit government officials, employers and fellow members of society by increasing confidence in the language proficiency of citizens and in the citizenship program generally. The changes apply to adult citizenship applicants who must meet the language requirement. Currently, applicants aged 18 to 54 must meet the language requirement and, therefore, this is the group of people who will be required to provide upfront evidence of language proficiency. This represents approximately 134 000 applicants per year. All such applicants will be affected by the new Regulations and will need to provide evidence of their language proficiency. CIC will mitigate adverse impacts on applicants by allowing for a range of objective language proficiency evidence. It is expected that the majority of citizenship applicants","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-3b1ea0eb540cb4a8bf98","countryCode":"CA","country":"Canada","title":"Mandatory In-Person Reporting Requirements for Designated Foreign Nationals","policyEffect":"Adds Division 4.1 to the Immigration and Refugee Protection Regulations setting mandatory reporting conditions for designated foreign nationals (irregular arrivals) granted refugee protection, requiring in-person reporting within 30 days of status determination, annual reporting thereafter, and prompt notification of changes in address, employment, or travel outside Canada until permanent residence is obtained. Phase scope: Applies nationwide to all foreign nationals designated under the irregular arrival provisions who receive refugee protection.","operativeDate":"2012-11-23","year":2012,"affectedGroup":"Designated foreign nationals / irregular arrivals","materialConditionsAndExceptions":"Validated condition or limit: Adds Division 4.1 to the Immigration and Refugee Protection Regulations setting mandatory reporting conditions for designated foreign nationals (irregular arrivals) granted refugee protection, requiring in-person reporting within 30 days of status determination, annual reporting thereafter, and prompt notification of changes in address, employment, or travel outside Canada until permanent residence is obtained.","policyCategory":"Asylum and refugee protection","policyTool":"Obligations and reporting","sourceName":"Canada Gazette, Part II","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2012/2012-12-05/html/sor-dors244-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 146, No. 25, SOR/2012-244","evidencePassage":"174.1 (1) For the purposes of subsection 98.1(1) of the Act, a designated foreign national referred to in that subsection who has not become a permanent resident under subsection 21(2) of the Act must report to an officer as follows: (a) in person, not more than 30 days after refugee protection is conferred on the designated foreign national under paragraph 95(1)(b) or (c) of the Act; and (b) once a year in each year after the day on which the foreign national first reports to an officer under paragraph (a), on a date fixed by the officer.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recall-0f596ae9a820645332e4","countryCode":"CA","country":"Canada","title":"Refugee Appeal Division appeal provisions commenced","policyEffect":"Brought into force sections 73, 110, 111, 171, 194, and 195 of the Immigration and Refugee Protection Act, establishing the operational appeal mechanism and procedures of the Refugee Appeal Division (RAD).","operativeDate":"2012-12-15","year":2012,"affectedGroup":"Refugee claimants whose decisions are eligible for appeal to the Refugee Appeal Division","materialConditionsAndExceptions":"Validated condition or limit: The order commenced IRPA sections 73, 110, 111, 171, 194 and 195, including the appeal mechanism, procedures, time limits and related judicial-review provisions.","policyCategory":"Eligibility","policyTool":"Executive Instrument","sourceName":"Canada Gazette, Part II, Vol. 146, No. 26","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2012/2012-12-19/html/si-tr94-eng.html","preciseCitation":"SI/2012-94; operative 2012-12-15.","evidencePassage":"6: Vol. 146, No. 26 &mdash; December 19, 2012 Skip to main content Skip to \"About this site\" Language selection Français fr / Gouvernement du Canada Search Search Canada Gazette gazette.gc.ca canada.ca Search Menu Main Menu Jobs and the workplace Immigration and citizenship Travel and tourism Business and industry Benefits Health Taxes Environment and natural resources National security and defence Culture, history and sport Policing, justice and emergencies Transport and infrastructure Canada and the world Money and finances Science and innovation Topics menu Canada.ca Canada Gazette Publications Part II: Vol. 146 (2012) December 19, 2012 Vol. 146, No. 26 &mdash; December 19, 2012 Registration SI/2012-94 December 19, 2012 IMMIGRATION AND REFUGEE PROTECTION ACT Order Fixing December 15, 2012 as the Day on which Certain Sections of the Act Come into Force P.C. 2012-1586 November 29, 2012 His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness, pursuant to section 275 of the Immigration and Refugee Protection Act , chapter 27 of the Statutes of Canada, 2001, fixes December 15, 2012 as the day on which sections 73, 110, 111, 171, 194 and 195 of that Act come into force. EXPLANATORY NOTE ( This note is not part of the Order. ) Proposal This Order fixes December 15, 2012, as the day on which sections 73, 110, 111, 171, 194, and 195 of the Immigration and Refugee Protection Act (the Act), chapter 27 of the Statutes of Canada 2001, comes into force. Objective This Order will bring into force unproclaimed sections of the Immigration and Refugee Protection Act (IRPA) related to the Refugee Appeal Division (RAD) at the Immigration and Refugee Board (IRB). Background The Act received Royal Assent on November 1, 2001, and the majority of its provisions came into force on June 28, 2002. The provisions relating to the RAD — a mechanism provided in the Act so as to provide a right to appeal a decision of the RPD — were not implemented at that time, and remained unproclaimed. The Balanced Refugee Reform Act (BRRA), which received Royal Assent on June 29, 2010, amen","reviewMethod":"Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp5-7cbeb120608d37957aed","countryCode":"CA","country":"Canada","title":"Expedited Asylum Claim Timelines and Work Permit Restrictions for Designated Countries of Origin","policyEffect":"Establishes binding procedural time limits for refugee protection claims and appeals (including 15 days for port of entry Basis of Claim submission, 30 to 45 days for Designated Country of Origin hearings before the Refugee Protection Division, and 60 days for non-DCO hearings) and restricts issuance of work permits to DCO claimants until at least 180 days have passed without a decision. Phase scope: National scope governing all in-Canada refugee claimants with bifurcated timelines for DCO vs non-DCO applicants.","operativeDate":"2012-12-19","year":2012,"affectedGroup":"Asylum claimants / designated country of origin claimants","materialConditionsAndExceptions":"Validated condition or limit: Establishes binding procedural time limits for refugee protection claims and appeals (including 15 days for port of entry Basis of Claim submission, 30 to 45 days for Designated Country of Origin hearings before the Refugee Protection Division, and 60 days for non-DCO hearings) and restricts issuance of work permits to DCO claimants until at least 180 days have passed without a decision.","policyCategory":"Asylum and refugee protection","policyTool":"Adjudication procedures and work authorization","sourceName":"Canada Gazette, Part II","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2012/2012-12-19/html/sor-dors252-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 146, No. 26, SOR/2012-252","evidencePassage":"ing after section 159.7: DIVISION 3.1 CLAIM FOR REFUGEE PROTECTION — TIME LIMITS Documents and Information Time limit — provision of documents and information to officer 159.8 (1) For the purpose of subsection 99(3.1) of the Act, a person who makes a claim for refugee protection inside Canada other than at a port of entry must provide an officer with the documents and information referred to in that subsection not later than the day on which the officer determines the eligibility of their claim under subsection 100(1) of the Act. Time limit — provision of documents and information to Refugee P … rotection Division (2) Subject to subsection (3), for the purpose of subsection 100(4) of the Act, a person who makes a claim for refugee protection inside Canada at a port of entry must provide the Refugee Protection Division with the documents and information referred to in subsection 100(4) not later than 15 days after the day on which the claim is referred to that Division. Extension (3) If the documents and information cannot be provided within the time limit set out in subsection (2), the Refugee Protection Division may, for reasons of fairness and natural justice, extend that time limit … by the number of days that is necessary in the circumstances. Hearing Before Refugee Protection Division Time limits for hearing 159.9 (1) Subject to subsections (2) and (3), for the purpose of subsection 100(4.1) of the Act, the date fixed for the hearing before the Refugee Protection Division must be not later than (a) in the case of a claimant referred to in subsection 111.1(2) of the Act, (i) 30 days after the day on which the claim is referred to the Refugee Protection Division, if the claim is made inside Canada other than at a port of entry, and (ii) 45 days after the day on which the … claim is referred to the Refugee Protection Division, if the claim is made inside Canada at a port of entry; and (b) in the case of any other claimant, 60 days after the day on which the claim is referred to the Refugee Protection Division, whether the claim is made inside Canada at a port of entry or inside Canada other than at a port of entry. Exclusion (2) If the time limit set out in subparagraph (1)(a)(i) or (ii) or paragraph (1)(b) ends on a Saturday, that time limit is extended to the next working day. Exceptions (3) If the hearing cannot be held within the time limit set out in subpara … of those time limits by the number of days that is necessary in the circumstances. Time limit for decision 159.92 (1) Subject to subsection (2), for the purpose of subsection 110(3.1) of the Act, except when a hearing is held under subsection 110(6) of the Act, the time limit for the Refugee Appeal Division to make a decision on an appeal is 90 days after the day on which the appeal is perfected. Exception (2) If it is not possible for the Refugee Appeal Division to make a decision on an appeal within the time limit set out in subsection (1), the decision must be made as soon as feasible afte … r that time limit. 2. Section 206 of the Regulations is renumbered as subsection 206(1) and is amended by adding the following: Exception (2) Despite subsection (1), a work permit must not be issued to a claimant referred to in subsection 111.1(2) of the Act unless at least 180 days have elapsed since their claim was referred to the Refugee Protection Division. COMING INTO FORCE 3. These Regulations come into force on the day on which section 14.1 of the Balanced Refugee Reform Act, chapter 8 of the Statutes of Canada, 2010, comes into force, but if they are registered after that day, they com … menu Canada.ca Canada Gazette Publications Part II: Vol. 146 (2012) December 19, 2012 Vol. 146, No. 26 — December 19, 2012 Registration SOR/2012-252 November 30, 2012 IMMIGRATION AND REFUGEE PROTECTION ACT Regulations Amending the Immigration and Refugee Protection Regulations P.C. 2012-1589 November 29, 2012 Whereas, pursuant to subsection 5(2) (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), the Minister of Citizenship and Immigration has caused a copy of the proposed Regulations Amending the Immigration and Refugee Protection Regulations, substantially in the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recall-99ff3eb3e2a00eb13480","countryCode":"CA","country":"Canada","title":"Federal Skilled Trades Class created","policyEffect":"Establishes the Federal Skilled Trades Class within the economic class under the Immigration and Refugee Protection Regulations, introducing criteria for qualifying trade experience, offers of employment or provincial/territorial qualification certificates, and language requirements.","operativeDate":"2013-01-02","year":2013,"affectedGroup":"Applicants seeking permanent residence through the Federal Skilled Trades Class","materialConditionsAndExceptions":"Validated condition or limit: Applicants had to meet the class's trade-experience and language requirements and hold a qualifying job offer or provincial or territorial certificate.","policyCategory":"New pathway","policyTool":"Regulation","sourceName":"Canada Gazette, Part II, Vol. 146, No. 26","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2012/2012-12-19/html/sor-dors274-eng.html","preciseCitation":"SOR/2012-274; operative 2013-01-02.","evidencePassage":"on and the correlation of those results with the benchmarks under subsection (4) are conclusive evidence of the foreign national’s proficiency in the official languages of Canada for the purposes of subsection (1). TRANSITIONAL PROVISION 18. (1) A permanent resident visa application for the Canadian experience class that is made before the day on which section 13 comes into force will be processed in accordance with Part 6 of the Immigration and Refugee Protection Regulations as that Part read immediately before the coming into force of section 13. (2) A permanent resident visa application for the federal skilled worker class that is made before the day on which sections 9 to 12 come into force will be processed in accordance with Part 6 of the Immigration and Refugee Protection Regulations as that Part read immediately before the coming into force of sections 9 to 12. COMING INTO FORCE 19. (1) Subject to subsection (2), these Regulations come into force on January 2, 2013. (2) Subsection 5(1) to (3) and sections 6 and 7 and 9 to 12 come into force on May 4, 2013. REGULATORY IMPACT ANALYSIS STATEMENT ( This statement is not part of the Regulations. ) Executive summary Issue: The Economic Action Plan 2012 announced the Government of Canada’s intention to build a fast and flexible economic immigration selection system with a primary focus on meeting Canada’s labour market needs. These needs are evolving, marked by an ageing workforce and an economy that has a growing requirement for highly skilled professionals, paired with emerging shortages in certain skilled trades. Limited access to the type of talent required by Canada’s labour market inhibits economic growth. Federal economic immigration programs seek to supplement domestic labour supply by selecting highly skilled applicants with work experience in managerial, professional, technical or trade occupati","reviewMethod":"Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-8dc029b6fd7148ad083a","countryCode":"CA","country":"Canada","title":"Parents and grandparents sponsorship intake pause extended to January 2014","policyEffect":"From June 15, 2013, ministerial instructions extended the existing pause on accepting new parents and grandparents sponsorship applications under the family class until January 1, 2014. The subsequent capped intake began under a separate provision on January 2, 2014 and is recorded separately.","operativeDate":"2013-06-15","year":2013,"affectedGroup":"Sponsors seeking to submit new parents and grandparents applications under the family class","materialConditionsAndExceptions":"Validated condition or limit: From June 15, 2013, ministerial instructions extended the existing pause on accepting new parents and grandparents sponsorship applications under the family class until January 1, 2014.","policyCategory":"Migration policy","policyTool":"","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2013/2013-06-15/html/notice-avis-eng.html","preciseCitation":"","evidencePassage":"member of the family class, to contribute to a strategy to reduce the current backlog of applications and to reduce the likelihood of future backlogs and lengthy wait times. Part One — Extension of the temporary pause on applications to sponsor Parents and Grandparents as members of the family class The temporary pause on the acceptance for processing of new applications for sponsorship of Parents and Grandparents as members of the family class, which has been in place since November 5, 2011, will remain in place until January 1, 2014. Part Two — Cap on the number of applications to sponsor Parents","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-566354136020df070c39","countryCode":"CA","country":"Canada","title":"Introduction of Labour Market Opinion (LMO) Employer Processing Fee","policyEffect":"Amends the Immigration and Refugee Protection Regulations by adding section 315.2 to establish a $275 fee payable by employers for each position requested under an application for an opinion (LMO) from HRSDC, exempting primary agriculture and seasonal agricultural workers. Phase scope: entire_policy","operativeDate":"2013-07-31","year":2013,"affectedGroup":"Temporary workers","materialConditionsAndExceptions":"Validated condition or limit: Amends the Immigration and Refugee Protection Regulations by adding section 315.2 to establish a $275 fee payable by employers for each position requested under an application for an opinion (LMO) from HRSDC, exempting primary agriculture and seasonal agricultural workers.","policyCategory":"Work authorization","policyTool":"Fees","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2013/2013-07-31/html/sor-dors149-eng.html","preciseCitation":"Canada Gazette Part II, Vol. 147, No. 16, SOR/2013-149, July 31, 2013","evidencePassage":"315.2 (1) A fee of $275 is payable for the provision of services in relation to an opinion from the Department of Human Resources and Skills Development that is requested by an employer or group of employers under subsection 203(2) for each offer of employment in respect of which the request is made.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-30e6d597f12b459973c7","countryCode":"CA","country":"Canada","title":"Restriction of Official Language Requirements for Temporary Foreign Worker LMOs","policyEffect":"Amends section 203 of the Immigration and Refugee Protection Regulations to establish that employment of a foreign national is unlikely to have a positive or neutral effect on the Canadian labour market if the job offer requires communication in a language other than English or French, unless demonstrated as a bona fide job requirement or in primary agriculture. Phase scope: entire_policy","operativeDate":"2013-07-31","year":2013,"affectedGroup":"Temporary workers","materialConditionsAndExceptions":"Validated condition or limit: Amends section 203 of the Immigration and Refugee Protection Regulations to establish that employment of a foreign national is unlikely to have a positive or neutral effect on the Canadian labour market if the job offer requires communication in a language other than English or French, unless demonstrated as a bona fide job requirement or in primary agriculture.","policyCategory":"Work authorization","policyTool":"Eligibility","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2013/2013-07-31/html/sor-dors150-eng.html","preciseCitation":"Canada Gazette Part II, Vol. 147, No. 16, SOR/2013-150, July 31, 2013","evidencePassage":"form, to be laid before each House of Parliament; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 5(1) and section 32 (see footnote c) of the Immigration and Refugee Protection Act (see footnote d), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations. REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS AMENDMENTS 1. (1) Section 203 of the Immigration and Refugee Protection Regulations (see footnote 1) is amended by adding the following after subsection (1): Effect on labour market — language (1.01) For the purposes of paragraph (1)(b), the employment of a foreign national is unlikely to have a positive or neutral effect on the labour market in Canada if the offer of employment requires the ability to communicate in a language other than English or French, unless (a) the employer or group of employers demonstrates that the ability to communicate in the other language is a bona fide requirement for performing the duties associated with the employment; (b) the offer of employment relates to work to be performed under an international agreement between Canada and one or more countries concerning seasonal agricultural workers; or (c) the offer of employment relates to other work to be performed in the primary agriculture sector, within the meaning of subsection 315.2(4). (2) The portion of subsection 203(3) of the Regulations before paragraph (a) is replaced by the following: Factors — effect on labour market (3) An opinion provided by the Department of Human Resources and Skills Development with respect to the matters referred to in paragraph (1)(b) shall, unless the employment of the foreign national is unlikely to have a positive or neutral effect on the labour market in Canada as a result of the application of subsection (1.01), be based on the following factors: COMING INTO FORCE 2. These Regulations come into force on the day on which they are published in the Canada Gazette, Part II. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Background The Temporary Foreign Worker Program (TFWP) helps employers address their immediate skills and labour needs when qualified Canadians and permanent residents are not available. Employers who wish to hire a temporary foreign worker (TFW) must, unless exempted by the Immigration and Refugee Protection Regulations, submit a request for an opinion from Human Resources and Skills Development Canada which includes an assessment of the labour market impact. Multiple TFW positions can be included on a single labour market opinion (LMO) request. If a positive or neutral LMO is obtained, the foreign national applies to Citizenship and Immigration Canada (CIC) for a work permit and, if this is granted, may then enter Canada as a TFW. The TFWP is jointly administered by Human Resources and Skills Development Canada (HRSDC), CIC … other than French or English is not justified. Attempts to address this issue through policy instruments, operational directives, or through communications with employers during the assessment of the LMOs have not been able to achieve the objective to ensure that Canadians and permanent residents are given the first chance at available jobs. Therefore, restricting employers from requiring languages other than French or English through regulatory amendments is necessary. Implementation, enforcement and service standards The regulatory amendments will come into force on the date they are published","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-9397ec54781332e9e438","countryCode":"CA","country":"Canada","title":"Faster Removal of Foreign Criminals Act","policyEffect":"Brought into force sections 6 to 8 of the Faster Removal of Foreign Criminals Act amending the Immigration and Refugee Protection Act to allow the Minister of Citizenship and Immigration to declare that certain foreign nationals may not become temporary residents for a period of up to three years based on public policy considerations.","operativeDate":"2013-08-30","year":2013,"affectedGroup":"Foreign nationals, other than a foreign national referred to in section 19 of the irpa","materialConditionsAndExceptions":"Validated condition or limit: Brought into force sections 6 to 8 of the Faster Removal of Foreign Criminals Act amending the Immigration and Refugee Protection Act to allow the Minister of Citizenship and Immigration to declare that certain foreign nationals may not become temporary residents for a period of up to three years based on public policy considerations.","policyCategory":"Removal or readmission","policyTool":"Enforcement","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2013/2013-09-25/html/si-tr99-eng.html","preciseCitation":"","evidencePassage":"This Order brings into force sections of the Act related to a new authority for refusal that amend the Immigration and Refugee Protection Act (IRPA). The amendments allow the Minister of Citizenship and Immigration to declare that a foreign national, other than a foreign national referred to in section 19 of the IRPA, may not become a temporary resident for a period of up to three years if the Minister is of the opinion that it is justified by public policy considerations.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp4-c8c745c03bc5f58b3b20","countryCode":"CA","country":"Canada","title":"Ministerial Instructions Respecting the Start-up Business Class, 2013-2","policyEffect":"Replaced the initial April 2013 Start-up Business Class instructions to expand eligible designated entities to include business incubators, permitting foreign entrepreneur applicants to qualify by securing acceptance into a designated business incubator program (in addition to venture capital funds and angel investor groups).","operativeDate":"2013-10-26","year":2013,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Replaced the initial April 2013 Start-up Business Class instructions to expand eligible designated entities to include business incubators, permitting foreign entrepreneur applicants to qualify by securing acceptance into a designated business incubator program (in addition to venture capital funds and angel investor groups).","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2013/2013-10-26/html/notice-avis-eng.html","preciseCitation":"Department of Citizenship and Immigration / Canada Gazette, Part I","evidencePassage":"Science and innovation Topics menu Canada.ca Canada Gazette Publications Part I: Vol. 147 (2013) October 26, 2013 Canada Gazette, Part I, Volume 147, Number 43: GOVERNMENT NOTICES October 26, 2013 DEPARTMENT OF CITIZENSHIP AND IMMIGRATION IMMIGRATION AND REFUGEE PROTECTION ACT Ministerial Instructions Respecting the Start-up Business Class, 2013-2 The Minister of Citizenship and Immigration, pursuant to section 14.1 (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), gives the annexed Ministerial Instructions Respecting the Start-up Business Class, 2013-2. Ottawa, October … business” means a business that meets the requirements of section 7. “Regulations” « Règlement » “Regulations” means the Immigration and Refugee Protection Regulations. Establishment of start-up business class 2. (1) The start-up business class is established as part of the economic class referred to in subsection 12(2) of the Act and consists of foreign nationals who have the ability to become economically established in Canada and meet the requirements of this section. Member of class (2) An applicant is a member of the start-up business class if they (a) have obtained a commitment from (i) a designated business incubator confirming that it is accepting the applicant’s qualifying business into its business incubator program, (ii) a designated angel investor group confirming that it is investing at least $75,000 in the applicant’s qualifying business or two or more designated angel investor groups confirming that they are together investing a total of at least $75,000 in that business, or (iii) a designated venture capital fund confirming that it is investing at least $200,000 in the applicant’s qualifying business or two or more designated venture capital funds confirming that they are … For the purposes of these Instructions, (a) the entities set out in Schedule 1 are designated as business incubators; (b) the entities set out in Schedule 2 are designated as angel investor groups; and (c) the entities set out in Schedule 3 are designated as venture capital funds. Status of entities 5. For greater certainty, a business incubator, an angel investor group or a venture capital fund designated under section 4 is considered not to be under the control of the Minister in respect of any matter relating to these Instructions. Form of commitment 6. (1) A commitment must be in a written … law partner, $550; and (c) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150. Non-application 14. (1) The following provisions of the Regulations do not apply to the start-up business class: (a) sections 108 and 109; and (b) paragraph 295(1)(c). Application of section 107 of Regulations (2) Section 107 of the Regulations applies to the start-up business class, with such modifications as the circumstances require. Repeal 15. The Ministerial Instructions Respecting the Start-up Business Class, published in the … Canada Gazette, Part Ⅰ, on March 30, 2013 are repealed. Effective period 16. These Instructions have effect during the period beginning on October 26, 2013 and ending on March 31, 2018. SCHEDULE 1 (Paragraph 4(a)) DESIGNATED BUSINESS INCUBATORS Communitech GrowLab Innovacorp Innovate Calgary Toronto Business Development Centre (TBDC) SCHEDULE 2 (Paragraph 4(b)) DESIGNATED ANGEL INVESTOR GROUPS Angel One Network Inc. First Angel Network Association Golden Triangle Angel Network SCHEDULE 3 (Paragraph 4(c)) DESIGNATED VENTURE CAPITAL FUNDS Advantage Growth (No.2) L.P. BDC Venture Capital Blackberry","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-1353af1bc6e0f65ce39e","countryCode":"CA","country":"Canada","title":"Ministerial Instructions Respecting the Canadian Experience Class (MI-10)","policyEffect":"Established an annual cap of 12,000 complete applications for the Canadian Experience Class (CEC), sub-caps of 200 per NOC Skill Level B occupation, and designated six NOC Skill Level B occupations as ineligible.","operativeDate":"2013-11-09","year":2013,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"Canada Gazette, Part I, Volume 147, Number 45","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2013/2013-11-09/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Volume 147, Number 45. Ministerial Instructions Respecting the Canadian Experience Class (MI-10).","evidencePassage":"These Instructions will come into force on November 9, 2013, and apply to applications received by the designated Citizenship and Immigration Canada (CIC) office on or after November 9, 2013.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-ee076f464adc654393bd","countryCode":"CA","country":"Canada","title":"Lifting of Temporary Resident Visa Requirement for Citizens of the Czech Republic","policyEffect":"Amends paragraph 190(1)(a) of the Immigration and Refugee Protection Regulations to add the Czech Republic to the list of countries whose citizens are exempt from the requirement to obtain a Temporary Resident Visa to enter Canada. Phase scope: entire_policy","operativeDate":"2013-11-14","year":2013,"affectedGroup":"Short term visitors","materialConditionsAndExceptions":"Validated condition or limit: Amends paragraph 190(1)(a) of the Immigration and Refugee Protection Regulations to add the Czech Republic to the list of countries whose citizens are exempt from the requirement to obtain a Temporary Resident Visa to enter Canada.","policyCategory":"Border control","policyTool":"Visa waiver","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2013/2013-12-04/html/sor-dors201-eng.html","preciseCitation":"Canada Gazette Part II, Vol. 147, No. 25, SOR/2013-201, December 4, 2013","evidencePassage":"annexed Regulations Amending the Immigration and Refugee Protection Regulations. REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS AMENDMENT 1. Paragraph 190(1)(a) of the Immigration and Refugee Protection Regulations (see footnote 1) is replaced by the following: (a) are a citizen of Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Brunei Darussalam, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Federal Republic of Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Republic of Korea, Latvia, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Papua New Guinea, Portugal, St. Kitts and Nevis, Samoa, San Marino, Singapore, Slovakia, Slovenia, Solomon Islands, Spain, Sweden or Switzerland; COMING INTO FORCE 2. These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Executive summary Issue: Citizens of the Czech Republic are currently required to apply for and obtain a temporary resident visa before travelling to Canada. A comprehensive review, carried out in 2011, along with continued … monitoring of the conditions and trends in the Czech Republic have indicated that the Czech Republic now meets Canada’s criteria for a temporary resident visa exemption. As a result, Citizenship and Immigration Canada (CIC) will add the Czech Republic to the list of countries and territories whose citizens are exempt from the requirement to obtain a temporary resident visa before travelling to Canada. Description: The regulatory amendment will add the Czech Republic to the list of countries and territories whose citizens are exempt from the temporary resident visa requirement for travel to Canada … security concerns that may arise as a result of the Czech Republic’s exemption from the temporary resident visa requirement. It is anticipated that Canada’s reformed asylum system, along with the inclusion of the Czech Republic on the DCO list, will provide Canada with better capacity to process a potential increase in asylum claims once the temporary resident visa exemption is in place. Implementation, enforcement and service standards This regulatory amendment will come into force upon registration. As this regulation removes the temporary resident visa requirement, no compliance measures are","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-e89fd077e5a48447ba3f","countryCode":"CA","country":"Canada","title":"Ministerial Authority to Bar Temporary Entry on Public Policy Grounds Regulations","policyEffect":"Amends the Immigration and Refugee Protection Regulations (IRPR) to bar immigration officers from issuing temporary resident visas or restoring temporary resident status to foreign nationals subject to a declaration by the Minister under IRPA subsection 22.1(1) on public policy grounds, and establishes procedures for affected foreign nationals to make written submissions within 60 days to request revocation or shortening of the declaration. Phase scope: entire_policy","operativeDate":"2013-11-25","year":2013,"affectedGroup":"Inadmissible foreign nationals / temporary residents","materialConditionsAndExceptions":"Validated condition or limit: Amends the Immigration and Refugee Protection Regulations (IRPR) to bar immigration officers from issuing temporary resident visas or restoring temporary resident status to foreign nationals subject to a declaration by the Minister under IRPA subsection 22.1(1) on public policy grounds, and establishes procedures for affected foreign nationals to make written submissions within 60 days to request revocation or shortening of the declaration.","policyCategory":"Legal entry and stay","policyTool":"Inadmissibility / enforcement / discretionary relief","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2013/2013-12-04/html/sor-dors210-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 147, No. 25, SOR/2013-210 (November 25, 2013)","evidencePassage":"THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS AMENDMENTS 1. Section 179 of the Immigration and Refugee Protection Regulations (see footnote 1) is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f): (g) is not the subject of a declaration made under subsection 22.1(1) of the Act. 2. Section 182 of the Regulations is replaced by the following: Restoration 182. On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act. DIVISION 1.1 DECLARATION UNDER SUBSECTION 22.1(1) OF THE ACT Notice 182.1 If the Minister makes a declaration under subsection 22.1(1) of the Act in respect of a foreign national … .1) of the Act to not seek to enter or remain in Canada as a temporary resident while being the subject of a declaration made under subsection 22.1(1) of the Act, an exclusion order; and 5. The Regulations are amended by adding the following before section 259: Prescribed persons 258.1 For the purposes of paragraph 148(1)(a) of the Act, a person who is the subject of a declaration made under subsection 22.1(1) of the Act is a prescribed person unless they hold a valid temporary resident permit issued under section 24 of the Act. COMING INTO FORCE 6. These Regulations come into force on the day","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-ca-work-permit-revocation-20131231","countryCode":"CA","country":"Canada","title":"Public-policy grounds for work permit revocation specified","policyEffect":"From December 31, 2013, ministerial instructions specified grounds that could justify revoking a work permit. They covered a revoked underlying labour market opinion; specified employer-linked permits where new information showed that the employment had or would have a significantly greater negative effect than benefit for developing a strong Canadian economy, unless revocation would conflict with an international trade obligation; false, misleading or inaccurate employer information; employers added to the regulatory non-compliance list; and permits based on a relationship to another foreign national whose permit was being or had been revoked.","operativeDate":"2013-12-31","year":2013,"affectedGroup":"Foreign nationals holding work permits covered by the revocation instructions","materialConditionsAndExceptions":"Validated condition or limit: specified employer-linked permits where new information showed that the employment had or would have a significantly greater negative effect than benefit for developing a strong Canadian economy, unless revocation would conflict with an international trade obligation","policyCategory":"Migration policy","policyTool":"","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2013/2013-12-28/html/notice-avis-eng.html","preciseCitation":"Work permit revocation instructions, sections 2–3 (2013), and sections 2–5 (2016).","evidencePassage":"tructions. “Act” « Loi » “Act” means the Immigration and Refugee Protection Act. “Regulations” « Règlement » “Regulations” means the Immigration and Refugee Protection Regulations. Public policy considerations 2. For the purposes of subsection 30(1.41) of the Act, the public policy considerations that may justify the revocation of a work permit under that subsection are that (a) the opinion that was provided by the Department of Employment and Social Development and on the basis of which the work permit was issued was subsequently revoked; (b) in the case of a work permit that was issued to a … foreign national referred to in any of subparagraphs 200(1)(c)(i) to (ii.1) of the Regulations with respect to a specified employer, new information becomes available indicating that the employment of the foreign national under the work permit is having or will have a significantly greater negative effect than benefit with respect to the development of a strong Canadian economy, unless the revocation of that work permit would be inconsistent with any trade obligation of the Government of Canada under an international agreement; (c) the employer or group of employers provided false, misleading … or inaccurate information in the context of the application for the work permit; (d) the employer’s name has been added to the list referred to in subsection 209.91(3) of the Regulations; and (e) the work permit was issued to a foreign national on the basis of their relationship to another foreign national and the work permit of that other foreign national has since been or is currently being revoked. Taking effect 3. These Instructions take effect on December 31, 2013. [52-1-o] … DEPARTMENT OF CITIZENSHIP AND IMMIGRATION IMMIGRATION AND REFUGEE PROTECTION ACT Ministerial Instructions Respecting the Revocation of Work Permits The Minister of Citizenship and Immigration, pursuant to subsection 30(1.41) (see footnote c) of the Immigration and Refugee Protection Act (see footnote d), gives the annexed Ministerial Instructions Respecting the Revocation of Work Permits. Ottawa, December 17, 2013 CHRIS ALEXANDER Minister of Citizenship and Immigration MINISTERIAL INSTRUCTIONS RESPECTING THE REVOCATION OF WORK PERMITS Definitions 1. The following definitions apply in these Ins","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-2a71bed470a94a7dc0f0","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations","policyEffect":"Amended the Immigration and Refugee Protection Regulations to establish stricter compliance requirements, inspection powers, and restrictions prohibiting temporary foreign workers from entering into employment agreements with non-compliant employers or employers in adult service sectors.","operativeDate":"2013-12-31","year":2013,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Work authorization","policyTool":"Eligibility","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2014/2014-01-01/html/sor-dors245-eng.html","preciseCitation":"Canada Gazette. Regulations Amending the Immigration and Refugee Protection Regulations.; SOPEMI 2013: 240","evidencePassage":"8. These Regulations come into force on December 31, 2013.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-2c2b3708658fa6de51eb","countryCode":"CA","country":"Canada","title":"Work-permit application processing suspended when the underlying labour market opinion is suspended","policyEffect":"From December 31, 2013, officers had to suspend processing of work-permit applications under IRPR subparagraph 200(1)(c)(iii) when ESDC suspended the relevant labour market opinion on the specified public-policy grounds. The instructions covered applications received on or after that date and earlier applications not yet processed or still pending. Applicants were to be informed that processing would not continue until the opinion suspension was no longer in effect.","operativeDate":"2013-12-31","year":2013,"affectedGroup":"Foreign nationals with affected pending work-permit applications under irpr subparagraph 200(1)(c)(iii)","materialConditionsAndExceptions":"Validated condition or limit: The instructions covered applications received on or after that date and earlier applications not yet processed or still pending.; Applicants were to be informed that processing would not continue until the opinion suspension was no longer in effect.","policyCategory":"Work authorization","policyTool":"Processing suspension / binding guidance","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2013/2013-12-28/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Vol. 147, No. 52, December 28, 2013","evidencePassage":"applications for temporary foreign workers Officers are instructed to suspend the processing of applications for work permits made by foreign nationals under subparagraph 200(1)(c)(iii) of the Immigration and Refugee Protection Regulations where the relevant opinion has been suspended by ESDC for public policy considerations specified by the Minister of Employment and Social Development pursuant to subsection 30(1.43) of IRPA. Applicants for work permits affected by these Instructions shall be informed that the processing of their application will not continue until such a time as the opinion suspension is no longer in effect. [52-1-o] DEPARTMENT OF CITIZENSHIP AND IMMIGRATION IMMIGRATION AND REFUGEE PROTECTION ACT Ministerial Instructions Respecting the Revocation of Work Permits The Minister of Citizenship and Immigration, pursuant to subsection 30(1.41) (see footnote c) of the Immigration and Refugee Protection Act (see footnote d), gives the annexed Ministerial Instructions Respecting the Revocation of Work Permits. Ottawa, December 17, 2013 CHRIS ALEXANDER Minister of Citizenship and Immigration MINISTERIAL INSTRUCTIONS RESPECTING THE REVOCATION OF WORK PERMITS Definitions 1. The","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-ca-pgp-capped-intake-20140102","countryCode":"CA","country":"Canada","title":"Parents and grandparents sponsorship intake resumed with a 5,000-application cap","policyEffect":"From January 2, 2014, Canada accepted up to 5,000 new complete parents and grandparents sponsorship applications per year for processing. Applications had to reach the designated processing centre in Mississauga on or after that date, meet the current application-kit requirements, and fall within the cap according to receipt order. The first cap year ran from January 2, 2014 through January 1, 2015.","operativeDate":"2014-01-02","year":2014,"affectedGroup":"Sponsors submitting complete parents and grandparents applications under the family class for the capped intake","materialConditionsAndExceptions":"Validated condition or limit: From January 2, 2014, Canada accepted up to 5,000 new complete parents and grandparents sponsorship applications per year for processing.; Applications had to reach the designated processing centre in Mississauga on or after that date, meet the current application-kit requirements, and fall within the cap according to receipt order.","policyCategory":"Migration policy","policyTool":"","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2013/2013-06-15/html/notice-avis-eng.html","preciseCitation":"","evidencePassage":"rents and Grandparents as members of the family class to be processed as of January 2, 2014 Beginning January 2, 2014, a maximum of 5 000 new complete applications for sponsorship of Parents and Grandparents as members of the family class will be accepted for processing each year, unless otherwise indicated in a future Ministerial Instruction. These applications will be processed only if received by the Centralized Processing Centre in Mississauga, Ontario (hereafter CPC-Mississauga), on or after January 2, 2014. In order to be included under the cap and considered for processing, applications … must be completed according to the application kit requirements in place at the time the application is received by CPC-Mississauga. In calculating the cap, sponsorship applications for Parents and Grandparents will be considered in the order of the date they are received. Applications received on the same date will be considered for processing having regard to routine office procedures. The cap year will begin on January 2, 2014, and end on January 1, 2015, unless otherwise indicated in a future Ministerial Instruction. Subsequent years will be calculated from January 2 to January 1 of the f … r's mother or father [paragraph 117(1)(c) of the Immigration Refugee Protection Regulations (IRPR)] or the mother or father of the sponsor's mother or father (paragraph 117(1)(d) of the IRPR) [hereafter Parents and Grandparents] as members of the family class that are received by the designated CIC office as per the dates set out below in Parts One and Two. Any categories for which Instructions are not specifically issued shall continue to be processed in the usual manner, as per processing priorities established by the Department. These Instructions are consistent with the IRPA objectives as … laid out in section 3 and are compliant with the Canadian Charter of Rights and Freedoms. The Instructions respect all previously established accords and agreements including the Quebec-Canada Accord and all existing agreements with provinces and territories. These Instructions, with the exception of Part Two which comes into force on January 2, 2014, come into force on their date of publication in the Canada Gazette. Applications for sponsorship of a Parent or Grandparent These Instructions are intended to manage the processing of applications for sponsorship of Parents and Grandparents as a","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-69ca05d3d072068e537f","countryCode":"CA","country":"Canada","title":"Order Fixing February 6, 2014 as the Day on which Sections 170 and 171 of the Act Come into Force","policyEffect":"Brought into force sections 170 and 171 of the Economic Action Plan 2013 Act, No. 1, exempting citizenship fees from the User Fees Act and expanding regulatory authority over them.","operativeDate":"2014-02-06","year":2014,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"Order bringing into force sections 170 and 171 of the Economic Action Plan 2013 Act, No. 1","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2014/2014-02-12/html/si-tr8-eng.html","preciseCitation":"Order bringing into force sections 170 and 171 of the Economic Action Plan 2013 Act, No. 1. Order Fixing February 6, 2014 as the Day on which Sections 170 and 171 of the Act Come into Force.","evidencePassage":"Objective This Order brings into force sections of the Act which exempt from the application of the User Fees Act fees for services provided in the administration of the Citizenship Act. The Order also brings into force a section of the Act amending the Citizenship Act to expand the Governor in Council’s authority to make regulations respecting fees for services provided in the administration of that Act and cases in which those fees may be waived.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-d84e5795366c2cf2963f","countryCode":"CA","country":"Canada","title":"Restructuring and Fee Revision of Temporary Resident Visa and Temporary Permit Applications","policyEffect":"Repealed differential single-entry vs. multiple-entry visa pricing and standardized temporary resident visa (TRV) processing to make multiple-entry visas the standard option at a reduced fee of $100 (family maximum capped at $500). Increased processing fees for work permits from $150 to $155 (with group caps at $465) and study permits from $125 to $150, and increased the fee for extension of authorization to remain as a temporary resident from $75 to $100. Phase scope: Nationwide for all temporary resident visa, study permit, work permit, and extension applications.","operativeDate":"2014-02-06","year":2014,"affectedGroup":"Temporary foreign workers, international students, and visitors","materialConditionsAndExceptions":"Validated condition or limit: multiple-entry visa pricing and standardized temporary resident visa (TRV) processing to make multiple-entry visas the standard option at a reduced fee of $100 (family maximum capped at $500).; Increased processing fees for work permits from $150 to $155 (with group caps at $465) and study permits from $125 to $150, and increased the fee for extension of authorization to remain as a temporary resident from $75 to $100.","policyCategory":"Temporary residence / visas / permits / administrative fees","policyTool":"Fee schedule revision / standard document terms","sourceName":"Canada Gazette Part II","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2014/2014-02-12/html/sor-dors19-eng.html","preciseCitation":"Canada Gazette Part II, Vol. 148, No. 4, February 12, 2014, SOR/2014-19, P.C. 2014-49","evidencePassage":"Immigration and Refugee Protection Regulations. REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS AMENDMENTS 1. Paragraph 294(a) of the Immigration and Refugee Protection Regulations (see footnote 1) is replaced by the following: (a) a fee payable under this Part is payable not per application but for each person in respect of whom an application is made; 2. (1) Subsection 296(1) of the Regulations is replaced by the following: Single or multiple entry — $100 296. (1) A fee of $100 is payable for processing an application for a temporary resident visa to enter Canada one or more times. (2) Subsection 296(2) of the Regulations is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (f) and by repealing paragraph (h). (3) Subsection 296(3) of the Regulations is replaced by the following: Maximum fee (3) The total amount of fees payable under subsection (1) by an applicant and their family members who apply at the same time and place shall not exceed $500. 3. Section 297 of the Regulations is repealed. 4. (1) Subsection 299(1) of the Regulations is replaced by the following: Fee — $155 299. (1) A fee of $155 is payable for processing an application for a work permit. (2) Subsection 299(3) of the Regulations is replaced by the following: Maximum fee (3) The total amount of fees payable under subsection (1) by a group of three or more persons, consisting of performing artists and their staff, who apply at the same time and place for a work permit is $465. 5. Subsection 300(1) of the Regulations is replaced by the following: Fee — $150 300. (1) A fee of $150 is payable for processing an application for a study permit. 6. Subsection 305(1) of the Regulations is replaced by the following: Fee — $100 305. (1) A fee of $100 is payable for processing an application under subsection 181(1). COMING INTO FORCE 7. These Regulations come into force on the day on which subsection 162(2) of the Economic Action Plan 2013 Act, No. 1, chapter 33 of the Statutes of Canada, 2013, comes into force. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Executive summary Issues: The current fees for processing an application for an extension of authorization to remain in Canada as a temporary resident (extension), an application for a temporary resident visa (TRV), and an application for a work … fee. Furthermore, from an operational perspective, this change will simplify CIC’s fee structure and associated administrative procedures surrounding cost recovery. Description The objectives described above are achieved through the following amendments to the IRPR: Create a single fee of $100 for processing an application for a TRV, where the current fee is $75 for processing an application for a SEV and $150 for processing an application for a MEV. Retain the current fee exceptions listed under the Regulations for single entry TRV; Increase the maximum fee charged to families for processing … TRV applications from $400 to $500; Increase the fee for processing an application for extension of authorization to remain in Canada as a TR from $75 to $100; Increase the fee for processing an application for a study permit from $125 to $150; and Increase the fee for processing an application for a work permit from $150 to $155 and increase the maximum work permit fee for a group of three or more performing artists and their staff from $450 to $465. Regulatory and non-regulatory options considered These Regulations are necessary in order for the Government of Canada to amend user fees that … temporary resident applications Fee Current Fee Amended Fee % Difference Temporary resident visa — single entry $75 $100 33% Temporary resident visa — multiple entry $150 $100 -33% Temporary resident visa — maximum fee (family) $400 $500 25% Extensions to visitor status $75 $100 33% Study permit $125 $150 20% Work permit $150 $155 3% Work permit — maximum fee (performing artists and their staff) $450 $465 3% The new fees will remain the lowest amongst competitor countries, such as the United States of America (USA), the United Kingdom (UK), New Zealand (NZ) and Australia. Temporary resident fee","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-e796b95f2e242ae043ce","countryCode":"CA","country":"Canada","title":"Federal Skilled Worker Class application intake cap and stream criteria established (MI11)","policyEffect":"Introduced an overall cap of 25,500 new complete permanent residence applications for the Federal Skilled Worker Class without an offer of arranged employment, consisting of a 25,000 cap across designated eligible occupations (sub-capped at 1,000 per occupation) and a 500 cap under a PhD student/graduate stream.","operativeDate":"2014-05-01","year":2014,"affectedGroup":"Prospective Federal Skilled Worker Class applicants submitting applications without arranged employment","materialConditionsAndExceptions":"There was no intake cap for applications with qualifying offers of arranged employment. Within the unarranged employment cap, a 1,000 application limit applied per eligible occupation, and 500 places were reserved for the PhD student/graduate stream.","policyCategory":"Eligibility","policyTool":"Intake cap","sourceName":"Canada Gazette, Part I, Volume 148, Number 17","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2014/2014-04-26/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Volume 148, Number 17, April 26, 2014, Government Notices, Department of Citizenship and Immigration, Immigration and Refugee Protection Act, Updated Ministerial Instructions, Federal Skilled Worker Class","evidencePassage":"These Instructions will come into force on May 1, 2014, and apply to applications received by designated Citizenship and Immigration Canada (CIC) offices on or after May 1, 2014. All applications received by designated CIC offices prior to May 1, 2014, shall continue to be considered for processing according to the Ministerial Instructions in place at the time of their receipt. Any categories for which Instructions are not specifically issued shall continue to be processed in the usual manner, as per processing priorities established by the Department. Economic Class Applications These Instructions are intended to manage the processing of new applications received for the Federal Skilled Worker Class, Federal Skilled Trades Class, and Canadian Experience Class in order to help address key labour market pressures faced by the Canadian economy while enabling CIC to prepare for the introduction of a new application management system. Federal Skilled Worker Class Cap on the number of applications to be processed A maximum of 25 500 new complete applications submitted for the Federal Skilled Worker Class, without an offer of arranged employment, will be considered for processing for the period of May 1, 2014, to April 30, 2015, unless otherwise indicated in a future Ministerial Instruction. The maximum of 25 500 new complete applications is allocated as follows: 1. A maximum of 25 000 applications will be considered for processing under an occupation list stream. Within the 25 000 cap, a maximum of 1 000 applications submitted for each eligible occupation set out below will be considered for processing; and 2. A maximum of 500 applications will be considered for processing under a PhD student/graduate stream. For further clarity, there is no limit on the number of new applications with offers of arranged employment that will be considered for processing.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4dd9df16c4545368fb52","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations","policyEffect":"Restricted study permit eligibility to students at Designated Learning Institutions (DLIs), required ongoing enrollment to maintain valid status, and granted eligible full-time international students automatic off-campus work authorization.","operativeDate":"2014-06-01","year":2014,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Restricted study permit eligibility to students at Designated Learning Institutions (DLIs), required ongoing enrollment to maintain valid status, and granted eligible full-time international students automatic off-campus work authorization.","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"Government of Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/news/notices/notice-new-regulations-international-students-finalized.html","preciseCitation":"canada.ca. Regulations Amending the Immigration and Refugee Protection Regulations.; Canada Gazette, Part II, Vol. 148, No. 13, SOR/2014-133.; Canada Gazette, Part II, Vol. 148, No. 4, SOR/2014-14.; Canada Gazette, Part II, Vol. 148, No. 24, SOR/2014-256.","evidencePassage":"Study permits will automatically authorize the holder to work off-campus for up to 20 hours per week during the academic session and full-time during scheduled breaks without the need to apply for a separate work permit.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-ca-stay-restoration-20140619","countryCode":"CA","country":"Canada","title":"Automatic removal stay restored for a bounded group of refugee claimants denied an appeal","policyEffect":"Effective June 19, 2014, SOR/2014-166 restored the pre-December 15, 2012 automatic removal-stay rule for judicial-review leave applications concerning Refugee Protection Division rejections that would have been appealable to the Refugee Appeal Division except for section 167 of the Economic Action Plan 2013 Act, No. 1. That cohort had claims referred after August 14 and before December 15, 2012, with rejection decisions taking effect after June 26, 2013. Applications for leave made before or after commencement qualify, but a pre-commencement application does not qualify if a specified event ending the stay had already occurred. Other independent appeal bars remain outside the cohort, including designated foreign nationals, designated-country cases, no-credible-basis or manifestly-unfounded claims, the statutory safe-third-country exception category, withdrawn or abandoned claims, and cessation or vacation decisions. The stay retains the serious-criminality and United States/St. Pierre and Miquelon entry-report exceptions, and does not apply to an application to extend the filing time. It lasts only until the earliest applicable refusal of leave or judicial review, expiry of a specified appeal period without an appeal, or dismissal/refusal at the Federal Court of Appeal or Supreme Court stages described in former section 231(1)(a)–(e). It does not restore Refugee Appeal Division appeal rights.","operativeDate":"2014-06-19","year":2014,"affectedGroup":"Otherwise rad-appealable refugee claimants excluded only by 2013 act section167, subject to preserved stay exceptions","materialConditionsAndExceptions":"Validated condition or limit: Effective June 19, 2014, SOR/2014-166 restored the pre-December 15, 2012 automatic removal-stay rule for judicial-review leave applications concerning Refugee Protection Division rejections that would have been appealable to the Refugee Appeal Division except for section 167 of the Economic Action Plan 2013 Act, No.; That cohort had claims referred after August 14 and before December 15, 2012, with rejection decisions taking effect after June 26, 2013.; Applications for leave made before or after commencement qualify, but a pre-commencement application does not qualify if a specified event ending the stay had already occurred.; Other independent appeal bars remain outside the cohort, including designated foreign nationals, designated-country cases, no-credible-basis or manifestly-unfounded claims, the statutory safe-third-country exception category, withdrawn or abandoned claims, and…","policyCategory":"Asylum","policyTool":"Procedural protection","sourceName":"Canada Gazette and Justice Laws","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2014/2014-07-02/html/sor-dors166-eng.html","preciseCitation":"SOR/2014-166, ss1–2; SOR/2012-272; former IRPR231; 2013c33s167; operative IRPA110.","evidencePassage":"Canada Gazette – Regulations Amending the Regulations Amending the Immigration and Refugee Protection Regulations (Amendment Consequential to the Economic Action Plan 2013 Act, No. 1) Skip to main content Skip to \"About this site\" Language selection Français fr / Gouvernement du Canada Search Search Canada Gazette gazette.gc.ca canada.ca Search Menu Main Menu Jobs and the workplace Immigration and citizenship Travel and tourism Business and industry Benefits Health Taxes Environment and natural resources National security and defence Culture, history and sport Policing, justice and emergencies Transport and infrastructure Canada and the world Money and finances Science and innovation Topics menu Canada.ca Canada Gazette Publications Part II: Vol. 148 (2014) July 2, 2014 Vol. 148, No. 14 — July 2, 2014 Registration SOR/2014-166 June 19, 2014 IMMIGRATION AND REFUGEE PROTECTION ACT Regulations Amending the Regulations Amending the Immigration and Refugee Protection Regulations (Amendment Consequential to the Economic Action Plan 2013 Act, No. 1) P.C. 2014-818 June 18, 2014 Whereas, pursuant to subsection 5(2) (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), the Minister of Public Safety and Emergency Preparedness has caused a copy of the proposed Regulations Amending the Regulations Amending the Immigration and Refugee Protection Regulations (Amendment Consequential to the Economic Action Plan 2013 Act, No. 1) to be laid before each House of Parliament, substantially in the annexed form; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 5(1) and section 53 (see footnote c) of the Immigration and Refugee Protection Act (see footnote d), makes the annexed Regulations Amending the Regulations Amending the Immigration and Refugee Protection Regulations (Amendment Consequential to the Economic Action Plan 2013 Act, No. 1). REGULATIONS AMENDING THE REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS (AMENDMENT CONSEQUENTIAL TO THE ECONOMIC ACTION PLAN 2013 ACT, NO. 1) AMENDMENT 1. The Regulations Amending the Immigration and Refugee Protection Regulations (see footnote 1) are amended by adding the following after section 2: CONSEQUENTIAL AMENDMENT — SECTION 167 OF THE ECONOMIC ACTION PLAN 2013 ACT, NO. 1 2.1 Despite section 1, subsections 231(1) and (2) of the Immigration and Refugee Protection Regulations, as they read on December 14, 2012, apply in the case where an application for leave for judicial review in accordance with section 72 of the Immigration and Refugee Protection Act has been made before the day on which this section comes into force or is made on or after that day in respect of a decision of the Refugee Protection Division rejecting the applicant’s claim for protection if (a) the decision of the Refugee Protection Division is one that could have been or could be appealed to the Refugee Appeal Division but for section 167 of the Economic Action Plan 2013 Act, No. 1; and (b) in respect of an application for leave made before the day on which this section comes into force, none of the events described in paragraphs (a) to (e) of subsection 231(1) of the Immigration and Refugee Protection Regulations, as they read on December 14, 2012, has occurred before the day on which this section comes into force. COMING INTO FORCE 2. These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues A regulatory amendment is required to align the Immigration and Refugee Protection Regulations (IRPRs) with recent legislative amendments brought forward through the Economic Action Plan 2013 Act, No. 1 (EAPA). As a result of the EAPA, some failed refugee claimants inadvertently lost an automatic stay of removal. Consequently, these individuals are put into the position where they must apply for a judicial stay of the removal or be removed from Canada. This regulatory proposal seeks to reinstate an automatic stay of removal for those failed refugee claimants. Background Legislative and regulatory framework The Immigration and Refugee Protection Act (IRPA) governs Canada’s refugee system. The Immigration and Refugee Protection Regulations (IRPRs) are made under the IRPA. The IRPA provisions regarding refugee claims are administered and enforced through the IRPRs. Refugee Reform The Refugee Reform initiative introduced major reforms to Canada’s refugee status determination system that are intended to deliver faster decisions, deter abuse and quickly remove un successful refugee claimants. The foundation for this initiative was two pieces of legislation: the Balanced Refugee Reform Act (BRRA) and the Protecting Canada’s Immigration System Act (PCISA). On June 29, 2010, the BRRA received royal assent. The BRRA is intended to improve Canada’s refugee system, take on more refugees from abroad and make it easier for refugees to settle in Canada. Further amendments were made to the IRPA through the PCISA, which received royal assent on June 28, 2012. The PCISA strengthened and enhanced changes introduced through the BRRA. The changes to IRPA, made through the BRRA and PCISA, directly affected provisions in the IRPRs. Departmental responsibilities Three federal entities are the most directly responsible for immigration and refugee matters under the IRPA and the IRPRs: Citizenship and Immigration Canada (CIC); the Immigration and Refugee Board (IRB) and the Canada Border Services Agency (CBSA). Citizenship and Immigration Canada CIC has overall responsibility for immigration and refugee matters. It is responsible for selecting immigrants, issuing visitor visas and granting citizenship. CIC also selects refugees abroad for resettlement in Canada and determines the eligibility of refugee protection claims made in Canada before referring eligible","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-58cdc702046dbf9f5569","countryCode":"CA","country":"Canada","title":"Economic Action Plan 2014 Act, No. 1","policyEffect":"Terminated the federal Immigrant Investor and Entrepreneur programs by eliminating pending applications that had not been assessed before February 11, 2014, and provided for statutory refunds of fees and investments.","operativeDate":"2014-06-19","year":2014,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Terminated the federal Immigrant Investor and Entrepreneur programs by eliminating pending applications that had not been assessed before February 11, 2014, and provided for statutory refunds of fees and investments.","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"HTML Full Document: Economic Action Plan 2014 Act, No. 1","sourceUrl":"https://laws-lois.justice.gc.ca/eng/annualstatutes/2014_20/FullText.html","preciseCitation":"HTML Full Document: Economic Action Plan 2014 Act, No. 1. Economic Action Plan 2014 Act, No. 1.; Economic Action Plan 2014 Act, No. 1, S.C. 2014, c. 20 (Bill C-31).","evidencePassage":"87.5 (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of investors or of entrepreneurs is terminated if, before February 11, 2014, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to the class in question.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-ca-performing-artist-venue-exemption-20140620","countryCode":"CA","country":"Canada","title":"Performing-artist work-permit exemption extended to bars and restaurants","policyEffect":"Effective June 20, 2014, SOR/2014-170 removed the exclusion for performances in a bar, restaurant or similar establishment from the performing-artist exemption in IRPR186(g). Qualifying foreign performing artists, alone or in a group, and staff integral to their artistic performance could therefore work without a work permit at those venues. The retained conditions require them to be part of a foreign production or group, or a guest artist in a Canadian production or group, performing a time-limited engagement, and not in an employment relationship with the Canadian organization or business contracting for their services. Performances primarily for film production or television or radio broadcast remain outside this exemption. The amendment changes the venue restriction; the other conditions already applied under the predecessor rule.","operativeDate":"2014-06-20","year":2014,"affectedGroup":"Foreign performing artists and integral performance staff satisfying the retained time-limited production and non-employment conditions","materialConditionsAndExceptions":"Validated condition or limit: The retained conditions require them to be part of a foreign production or group, or a guest artist in a Canadian production or group, performing a time-limited engagement, and not in an employment relationship with the Canadian organization or business contracting for their services.; The amendment changes the venue restriction","policyCategory":"Work","policyTool":"Work permit exemption","sourceName":"Canada Gazette and Justice Laws","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2014/2014-07-02/html/sor-dors170-eng.html","preciseCitation":"SOR/2014-170, ss1–2; IRPR186(g), official June1–19,2014 predecessor version.","evidencePassage":"Canada Gazette – Regulations Amending the Immigration and Refugee Protection Regulations Skip to main content Skip to \"About this site\" Language selection Français fr / Gouvernement du Canada Search Search Canada Gazette gazette.gc.ca canada.ca Search Menu Main Menu Jobs and the workplace Immigration and citizenship Travel and tourism Business and industry Benefits Health Taxes Environment and natural resources National security and defence Culture, history and sport Policing, justice and emergencies Transport and infrastructure Canada and the world Money and finances Science and innovation Topics menu Canada.ca Canada Gazette Publications Part II: Vol. 148 (2014) July 2, 2014 Vol. 148, No. 14 — July 2, 2014 Registration SOR/2014-170 June 20, 2014 IMMIGRATION AND REFUGEE PROTECTION ACT Regulations Amending the Immigration and Refugee Protection Regulations P.C. 2014-840 June 20, 2014 Whereas, pursuant to subsection 5(2) (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), the Minister of Citizenship and Immigration has caused a copy of the proposed Regulations Amending the Immigration and Refugee Protection Regulations, substantially in the annexed form, to be laid before each House of Parliament; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 5(1) and section 32 (see footnote c) of the Immigration and Refugee Protection Act (see footnote d), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations. REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS AMENDMENT 1. Subparagraph 186(g)(ii) of the Immigration and Refugee Protection Regulations (see footnote 1) is replaced by the following: (ii) they are not in an employment relationship with the organization or business in Canada that is contracting for their services; COMING INTO FORCE 2. These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Background The Temporary Foreign Worker Program contributes to Canada’s economic development by allowing employers to hire foreign nationals to meet their short-term labour and skills needs when this will not negatively impact the Canadian labour market. The Program is jointly managed by Employment and Social Development Canada (ESDC) and Citizenship and Immigration Canada (CIC) under the authority of the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR). Under the Temporary Foreign Worker Program, foreign nationals may apply for a work permit to be authorized to work in Canada once their employer has obtained a Labour Market Opinion (LMO). ESDC assesses requests from employers seeking to hire temporary foreign workers and issues an LMO letter stating whether the foreign national is likely to have a positive, … negative impact on the Canadian labour market. CIC is responsible for the issuance of work permits. Section 186 of the IRPR sets out exemptions from the requirement to obtain a work permit (and therefore an associated LMO) for categories of work where employment of foreign nationals in Canada would not negatively impact the Canadian labour market. Among these exemptions, paragraph 186(g) provides that certain foreign performing artists may work in Canada without a work permit for a time-limited engagement. However, foreign artists destined to perform in bars, restaurants or similar establishments do not qualify for the exemption under subparagraph 186(g)(ii) of the IRPR. The original policy rationale for making this distinction was to support jobs for Canadian artists by protecting performances in Canadian venues in which entertainment was considered not to be the primary business focus. Issues and objectives Issues Two key issues have emerged with respect to foreign entertainers performing in bars, restaurants and similar establishments that suggest that the current differential treatment under subparagraph 186(g)(ii) is no longer warranted: The venue-based distinction is not achieving its intended policy purpose Foreign artists performing in Canada for time-limited engagements were provided a work permit exemption in recognition of the broader cultural value of allowing them to present their unique talents to Canadians in a manner that would not negatively impact the Canadian labour market. Foreign artists performing in bars, restaurants and similar establishments were not afforded this exemption, however, as it was considered that the purpose of such venues was not primarily to showcase unique talent but rather to sell food and alcohol, and bringing in performing artist was a means of boosting sales by enticing customers to stay longer — an objective that could be accomplished as easily by a Canadian performer as by a foreign national. However, many bars, restaurants and similar venues, have continued to rely on a mix of both Canadian and foreign performing artists to attract customers and boost revenues. The viability of this model may be less sustainable since the introduction of the LMO processing fee in 2013. The additional cost of engaging foreign performing artists arising from the LMO fee has proven to be challenging for many smaller bars, restaurants and similar establishments, making such venues less economically viable. As such venues are a starting point for the development of many Canadian performers, fewer venues could lead to fewer opportunities for Canadians to establish their own career in the music industry. The new LMO fee may also be dissuading some foreign acts from touring in Canada, reducing opportunities for Canadian artists to open for and tour with foreign acts, which can be an important means for introducing Canadian performers to a wider audience. In short, the venue-based distinction combined with the new LMO p","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-a7a3a1338297e009d222","countryCode":"CA","country":"Canada","title":"Order Fixing August 1, 2014 as the Day on which Certain Provisions of the Act Come into Force","policyEffect":"Brought into force provisions of the Strengthening Canadian Citizenship Act that streamline the decision-making model by transferring authority for citizenship grants to the Minister, provide authority to declare applications abandoned, and establish a uniform system for judicial review.","operativeDate":"2014-08-01","year":2014,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"Order bringing into force provisions of the Strengthening Canadian Citizenship Act","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2014/2014-08-13/html/si-tr71-eng.html","preciseCitation":"Order bringing into force provisions of the Strengthening Canadian Citizenship Act. Order Fixing August 1, 2014 as the Day on which Certain Provisions of the Act Come into Force.","evidencePassage":"The OIC brings into force amendments to the Citizenship Act that change the decision-making model and how applications are processed and that establishes a uniform system for judicial review of decisions made under the Act.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-83576d73cb144d25e7ba","countryCode":"CA","country":"Canada","title":"Reduction of Dependent Child Age Limit and Age Lock-In Framework","policyEffect":"Amended the Immigration and Refugee Protection Regulations to reduce the maximum age of a dependent child from under 22 to under 19 years old, removed the general full-time student exception for older dependents (limiting older dependent coverage strictly to individuals unable to be financially self-supporting due to physical or mental conditions), and instituted formal regulatory lock-in dates for age determination across multi-step immigration categories. Phase scope: Nationwide for new applications submitted on or after August 1, 2014","operativeDate":"2014-08-01","year":2014,"affectedGroup":"Dependent children and sponsoring principal applicants","materialConditionsAndExceptions":"Validated condition or limit: Amended the Immigration and Refugee Protection Regulations to reduce the maximum age of a dependent child from under 22 to under 19 years old, removed the general full-time student exception for older dependents (limiting older dependent coverage strictly to individuals unable to be financially self-supporting due to physical or mental conditions), and instituted formal regulatory lock-in dates for age determination across multi-step immigration categories.; Phase scope: Nationwide for new applications submitted on or after August 1, 2014","policyCategory":"Family reunification / selection criteria","policyTool":"Eligibility criteria amendment","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2014/2014-06-18/html/sor-dors133-eng.html","preciseCitation":"Canada Gazette Part II, Vol. 148, No. 13, SOR/2014-133","evidencePassage":"to be laid before each House of Parliament; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 14(2) (see footnote c), section 32 (see footnote d) and subsection 89(1) (see footnote e) of the Immigration and Refugee Protection Act (see footnote f), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations. REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS AMENDMENTS 1. Paragraph (b) of the definition “dependent child” in section 2 of the Immigration and Refugee Protection Regulations (see footnote 1) is replaced by the following: (b) is in one of the following situations of dependency, namely, (i) is less than 19 years of age and is not a spouse or common-law partner, or (ii) is 19 years of age or older and has depended substantially on the financial support of the parent since before the age of 19 and is unable to be financially self-supporting due to a physical or mental condition. 2. The Regulations are amended by adding the following after section 25: General rule — one-step process 25.1 (1) For the purposes of determining whether … on August 1, 2014. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Dependent children of selected immigrants are admitted on the basis of their relationship to the principal applicant in all immigration classes (economic, family, and refugee/humanitarian). As well, dependent children may be sponsored in the family class. Dependent children represent 30% of the overall immigrants admitted annually to Canada. Statistics demonstrate that older dependent children (those who arrive between the ages of 19 and 21) have lower economic outcomes over the long","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b98a20a223d1a484f87b","countryCode":"CA","country":"Canada","title":"Regulations Amending the Citizenship Regulations","policyEffect":"Amended the Citizenship Regulations to align them with the Strengthening Canadian Citizenship Act (Bill C-24), updating administrative procedures and decision-making processes for citizenship applications, and strengthening abandonment authorities.","operativeDate":"2014-08-01","year":2014,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2014/2014-08-13/html/sor-dors186-eng.html","preciseCitation":"gazette.gc.ca. Regulations Amending the Citizenship Regulations.; Canada Gazette, Part II, Vol. 148, No. 17, SOR/2014-186.","evidencePassage":"1. Sections 11 and 12 of the Citizenship Regulations (see footnote 1) are replaced by the following:","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-c181680a86b1de7a750c","countryCode":"CA","country":"Canada","title":"Streamlined Departure Orders for Cessation of Refugee Protection","policyEffect":"Amended section 228 of the Immigration and Refugee Protection Regulations to authorize the Minister of Public Safety and Emergency Preparedness (or delegates such as border services officers and inland enforcement officers) to issue a departure order against foreign nationals who are inadmissible to Canada upon a final determination that their refugee protection has ceased under section 40.1 of the IRPA. Phase scope: Full national operational implementation upon registration","operativeDate":"2014-10-24","year":2014,"affectedGroup":"Foreign nationals subject to cessation of refugee protection","materialConditionsAndExceptions":"","policyCategory":"Asylum and refugee protection / enforcement and removals","policyTool":"Administrative removal procedure","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2014/2014-11-05/html/sor-dors237-eng.html","preciseCitation":"Canada Gazette Part II, Vol. 148, No. 23, SOR/2014-237","evidencePassage":"Refugee Protection Regulations (see footnote 1) is amended by adding the following after paragraph (b): (b.1) if the foreign national is inadmissible under subsection 40.1(1) of the Act on grounds of the cessation of refugee protection, a departure order; COMING INTO FORCE 2. These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Under the existing Immigration and Refugee Protection Regulations (IRPR), there is no authority to issue a removal order against foreign nationals who are … then by operation of paragraph 46(1)(c.1) he or she would lose his or her permanent resident status (and become a foreign national) as long as the reason for such cessation is described in paragraphs 108(1)(a) to (d). 3. An inadmissibility report would be made and if well-founded, the Minister (or his delegate) could then issue a departure order against the foreign national. Objective This regulatory modification amends section 228 of the IRPR to provide the Minister of Public Safety and Emergency Preparedness (or a delegate of the Minister) with the authority to issue a departure order to a foreign … removal order against a foreign national who is inadmissible to Canada on a final determination that his or her refugee protection has ceased. More specifically, the removal order is a departure order. The following provision is added to subsection 228(1) of the IRPR after paragraph (b): (b.1) if the foreign national is inadmissible under subsection 40.1(1) of the Act on grounds of the cessation of refugee protection, a departure order; The wording is intended to mirror the wording under paragraph 228(1)(b) of the IRPR, which provides the authority for the Minister to issue a removal order where","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-ca-startup-education-removal-20141122","countryCode":"CA","country":"Canada","title":"Start-up Business Class education requirement removed","policyEffect":"Effective November 22, 2014, the replacement Start-up Business Class instructions removed the requirement to have completed at least one year of post-secondary education in good standing, whether or not an educational credential was obtained. The associated requirement to submit written evidence of that education was also removed. The designated-entity commitment, language and settlement-funds requirements continued to apply.","operativeDate":"2014-11-22","year":2014,"affectedGroup":"Applicants to the start-up business class","materialConditionsAndExceptions":"Validated condition or limit: Effective November 22, 2014, the replacement Start-up Business Class instructions removed the requirement to have completed at least one year of post-secondary education in good standing, whether or not an educational credential was obtained.; The associated requirement to submit written evidence of that education was also removed.","policyCategory":"Migration policy","policyTool":"","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2014/2014-11-22/html/notice-avis-eng.html","preciseCitation":"November 22, 2014 instructions, sections 2, 8, 15 and 16; October 26, 2013 predecessor, sections 2(2)(c) and 8(1)(d)","evidencePassage":"ng at least $75,000 in the applicant's qualifying business or two or more designated angel investor groups confirming that they are together investing a total of at least $75,000 in that business, or (iii) a designated venture capital fund confirming that it is investing at least $200,000 in the applicant's qualifying business or two or more designated venture capital funds confirming that they are together investing a total of at least $200,000 in that business; (b) have attained a level of proficiency of at least benchmark level 5 in either official language for all the four language skill a … reas, as set out in the Canadian Language Benchmarks and the Niveaux de compétence linguistique canadiens, as demonstrated by the results of an evaluation conducted by an organization or institution designated by the Minister for the purpose of evaluating language proficiency under subsection 74(3) of the Regulations; and (c) have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount that is equal to one half of the amount identified, in the most recent edition of the publication concerning low income cut-offs published annually by Statistics Ca … , other than qualified participants, hold 50% or more of the total amount of the voting rights attached to all shares of the corporation outstanding at that time. Conditional incorporation of business (2) A business that is not incorporated at the time the commitment is made is still considered to be a qualifying business if its incorporation is conditional on the issuance of a permanent resident visa to one or more of the applicants in respect of that business. Documentation 8. (1) An applicant must provide documentation to establish that they are a member of the start-up business class, incl … uding (a) evidence of payment of the applicable fees set out in these Instructions; (b) a signed copy of the commitment; (c) written evidence that they have attained the level of language proficiency required by paragraph 2(2)(b); and (d) written evidence that they have the funds required by paragraph 2(2)(c). Conclusive evidence (2) For the purposes of these Instructions, the results of an evaluation of an applicant's language proficiency by a designated organization or institution and the correlation of those results with the benchmarks in accordance with the Regulations are conclusive evide … nstructions. “Act” « Loi » “Act” means the Immigration and Refugee Protection Act. “applicant” « demandeur » “applicant” means a foreign national who makes an application for a permanent resident visa as a member of the start-up business class. “Canadian Language Benchmarks” « Canadian Language Benchmarks » “Canadian Language Benchmarks” has the same meaning as in section 2 of the Regulations. “commitment” « engagement » “commitment” means a commitment referred to in paragraph 2(2)(a) that meets the requirements of section 6. “designated” « désigné » “designated”, in respect of a business incu … lass 2. (1) The start-up business class is established as part of the economic class referred to in subsection 12(2) of the Act and consists of foreign nationals who have the ability to become economically established in Canada and meet the requirements of this section. Member of class (2) An applicant is a member of the start-up business class if they (a) have obtained a commitment from (i) a designated business incubator confirming that it is accepting the applicant's qualifying business into its business incubator program, (ii) a designated angel investor group confirming that it is investi … terial Instructions Respecting the Start-up Business Class, 2013-2, published in the Canada Gazette, Part I, on October 26, 2013 are repealed. Effective period 16. These Instructions have effect during the period beginning on November 22, 2014 and ending on March 31, 2018. SCHEDULE 1 (Paragraph 4(a)) DESIGNATED BUSINESS INCUBATORS Canada Accelerator Co (d/b/a Highline) Communitech Empowered Startups Ltd. Extreme Innovations INcubes Inc. Innovacorp Innovate Calgary Launchpad PEI Inc. Ryerson Futures Inc. Toronto Business Development Centre Waterloo Accelerator Centre SCHEDULE 2 (Paragraph 4(b))","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-8d10fa9902ced27c090b","countryCode":"CA","country":"Canada","title":"Caregiver Program Reform and Establishment of Caring for Children and Caring for People with High Medical Needs Classes","policyEffect":"Ministerial Instructions closed intake under the legacy Live-in Caregiver Class (requiring an LMIA requested on or before November 30, 2014 to apply) and established two new economic pathway classes: the Caring for Children Class and the Caring for People with High Medical Needs Class, eliminating the live-in requirement and setting specific educational and language requirements. Phase scope: Nationwide for all foreign caregiver workers and permanent residence applications submitted on or after November 30, 2014.","operativeDate":"2014-11-30","year":2014,"affectedGroup":"Foreign caregivers and in-home care workers","materialConditionsAndExceptions":"Validated condition or limit: Ministerial Instructions closed intake under the legacy Live-in Caregiver Class (requiring an LMIA requested on or before November 30, 2014 to apply) and established two new economic pathway classes: the Caring for Children Class and the Caring for People with High Medical Needs Class, eliminating the live-in requirement and setting specific educational and language requirements.; Phase scope: Nationwide for all foreign caregiver workers and permanent residence applications submitted on or after November 30, 2014.","policyCategory":"Economic migration / caregiver pathways","policyTool":"Ministerial instructions (irpa s. 87.3) / intake capping and program class establishment","sourceName":"Canada Gazette Part I","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2014/2014-11-29/html/notice-avis-eng.html","preciseCitation":"Canada Gazette Part I, Vol. 148, No. 48, November 29, 2014","evidencePassage":"No new permanent resident application under the Live-in Caregiver Class [section 113 of the Immigration and Refugee Protection Regulations (IRPR)] will be accepted for processing unless it is supported, at the time of application receipt by CIC, by evidence that the underlying work permit associated with the foreign national's initial entry as a live-in caregiver under the Live-in Caregiver Program (LCP) was based on a Labour Market Impact Assessment (LMIA) that was requested from Service Canada on or before November 30, 2014.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-6f72720ad62c62b6e7ee","countryCode":"CA","country":"Canada","title":"Ministerial Instructions Respecting the Express Entry System","policyEffect":"Established the operational rules, Comprehensive Ranking System parameters, and pool submission processes for managing economic permanent residence applications under the Express Entry system.","operativeDate":"2015-01-01","year":2015,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system.html","preciseCitation":"canada.ca. Ministerial Instructions Respecting the Express Entry System.","evidencePassage":"These Ministerial Instructions will come into force on January 1, 2015.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-c58975c78b1947fd6326","countryCode":"CA","country":"Canada","title":"Immigrant Investor Venture Capital economic immigration class established","policyEffect":"Effective January 28, 2015, Canada established the Immigrant Investor Venture Capital economic immigration class for qualifying investors intending to reside outside Quebec. Key conditions included at least C$10 million in net worth lawfully acquired through business or investment, a C$2 million payment whose repayment was not guaranteed, and benchmark level 5 in each of the four language skills in either official language. Applicants needed a qualifying post-secondary credential or at least C$50 million in qualifying net worth. Permanent residence remained subject to the other class requirements and admissibility.","operativeDate":"2015-01-28","year":2015,"affectedGroup":"Qualifying immigrant investors intending to reside in a province other than quebec","materialConditionsAndExceptions":"Validated condition or limit: Key conditions included at least C$10 million in net worth lawfully acquired through business or investment, a C$2 million payment whose repayment was not guaranteed, and benchmark level 5 in each of the four language skills in either official language.; Applicants needed a qualifying post-secondary credential or at least C$50 million in qualifying net worth.; Permanent residence remained subject to the other class requirements and admissibility.","policyCategory":"Migration policy","policyTool":"","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2015/2015-01-24/html/notice-avis-eng.html","preciseCitation":"Canada Gazette Part I, Vol. 149, No. 4, January 24, 2015; Ministerial Instructions Respecting the Immigrant Investor Venture Capital Class, sections 2, 5 and 10","evidencePassage":", 2015 Canada Gazette, Part I, Volume 149, Number 4: GOVERNMENT NOTICES January 24, 2015 DEPARTMENT OF CITIZENSHIP AND IMMIGRATION IMMIGRATION AND REFUGEE PROTECTION ACT Ministerial Instructions Respecting the Immigrant Investor Venture Capital Class The Minister of Citizenship and Immigration, pursuant to section 14.1 (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), gives the annexed Ministerial Instructions Respecting the Immigrant Investor Venture Capital Class. Ottawa, January 14, 2015 CHRIS ALEXANDER Minister of Citizenship and Immigration MINISTERIAL INSTR … Regulations” means the Immigration and Refugee Protection Regulations. Words and expressions (2) Unless a contrary intention appears, words and expressions used in these Instructions have the same meaning as in sections 1 and 2 and subsection 73(1) of the Regulations. Establishment of class 2. (1) The Immigrant Investor Venture Capital class is established as part of the economic class referred to in subsection 12(2) of the Act and consists of foreign nationals who have the ability to become economically established in Canada and who meet the requirements of this section. Member of class (2) A … otection Act, that the Minister of Citizenship and Immigration has established the following Ministerial Instructions that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada. Overview Authority for these Ministerial Instructions is derived from section 87.3 of the Immigration and Refugee Protection Act (IRPA). The Instructions are directed to officers and the Minister’s delegates who are charged with handling and/or reviewing applications for permanent residence under the Immigrant Investor Venture Capital Class. T … he Instructions come into force on January 28, 2015, and apply to applications received by designated Citizenship and Immigration Canada offices on or after January 28, 2015. Any categories for which Instructions are not specifically issued shall continue to be processed in the usual manner, as per processing priorities established by the Department. These Instructions are intended to support a broader strategy for business immigration reform by stimulating innovation and growth in the Canadian economy through the provision of at-risk capital from investors that can be actively invested in Can … n undertaking by the Minister (A) to transfer the sum to the Bank so that it may be invested as venture capital exclusively for the purposes of benefiting Canada, and (B) to pay to the foreign national a part of the remainder of the Fund, if any, the capital of which is derived in part from the payment made by the foreign national under paragraph (e); (e) have made the payment referred to in subparagraph (d)(i); and (f) intend to reside in a province other than Quebec. Supporting documentation 3. An applicant must provide the following documentation to establish that they are a member of the I … structions are compliant with the Canadian Charter of Rights and Freedoms. The Instructions respect all previously established accords and agreements, including the Canada-Quebec Accord, and all existing agreements with provinces and territories. Intake of permanent resident applications under the Immigrant Investor Venture Capital Class CIC will accept permanent resident applications received under the Immigrant Investor Venture Capital Class from January 28, 2015, to February 11, 2015, or until a maximum of 500 applications are received, whichever comes first. Applications received within th … spect of an application for a permanent resident visa as a member of that class. Effective period 10. These Instructions have effect during the period beginning on January 28, 2015 and ending on January 27, 2020. SCHEDULE (Section 3) SERVICE PROVIDERS DESIGNATED BY THE MINISTER Deloitte Forensic Inc. EY BDO USA, LLP Raymond Chabot Grant Thornton Consulting Inc. KPMG LLP PricewaterhouseCoopers LLP [4-1-o] DEPARTMENT OF CITIZENSHIP AND IMMIGRATION IMMIGRATION AND REFUGEE PROTECTION ACT New Ministerial Instructions Notice is hereby given, under subsection 87.3(6) of the Immigration and Refugee Pr","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"ca-imp-employer-compliance-fee-20150221","countryCode":"CA","country":"Canada","title":"Employer compliance fee and direct job-offer submission introduced for LMIA-exempt employer-specific work permits","policyEffect":"From February 21, 2015, employers making offers of employment for work described in IRPR sections 204 or 205, or to foreign nationals described in section 207, had to pay a $230 employer compliance fee before the foreign national applied for a work permit or renewal. Employers were exempt from the fee when the worker was exempt from the work-permit processing fee under subsection 299(2), except persons referred to in paragraph 299(2)(i). An employer making simultaneous offers to a group of three or more foreign nationals consisting of performing artists and their staff paid a maximum total fee of $690. The fee had to be repaid to its payer if the permit was refused, or the employer withdrew the offer and requested remission before the permit was issued. Before the work-permit application, employers also had to provide their name, address and telephone number, fax and email if any, business number if applicable, information demonstrating the applicable section 204, 205 or 207 category, and a copy of the job offer in the departmental form. Employers had to be able to demonstrate that the information supplied was accurate. Fee payment and information submission used the departmental electronic system, with payment and receipt deemed to occur at the recorded time. If physical or mental disability prevented electronic use, the Department could make alternative payment and submission means available, including a paper form for the information. Failure to pay the applicable fee or supply the required information before the application prevented issuance of the employer-specific work permit.","operativeDate":"2015-02-21","year":2015,"affectedGroup":"Employers offering employment under irpr sections 204 or 205 or to foreign nationals described in section 207, including renewals, subject to the specified fee exemption and group cap","materialConditionsAndExceptions":"Validated condition or limit: From February 21, 2015, employers making offers of employment for work described in IRPR sections 204 or 205, or to foreign nationals described in section 207, had to pay a $230 employer compliance fee before the foreign national applied for a work permit or renewal.; Employers were exempt from the fee when the worker was exempt from the work-permit processing fee under subsection 299(2), except persons referred to in paragraph 299(2)(i).; An employer making simultaneous offers to a group of three or more foreign nationals consisting of performing artists and their staff paid a maximum total fee of $690.; The fee had to be repaid to its payer if the permit was refused, or the employer withdrew the offer and requested remission before the permit was issued.; Before the work-permit application, employers also had to provide their name, address and telephone number, fax and email if…","policyCategory":"Admissions or entry conditions","policyTool":"Fees","sourceName":"Canada Gazette Part II","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2015/2015-02-11/html/sor-dors25-eng.html","preciseCitation":"SOR/2015-25, amendments to IRPR 200(3)(f.1), 209.11, 209.2(1)(b)(i), and 303.1, and section 7 commencement; registered January 30, 2015.","evidencePassage":"Canada Gazette – Regulations Amending the Immigration and Refugee Protection Regulations (International Mobility Program) Skip to main content Skip to \"About this site\" Language selection Français fr / Gouvernement du Canada Search Search Canada Gazette gazette.gc.ca canada.ca Search Menu Main Menu Jobs and the workplace Immigration and citizenship Travel and tourism Business and industry Benefits Health Taxes Environment and natural resources National security and defence Culture, history and sport Policing, justice and emergencies Transport and infrastructure Canada and the world Money and finances Science and innovation Topics menu Canada.ca Canada Gazette Publications Part II: Vol. 149 (2015) February 11, 2015 Vol. 149, No. 3 — February 11, 2015 Registration SOR/2015-25 January 30, 2015 IMMIGRATION AND REFUGEE PROTECTION ACT FINANCIAL ADMINISTRATION ACT Regulations Amending the Immigration and Refugee Protection Regulations (International Mobility Program) P.C. 2015-66 January 29, 2015 Whereas, pursuant to subsection 5(2) (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), the Minister of Citizenship and Immigration has caused a copy of the proposed Regulations Amending the Immigration and Refugee Protection Regulations (International Mobility Program), substantially in the annexed form, to be laid before each House of Parliament, Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration and the Treasury Board, pursuant to subsection 5(1) and sections 32 (see footnote c), 89.1 (see footnote d) and 89.2 (see footnote e) of the Immigration and Refugee Protection Act and, considering that it is in the public interest to do so, subsection 23(2.1) (see footnote f) of the Financial Administration Act (see footnote g), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations (International Mobility Program). REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS (INTERNATIONAL MOBILITY PROGRAM) AMENDMENTS 1. (1) Subparagraphs 200(1)(c)(i) and (ii) of the Immigration and Refugee Protection Regulations (see footnote 1) are replaced by the following: (i) is described in section 206 or 208, (ii) intends to perform work described in section 204 or 205 but does not have an offer of employment to perform that work or is described in section 207 but does not have an offer of employment, (2) The portion of subparagraph 200(1)(c)(ii.1) of the Regulations before clause (A) is replaced by the following: (ii.1) intends to perform work described in section 204 or 205 and has an offer of employment to perform that work or is described in section 207 and has an offer of employment, and an officer has determined, on the basis of any information provided on the officer’s request by the employer making the offer and any other relevant information, (3) Subsection 200(3) of the Regulations is amended by adding the … paragraph (f): (f.1) in the case of a foreign national referred to in subparagraph (1)(c)(ii.1), the fee referred to in section 303.1 has not been paid or the information referred to in section 209.11 has not been provided before the foreign national makes an application for a work permit; 2. The Regulations are amended by adding the following after section 209.1: Foreign national referred to in subparagraph 200(1)(c)(ii.1) 209.11 (1) An employer who has made an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(ii.1) must, before the foreign national makes an application for a work permit in respect of that employment, provide the following information to the Minister by means of the electronic system that is made available by the Department for that purpose: (a) their name, address and telephone number and their fax number and electronic mail address, if any; (b) the business number assigned to the employer by the Minister of National Revenue, if applicable; (c) information that demonstrates that the foreign national will be performing work described in section 204 or 205 or is a foreign national described in section 207; and (d) a copy of the offer of employment made in the form made available by the Department. Information provided — time (2) The information is deemed to be received on the date and at the time recorded in the electronic system. Other means of providing information (3) If an employer is unable to provide the information by means of the electronic system because of a physical or mental disability, the information may be provided by another means that is made available by the Department for that purpose and that would enable the employer to provide the information, including a paper form. 3. Subparagraph 209.2(1)(b)(i) of the Regulations is replaced by the following: (i) be able to demonstrate that any information they provided under subparagraph 200(1)(c)(ii.1) or section 209.11 was accurate, and 4. Paragraph 299(2)(k) of the English version of the Regulations is replaced by the following: (k) a United States Government official in possession of an official United States passport who is assigned to a temporary posting in Canada, and their family members. 5. Paragraph 300(2)(i) of the English version of the Regulations is replaced by the following: (i) a United States Government official in possession of an official United States passport who is assigned to a temporary posting in Canada, and their family members. 6. The Regulations are amended by adding the following after section 303: DIVISION 4.1 OTHER FEES IN RESPECT OF WORK PERMITS Compliance Regime — Employer Fee Fee — $230 303.1 (1) A fee of $230 is payable by an employer who has made an offer of employment to (a) a foreign national in respect of work described in section 204 or 205; (b) a foreign national described in section 207; or (c) a foreign national referred to in paragraph (a) or (b) who makes an application for renewal of a wor","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"ca-imp-open-work-permit-privilege-fee-20150221","countryCode":"CA","country":"Canada","title":"Separate open work permit privilege fee introduced","policyEffect":"From February 21, 2015, a $100 fee for open-work-permit rights and privileges was payable by covered foreign nationals without an offer of employment under IRPR 204 or 205, persons described in 207(b) without an offer, and family members of the latter. It applied to initial work-permit and renewal applications. Exceptions covered people exempt from the work-permit processing fee other than paragraph 299(2)(i) participants; those participants were exempt from the new fee if an international agreement in force prohibited fees other than a participation fee. Permanent-residence applicants in the live-in caregiver class and family members included in that application were also exempt. The fee was remitted if the permit was refused, or the applicant withdrew the application and requested remission before issuance.","operativeDate":"2015-02-21","year":2015,"affectedGroup":"Foreign nationals intending to perform work described in section 204 or 205 without an offer of employment, persons described in paragraph 207(b) without an offer, and family members of persons referred to in paragraph 207(b)","materialConditionsAndExceptions":"Validated condition or limit: From February 21, 2015, a $100 fee for open-work-permit rights and privileges was payable by covered foreign nationals without an offer of employment under IRPR 204 or 205, persons described in 207(b) without an offer, and family members of the latter.; Exceptions covered people exempt from the work-permit processing fee other than paragraph 299(2)(i) participants; those participants were exempt from the new fee if an international agreement in force prohibited fees other than a participation fee.; Permanent-residence applicants in the live-in caregiver class and family members included in that application were also exempt.; The fee was remitted if the permit was refused, or the applicant withdrew the application and requested remission before issuance.","policyCategory":"Admissions or entry conditions","policyTool":"Fees","sourceName":"Canada Gazette Part II","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2015/2015-02-11/html/sor-dors25-eng.html","preciseCitation":"SOR/2015-25, sections1–7 and accompanying regulatory impact analysis; registered January30,2015; commencement February21,2015.","evidencePassage":"303.2 (1) A fee of $100 is payable by a person for the rights and privileges conferred by means of a work permit if that person is (a) a foreign national who intends to perform work described in section 204 or 205 but does not have an offer of employment to perform that work; (b) a foreign national described in paragraph 207(b) who does not have an offer of employment; or (c) a family member of a foreign national referred to in paragraph (b). … 7. These Regulations come into force on February 21, 2015, but if they are registered after that day, they come into force on the day on which they are registered. … Exceptions (2) The following persons are not required to pay the fee referred to in subsection (1): (a) a person — other than a person referred to in paragraph 299(2)(i) — who under subsection 299(2) is not required to pay a fee for processing an application for a work permit; (b) a person referred to in paragraph 299(2)(i) who intends to perform work under an international agreement between Canada and one or more countries, if the agreement (i) prohibits the payment of a fee other than a participation fee, and (ii) is in force at the time that the person makes an application for a work permit or for renewal of the work permit; and (c) a foreign national who has made an application for permanent residence as a member of the live-in caregiver class and the family members included in that application. … Remission (3) The fee referred to in subsection (1) is remitted, and must be repaid by the Minister to the person who paid it, if (a) the work permit is refused; or (b) the foreign national withdraws their application and requests a remission before the work permit is issued.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-ca-iivc-first-complete-selection-20150525","countryCode":"CA","country":"Canada","title":"Investor-pilot intake switched from random selection to first complete applications","policyEffect":"From May 25, 2015, the Immigrant Investor Venture Capital intake put the first 60 complete applications into processing, including complete applications from earlier intake periods, and retained up to 60 additional initially complete applications on a waiting list. This replaced the preceding intake process of random selection from up to 500 submissions. Intake would close once 60 permanent-resident visas or approvals were issued, once 60 complete applications were in processing and 60 were on the waiting list, or on December 30, 2015. Class eligibility and admissibility requirements continued to apply.","operativeDate":"2015-05-25","year":2015,"affectedGroup":"Applicants to the immigrant investor venture capital class","materialConditionsAndExceptions":"Validated condition or limit: From May 25, 2015, the Immigrant Investor Venture Capital intake put the first 60 complete applications into processing, including complete applications from earlier intake periods, and retained up to 60 additional initially complete applications on a waiting list.; This replaced the preceding intake process of random selection from up to 500 submissions.; Class eligibility and admissibility requirements continued to apply.","policyCategory":"Migration policy","policyTool":"","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2015/2015-05-23/html/notice-avis-eng.html","preciseCitation":"Part I, May 23, 2015, New Ministerial Instructions; February 13, 2015 Extra No. 1","evidencePassage":"teness check will be required to submit additional supporting documentation, including a due diligence report from a designated service provider, within the deadline specified by the designated CIC office. Only applications that meet the second stage completeness check requirements will be considered complete applications and eligible for processing. CIC will accept permanent resident applications received under the Immigrant Investor Venture Capital Class starting on May 25, 2015. The first 60 complete applications received (including complete applications received in previous intake periods) … will be put into processing. In addition, CIC will retain a waiting list of up to 60 additional applications which meet the requirements of the initial completeness check. These applications may be put into processing if they are required to arrive at the target of up to 60 permanent resident visas/approvals issued under this class. Intake will remain open under the Immigrant Investor Venture Capital Class until one of the following: Sixty permanent resident visas/approvals are issued under this class; Sixty complete applications have been received and put into processing and 60 applications … that meet the initial completeness check requirements have been retained on the waiting list; or December 30, 2015. In all cases, applicants meeting the criteria set out in the Ministerial Instructions are still subject to the Immigrant Investor Venture Capital Class requirements and all other applicable requirements of the IRPA. The Instructions will remain in place unless otherwise indicated in future Ministerial Instructions. No humanitarian and compassionate requests to overcome requirements of Ministerial Instructions Requests made on the basis of humanitarian and compassionate grounds fr … are directed to officers and the Minister's delegates who are charged with handling and/or reviewing applications for permanent residence under the Immigrant Investor Venture Capital Class. The Instructions come into force on May 25, 2015, and apply to applications received by designated Citizenship and Immigration Canada (CIC) offices on or after May 25, 2015. Any categories for which Instructions are not specifically issued shall continue to be processed in the usual manner, as per processing priorities established by the Department. These Instructions are intended to support a broader stra … ric of Canadian society; to support the development of a strong and prosperous Canadian economy; and to protect public health and safety and to maintain the security of Canadian society. The Instructions are compliant with the Canadian Charter of Rights and Freedoms. The Instructions respect all previously established accords and agreements, including the Canada-Quebec Accord, and all existing agreements with provinces and territories. Intake of permanent resident applications under the Immigrant Investor Venture Capital Class In order to be considered a complete application under the Immigran","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-bd6d0a4dfa32f3489941","countryCode":"CA","country":"Canada","title":"Prohibition of Non-Physically Present (Proxy, Telephone, Internet) Marriages and Raising Minimum Spousal Age","policyEffect":"Raised the minimum age requirement for spousal sponsorship and temporary/permanent entry as a spouse or partner from 16 to 18 years. Ceased the legal recognition of marriages contracted abroad where one or both parties were not physically present (proxy, telephone, fax, Internet marriages) across all permanent and temporary immigration streams, with a narrow exception for Canadian Armed Forces members deployed abroad. Phase scope: All spousal and family reunification immigration streams, permanent and temporary resident applications received on or after June 10, 2015.","operativeDate":"2015-06-10","year":2015,"affectedGroup":"Family members","materialConditionsAndExceptions":"Validated condition or limit: Raised the minimum age requirement for spousal sponsorship and temporary/permanent entry as a spouse or partner from 16 to 18 years.; Ceased the legal recognition of marriages contracted abroad where one or both parties were not physically present (proxy, telephone, fax, Internet marriages) across all permanent and temporary immigration streams, with a narrow exception for Canadian Armed Forces members deployed abroad.; Phase scope: All spousal and family reunification immigration streams, permanent and temporary resident applications received on or after June 10, 2015.","policyCategory":"Family reunification","policyTool":"Eligibility","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2015/2015-07-01/html/sor-dors139-eng.html","preciseCitation":"Canada Gazette Part II, Vol. 149, No. 13 (SOR/2015-139)","evidencePassage":"These Regulations come into force on the day on which they are registered.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp4-7f9ddf6a6cecaeedef36","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2015-138)","policyEffect":"Amends the Immigration and Refugee Protection Regulations to authorize the Minister to collect Social Insurance Numbers (SINs) from permanent resident card applicants, travel document applicants, and sponsors of parents and grandparents, and disclose them to the Canada Revenue Agency to verify compliance with residency and minimum necessary income requirements.","operativeDate":"2015-06-10","year":2015,"affectedGroup":"Permanent residents and family sponsors","materialConditionsAndExceptions":"Validated condition or limit: Amends the Immigration and Refugee Protection Regulations to authorize the Minister to collect Social Insurance Numbers (SINs) from permanent resident card applicants, travel document applicants, and sponsors of parents and grandparents, and disclose them to the Canada Revenue Agency to verify compliance with residency and minimum necessary income requirements.","policyCategory":"Enforcement / verification","policyTool":"Data sharing and verification","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2015/2015-07-01/html/sor-dors138-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 149, No. 13, SOR/2015-138","evidencePassage":"section 60: DIVISION 1.1 COLLECTION AND DISCLOSURE OF INFORMATION Collection of social insurance number 60.1 (1) The Minister may collect the social insurance number of a permanent resident card applicant or a travel document applicant to verify that the applicant has complied with the obligation set out in section 28 of the Act. Disclosure of social insurance number (2) The Minister may disclose the social insurance number of the applicant to the Canada Revenue Agency for the purpose set out in subsection (1) if the Minister has entered into an arrangement with the Agency for the disclosure of that information. 2. The Regulations are amended by adding the following after section 137: DIVISION 3.1 COLLECTION AND DISCLOSURE OF INFORMATION Collection of social insurance number 137.1 (1) The Minister may collect the social insurance numbers of a sponsor and a co-signer who have submitted an application to sponsor a person set out in clause 133(1)(j)(i)(B), in order to verify that they meet the requirements set out in clause 133(1)(j)(i)(B) and in paragraph 133(1)(k). Disclosure of social insurance number (2) The Minister may disclose the social insurance numbers of the sponsor and the co-signer to the Canada Revenue Agency for the purposes set out in subsection (1) if the Minister has entered into an arrangement with the Agency for the disclosure of that information. COMING INTO FORCE 3. These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Under the Permanent Resident program and Parent and Grandparent program, applicants for permanent resident cards and travel documents, as well as sponsors of parents and grandparents, are required to submit certain information to","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-013b32bdf566f2f6c1f6","countryCode":"CA","country":"Canada","title":"Order Fixing June 11, 2015 as the Day on which Certain Provisions of the Act Come into Force","policyEffect":"Brought into force provisions of the Strengthening Canadian Citizenship Act requiring applicants to physically reside in Canada for four out of the previous six years, modifying language/knowledge testing age limits, and setting out new tax filing requirements.","operativeDate":"2015-06-11","year":2015,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Citizenship or nationality status","policyTool":"Eligibility","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2015/2015-06-17/html/si-tr46-eng.html","preciseCitation":"gazette.gc.ca. Order Fixing June 11, 2015 as the Day on which Certain Provisions of the Act Come into Force.","evidencePassage":"It also brings into force provisions giving the Minister of Citizenship and Immigration the authority to make regulations relating to application procedures, including the manner in which applications are to be made and specifying the information and evidence that applicants must provide in support of them. With respect to enhancing the requirements for citizenship, this Order brings into force a number of provisions which strengthen the requirements for citizenship eligibility, including a requirement to physically reside in Canada for four out of the previous six years, as well as an “intent to reside” provision; expansion of the age group that must meet language and knowledge requirements to ages 14 to 64; a requirement for knowledge of Canada to be demonstrated in an official language; and a requirement to file income tax returns, when obligated to do so under the Income Tax Act. This Order also brings into force provisions to extend citizenship to more “Lost Canadians” born before January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador), and to their children born in the first generation outside Canada. It also extends access to a grant of Canadian citizenship","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-af706f4ecf5861d84ab4","countryCode":"CA","country":"Canada","title":"Social insurance number collection and sharing authorised for citizenship eligibility verification","policyEffect":"From June 11, 2015, the Minister could require applicants under Citizenship Act subsections 5(1) or 11(1) to provide their social insurance number, if they had one. Under an information-sharing arrangement with the Canada Revenue Agency, the Minister could disclose that number to verify compliance with the applicable residence and income-tax-filing requirements. This introduced authority to collect the number for that verification process; the underlying citizenship eligibility requirements are represented separately.","operativeDate":"2015-06-11","year":2015,"affectedGroup":"Citizenship applicants under citizenship act subsections 5(1) or 11(1)","materialConditionsAndExceptions":"Validated condition or limit: the underlying citizenship eligibility requirements are represented separately.","policyCategory":"Migration policy","policyTool":"","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2015/2015-06-17/html/sor-dors129-eng.html","preciseCitation":"SOR/2015-129 section 8 (Citizenship Regulations subsection 26.6(1) and paragraph 26.6(2)(a)) and section 11; SI/2015-46","evidencePassage":"passports and other travel documents if the Minister has entered into an arrangement with that Department or Agency for the disclosure of the information. 26.6 (1) The Minister may require an applicant to provide their social insurance number, if any, in any application made under subsection 5(1) or 11(1) of the Act. (2) The Minister may disclose the following information to the Canada Revenue Agency if the Minister has entered into an arrangement with the Agency for the disclosure of the information: (a) the social insurance number of an applicant for the purposes of verifying whether the ap … plicant has complied with the requirements set out in paragraphs 5(1)(c) and (1.2)(b) and 11(1)(d) and (1.1)(b) of the Act; and (b) any relevant information related to any discrepancies between the information obtained from the applicant and that provided by the Agency if there are reasonable grounds to believe that the discrepancy is a result of false representation, fraud or concealment of material circumstances made in the course of an application, as well as any personal information, including the social insurance number, of an applicant that the Agency is authorized to collect for the pur … y a person who is 18 years of age or older under section 12 of the Regulations 6. Application for certificate of citizenship under section 14 of the Regulations 7. Application for search of records under section 18 of the Regulations COMING INTO FORCE 11. These Regulations come into force on the day on which subsection 4(3) of the Strengthening Canadian Citizenship Act, chapter 22 of the Statutes of Canada, 2014, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp4-b93c7fbe1bf3d3c52fd4","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2015-77)","policyEffect":"Enacts the regulatory framework establishing the Electronic Travel Authorization (eTA) for visa-exempt foreign nationals traveling to or transiting Canada by air, introducing the online application portal, $7 fee, and 5-year maximum validity period under a voluntary enrolment scheme starting August 1, 2015.","operativeDate":"2015-08-01","year":2015,"affectedGroup":"Visa-exempt foreign travelers","materialConditionsAndExceptions":"Validated condition or limit: Enacts the regulatory framework establishing the Electronic Travel Authorization (eTA) for visa-exempt foreign nationals traveling to or transiting Canada by air, introducing the online application portal, $7 fee, and 5-year maximum validity period under a voluntary enrolment scheme starting August 1, 2015.","policyCategory":"Border control","policyTool":"Authorization / pre-screening requirement","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2015/2015-04-22/html/sor-dors77-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 149, No. 8, SOR/2015-77","evidencePassage":"Regulations are amended by adding the following after section 7: Electronic travel authorization 7.1 (1) A foreign national referred to in paragraph 7(2)(a) who is exempt from the requirement to obtain a temporary resident visa and who, on or after March 15, 2016, is seeking to enter Canada by air to remain on a temporary basis is, nevertheless, required to obtain an electronic travel authorization before entering Canada, unless they are exempted by subsection (3) from the requirement to obtain one. Holder of temporary resident visa (2) Subsection (1) does not apply to a foreign national who holds … outside Canada for a visa, an authorization to return to Canada or an electronic travel authorization, an officer shall enforce the order if, following an examination, the foreign national establishes that 8. The heading of Division 2 of Part 19 of the Regulations is replaced by the following: FEES FOR APPLICATIONS FOR AUTHORIZATIONS, VISAS AND PERMITS Electronic Travel Authorizations Fee — $7 294.1 (1) A fee of $7 is payable for processing an application for an electronic travel authorization. Exception (2) A person whose application for a work permit or a study permit is considered under subsection … Description The amendments require foreign nationals who are currently exempt from a visa requirement to hold an eTA when seeking to enter Canada by air. The amendments to the Regulations add greater specificity to the general legislative framework by establishing the coming-into-force date of the Regulations as August 1, 2015, and the date by which specified foreign nationals will be required to obtain an eTA in order to enter Canada by air as March 15, 2016; creating the regulatory requirement to compel a visa-exempt foreign national to apply for an eTA before seeking to enter Canada by air … unless they are exempt from doing so; establishing the application procedures to be followed; specifying when an eTA expires, as well as when and by whom it can be cancelled; setting the fee that is payable for the processing of an eTA application; and setting out the exemptions from the requirement to obtain an eTA. eTA requirement, process, fee and validity period The amendments require foreign nationals from visa-exempt countries, unless exempted from doing so, to apply for an eTA online, through the CIC Web site, by entering biographic, passport and background information similar to the personal … Required information for an eTA application For clarity, the Regulations have been amended to include the applicant’s email address in the list of required information that must be contained in an eTA application. Coming into force and the enrolment period The eTA Regulations will come into force at 12:00 p.m., Eastern time, on August 1, 2015. At that time, the online application will be available and eTA processing will begin. However, in order to minimize impacts on the travelling public and Canadian travel and tourism industries, eTA-required travellers will be exempted from this new entry requirement … other visa-exempt countries, and may allow the Government of Canada to further liberalize visa requirements in the future. Implementation, enforcement and service standards Implementation Coming into force and enrolment period The eTA program will have a “soft launch” with the coming into force of these regulatory amendments at 12 p.m. Eastern time, on August 1, 2015. The online application will be available for eTA-required foreign nationals to complete in advance, should they wish, and eTA processing activities will commence. However, in order to minimize impacts on the travelling public as well","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-ab264020595d4ede659a","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (Administrative Monetary Penalties and Ineligibility System for Employers)","policyEffect":"Establishes administrative monetary penalties and periods of hiring ineligibility for employers who violate temporary foreign worker compliance conditions. Phase scope: National / all employers of temporary foreign workers and non-compliant sponsor employers under IRPR","operativeDate":"2015-12-01","year":2015,"affectedGroup":"Employers","materialConditionsAndExceptions":"","policyCategory":"Enforcement","policyTool":"Sanctions","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2015/2015-07-01/html/sor-dors144-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 149, No. 13 (SOR/2015-144, June 12, 2015)","evidencePassage":"the employer of that determination and that the information referred to in subsection 209.997(2) will be added to the list referred to in that subsection. Publication of employer’s information (6) If an officer makes a determination under subsection (5), the Department must add the information referred to in subsection 209.997(2) to the list referred to in that subsection. 7. Section 209.91 of the Regulations is repealed. 8. The Regulations are amended by adding the following after section 209.92: DIVISION 6 ADMINISTRATIVE MONETARY PENALTIES AND OTHER CONSEQUENCES FOR FAILURE TO COMPLY WITH CONDITIONS … to the Minister under paragraph 209.11(1)(d). Purpose Purpose of Division 209.94 The purpose of this Division is to encourage compliance with the provisions of the Act and these Regulations and not to punish. Violations Violations 209.95 (1) An employer referred to in subsection 209.2(1) or 209.3(1) who fails to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 — if the failure to do so is not justified under subsection 209.2(3) or (4), 209.3(3) or (4) or 209.4(2) — commits a violation and (a) is liable to an administrative monetary penalty … of an amount that is determined in accordance with section 209.98 or if it is determined under that section that there is no penalty, is issued a warning informing the employer that there is no administrative monetary penalty for the violation but that the violation will be considered in the calculation of the total number of points under subparagraph 209.991(1)(a)(i) for any subsequent violation; and (b) if applicable, is ineligible to employ a foreign national for whom a work permit is required for the period determined in accordance with section 209.99. Discrepancy (2) In the event of a discrepancy … where employers have benefitted financially from non-compliance. Description: To enhance the existing compliance framework and to be able to respond proportionately to non-compliance with TFWP/IMP conditions, Employment and Social Development Canada (ESDC) and Citizenship and Immigration Canada (CIC) developed regulatory amendments to implement a system of administrative monetary penalties (AMPs). In addition, these amendments add warning statements as a possible consequence for violations and replace the existing mandatory two-year ban with periods of ineligibility to employ foreign nationals for whom a work permit is required (“bans”) of 1, 2, 5, and 10 years, as well as a permanent ban for the most serious violations. The amendments also encourage employers to voluntarily disclose non-compliance and receive reduced consequences if the voluntary disclosure is acceptable. In accordance with the principles of natural justice, under the amendments, employers will be provided the opportunity to make written submissions regarding preliminary findings of non-compliance, as well as the potential consequences, before a final determination is made. Cost-benefit statement: The total costs of","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-ca-ebola-processing-instructions-repeal-20151219","countryCode":"CA","country":"Canada","title":"Ebola-related visa-processing ministerial instructions repealed","policyEffect":"On December 19, 2015, Canada repealed the October 31, 2014 ministerial instructions governing visa applications from people who had been in an Ebola-affected country. The repeal took effect on publication in the Canada Gazette. It applied to applications received on or before December 10, 2015 that had no final decision on that date, and to all applications received thereafter.","operativeDate":"2015-12-19","year":2015,"affectedGroup":"Visa applicants covered by the october 31, 2014 ebola-related processing instructions","materialConditionsAndExceptions":"Validated condition or limit: It applied to applications received on or before December 10, 2015 that had no final decision on that date, and to all applications received thereafter.","policyCategory":"Migration policy","policyTool":"","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2015/2015-12-19/html/notice-avis-eng.html","preciseCitation":"Canada Gazette Part I, Vol. 149, No. 51, December 19, 2015, Department of Citizenship and Immigration, New Ministerial Instructions","evidencePassage":"9, 2015 Canada Gazette, Part I, Volume 149, Number 51: GOVERNMENT NOTICES December 19, 2015 DEPARTMENT OF CITIZENSHIP AND IMMIGRATION IMMIGRATION AND REFUGEE PROTECTION ACT Ministerial Instructions to repeal the Ministerial Instructions established pursuant to section 87.3 of the Immigration and Refugee Protection Act for the management of applications for visas made by individuals who have been in an Ebola affected country Notice is hereby given, under subsection 87.3(6) of the Immigration and Refugee Protection Act (IRPA), that the Minister of Citizenship and Immigration has made the followi … he Ministerial Instructions established pursuant to section 87.3 of the IRPA published in the Canada Gazette on October 31, 2014, for the management of applications for visas made by individuals who have been in an Ebola affected country are repealed. These new Ministerial Instructions come into force on their date of publication in the Canada Gazette. These new Ministerial Instructions apply to applications received by Citizenship and Immigration Canada on or before December 10, 2015, in respect of which a final decision has not been made on December 10, 2015, and, for greater clarity, to all","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-b0142803aaa75756a3a1","countryCode":"CA","country":"Canada","title":"Parents and grandparents sponsorship cap doubled for the 2016 intake year","policyEffect":"Effective February 27, 2016, Canada increased the maximum number of new complete parents and grandparents sponsorship applications accepted for processing from 5,000 to 10,000 for the cap year that began on January 2, 2016. The same amendment changed that cap year’s end date from January 1, 2017 to December 31, 2016. Other provisions of the earlier processing instructions remained in effect.","operativeDate":"2016-02-27","year":2016,"affectedGroup":"Sponsors of parents and grandparents under the family class","materialConditionsAndExceptions":"Validated condition or limit: Effective February 27, 2016, Canada increased the maximum number of new complete parents and grandparents sponsorship applications accepted for processing from 5,000 to 10,000 for the cap year that began on January 2, 2016.","policyCategory":"Migration policy","policyTool":"","sourceName":"Canada Gazette and Immigration, Refugees and Citizenship Canada","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2016/2016-02-27/html/notice-avis-eng.html","preciseCitation":"Canada Gazette February 27, 2016, first PGP amendment; IRCC official ministerial instruction history","evidencePassage":"given to best support the attainment of the immigration goals established by the Government of Canada. These Instructions contribute to a strategy to facilitate family reunification and fulfill the Government of Canada's commitment to double new application intake to a maximum of 10 000 applications annually. By these Instructions, the Ministerial Instructions regarding the processing of applications to sponsor parents and grandparents as members of the family class, published in Part I of the Canada Gazette on June 15, 2013, are amended in the following manner: (a) the cap year that began on January 2, 2016, will end on December 31, 2016, instead of ending on January 1, 2017; and (b) for the cap year beginning January 2, 2016, and ending on December 31, 2016, a maximum of 10 000 new complete applications for sponsorship of parents and grandparents as members of the family class will be accepted for processing instead of a maximum of 5 000 new complete applications. For greater certainty, all other provisions of the Ministerial Instructions regarding the processing of applications to sponsor parents and grandparents as members of the family class, published in Part I of the Canada Gazette on June 15, 2013, remain in effect. These Instructions come into force on the day they are signed by the Minister of Citizenship and Immigration. JOHN McCALLUM, P.C., M.P. Minister of Citizenship and Immigration [9-1-o]","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-296cc4389de7d1b3f163","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2016-37)","policyEffect":"Expanded transporter liability definitions and prescribed classes of inadmissible persons under IRPA s. 148, mandating that commercial carriers do not transport foreign nationals subject to a declaration under s. 22.1 or who lack an Authorization to Return to Canada under s. 52(1), and established mandatory administration fee assessments against carriers for non-compliant passengers. Phase scope: Part 1 came into force on registration on March 11, 2016; Part 2 eTA transporter compliance effective September 30, 2016.","operativeDate":"2016-03-11","year":2016,"affectedGroup":"Commercial transporters, foreign nationals requiring arc","materialConditionsAndExceptions":"Validated condition or limit: 148, mandating that commercial carriers do not transport foreign nationals subject to a declaration under s.; 52(1), and established mandatory administration fee assessments against carriers for non-compliant passengers.","policyCategory":"Border control","policyTool":"Carrier liability and administrative penalty assessments","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2016/2016-03-23/html/sor-dors37-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 150, No. 6 (SOR/2016-37)","evidencePassage":"Protection Regulations (see footnote 1) are amended by adding the following after section 1: Definition of agent — section 148 of the Act 1.1 (1) For the purposes of section 148 of the Act, agent includes any person — whether or not an independent contractor — who provides services as a representative of a vehicle owner, operator or charterer. Definition of agent — paragraph 148(1)(d) of the Act (2) For the purposes of paragraph 148(1)(d) of the Act, agent includes, in addition to a person referred to in subsection (1), a charterer and an owner or operator of a reservation system. 2 (1) The definition agent in section 2 of the Regulations is repealed. (2) The definitions commercial vehicle and transporter in section 2 of the Regulations are replaced by the following: commercial vehicle means a vehicle that is used for commercial purposes. (véhicule commercial) transporter means (a) a person who owns, operates, charters or manages a vehicle or fleet of vehicles; (b) a person who owns or operates an international tunnel or bridge; (c) a designated airport authority as defined in subsection 2(1) of the Airport Transfer (Miscellaneous Matters) Act; or (d) an agent for a person or authority … air, the time of take-off from the last point of embarkation of persons before the vehicle arrives in Canada; and (b) in the case of a commercial vehicle that carries persons or goods by water or land, the time of departure from the last point of embarkation of persons before the vehicle arrives in Canada. (moment du départ) 3 Section 258.1 of the Regulations is replaced by the following: Prescribed persons 258.1 For the purposes of paragraph 148(1)(a) of the Act, the following persons are prescribed: (a) any foreign national who is the subject of a declaration made under subsection 22.1(1) of … the Act, unless they hold a temporary resident permit issued under section 24 of the Act; and (b) any foreign national who is not authorized under subsection 52(1) of the Act to return to Canada. 4 Paragraph 259(a) of the French version of the Regulations is replaced by the following: a) le titre de voyage visé au paragraphe 31(3) de la Loi; 5 Section 260 of the Regulations is replaced by the following: Holding prescribed documentation 260 (1) If a commercial transporter has reasonable grounds to believe that the prescribed documents of a person whom it carries to Canada may not be available for … transporter is relieved of its obligation to carry a foreign national from Canada, except for a member of its crew or a foreign national who entered Canada to become a member of its crew, if the foreign national at the time of their examination (a) was authorized to enter and remain in Canada on a temporary basis; or (b) held a temporary or permanent resident visa. 11 (1) The portion of subsection 279(1) of the Regulations before paragraph (c) is replaced by the following: Assessment of administration fee 279 (1) Subject to subsection (2), an administration fee must be assessed against a commercial transporter in respect of any of the following foreign nationals it carried or caused to be carried to Canada: (a) a foreign national who is inadmissible under section 41 of the Act for failing to meet the requirements of section 6 or subsection 7(1), 50(1) or 52(1); (b) a foreign national who is prescribed under section 258.1 or whom the commercial transporter has been directed under paragraph 148(1)(a) of the Act not to carry to Canada; (2) Subsection 279(1) of the Regulations is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and … administration fee assessments; 13 Subsection 282(2) of the Regulations is replaced by the following: Final decision and notice (2) If submissions are made, the Minister must consider the submissions, confirm, vary or cancel the assessment and give written notice of the final decision to the commercial transporter. PART 2 Amendments Coming into Force on September 30, 2016 14 Section 259 of the Regulations is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f): (g) an electronic travel authorization referred","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"ca-pnr-privacy-regime-20160311","countryCode":"CA","country":"Canada","title":"Revised passenger reservation information privacy regime","policyEffect":"Effective March 11, 2016, SOR/2016-38 replaced the linked retention, access and disclosure regime for passenger name record (PNR) information supplied to CBSA under the immigration regulations, including information about persons expected to travel. It removed advance passenger information (API) from this PNR regulation; companion SOR/2016-37 placed API retention in IRPR269, permitting retention for three years and six months from departure and, if required in an investigation, for as long as required but at most six years from departure. API reporting and carrier liability are separate measures. For PNR, the replacement permits use only for Immigration and Refugee Protection Act purposes, retention for that Act or CBSA program legislation, and disclosure for that Act, national security, defence of Canada or international affairs, always subject to the following limits. Ordinary retention runs until three years and six months after departure rather than receipt; longer retention is allowed only while needed to identify persons reasonably suspected of defined terrorism offences or serious transnational crimes, and at most six years after departure. The former mandatory PAXIS storage/separation and enforcement-copy structure is removed. Access requires the official’s functions to require it and is limited to identifying persons who have or may have committed the defined offences, or related trend analysis/risk indicators. From 72 hours after departure through two years, access to a person’s name requires confirmation that it is necessary for the identification purpose; after two years through three-and-a-half years, access to identifying information requires CBSA President authorization to identify a person reasonably suspected of those offences. During extended retention after three-and-a-half years, access is only for the identification purpose. President-authorized access must be logged with the requesting official, reasons, subject, and request, authorization and access dates; logs are retained at least two years. If the Access to Information Act or Privacy Act requires longer retention, access during that extension is only for the purpose requiring retention. Domestic disclosure to a federal or provincial department or authority must be necessary and case by case, with reasonable grounds of relevance to preventing, investigating or prosecuting the defined offences, directly related recipient functions, equivalent protection, an undertaking not to redisclose without CBSA permission unless legally required, and only necessary information disclosed. Foreign disclosure is separately permitted case by case under an international agreement or arrangement, when necessary for the listed statutory/security/defence/international-affairs purposes, with reasonable grounds of relevance to preventing, investigating or prosecuting the defined offences, directly related recipient functions, an undertaking of equivalent regulatory or EU-negotiated PNR protection, and only necessary information disclosed. It replaces the prior separate EU/adequacy-covered PAXIS route and direct-evidence, on-request enforcement-database route. Compliance with a Canadian subpoena, warrant or compulsory disclosure order is expressly preserved. Disclosures under these domestic, foreign and compulsory routes must be logged with recipient/authority, reasons, subject and date for at least two years. The predecessor already had staged name/identifier access controls, President approval, a three-and-a-half-year normal limit and a six-year enforcement-copy limit; this measure changes their scope, triggers, clocks and structure rather than introducing all safeguards for the first time. All amendments in SOR/2016-38 commenced on registration; the deferred PNR collection amendments in SOR/2016-35 and37 are not part of this measure.","operativeDate":"2016-03-11","year":2016,"affectedGroup":"Persons whose passenger reservation information is supplied to cbsa under immigration regulations, including persons expected to be carried to canada","materialConditionsAndExceptions":"Validated condition or limit: companion SOR/2016-37 placed API retention in IRPR269, permitting retention for three years and six months from departure and, if required in an investigation, for as long as required but at most six years from departure.; For PNR, the replacement permits use only for Immigration and Refugee Protection Act purposes, retention for that Act or CBSA program legislation, and disclosure for that Act, national security, defence of Canada or international affairs, always subject to the following limits.; Ordinary retention runs until three years and six months after departure rather than receipt; longer retention is allowed only while needed to identify persons reasonably suspected of defined terrorism offences or serious transnational crimes, and at most six years after departure.; Access requires the official’s functions to require it and is limited to identifying persons who have or may…","policyCategory":"Border control","policyTool":"Passenger information privacy and disclosure","sourceName":"Canada Gazette and Justice Laws","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2016/2016-03-23/html/sor-dors38-eng.html","preciseCitation":"SOR/2016-38 ss1–3; complete predecessor SOR/2005-346 ss1–12; SOR/2016-37 amendment8/newIRPR269; predecessorIRPR269; CBSA Act s2.","evidencePassage":"Canada Gazette – Regulations Amending the Protection of Passenger Information Regulations Skip to main content Skip to \"About this site\" Language selection Français fr / Gouvernement du Canada Search Search Canada Gazette gazette.gc.ca canada.ca Search Menu Main Menu Jobs and the workplace Immigration and citizenship Travel and tourism Business and industry Benefits Health Taxes Environment and natural resources National security and defence Culture, history and sport Policing, justice and emergencies Transport and infrastructure Canada and the world Money and finances Science and innovation Topics menu Canada.ca Canada Gazette Publications Part II: Vol. 150 (2016) March 23, 2016 Vol. 150, No. 6 — March 23, 2016 Registration SOR/2016-38 March 11, 2016 IMMIGRATION AND REFUGEE PROTECTION ACT Regulations Amending the Protection of Passenger Information Regulations P.C. 2016-121 March 11, 2016 Whereas, pursuant to subsection 5(2) (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), the Minister of Public Safety and Emergency Preparedness has caused a copy of the proposed Regulations Amending the Protection of Passenger Information Regulations to be laid before each House of Parliament, substantially in the annexed form; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 5(1) and section 150.1 (see footnote c) of the Immigration and Refugee Protection Act (see footnote d), makes the annexed Regulations Amending the Protection of Passenger Information Regulations. Regulations Amending the Protection of Passenger Information Regulations Amendments 1 (1) The definitions advance passenger information, enforcement database, intelligence official and PAXIS system in section 1 of the Protection of Passenger Information Regulations (see footnote 1) are repealed. (2) The definition passenger name record information in section 1 of the Regulations is replaced by the following: passenger name record information means the information that is referred to in paragraph 269(1)(e) of the Immigration and Refugee Protection Regulations and is provided to the Agency. (renseignements sur le dossier passager) (3) Section 1 of the Regulations is amended by adding the following in alphabetical order: commercial vehicle has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (véhicule commercial) day of departure means (a) in the case of a commercial vehicle that carries persons or goods by air, the day of take-off from the last point of embarkation of persons before the vehicle arrives in Canada; and (b) in the case of a commercial vehicle that carries persons or goods by water or land, the day of departure from the last point of embarkation of persons before the vehicle arrives in Canada. (jour du départ) serious transnational crime means an act or omission that constitutes an offence punishable … by a maximum term of imprisonment of at least four years and that is committed (a) in more than one country; (b) in only one country but a substantial part of its preparation, planning, direction or control takes place in another country; (c) in only one country but an organized criminal group that engages in criminal activities in more than one country is implicated in the act or omission; (d) in only one country but has substantial effects in another country; or (e) in a country other than Canada but the offender intends to travel to or transit through Canada. (crime transnational grave) terrorism offence means (a) an act or omission that is committed for a political, religious or ideological purpose, objective or cause with the intention of intimidating the public with regard to its security, including its economic security, or with the intention of compelling a person, government or domestic or international organization to do or refrain from doing any act, and that is committed with the intention to (i) cause death or serious bodily harm, (ii) endanger a person’s life, (iii) cause a serious risk to the health or safety of the public, (iv) cause substantial property damage that is likely to result in the harm referred to in any of subparagraphs (i) to (iii), or (v) cause serious interference with or serious disruption of an essential service, facility or system other than as a result of lawful or unlawful advocacy, protest, dissent or stoppage of work, such as a strike, that is not intended to result in the harm referred to in any of subparagraphs (i) to (iii); (b) an act or omission referred to in paragraph (a) of the definition terrorist activity in subsection 83.01(1) of the Criminal Code; (c) knowingly participating in or contributing to an activity for the purpose of enhancing a terrorist group’s ability to facilitate or commit an act or omission referred to in paragraph (a) or (b) or instructing a person, group or organization to carry out an activity for that purpose; (d) an indictable offence if the act or omission that constitutes the offence is committed for the benefit of, at the direction of or in association with a terrorist group; (e) any of the following, if they are carried out for the purpose of committing an act or omission referred to in paragraph (a) or (b): (i) collecting, using or possessing property, (ii) providing or making available property or a financial or related service, or (iii) inviting a person, group or organization to provide property or a financial or related service; (f) attempting or threatening to commit an act or omission referred to in paragraph (a) or (b); (g) conspiring to commit, or facilitating, instructing or counselling the commission of, an act or omission referred to in paragraph (a) or (b); (h) being an accessory after the fact to an act or omission referred to in paragraph (a) or (b); or (i) harbouring or concealing for the purpose of enabling a terrorist group to facilitate or commit","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d05cb412dc341bfc4957","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations","policyEffect":"Visa-exempt foreign nationals seeking to enter Canada by air on a temporary basis are required to obtain an electronic travel authorization (eTA) prior to entry, effective March 15, 2016.","operativeDate":"2016-03-15","year":2016,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Visa-exempt foreign nationals seeking to enter Canada by air on a temporary basis are required to obtain an electronic travel authorization (eTA) prior to entry, effective March 15, 2016.","policyCategory":"Admission","policyTool":"Documentation","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2015/2015-04-22/html/sor-dors77-eng.html","preciseCitation":"gazette.gc.ca. Regulations Amending the Immigration and Refugee Protection Regulations.; Canada Gazette Part II, Vol. 150, No. 24. Regulations Amending the Immigration and Refugee Protection Regulations (Skilled Worker).; Canada Gazette Part II, Vol. 150, No. 24, SOR/2016-298.","evidencePassage":"Regulations are amended by adding the following after section 7: Electronic travel authorization 7.1 (1) A foreign national referred to in paragraph 7(2)(a) who is exempt from the requirement to obtain a temporary resident visa and who, on or after March 15, 2016, is seeking to enter Canada by air to remain on a temporary basis is, nevertheless, required to obtain an electronic travel authorization before entering Canada, unless they are exempted by subsection (3) from the requirement to obtain one. Holder of temporary resident visa (2) Subsection (1) does not apply to a foreign national who holds … Description The amendments require foreign nationals who are currently exempt from a visa requirement to hold an eTA when seeking to enter Canada by air. The amendments to the Regulations add greater specificity to the general legislative framework by establishing the coming-into-force date of the Regulations as August 1, 2015, and the date by which specified foreign nationals will be required to obtain an eTA in order to enter Canada by air as March 15, 2016; creating the regulatory requirement to compel a visa-exempt foreign national to apply for an eTA before seeking to enter Canada by air … implementation of the ESTA program, these amendments achieve this outcome by providing an exemption from the eTA requirement for all travellers seeking to fly to Canada between August 1, 2015, and March 15, 2016. During the enrolment period, travellers may choose to apply for an eTA; however, possession of an eTA will not be mandatory to travel to or enter Canada. Once the enrolment period ends and the IAPI initiative is implemented on March 15, 2016, eTA-required foreign nationals who receive a “no board” message will not be able to board an aircraft destined to Canada if they are not in possession","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-f729669cfdc1a0979741","countryCode":"CA","country":"Canada","title":"Canada restores equal basic, supplemental and prescription coverage under the Interim Federal Health Program","policyEffect":"On April 1, 2016, Canada restored pre-2012 Interim Federal Health Program coverage for all eligible beneficiaries, replacing the six coverage types in place since November 2014 with basic physician and hospital services, supplemental services including limited vision and urgent dental care, and prescription drugs. Eligible groups included resettled refugees, other protected persons, asylum and rejected claimants, immigration detainees, trafficking victims and other ministerially identified groups. Existing coverage was updated automatically; the change was not retroactive, and previously delivered services remained subject to the earlier coverage level. Coverage remained temporary: most recipients ceased to qualify when covered provincially or territorially or when leaving Canada; resettled refugees retained supplemental and prescription coverage during government or private support, usually one year. Those whose coverage had expired before April 1 still needed renewal if otherwise eligible. This record covers the April 1 restoration; separate April 10 certificate/expiry changes and April 2017 pre-departure expansion are not included.","operativeDate":"2016-04-01","year":2016,"affectedGroup":"Individuals eligible for interim federal health program coverage","materialConditionsAndExceptions":"Validated condition or limit: On April 1, 2016, Canada restored pre-2012 Interim Federal Health Program coverage for all eligible beneficiaries, replacing the six coverage types in place since November 2014 with basic physician and hospital services, supplemental services including limited vision and urgent dental care, and prescription drugs.; Eligible groups included resettled refugees, other protected persons, asylum and rejected claimants, immigration detainees, trafficking victims and other ministerially identified groups.; the change was not retroactive, and previously delivered services remained subject to the earlier coverage level.; Those whose coverage had expired before April 1 still needed renewal if otherwise eligible.","policyCategory":"Asylum and refugee protection","policyTool":"Temporary health-care coverage","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2016/02/restoring-fairness-to-the-interim-federal-health-program.html","preciseCitation":"IRCC, Restoring Fairness to the Interim Federal Health Program (February 18, 2016); Notice–Changes to the Interim Federal Health Program (dated April 11,2016; page details updated October 16, 2017).","evidencePassage":"Notice – Changes to the Interim Federal Health Program - Canada.ca Skip to main content Skip to \"About government\" Language selection Français fr / Gouvernement du Canada Search Search IRCC Search Menu Main Menu Jobs and the workplace Immigration and citizenship Travel and tourism Business and industry Benefits Health Taxes Environment and natural resources National security and defence Culture, history and sport Policing, justice and emergencies Transport and infrastructure Canada and the world Money and finances Science and innovation Manage life events You are here: Canada.ca Immigration, Refugees and Citizenship Canada Newsroom Notices Notice – Changes to the Interim Federal Health Program Important Information for Eligible Beneficiaries Ottawa, April 11, 2016— On April 1, the Interim Federal Health Program was restored to pre-2012 levels of coverage for all beneficiaries. Here is some important information about this change and what it means for you. Health-Care Coverage Changed Automatically As of April 1, 2016, all individuals eligible for coverage under the IFHP will now receive full health-care coverage, which includes: basic health-care services (i.e. standard physician and hospital care), supplemental services, including limited vision and urgent dental care, and prescription drug coverage. The change in coverage is not retroactive. Services or products provided to you by health-care providers prior to April 1 will be paid based on the level of coverage you had at the time. If you had coverage on April 1, your coverage has been updated automatically in the Immigration, Refugees and Citizenship Canada (IRCC) and Medavie Blue Cross systems. Health-care providers have been advised of the change in coverage and will be able to provide services to you. You do not need to apply for a new certificate. You will still be able to present your current IFHP eligibility document to health-care providers when you are seeking their services. Starting April 10, when new IFHP certificates are issued, they will not have a coverage type listed on them. If you are a resettled refugee, you will continue to receive coverage for supplemental services and prescription drug coverage for the time you are receiving government assistance or private support. In most cases, this assistance ends one year after arrival. There is no change to your basic coverage under the IFHP. It ends as soon as you are covered under the health plan of your province or territory where you live. Expiration Dates Eliminated for Refugee Claimants As of April 10, 2016, the 12-month expiry date on coverage for refugee claimants will be eliminated. This means that if you have been found eligible to be referred to the Immigration and Refugee Board (IRB) as a refugee claimant and or if your claim has been found ineligible to be referred to the IRB but you are eligible to apply for a pre-removal risk assessment, you will no longer need to apply to extend your coverage every 12 months. If … IFHP coverage on April 1, it will be extended automatically in the IRCC and Medavie Blue Cross systems. You do not need to apply for a new certificate – You will still be able to present your IFHP eligibility document to health-care professionals when you are seeking services, even after the expiry date shown on the document has passed. IFHP coverage for refugee claimants will continue until you become eligible for provincial/territorial health insurance or you leave Canada. Your coverage will also be cancelled immediately: if you withdraw your refugee claim, or if the IRB has determined that you have abandoned your refugee claim, or your refugee claim has been re-determined as ineligible to be referred to the IRB and you are not eligible to apply for a PRRA. Registered IFHP providers have been advised to use the information box at the bottom of your eligibility document when they validate your eligibility with Medavie Blue Cross. If your coverage expired before April 1 but you are still eligible for coverage, you must submit a renewal application to your local IRCC office and a new IFHP certificate will be sent to you. Starting April 10, when new IFHP certificates are issued, they will not have an expiration date listed on them. Please visit Health care – Refugees for more information on the program. Page details 2017-10-16 About this site Immigration and citizenship Help Centre Contact us Check your application status Government of Canada All contacts Departments and agencies About government Themes and topics Jobs Immigration and citizenship Travel and tourism Business Benefits Health Taxes Environment and natural resources National security and defence Culture, history and sport Policing, justice and emergencies Transport and infrastructure Canada and the world Money and finances Science and innovation Indigenous Peoples Veterans and military Youth Manage life events Government of Canada Corporate Social media Mobile applications About Canada.ca Terms and conditions Privacy Restoring Fairness to the Interim Federal Health Program - Canada.ca Skip to main content Skip to \"About government\" Language selection Français fr / Gouvernement du Canada Search Search IRCC Search Menu Main Menu Jobs and the workplace Immigration and citizenship Travel and tourism Business and industry Benefits Health Taxes Environment and natural resources National security and defence Culture, history and sport Policing, justice and emergencies Transport and infrastructure Canada and the world Money and finances Science and innovation Manage life events You are here: Canada.ca Immigration, Refugees and Citizenship Canada Newsroom Restoring Fairness to the Interim Federal Health Program News Release February 18, 2016—Ottawa, ON – All refugees and asylum claimants will soon benefit from full health-care coverage through a restored Interim Federal Health Program, the Minister of Immigration, Refugees and Citizenship, John McCallum, announced today. Starting April 1, 2","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-bf29e577752ad05d33e3","countryCode":"CA","country":"Canada","title":"Employer-sanction grounds for work permit revocation updated","policyEffect":"From May 7, 2016, replacement work permit revocation instructions included grounds where an employer was subject to a determination under subsection 203(5) of the Immigration and Refugee Protection Regulations within the preceding two years, was ineligible to employ foreign nationals under paragraph 209.95(1)(b), or was in default of an administrative monetary penalty, including a payment agreement. A transition preserved the former listed-employer ground for underlying facts occurring before December 1, 2015.","operativeDate":"2016-05-07","year":2016,"affectedGroup":"Foreign nationals holding work permits covered by the revocation instructions","materialConditionsAndExceptions":"Validated condition or limit: From May 7, 2016, replacement work permit revocation instructions included grounds where an employer was subject to a determination under subsection 203(5) of the Immigration and Refugee Protection Regulations within the preceding two years, was ineligible to employ foreign nationals under paragraph 209.95(1)(b), or was in default of an administrative monetary penalty, including a payment agreement.; A transition preserved the former listed-employer ground for underlying facts occurring before December 1, 2015.","policyCategory":"Migration policy","policyTool":"","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2016/2016-05-07/html/notice-avis-eng.html","preciseCitation":"Work permit revocation instructions, sections 2–3 (2013), and sections 2–5 (2016).","evidencePassage":"inaccurate information in the context of the application for the work permit; (d) the work permit was issued to a foreign national on the basis of their relationship to another foreign national and the work permit of that other foreign national has since been or is currently being revoked; (e) the employer is subject to a determination made under subsection 203(5) of the Regulations, if two years have not elapsed since the day on which that determination was made; (f) the employer is ineligible under paragraph 209.95(1)(b) of the Regulations to employ a foreign national for whom a work permit is required; or (g) the employer is in default of any amount payable in respect of an administrative monetary penalty, including if the employer fails to comply with a payment agreement for the payment of that amount. Transitional Provision 3 Paragraph 2(d) of the Ministerial Instructions Respecting the Revocation of Work Permits, published in the Canada Gazette, Part I, on December 28, 2013, continues to apply after section 4 takes effect with respect to the revocation of any foreign national's work permit if the facts which formed the basis for adding the employer's name to the list referred to in subsection 209.91(3) of the Immigration and Refugee Protection Regulations, as they read immediately prior to December 1, 2015, occurred before that date. Repeal 4 The Ministerial Instructions Respecting the Revocation of Work Permits, published in the Canada Gazette, Part I, on December 28, 2013, are repealed. Taking Effect 5 These Instructions take effect on the day on which they are published in the Canada Gazette, Part I. [19-1-o]","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-a1723fdbf82da4cda688","countryCode":"CA","country":"Canada","title":"Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1","policyEffect":"Amends the Express Entry Comprehensive Ranking System (CRS) point allocations by awarding points for Canadian educational credentials and revising points awarded for qualifying offers of arranged employment.","operativeDate":"2016-11-19","year":2016,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/amending-express-entry-system-2016.html","preciseCitation":"canada.ca. Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1.","evidencePassage":"These Instructions come into force on November 19, 2016.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp5-616184d1ee3bb10f27a8","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (Skilled Worker) (SOR/2016-298)","policyEffect":"Amended the Immigration and Refugee Protection Regulations to refine qualifying job offer definitions, language proficiency designations, and selection points across the Federal Skilled Worker Class, Federal Skilled Trades Class, and Canadian Experience Class, including awarding 5 points for accompanying spouse/partner language proficiency at benchmark level 4. Phase scope: Full national implementation","operativeDate":"2016-11-19","year":2016,"affectedGroup":"Federal skilled worker class, federal skilled trades class, and accompanying spouses/partners","materialConditionsAndExceptions":"","policyCategory":"Economic migration / federal skilled worker & skilled trades selection","policyTool":"Regulatory point-grid alignment and language credential recognition rules","sourceName":"Canada Gazette, Part II","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2016/2016-11-30/html/sor-dors298-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 150, No. 24, November 30, 2016, SOR/2016-298","evidencePassage":"support of the application for a permanent resident visa, the results of a language test that is approved under subsection 74(3), which results must be provided by an organization or institution that is designated under that subsection and must be less than two years old on the date on which their application is made. 6 Section 82 of the Regulations is replaced by the following: Definition of arranged employment 82 (1) In this section, arranged employment means an offer of employment that is made by a single employer other than an embassy, high commission or consulate in Canada or an employer … who is referred to in any of subparagraphs 200(3)(h)(i) to (iii), that is for continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued, and that is in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix. Arranged employment (10 points) (2) Ten points shall be awarded to a skilled worker for arranged employment if they are able to perform and are likely to accept and carry out the employment and (a) the skilled worker is in Canada … a valid work permit or is authorized to work in Canada under section 186 and (i) the circumstances referred to in subparagraph (a)(ii) or (iii) do not apply, (ii) the circumstances referred to in paragraph (b) do not apply, and (iii) the circumstances referred to in subparagraphs (c)(i) and (ii) apply. 7 Paragraph 83(1)(a) of the Regulations is replaced by the following: (a) for the language proficiency of the skilled worker’s accompanying spouse or common-law partner, other than a permanent resident residing in Canada or a Canadian citizen, in either official language, evaluated at at least … benchmark level 4 for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, and demonstrated by the results of a language test that is approved under subsection 74(3) from an organization or institution designated under that subsection, which results must be less than two years old on the date on which the application for a permanent resident visa is made, 5 points; 8 (1) Paragraph 87.1(2)(d) of the Regulations is replaced by the following: (d) they have had their proficiency in the English or French language … SIS STATEMENT (This statement is not part of the Regulations.) Issues The Immigration and Refugee Protection Regulations (the Regulations) have been amended to make changes to the requirements for offers of employment in the Federal Skilled Worker Class (FSWC) and Federal Skilled Trades Class (FSTC), as well as to improve clarity and consistency of regulations for these classes and the Canadian Experience Class (CEC). Background Express Entry (Federal Skilled Worker Class, Federal Skilled Trades Class, Canadian Experience Class) The Federal Skilled Worker Class is open to foreign nationals wit … in many industries and occupations. Objectives The objectives of these changes are (1) to better align program requirements with program intent by ensuring job offer points are accessible to candidates who can demonstrate that they have an acceptable job offer, which contributes to the assessment of their likelihood of economic establishment; and (2) to make other regulatory amendments to clarify policy intent or make the Regulations more consistent. Description The definition of arranged employment in subsection 82(1) of the Regulations has been amended to require job offers to be for a mini … mum of one year rather than indeterminate. Amendments to paragraph 82(2)(b) and subparagraph 87.2(3)(d)(iii) of the Regulations allow temporary foreign workers who are working in Canada under a work permit issued under paragraphs 204(a) or (c) or section 205 of the Regulations (which are exempt from the requirement to obtain a supporting LMIA) to qualify for arranged employment in the Federal Skilled Worker Class, and to meet the requirement outlined in paragraph 87.2(3)(d) for the Federal Skilled Trades Class, provided that they have accumulated one year of work experience with the employer i … demonstrating language proficiency is the same across all of the economic immigration programs, whether they are used by principal applicants or, for the purpose of adaptability points for spouses, for the Federal Skilled Worker Class. For example, it is clarified that results must be less than two years old for spouses as well as principal applicants. The Regulations are amended to allow the Minister to designate both language evaluating organizations and the particular tests offered by these organizations for which results are considered conclusive evidence of the language proficiency of th … ncial law or regulation that is relevant to the service provided by the organization or institution; or (c) either the Government of Canada or the organization or institution has terminated the service agreement. Conclusive evidence (7) The results of an evaluation of language proficiency by a designated organization or institution using an approved language test are conclusive evidence of an applicant’s language proficiency in respect of the federal skilled worker class, the Canadian experience class or the federal skilled trades class, as the case may be. 4 Paragraph 75(2)(d) of the Regulati","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b86aeb83b5b13f09b8ea","countryCode":"CA","country":"Canada","title":"Temporary Resident Visa Exemption for Citizens of Mexico (SOR/2016-293)","policyEffect":"Repealed the Temporary Resident Visa (TRV) requirement for citizens of Mexico travelling to Canada by adding Mexico to the list of countries and territories whose citizens are exempt from the TRV requirement under the Immigration and Refugee Protection Regulations. Comes into force at 00:00:01 a.m. Eastern standard time on December 1, 2016.","operativeDate":"2016-12-01","year":2016,"affectedGroup":"Citizens of mexico","materialConditionsAndExceptions":"Validated condition or limit: Repealed the Temporary Resident Visa (TRV) requirement for citizens of Mexico travelling to Canada by adding Mexico to the list of countries and territories whose citizens are exempt from the TRV requirement under the Immigration and Refugee Protection Regulations.","policyCategory":"Entry clearance / visa regime","policyTool":"Visa exemption list addition","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2016/2016-11-30/html/sor-dors293-eng.html","preciseCitation":"","evidencePassage":"This regulatory amendment will add Mexico to the list of countries and territories whose citizens are exempt from the TRV requirement for travel to Canada under the Immigration and Refugee Protection Regulations (the Regulations). … 1 Paragraph 190(1)(a) of the Immigration and Refugee Protection Regulations (see footnote 1) is replaced by the following: (a) are a citizen of Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Brunei Darussalam, Chile, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Federal Republic of Germany, Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Monaco, Netherlands, New Zealand, Norway, Papua New Guinea, Poland, Portugal, Republic of Korea, Samoa, San Marino, Singapore, Slovakia, Slovenia, Solomon Islands, Spain, Sweden or Switzerland; … 2 These Regulations come into force at 00:00:01 a.m. Eastern standard time on December 1, 2016, but if they are registered after that time, they come into force at 00:00:01 a.m. Eastern standard time on the day after the day on which they are registered. … are a citizen of Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Brunei Darussalam, Chile, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Federal Republic of Germany, Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Monaco, Netherlands, New Zealand, Norway, Papua New Guinea, Poland, Portugal, Republic of Korea, Samoa, San Marino, Singapore, Slovakia, Slovenia, Solomon Islands, Spain, Sweden or Switzerland; … These Regulations come into force at 00:00:01 a.m. Eastern standard time on December 1, 2016, but if they are registered after that time, they come into force at 00:00:01 a.m. Eastern standard time on the day after the day on which they are registered.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-52b5064676ca3ad602fc","countryCode":"CA","country":"Canada","title":"Ministerial Instructions on Spousal and Dependent Child Sponsorship Application Intake Simplification","policyEffect":"Introduced modernized intake completeness conditions and standardized document checklists under IRPA subsection 87.3 for Family Class spousal, common-law, conjugal partner, and dependent child permanent residence and sponsorship applications, returning non-conforming applications. Phase scope: Full national implementation for applications received on or after December 15, 2016","operativeDate":"2016-12-15","year":2016,"affectedGroup":"Sponsored spouses, common-law partners, conjugal partners, and dependent children","materialConditionsAndExceptions":"Validated condition or limit: Phase scope: Full national implementation for applications received on or after December 15, 2016","policyCategory":"Family reunification / sponsorship adjudication","policyTool":"Intake & procedural completeness conditions under ministerial instructions","sourceName":"Canada Gazette, Part I","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2016/2016-12-24/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Vol. 150, No. 52, December 24, 2016, Government Notices","evidencePassage":"Department of Citizenship and Immigration (the Department) as of December 15, 2016. Condition In order to be processed, any application referred to in these Instructions that has not been returned under section 12 of the IRPR for not meeting the requirements of sections 10 and 11 of the IRPR — for example by not using all the applicable forms provided by the Department in the application package published on the website of the Department at the time the application is received by the Department or by not including all information, documents and evidence referred to in paragraph 10(1)(c) of the … IRPR — must meet the condition of being accompanied by the following documents: (a) as amended from time to time, as the case may be, (i) the document entitled “Document Checklist — Spouse” [IMM 5533], (ii) the document entitled “Document Checklist — Common-Law Partner” [IMM 5589], (iii) the document entitled “Document Checklist — Conjugal Partner” [IMM 5629], or (iv) the document entitled “Document Checklist — Dependent Child” [IMM 5534]; and (b) the documents required in Part B of the applicable Document Checklist referred to in paragraph (a). Disposition of applications Any application referred to in these Instructions that does not meet the condition established in these Instructions will be returned, except the application made in accordance with the previous application package published on the website of the Department that is received by the Department during the period commencing on the day on which these Instructions take effect and ending on January 31, 2017. Coming into effect These Instructions take effect on December 15, 2016. Ottawa, December 12, 2016 John McCallum Minister of Citizenship and Immigration [52-1-o] DEPARTMENT OF THE ENVIRONMENT CANADIAN ENVIRONMENTAL PROTECTION","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-dc743c7c3e96be6f623f","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2016-316)","policyEffect":"Formally repealed the outdated federal Investor and Entrepreneur class regulatory provisions from the IRPR following their legislative termination, while establishing specific transitional rules to process applications with selection decisions before February 11, 2014, and preserving regulatory frameworks and age-lock-in rules for Quebec economic candidates. Phase scope: Full national implementation upon registration on December 16, 2016.","operativeDate":"2016-12-16","year":2016,"affectedGroup":"Federal and quebec business/investor immigrants and economic dependants","materialConditionsAndExceptions":"Validated condition or limit: Formally repealed the outdated federal Investor and Entrepreneur class regulatory provisions from the IRPR following their legislative termination, while establishing specific transitional rules to process applications with selection decisions before February 11, 2014, and preserving regulatory frameworks and age-lock-in rules for Quebec economic candidates.","policyCategory":"Economic migration","policyTool":"Repeal of immigration classes and transitional intake / adjudication provisions","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2016/2016-12-28/html/sor-dors316-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 150, No. 26 (SOR/2016-316)","evidencePassage":"law partner is entitled. (pourcentage des capitaux propres) 4 (1) The definitions agent, allocation period, approved fund, business experience, debt obligation, entrepreneur, entrepreneur selected by a province, full-time job equivalent, fund, investment, investor, investor selected by a province, minimum net worth, net assets, net income, net worth, percentage of equity, provincial allocation, qualifying business, qualifying Canadian business and self-employed person selected by a province in subsection 88(1) of the Regulations are repealed. (2) Subsections 88(2) and (3) of the Regulations are repealed. 5 Sections 89 to 96 of the Regulations are replaced by the following: Artificial transactions 89 For the purposes of this Division, a self-employed person is not considered to have met the applicable requirements of this Division if the fulfillment of those requirements is based on one or more transactions whose purpose is to circumvent, directly or indirectly, the requirements of this Division. Quebec Investor Class Class 90 (1) For the purposes of subsection 12(2) of the Act, the Quebec investor class is prescribed as a class of persons who may become permanent residents on the basis … application is made by a person as a member of the Quebec investor class, the Quebec entrepreneur class, the self-employed persons class or the Quebec self-employed persons class (2) Subsection 295(2.2) of the Regulations is repealed. Transitional Provisions 15 In sections 16 to 18, preceding Regulations means the Immigration and Refugee Protection Regulations as they read immediately before the day on which these Regulations come into force. 16 (1) Subject to subsections (2) and (3), paragraph 70(2)(b), subsection 88(1), sections 89 and 90, subsections 102(1) and 103(1), sections 104 and 107, subsections 108(1) and (2) and paragraph 295(1)(b) of the preceding Regulations continue to apply in respect of an application for a permanent resident visa that was made before the day on which these Regulations come into force by a foreign national as a member of the investor class, as prescribed by subsection 90(1) of the preceding Regulations, until the day on which a determination is made in respect of the application. (2) Subject to subsections (3) and (4), sections 88 and 91 to 95 of the preceding Regulations continue to apply in respect of a provincial allocation, within the meaning of that … its own investor and entrepreneur programs for immigrants destined to that province. While Quebec’s programs have historically been linked to the federal programs in the Regulations, changes to the federal programs will not affect Quebec’s programs. Objectives The objective of these amendments to the Regulations is to eliminate regulatory redundancy by repealing the existing provisions in the Regulations that govern the federal investor and entrepreneur programs, to provide for a transitional period as those programs wind down and to leave a regulatory framework in place for the continued operation of Quebec’s programs. Description The Regulations repeal the provisions governing the federal investor and entrepreneur programs in the Regulations; provide for transitional provisions to continue processing federal Investor and Entrepreneur class applications that are not affected by the legislative termination of existing inventories of applications (i.e. those applications that received a selection decision before February 11, 2014, as outlined in section 87.5 of the Immigration and Refugee Protection Act); provide for transitional provisions for the Investor class so that funds continue to flow to and from approved funds until all investors have been repaid and provide for administrative flexibility for approved funds as their activities under the investor program wind down; provide for transitional provisions that formally conclude the application of post-landing conditions and associated government monitoring activities for the entrepreneur program; and delineate distinct classes for Quebec Investors, Quebec Entrepreneurs and Quebec Self-Employed persons in order to provide a regulatory framework for those classes to continue operating in the absence of their federal counterpart","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-7af9673a0ba74a4e7bd3","countryCode":"CA","country":"Canada","title":"Randomized Intake and Selection System for the Parents and Grandparents Program (PGP)","policyEffect":"Establishes a new randomized selection and intake process under Ministerial Instructions pursuant to section 87.3 of the IRPA for parent and grandparent sponsorship applications under the Family Class, replacing the first-come, first-served paper submission model with an online interest-to-sponsor lottery mechanism within an annual 10,000 application cap. Phase scope: Applies to the 2017 calendar year application intake cycle.","operativeDate":"2017-01-01","year":2017,"affectedGroup":"Parents and grandparents and their sponsors","materialConditionsAndExceptions":"Validated condition or limit: Establishes a new randomized selection and intake process under Ministerial Instructions pursuant to section 87.3 of the IRPA for parent and grandparent sponsorship applications under the Family Class, replacing the first-come, first-served paper submission model with an online interest-to-sponsor lottery mechanism within an annual 10,000 application cap.","policyCategory":"Family reunification","policyTool":"Intake quota / selection mechanism","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2017/2017-01-07/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Vol. 151, No. 1, January 7, 2017, pp. 8-10","evidencePassage":"GOVERNMENT NOTICES January 7, 2017 DEPARTMENT OF CITIZENSHIP AND IMMIGRATION IMMIGRATION AND REFUGEE PROTECTION ACT Ministerial Instructions with respect to the processing of applications for a permanent resident visa made by parents or grandparents of a sponsor as members of the family class and the processing of sponsorship applications made in relation to those applications These Instructions are published in the Canada Gazette in accordance with subsection 87.3(6) of the Immigration and Refugee Protection Act (Act). These Instructions are given, pursuant to section 87.3 and subsections 92(1.1) and (2) of the Act, by the Minister of Citizenship and Immigration as, in the opinion of the Minister, these Instructions will best support the attainment of the immigration goals established by the Government of Canada by seeing families reunited in Canada. By using a randomized selection process, sponsors will have the same opportunity of having their application accepted for processing within the 10 000 sponsorship applications accepted for processing in any year.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-53f579f832e46a836247","countryCode":"CA","country":"Canada","title":"Establishment of Formal Regulatory Application Process for Ministerial Relief (SOR/2017-38)","policyEffect":"Amends the Immigration and Refugee Protection Regulations to formalize the application process for Ministerial relief under subsection 42.1(1) of the IRPA for foreign nationals inadmissible on security, human/international rights violations, or organized crime grounds. Foreign nationals may only apply after an inadmissibility decision or removal order has been issued and judicial review avenues have been exhausted or expired, using the CBSA-prescribed form. Phase scope: Full operative implementation upon registration","operativeDate":"2017-03-10","year":2017,"affectedGroup":"Inadmissible foreign nationals seeking ministerial relief","materialConditionsAndExceptions":"Validated condition or limit: Foreign nationals may only apply after an inadmissibility decision or removal order has been issued and judicial review avenues have been exhausted or expired, using the CBSA-prescribed form.","policyCategory":"Admissibility and enforcement","policyTool":"Application procedure / adjudication rules","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2017/2017-03-22/html/sor-dors38-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 151, No. 6, SOR/2017-38, March 22, 2017","evidencePassage":"Description The IRPR have been amended to include the following new regulatory requirements: (1) Establish when a foreign national may submit an application The Regulations now provide that a foreign national may apply for Ministerial relief only after inadmissibility (on the relevant IRPA grounds) has been determined, and all rights of judicial review have been exhausted or expired. Inadmissibility is established when the person has been refused an immigration application (i.e. temporary or permanent resident application), or when a removal order has been made against them. (2) Prescribe the use of a specific application form and set out the information that is required to be included in the application The Regulations now provide that an application for Ministerial relief must be made using the form provided by the CBSA.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-0ff4803a315f585cf2f9","countryCode":"CA","country":"Canada","title":"Repeal of Conditional Permanent Residence for Sponsored Spouses and Partners (SOR/2017-56)","policyEffect":"Repeals Division 8 of Part 5 of the Immigration and Refugee Protection Regulations, eliminating the requirement that certain sponsored spouses and partners cohabit with their sponsor for two continuous years to maintain permanent resident status, and amends definitions of abuse in Part 11 (Workers). Phase scope: Full operative implementation upon registration; applies to pending applications and existing conditional statuses.","operativeDate":"2017-04-13","year":2017,"affectedGroup":"Sponsored spouses and partners","materialConditionsAndExceptions":"Validated condition or limit: Repeals Division 8 of Part 5 of the Immigration and Refugee Protection Regulations, eliminating the requirement that certain sponsored spouses and partners cohabit with their sponsor for two continuous years to maintain permanent resident status, and amends definitions of abuse in Part 11 (Workers).","policyCategory":"Family reunification / permanent residence","policyTool":"Status rights and obligations","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2017/2017-05-03/html/sor-dors56-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 151, No. 9, SOR/2017-56, May 3, 2017","evidencePassage":"laid before each House of Parliament, substantially in the annexed form; His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 5(1), paragraphs 14(2)(d) and 26(d) and section 32 (see footnote d) of the Immigration and Refugee Protection Act (see footnote e), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations. Regulations Amending the Immigration and Refugee Protection Regulations Amendments 1 Division 8 of Part 5 of the Immigration and Refugee Protection Regulations (see footnote 1) is repealed. 2 The Regulations are amended by adding the following after section 196.1: Abuse 196.2 For the purpose of this Part abuse consists of any of the following: (a) physical abuse, including assault and forcible confinement; (b) sexual abuse, including sexual contact without consent; (c) psychological abuse, including threats and intimidation; and (d) financial abuse, including fraud and extortion. 3 Subparagraph 209.2(1)(a)(iv) of the Regulations is replaced by the following: (iv) the employer must make reasonable efforts to provide a workplace that is free of abuse; and … Regulations in column 2 is replaced by the following: Item Column 2 Short-form Description 17 Make reasonable efforts to provide a workplace that is free of abuse Transitional Provisions 7 (1) The conditions set out in Division 8 of Part 5 of the Immigration and Refugee Protection Regulations as that Division read immediately before the coming into force of these Regulations do not apply to sponsorship applications that are pending on that date. (2) Any condition imposed on a person under Division 8 of Part 5 of the Immigration and Refugee Protection Regulations as that Division read immediately before the coming into force of these Regulations, or before that date, is removed. Coming into Force 8 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues There was a condition applicable to certain permanent residents that required a sponsored spouse or partner to cohabit with their sponsor for two years following the day on which they became a permanent resident. If the couple did not cohabit for the required two years, the sponsored spouse or partner could have lost their permanent … Immigration and Refugee Protection Regulations — which required two years of cohabitation as a condition of permanent residence for sponsored spouses and partners who, at the time of their application, had been in the relationship for two years or less and have no children in common — was repealed in its entirety upon registration of the amendments. The Immigration and Refugee Protection Regulations were also amended by adding the definition of “abuse,” currently found in paragraph 72.1(7)(a), to follow after section 196.1. The definition of abuse is used in Part 11 — Workers. “One-for-One” Rule The “","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-a942e5dc1f6d7a0d7321","countryCode":"CA","country":"Canada","title":"Expansion of Electronic Travel Authorization (eTA) to Select Low-Risk Nationals of Brazil, Bulgaria, and Romania (SOR/2017-53)","policyEffect":"Amends the IRPR to allow citizens of Brazil, Bulgaria, and Romania who have held a Canadian temporary resident visa in the past 10 years or who hold a valid US non-immigrant visa to apply for an Electronic Travel Authorization (eTA) when traveling to Canada by air, rather than needing a Temporary Resident Visa. Phase scope: Operative phase 1 for Brazil, Bulgaria, and Romania visa facilitation.","operativeDate":"2017-05-01","year":2017,"affectedGroup":"Low-risk temporary travelers","materialConditionsAndExceptions":"","policyCategory":"Temporary entry / border screening","policyTool":"Travel authorization / visa facilitation","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2017/2017-05-03/html/sor-dors53-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 151, No. 9, SOR/2017-53, May 3, 2017","evidencePassage":"the Immigration and Refugee Protection Regulations Amendments 1 The Immigration and Refugee Protection Regulations (see footnote 1) are amended by adding the following after section 7: Nationals of certain countries 7.01 (1) Despite subsection 7(1), a foreign national who is a citizen of one of the following countries and who is seeking to enter Canada by air may not enter Canada to remain on a temporary basis without first obtaining a temporary resident visa or an electronic travel authorization: (a) Brazil; (b) Bulgaria; and (c) Romania. Application for electronic travel authorization — conditions (2) A foreign national referred to in subsection (1) may only make an application for an electronic travel authorization if they (a) have held a temporary resident visa at any time during the 10-year period immediately preceding the day on which they make their application; or (b) hold a valid United States nonimmigrant visa on the day on which they make their application. 2 Subsection 7.1(1) of the Regulations is replaced by the following: Electronic travel authorization 7.1 (1) A foreign national referred to in paragraph 7(2)(a) who is exempt from the requirement to obtain a temporary … Description: The regulatory amendments expand electronic travel authorization (eTA) eligibility to travellers from Brazil, Bulgaria and Romania who have held a Canadian temporary resident visa at any time during the last 10 years, or who, at the time of application, hold a valid nonimmigrant visa from the United States. The amendments also enable a new immigration information-sharing connection with the United States to confirm the validity of a visa issued by the other country. Cost-benefit statement: The cost associated with expanding eTA eligibility to low-risk travellers from visa-required countries … low-risk foreign nationals from the visa-required countries of Brazil, Bulgaria and Romania. For the purposes of expanded eTA eligibility, low-risk travellers are defined as those who have held a Canadian temporary resident visa (TRV) at any time during the last 10 years, or who, at the time of application, hold a valid U.S. nonimmigrant visa. Effective implementation of expanded eTA eligibility must balance travel facilitation objectives with the need to maintain the integrity of the immigration program. This includes ensuring that only those who meet established eligibility criteria are, when … the visa-required population. By tailoring screening requirements based on the risks posed by individual travellers, the Government will also be able to focus resources on higher-risk travellers. Reducing the processing workload for IRCC officers will allow them to focus more time on complex visa applications, thereby increasing IRCC’s oversight capacity to improve the safety and security of Canadians. Description As of May 1, 2017, the IRPR are amended to permit foreign nationals from Brazil, Bulgaria and Romania to apply for an eTA for travel to Canada by air if they meet any of the following … baseline is compared with the regulatory amendments, which will, on May 1, 2017, expand eTA eligibility to travellers from Brazil, Bulgaria and Romania who have held a TRV in the last 10 years or who, at the time of application, hold a valid U.S. nonimmigrant visa. Of note, an eTA may only be used when entering Canada by air. Consequently, travellers entering Canada from land and sea ports will continue to require a visa. The first year of impacts will be in 2017, noting that impacts are prorated for a May 1, 2017 program launch. Therefore, all implementation, development and transition costs as well","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-3b00be9fd2f33a62e521","countryCode":"CA","country":"Canada","title":"Formal Regulatory Repeal of the Live-in Caregiver Program (LCP) and Enactment of Transitional Provisions (SOR/2017-78)","policyEffect":"Repeals the regulatory provisions authorizing the federal Live-in Caregiver Program (including the definition under section 2 and Division 3 of Part 6 of the Immigration and Refugee Protection Regulations) while enacting transitional provisions ensuring that foreign nationals whose initial Live-in Caregiver work permit was based on an LMIA requested on or before November 30, 2014, maintain eligibility for permanent residence under the program. Phase scope: Full implementation upon registration","operativeDate":"2017-05-05","year":2017,"affectedGroup":"Foreign caregivers / live-in caregiver program applicants","materialConditionsAndExceptions":"Validated condition or limit: Repeals the regulatory provisions authorizing the federal Live-in Caregiver Program (including the definition under section 2 and Division 3 of Part 6 of the Immigration and Refugee Protection Regulations) while enacting transitional provisions ensuring that foreign nationals whose initial Live-in Caregiver work permit was based on an LMIA requested on or before November 30, 2014, maintain eligibility for permanent residence under the program.","policyCategory":"Labor migration / residence","policyTool":"Eligibility / legal framework","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2017/2017-05-17/html/sor-dors78-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 151, No. 10, SOR/2017-78, Registration May 5, 2017; P.C. 2017-461","evidencePassage":"The Regulations (i) repeal provisions from the Immigration and Refugee Protection Regulations that authorize the federal Live-in Caregiver Program, and (ii) create transitional provisions for the applicants who already are or may become part of the Live-in Caregiver Program, because they have been or may be issued an initial Live-in Caregiver Program work permit based on a Labour Market Impact Assessment that was requested by their employer on or before November 30, 2014.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-5addfdab6bd9a8d314ca","countryCode":"CA","country":"Canada","title":"Regulatory Framework for Automated Information-Sharing with Five Country Conference Partners (SOR/2017-79)","policyEffect":"Adds Division 3 to Part 20 of the Immigration and Refugee Protection Regulations (sections 315.36 to 315.43), creating a domestic regulatory framework authorizing the automated sharing and disclosure of biometric queries (fingerprints) and immigration/refugee data between Canada and the governments of Australia, New Zealand, and the United Kingdom. Phase scope: Full operative effect from registration date (May 5, 2017).","operativeDate":"2017-05-05","year":2017,"affectedGroup":"Third-country nationals and asylum claimants","materialConditionsAndExceptions":"","policyCategory":"Border management / enforcement","policyTool":"Information sharing / verification procedures","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2017/2017-05-17/html/sor-dors79-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 151, No. 10, SOR/2017-79, May 17, 2017","evidencePassage":"Department of Homeland Security des États-Unis et lui communique les renseignements corrigés. 8 The Regulations are amended by adding the following after section 315.35: DIVISION 3 Information Sharing Between the Government of Canada and the Governments of Australia, New Zealand and the United Kingdom Interpretation 315.36 The following definitions apply in this Division. national of a third country means a foreign national other than a national or citizen of the country of the party making or receiving a query. (ressortissant d’un pays tiers) party means (a) the Minister; or (b) any of the following … government departments or their successors that have entered into an arrangement with the Department and the Canada Border Services Agency for the purpose of facilitating information sharing to assist in the administration and enforcement of their respective countries’ immigration and citizenship laws: (i) Australia’s Department of Immigration and Border Protection, (ii) New Zealand’s Ministry of Business, Innovation and Employment, (iii) the United Kingdom’s Home Office. (partie) query means an automated request for information made by one party to another for the purposes of this Division. (requête) Purpose 315.37 The purpose of this Division is to define the parameters for the sharing of information, by means of a query, between parties in support of the administration and enforcement of Canada’s laws in respect of immigration and other parties’ laws in respect of citizenship and immigration. Making of query 315.38 A query in respect of a person must be made by submitting to another party either the person’s fingerprints accompanied by a unique transaction number or the unique transaction number assigned to a previous query received in respect of the person. Disclosure of information — query or response 315.39 Disclosure in relation to the making of or a response to a query is limited to information that is necessary, relevant and proportionate to achieving the purposes of this Division and must be made in a manner that ensures the accuracy and reliability of the information. Making of query — permitted purposes 315.4 (1) The Minister may make a query to another party only for the following purposes: (a) to support an examination or determination following an application or claim made by a national of a third country for a permanent or temporary resident visa, a work … immigration-related information in response to an automated query received from Australia, New Zealand, or the United Kingdom for the purpose of assisting in the administration and enforcement of their respective immigration, refugee, and citizenship laws. The Regulations consist of several key elements. Scope and purpose of automated immigration information sharing The Regulations specify the query-based nature of the information exchange and the limited purposes for which information could be disclosed. The Regulations specify that information will be shared on third-country nationals, including","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-39553098e20f39e5f53a","countryCode":"CA","country":"Canada","title":"Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2017-1","policyEffect":"Amends the Ministerial Instructions Respecting the Express Entry System by updating eligibility criteria, updating rules for expired results in the pool, and introducing or adjusting points for French and English language proficiency.","operativeDate":"2017-06-06","year":2017,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Amends the Ministerial Instructions Respecting the Express Entry System by updating eligibility criteria, updating rules for expired results in the pool, and introducing or adjusting points for French and English language proficiency.","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2017/2017-06-03/html/notice-avis-eng.html","preciseCitation":"Canada Gazette. Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2017-1.","evidencePassage":"These Instructions come into force on June 6, 2017.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4decef11526bf2926087","countryCode":"CA","country":"Canada","title":"Regulations Amending the Citizenship Regulations, No. 2","policyEffect":"Amends the Citizenship Regulations to update procedural and evidentiary requirements, including age ranges for language evidence and documentation for tax filings and physical presence, aligning with statutory changes.","operativeDate":"2017-09-06","year":2017,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Citizenship or nationality status","policyTool":"Documentation","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2017/2017-09-20/html/sor-dors191-eng.html","preciseCitation":"gazette.gc.ca. Regulations Amending the Citizenship Regulations, No. 2.","evidencePassage":"6 (1) Subject to subsections (2) to (4), these Regulations come into force on the day on which they are registered.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-f3caf24253af32127adc","countryCode":"CA","country":"Canada","title":"Increasing the Maximum Age of Dependent Children under the IRPR (SOR/2017-60)","policyEffect":"Amends the definition of 'dependent child' in section 2 of the Immigration and Refugee Protection Regulations (IRPR) by raising the maximum age limit from 'less than 19 years of age' to 'less than 22 years of age' (with corresponding adjustments to sponsorship undertakings, fee schedules, and residency obligations), allowing young adults aged 19 to 21 to qualify as dependants in family sponsorship and economic/refugee applications. Phase scope: Applies to permanent resident and sponsorship applications submitted on or after October 24, 2017.","operativeDate":"2017-10-24","year":2017,"affectedGroup":"Dependent children and sponsors","materialConditionsAndExceptions":"Validated condition or limit: Amends the definition of 'dependent child' in section 2 of the Immigration and Refugee Protection Regulations (IRPR) by raising the maximum age limit from 'less than 19 years of age' to 'less than 22 years of age' (with corresponding adjustments to sponsorship undertakings, fee schedules, and residency obligations), allowing young adults aged 19 to 21 to qualify as dependants in family sponsorship and economic/refugee applications.; Phase scope: Applies to permanent resident and sponsorship applications submitted on or after October 24, 2017.","policyCategory":"Family reunification","policyTool":"Eligibility / legal definition","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2017/2017-05-03/html/sor-dors60-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 151, No. 9, SOR/2017-60, May 3, 2017","evidencePassage":"Regulations Amending the Immigration and Refugee Protection Regulations (Age of Dependent Children) Amendments 1 Subparagraphs (b)(i) and (ii) of the definition dependent child in section 2 of the Immigration and Refugee Protection Regulations (see footnote 1) are replaced by the following: (i) is less than 22 years of age and is not a spouse or common-law partner, or (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition. (enfant à charge) 2 Subsection 61(6) of the Regulations is replaced by the following: Child (6) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act, child means a child who is not a spouse or common-law partner and is less than 22 years of age. 3 (1) Subparagraphs 132(1)(b)(ii) and (iii) of the Regulations are replaced by the following: (ii) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner, or is a person referred to in paragraph 117(1)(g), and is less than 22 years of age on the day on which he or she becomes … years of age and is the sponsor’s spouse, common-law partner or conjugal partner, the sponsor, the co-signer, if any, and the person must, before the sponsorship application is approved, enter into a written agreement that includes 4 Subparagraph 295(1)(a)(ii) of the Regulations is replaced by the following: (ii) in respect of a principal applicant who is a foreign national referred to in any of paragraphs 117(1)(b), (f), (g) or (h), is less than 22 years of age and is not a spouse or common-law partner, $75, Transitional Provisions 5 (1) The definition dependent child in section 2 of the Immigration … unintentionally limits its scope to dependent children of adult immigrant applicants, as opposed to including child principal applicants who are sponsored by their Canadian citizen or permanent resident parents. Finally, the changes correct an error made in the French definition of “dependent child.” Description This amendment changes the definition of dependent child in the Regulations from “less than 19 years of age” to “less than 22 years of age,” thereby increasing the maximum age of dependent children. Related amendments are made to other sections of the Regulations, specifically those concerning fees, sponsorship duration, and residency obligations, to ensure consistency with the intention of those provisions, in line with the new definition of dependent child. This amendment corrects a reference from “dependant child” to “dependent child” in the French definition. The amendment also contains two transitional provisions. The first enables dependent children whose applications are pending as of the coming into force of these Regulations, who filed their applications before August 1, 2014, who and are themselves principal applicants, to benefit from the broader definition which … secondary students — who complete a degree at a median age of 24.8 years of age (see footnote 7) — to be eligible as dependent children through much of their undergraduate studies. These young adults would be unlikely to be eligible for permanent resident status as principal applicants under an economic immigration program, until they have completed post-secondary education and gained significant work experience. Implementation, enforcement and service standards These Regulations will come into force on October 24, 2017. IRCC will make the necessary changes to application processing systems, and","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-ae05e71ad7615c13743c","countryCode":"CA","country":"Canada","title":"Full Visa Exemption for Citizens of Bulgaria and Romania (SOR/2017-246)","policyEffect":"Amends the IRPR to add Bulgaria and Romania to Schedule 1.1 of visa-exempt countries, granting all Romanian and Bulgarian citizens visa-free entry to Canada for temporary stays by obtaining an eTA when traveling by air. Phase scope: Operative phase 2 lifting visa requirement completely from 09:00 EST December 1, 2017.","operativeDate":"2017-12-01","year":2017,"affectedGroup":"Citizens of bulgaria and romania","materialConditionsAndExceptions":"Validated condition or limit: Amends the IRPR to add Bulgaria and Romania to Schedule 1.1 of visa-exempt countries, granting all Romanian and Bulgarian citizens visa-free entry to Canada for temporary stays by obtaining an eTA when traveling by air.; Phase scope: Operative phase 2 lifting visa requirement completely from 09:00 EST December 1, 2017.","policyCategory":"Border control / temporary entry","policyTool":"Visa exemption","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2017/2017-12-13/html/sor-dors246-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 151, No. 25, SOR/2017-246, December 13, 2017","evidencePassage":"The Immigration and Refugee Protection Regulations (the Regulations) are amended to add Romania and Bulgaria to the list of countries and territories whose citizens are exempt from the TRV requirement for travel to Canada.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-095ec53b89aa261a6c26","countryCode":"CA","country":"Canada","title":"Modification of citizenship revocation decision-maker under Bill C-6","policyEffect":"The Federal Court becomes the decision-maker in all revocation cases, unless the individual requests that the Minister make the decision.","operativeDate":"2018-01-11","year":2018,"affectedGroup":"Individuals facing citizenship revocation","materialConditionsAndExceptions":"Validated condition or limit: The Federal Court becomes the decision-maker in all revocation cases, unless the individual requests that the Minister make the decision.","policyCategory":"Citizenship or nationality status","policyTool":"Enforcement","sourceName":"Government of Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/news/2017/10/changes_to_the_citizenshipactasaresultofbillc-6.html","preciseCitation":"","evidencePassage":"The Federal Court is the decision-maker in all revocation cases, unless the individual requests that the Minister make the decision.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-795deffed02afe813d15","countryCode":"CA","country":"Canada","title":"Mandatory Refusal to Allow Application Withdrawal During Inadmissibility Reporting (SOR/2018-5)","policyEffect":"Amends IRPR subsection 42(2) to explicitly mandate that border services officers must not allow a foreign national seeking entry to withdraw their application or leave Canada if an inadmissibility report under IRPA subsection 44(1) is being or has been prepared, unless the Minister decides not to make a removal order or not to refer the report to the Immigration Division. Phase scope: Entire","operativeDate":"2018-01-24","year":2018,"affectedGroup":"Foreign nationals seeking entry at ports of entry","materialConditionsAndExceptions":"Validated condition or limit: Amends IRPR subsection 42(2) to explicitly mandate that border services officers must not allow a foreign national seeking entry to withdraw their application or leave Canada if an inadmissibility report under IRPA subsection 44(1) is being or has been prepared, unless the Minister decides not to make a removal order or not to refer the report to the Immigration Division.","policyCategory":"Border controls / enforcement","policyTool":"Administrative adjudication / border examination","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2018/2018-02-07/html/sor-dors5-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 152, Number 3, Registration SOR/2018-5, January 24, 2018.","evidencePassage":"If a report is being prepared or has been prepared under subsection 44(1) of the Act in respect of a foreign national who indicates that they want to withdraw their application to enter Canada, the officer shall not allow the foreign national to withdraw their application or leave Canada unless the Minister decides either not to make a removal order or not to refer the report to the Immigration Division for an admissibility hearing.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-a32cdc93f8354b79f362","countryCode":"CA","country":"Canada","title":"Moratorium on Farm Management Applications under the Federal Self-Employed Persons Class","policyEffect":"Sets the annual intake number of new applications accepted for processing under the Federal Self-Employed Persons Class for individuals with experience in farm management to zero, creating an indefinite temporary moratorium. Phase scope: Entire","operativeDate":"2018-03-10","year":2018,"affectedGroup":"Self-employed farm managers","materialConditionsAndExceptions":"","policyCategory":"Labor migration","policyTool":"Quota","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2018/2018-03-10/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Volume 152, Number 10, March 10, 2018, Ministerial Instructions Regarding the Processing of Applications under the Federal Self-Employed Persons Class (Farm Management)","evidencePassage":"Instructions are compliant with the Canadian Charter of Rights and Freedoms. The Instructions respect all previously established accords and agreements, including the Canada-Quebec Accord on Immigration, and all existing agreements with provinces and territories. Intake of permanent residents under the Federal Self-Employed Persons Class Effective upon the date of publication of these Instructions in the Canada Gazette, Part I, the number of new applications that will be accepted for processing annually for Federal Self-Employed Persons Class applications where the relevant experience of the applicant is in the management of a farm under subsection 88(1) of the Immigration and Refugee Protection Regulations will be set at zero. This temporary moratorium will remain in place until otherwise indicated in a future Ministerial Instruction. Disposition of applications Applications for permanent residence under the Federal Self-Employed Persons Class by applicants whose relevant experience is in management of a farm that are received by designated Department of Citizenship and Immigration offices on or after the date of publication of these Instructions in the Canada Gazette, Part I, will be returned","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-699209c8a1b008414ec5","countryCode":"CA","country":"Canada","title":"Clarification of End of Examination for Refugee Claimants (SOR/2018-60)","policyEffect":"Amends section 37 of the Immigration and Refugee Protection Regulations to define when the examination of a person who makes a claim for refugee protection ends, establishing that it terminates on the later of an eligibility determination under section 101 or determination by the Refugee Protection Division under section 107, and the completion of a decision under subsection 44(2). Phase scope: entire","operativeDate":"2018-03-27","year":2018,"affectedGroup":"Asylum seekers","materialConditionsAndExceptions":"Validated condition or limit: Amends section 37 of the Immigration and Refugee Protection Regulations to define when the examination of a person who makes a claim for refugee protection ends, establishing that it terminates on the later of an eligibility determination under section 101 or determination by the Refugee Protection Division under section 107, and the completion of a decision under subsection 44(2).","policyCategory":"Asylum","policyTool":"Adjudication / enforcement powers","sourceName":"Canada Gazette, Part II","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2018/2018-04-18/html/sor-dors60-eng.html","preciseCitation":"SOR/2018-60; Canada Gazette, Part II, Volume 152, Number 8","evidencePassage":"37 of the Immigration and Refugee Protection Regulations footnote1 before paragraph (a) is replaced by the following: End of examination 37 (1) Subject to subsection (2), the examination of a person who seeks to enter Canada, or who makes an application to transit through Canada, ends only when (2) Section 37 of the Regulations is amended by adding the following after subsection (1): End of examination — claim for refugee protection (2) The examination of a person who makes a claim for refugee protection at a port of entry or inside Canada other than at a port of entry ends when the later of the following occurs: (a) an officer determines that their claim is ineligible under section 101 of the Act or the Refugee Protection Division accepts or rejects their claim under section 107 of the Act; (b) a decision in respect of the person is made under subsection 44(2) of the Act and, in the case of a claim made at a port of entry, the person leaves the port of entry. Coming into Force 2 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The Immigration and Refugee Protection","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-73a5da1bcc7ac73c2053","countryCode":"CA","country":"Canada","title":"Permanent Regulatory Repeal of the Cumulative Duration Rule for Temporary Foreign Workers (SOR/2018-61)","policyEffect":"Formally repealed paragraph 200(3)(g) and subsection 200(4) of the Immigration and Refugee Protection Regulations (the cumulative duration limit / 'four-in, four-out' rule), removing the prohibition on issuing work permits to temporary foreign workers who had accumulated four years of work in Canada. Phase scope: Entire","operativeDate":"2018-03-27","year":2018,"affectedGroup":"Temporary foreign workers","materialConditionsAndExceptions":"Validated condition or limit: Formally repealed paragraph 200(3)(g) and subsection 200(4) of the Immigration and Refugee Protection Regulations (the cumulative duration limit / 'four-in, four-out' rule), removing the prohibition on issuing work permits to temporary foreign workers who had accumulated four years of work in Canada.","policyCategory":"Labor migration","policyTool":"Eligibility","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2018/2018-04-18/html/sor-dors61-eng.html","preciseCitation":"Regulations Amending the Immigration and Refugee Protection Regulations (Work Permits): SOR/2018-61, Canada Gazette, Part II, Volume 152, Number 8","evidencePassage":"Permits) to be laid before each House of Parliament, substantially in the annexed form; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsections 5(1) and (1.1) footnotec and paragraphs 14(2)(b) and 32(b) of the Immigration and Refugee Protection Act footnoteb, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Work Permits). Regulations Amending the Immigration and Refugee Protection Regulations (Work Permits) Amendments 1 (1) Paragraph 200(3)(g) of the Immigration and Refugee Protection Regulations footnote1 is repealed. (2) Subsection 200(4) of the Regulations is repealed. Transitional Provision 2 Paragraph 200(3)(g) of the Immigration and Refugee Protection Regulations, as it read immediately before the day on which these Regulations come into force, does not apply to applications for work permits that are pending on that day. Coming into Force 3 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues On December 13, 2016, the Government of Canada introduced a public policy directing immigration officers to consider granting to all affected work permit applicants an exemption from paragraph 200(3)(g) in the Immigration and Refugee Protection Regulations (the Regulations), pending the repeal of the regulation. This regulation, known as the cumulative duration rule, prohibited the issuance of a work permit to temporary foreign workers who had worked in Canada for one or more periods totalling four years. This provision is now being repealed. Background In order to work in Canada, a foreign national generally requires a work","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-75bd4e42f153d715c8ca","countryCode":"CA","country":"Canada","title":"Transition of Start-up Business Class into Permanent Regulatory Program (SOR/2018-72)","policyEffect":"Incorporates the Start-up Business Class into the Immigration and Refugee Protection Regulations as a permanent economic class immigration stream, establishing permanent eligibility requirements, language benchmark levels, settlement fund requirements, and compliance mechanisms for designated entities. Phase scope: Entire","operativeDate":"2018-04-11","year":2018,"affectedGroup":"Immigrant entrepreneurs and designated business entities","materialConditionsAndExceptions":"Validated condition or limit: Incorporates the Start-up Business Class into the Immigration and Refugee Protection Regulations as a permanent economic class immigration stream, establishing permanent eligibility requirements, language benchmark levels, settlement fund requirements, and compliance mechanisms for designated entities.","policyCategory":"Admission / economic migration","policyTool":"Program establishment / legal framework","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2018/2018-05-02/html/sor-dors72-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 152, Number 9, Registration SOR/2018-72, April 11, 2018.","evidencePassage":"Business Class) Amendments 1 Paragraph 70(2)(b) of the Immigration and Refugee Protection Regulations footnote1 is replaced by the following: (b) the economic class, consisting of the federal skilled worker class, the transitional federal skilled worker class, the Quebec skilled worker class, the provincial nominee class, the Canadian experience class, the federal skilled trades class, the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class and the Quebec self-employed persons class; and 2 Section 89 of the Regulations is replaced by the … following: General Artificial transactions 89 For the purposes of this Division, an applicant in the self-employed persons class or an applicant in the start-up business class is not considered to have met the applicable requirements of this Division if the fulfillment of those requirements is based on one or more transactions that were entered into primarily for the purpose of acquiring a status or privilege under the Act rather than (a) in the case of an applicant in the self-employed class, for the purpose of self-employment; and (b) in the case of an applicant in the start-up business class, for the purpose of engaging in the business activity for which a commitment referred to in paragraph 98.01(2)(a) was intended. Permanent resident status 89.1 A foreign national who is an accompanying family member of a person who makes an application as a member of the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class or the Quebec self-employed persons class shall become a permanent resident if, following an examination, it is established that (a) the person who made the application has become a permanent resident; and (b) the foreign national is not inadmissible. 3 The Regulations are amended by adding the following after section 98: Start-up Business Class Class 98.01 (1) For the purposes of subsection 12(2) of the Act, the start-up business class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada, who meet the requirements of subsection (2) and who intend to reside in a province other than Quebec. Member of class (2) A foreign national is a member of the start-up business class if (a) they have obtained a commitment … that is made by one or more entities designated under subsection 98.03(1), that is less than six months old on the date on which their application for a permanent resident visa is made and that meets the requirements of section 98.04; (b) they have submitted the results of a language test that is approved under subsection 102.3(4), which results must be provided by an organization or institution that is designated under that subsection, be less than two years old on the date on which their application for a permanent resident visa is made and indicate that the foreign national has met at least … benchmark level 5 in either official language for all four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, as applicable; (c) they have, excluding any investment made by a designated entity into their business, transferable and available funds unencumbered by debts or other obligations of an amount that is equal to one half of the amount identified, in the most recent edition of the publication concerning low income cut-offs published annually by Statistics Canada under the Statistics Act, for urban areas of residence of … launching their start-ups in Canada. More broadly, the program supports the Government of Canada’s priorities for fostering innovation, attracting investment and supporting economic growth. However, Start-Up Visa is a pilot program and its pilot phase expires on March 31, 2018. The pilot was created through Ministerial Instructions and under the Immigration and Refugee Protection Act, these pilot programs are limited to a five-year duration and cannot be extended. In order to make Start-Up Visa a permanent program, it must be incorporated into the Immigration and Refugee Protection Regulations. … Government of Canada’s commitments to attracting innovation, investment and global skills by making Start-Up Visa a permanent program. Description The regulations create Start-Up Visa as a new permanent resident program for business immigrants under the economic class and cover a number of elements: (1) Requirements for entrepreneurs applying to immigrate through the program These include criteria for language proficiency, business ownership, settlement funds and support from a designated entity. These requirements are the same as those in place under the pilot program. Under the permanent program","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d90ede4dac8fb9e71188","countryCode":"CA","country":"Canada","title":"Temporary Public Policy Regarding Excessive Demand on Health and Social Services","policyEffect":"Canada established a temporary public policy under section 25.2 of the IRPA exempting certain foreign nationals applying for temporary or permanent residence from medical inadmissibility due to excessive demand under paragraph 38(1)(c) of the IRPA, effectively raising the cost threshold to three times the average Canadian per capita cost and excluding certain special education and personal support services from cost calculations.","operativeDate":"2018-06-01","year":2018,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Canada established a temporary public policy under section 25.2 of the IRPA exempting certain foreign nationals applying for temporary or permanent residence from medical inadmissibility due to excessive demand under paragraph 38(1)(c) of the IRPA, effectively raising the cost threshold to three times the average Canadian per capita cost and excluding certain special education and personal support services from cost calculations.","policyCategory":"Admission","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/excessive-demand-june-2018.html","preciseCitation":"canada.ca. Temporary Public Policy Regarding Excessive Demand on Health and Social Services.","evidencePassage":"This public policy will be implemented on June 1, 2018 and ends once regulatory changes come into force.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-f0675ba0cba5ca4ce4fe","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations","policyEffect":"Exempted citizens of the United Arab Emirates (UAE) from the temporary resident visa (TRV) requirement for entering Canada by adding the United Arab Emirates to Schedule 1.1 of the Immigration and Refugee Protection Regulations.","operativeDate":"2018-06-05","year":2018,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Exempted citizens of the United Arab Emirates (UAE) from the temporary resident visa (TRV) requirement for entering Canada by adding the United Arab Emirates to Schedule 1.1 of the Immigration and Refugee Protection Regulations.","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2018/2018-06-13/html/sor-dors107-eng.html","preciseCitation":"Canada Gazette. Regulations Amending the Immigration and Refugee Protection Regulations.","evidencePassage":"Regulations Amending the Immigration and Refugee Protection Regulations. Regulations Amending the Immigration and Refugee Protection Regulations Amendment 1 Schedule 1.1 to the Immigration and Refugee Protection Regulationsfootnote1 is amended by adding the following in alphabetical order: United Arab Emirates Coming into Force 2 These Regulations come into force at 05:30:00 a.m. eastern daylight time on June 5, 2018, but if they are registered after that time, they come into force at 05:30:00 a.m. eastern daylight time on the day after the day on which they are registered. REGULATORY IMPACT … ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Immigration, Refugees and Citizenship Canada (IRCC) has determined that the United Arab Emirates (UAE) meets the criteria to be exempted from the requirement that Emirati citizens obtain a temporary resident visa (TRV) before entering Canada. The exemption from a TRV cannot be granted to the UAE without amending the Immigration and Refugee Protection Regulations (the Regulations). Background Under the Regulations, persons travelling to Canada on a temporary basis require a TRV, with the exception of those from countries … people ties, and provide lasting benefits for the UAE and Canada. Description The Regulations are amended to add the UAE to the list of countries and territories whose citizens are exempt from the TRV requirement for travel to Canada. Regulatory and non-regulatory options considered In order to add the UAE to the list of countries exempt from the TRV requirement, a regulatory change is necessary and is the only option. “One-for-One” Rule The “One-for-One” Rule does not apply to this regulatory amendment, as there is no change in administrative costs to business. Small business lens The small business … relatively low, given that historically, Canada has not observed a great number of asylum or immigration violations from the UAE. These costs will be offset by the resulting economic benefits to Canada, as lifting the visa will facilitate additional travel by business and leisure visitors, as well as those visiting friends and family. These additional visitors will boost trade and investment, and benefit the Canadian tourism and air travel sectors. Implementation, enforcement and service standards This regulatory amendment comes into force on June 5, 2018, at 5:30 am, eastern standard time. As","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-a21174c9c574987d7085","countryCode":"CA","country":"Canada","title":"Express Entry ITA Application Submission Window Reduction","policyEffect":"Amends section 6 of the Ministerial Instructions for the Express Entry Application Management System to reduce the time candidates who receive an Invitation to Apply (ITA) have to submit a complete permanent residence application from 90 days to 60 days. Phase scope: Entire","operativeDate":"2018-06-26","year":2018,"affectedGroup":"Express entry candidates receiving itas","materialConditionsAndExceptions":"","policyCategory":"Admission / economic selection","policyTool":"Application deadline / procedural rules","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/24-october-2017-25-june-2018.html","preciseCitation":"Department of Citizenship and Immigration, Ministerial Instructions for the Express Entry Application Management System, in force June 26, 2018.","evidencePassage":"-agreements/ministerial-instructions/express-entry-application-management-system.html). DEPARTMENT OF CITIZENSHIP AND IMMIGRATION **Notice:** An amendment has been made to section 6 of the Ministerial Instructions for the Express Entry Application Management System. The validity period now ends on the 60th day after the invitation is issued. These instructions come into force on June 26, 2018. ## IMMIGRATION AND REFUGEE PROTECTION ACT ### Ministerial Instructions Respecting the Express Entry System The Minister of Citizenship and Immigration, pursuant to section 10.3 [Footnote a](#fna) of the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp4-eb4686333160ee0d5960","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2018-128)","policyEffect":"Operationalizes mandatory collection of biometric information (fingerprints and photo) and sets an $85 fee, 10-year validity window (\"1 in 10\" rule), port-of-entry restrictions, and exemption categories for temporary resident visas, permits, permanent residence, and refugee claims.","operativeDate":"2018-07-31","year":2018,"affectedGroup":"Migrants across various visa categories","materialConditionsAndExceptions":"Validated condition or limit: Operationalizes mandatory collection of biometric information (fingerprints and photo) and sets an $85 fee, 10-year validity window (\"1 in 10\" rule), port-of-entry restrictions, and exemption categories for temporary resident visas, permits, permanent residence, and refugee claims.","policyCategory":"Border controls","policyTool":"Fee","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2018/2018-07-11/html/sor-dors128-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 152, Number 14 (SOR/2018-128)","evidencePassage":"Protection Regulations. Regulations Amending the Immigration and Refugee Protection Regulations Amendments 1 Section 10 of the Immigration and Refugee Protection Regulations footnote 1 is amended by adding the following after subsection (2): Clarification (2.1) For greater certainty, neither the information referred to in subparagraphs 12.3(b)(i) and (ii) nor the fee referred to in section 315.1 form part of the application. 2 Section 12 of the Regulations is replaced by the following: Return of application 12 Subject to section 140.4, if the requirements of sections 10 and 11 are not met, the application and all documents submitted in support of it, except the information referred to in subparagraphs 12.3(b)(i) and (ii), shall be returned to the applicant. Request or application at port of entry 12.001 Subject to sections 198 and 214, a person — who under section 10.01 of the Act is required to provide their biometric information — may only make a request for a temporary resident permit under subsection 24(1) of the Act or an application for a work or study permit at a port of entry if that port of entry provides collection services for biometric information. 3 (1) Section 12.1 of the Regulations and the heading before it are replaced by the following: Collection and Verification of Biometric Information Collection — claims, applications, and requests 12.1 Section 10.01 of the Act does not apply to claims, applications and requests under the Act, other than the following: (a) an application for a permanent resident visa; (b) an application to remain in Canada as a permanent resident; (c) an application for permanent resident status made by a person who, when they made their claim for refugee protection outside Canada, was exempted, under section 12.8, from providing their biometric information under section 10.01 of the Act; (d) an application for a temporary resident visa; (e) an application for an extension of authorization to remain in Canada as a temporary resident; (f) a request for a temporary resident permit; (g) an application for restoration of temporary resident status; (h) an application for a work permit or renewal of a work permit; (i) an application for a study permit or renewal of a study permit; (j) an application to remain in Canada as a permanent resident, made in Canada by a protected person, within the meaning of subsection 95(2) of the Act … subsection 140.2(1) if 7 Subsection 183(4) of the Regulations is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph: (c.1) in the case of a person who is required by section 10.01 of the Act to provide their biometric information, the day on which the period of 10 years following the latest day on which the person provided their biometric information under section 10.01 of the Act ends; or 8 The heading before section 315.1 of the Regulations is replaced by the following: Services in Relation to Collection of Biometric Information 9 (1) Subsections 315.1(1) and (2) of the Regulations are replaced by the following: Fee — $85 315.1 (1) A fee of $85 is payable for the provision of services in relation to the collection of biometric information under section 10.01 of the Act. Exemptions (2) The following persons are not required to pay the fee referred to in subsection (1): (a) with respect to an application referred to in paragraph 12.1(a), a person who applied for refugee protection outside Canada and their family members; (b) with respect to a request referred to in paragraph 12.1(f), (i) a person referred to in paragraph 12.2( … ) are amended to provide specificity to provisions of the general legislative framework approved by Parliament through the Economic Action Plan 2015 Act, No. 1 by implementing the expansion of biometrics collection to all persons (unless exempted) applying for temporary or permanent residence (including all those applying for a temporary or permanent resident visa or status, work permit, study permit, or temporary resident permit) under the Immigration and Refugee Protection Act (the Act). The Regulations also exempt certain applicants from the biometrics collection requirement (e.g. applicants … , application or request under the Act and provided the authority to establish regulations to implement the legislative changes. These legislative amendments come into force on July 31, 2018. IRCC is leading the Biometrics Expansion Project in partnership with the CBSA, the RCMP and SSC. The scope of the project has three broad components: Collection: Collect biometric information from all visa-required persons; all persons applying for a work permit, study permit, temporary resident permit or temporary resident status (excluding United States nationals); and all permanent resident applicants. … applicants and travellers, as well as upholding the safety and security of Canadians. Objectives The objective of the Regulations is to implement the approved legislative changes contained in the Economic Action Plan 2015 Act, No. 1, that come into force simultaneously with the Regulations on July 31, 2018, which expand the obligation to provide biometric information to all persons making a claim, application or request under the Act. The Regulations also prescribe the procedure for the collection and verification of biometric information. Description The IRPR are amended to establish the procedures","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-5fbcf62a995eefd34ec6","countryCode":"CA","country":"Canada","title":"Alignment of Inadmissibility Grounds with the Cannabis Act (SOR/2018-170)","policyEffect":"Amends IRPR sections 19 and 246 to add the Cannabis Act to the list of prescribed Acts under which committing transborder offences creates criminal inadmissibility upon entering Canada, and specifies cannabis-related offences as factors in determining danger to the public for immigration detention. Phase scope: Entire","operativeDate":"2018-10-17","year":2018,"affectedGroup":"Foreign nationals entering canada","materialConditionsAndExceptions":"","policyCategory":"Border controls / inadmissibility","policyTool":"Inadmissibility criteria / enforcement","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2018/2018-08-22/html/sor-dors170-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 152, Number 17, Registration SOR/2018-170, August 2, 2018.","evidencePassage":"Section 19 of the IRPR specifies the Acts of Parliament that contain the indictable offences which can lead to criminal inadmissibility when committing such a criminal offence upon entering Canada; the CDSA is currently listed in this provision. The IRPA also includes various provisions related to immigration detention. Grounds for immigration detention include where an officer believes on reasonable grounds the person is inadmissible and is a danger to the public.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-dddab3c5013f6f17eea5","countryCode":"CA","country":"Canada","title":"Streamlined Administrative Enforcement of Unenforced Removal Orders Abroad (SOR/2018-232)","policyEffect":"Amends section 240 of the Immigration and Refugee Protection Regulations to authorize CBSA officers in Canada to administratively enforce a removal order upon confirming a foreign national's departure, and allows officers outside Canada to enforce an unenforced removal order when the person applies for a visa, eTA, or ARC simply by confirming identity through examination, repealing prior requirements regarding lawful admission and non-inadmissibility. Phase scope: entire","operativeDate":"2018-11-02","year":2018,"affectedGroup":"Non-citizens subject to removal orders","materialConditionsAndExceptions":"","policyCategory":"Enforcement","policyTool":"Removal order administration","sourceName":"Canada Gazette, Part II","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2018/2018-11-14/html/sor-dors232-eng.html","preciseCitation":"SOR/2018-232; Canada Gazette, Part II, Volume 152, Number 23","evidencePassage":"Subsection 240(2) of the Immigration and Refugee Protection Regulations footnote 1 is replaced by the following: When removal order is enforced by officer outside Canada (2) If a foreign national against whom a removal order has not been enforced has departed from Canada and applies outside Canada for a visa, an electronic travel authorization or an authorization to return to Canada, an officer shall enforce the order if, following an examination, the foreign national establishes that they are the person described in the order.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-f9f6b5475d4ee82e34f5","countryCode":"CA","country":"Canada","title":"Work Permit Exemption for Registered Indians (SOR/2018-249)","policyEffect":"Amends section 186 of the Immigration and Refugee Protection Regulations to add paragraph (x), explicitly exempting foreign nationals who are registered Indians under Canada's Indian Act from the requirement to obtain a work permit to work in Canada. Phase scope: entire","operativeDate":"2018-11-23","year":2018,"affectedGroup":"Registered indians under the indian act","materialConditionsAndExceptions":"Validated condition or limit: Amends section 186 of the Immigration and Refugee Protection Regulations to add paragraph (x), explicitly exempting foreign nationals who are registered Indians under Canada's Indian Act from the requirement to obtain a work permit to work in Canada.","policyCategory":"Labour migration","policyTool":"Work authorization exemption","sourceName":"Canada Gazette, Part II","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2018/2018-12-12/html/sor-dors249-eng.html","preciseCitation":"SOR/2018-249; Canada Gazette, Part II, Volume 152, Number 25","evidencePassage":"Work Permit Exemption) Amendment 1 Section 186 of the Immigration and Refugee Protection Regulations footnote 1 is amended by striking out “or” at the end of paragraph (v), by adding “or” at the end of paragraph (w) and by adding the following after paragraph (w): (x) if they are an Indian. Coming into Force 2 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Although the Immigration and Refugee Protection Act provides a right to enter and remain in Canada for all individuals who are registered Indians under the Indian Act, the Immigration and Refugee Protection Regulations (the Regulations) do not expressly exempt registered Indians from the requirement to obtain a work permit to work in Canada. Introducing such an exemption will be more aligned with policy intent and the right of entry. Background The 1976 Immigration Act, by virtue of subsection 4(3), granted Indians registered under the Indian Act the same rights and obligations that Canadian citizens had under immigration legislation. This meant that a registered Indian had the right to enter and remain in Canada … from the requirement to obtain a work permit by amending the relevant work permit provision of the Regulations. Description The regulatory amendment will ensure that all individuals who enter Canada and are registered as Indians under the Indian Act are not required to obtain a work permit. “One-for-One” Rule The “One-for-One” Rule does not apply to this regulatory amendment, as there is no change in administrative costs to business. Small business lens The small business lens does not apply to this regulatory amendment, as there are no costs to small business. Consultation This regulatory package","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp4-7be28c064dd949cbc794","countryCode":"CA","country":"Canada","title":"Regulations Amending the Citizenship Regulations (SOR/2018-264)","policyEffect":"Establishes regulatory requirements for written notice, detention, and return procedures when the Minister seizes fraudulent documents under section 23.2 of the Citizenship Act, authorizes disclosure of seized documents to CBSA for IRPA enforcement, and aligns citizenship judge proceedings and revocation provisions by repealing obsolete terrorism revocation hearing rules.","operativeDate":"2018-11-30","year":2018,"affectedGroup":"Citizenship applicants and individuals subject to revocation proceedings","materialConditionsAndExceptions":"","policyCategory":"Citizenship","policyTool":"Administrative procedure","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2018/2018-12-12/html/sor-dors264-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 152, Number 25 (SOR/2018-264)","evidencePassage":"is repealed. 3 (1) Subsection 12(1) of the Regulations is repealed. (2) The portion of subsection 12(2) of the Regulations before paragraph (a) is replaced by the following: (2) When an applicant appears before a citizenship judge, the judge may permit the applicant to be accompanied by 4 The Regulations are amended by adding the following after section 26.7: Seizure of Documents 27 If the Minister seizes a document under section 23.2 of the Act, the Minister must provide to the person who provided the document written notice of the seizure that includes the grounds for the seizure and that states that the person may provide additional information with respect to the document. 28 The Minister may, for the purpose of the administration and enforcement of the Immigration and Refugee Protection Act, disclose to the Canada Border Services Agency, information with respect to the seized document and may provide the seized document to the Agency. The Agency may keep the seized document for the period necessary to determine whether it appears to be genuine or to have been unlawfully altered. 29 If the Minister determines that the seized document was not fraudulently or improperly obtained … or used, or that its seizure is not necessary to prevent its fraudulent or improper use, the Minister must return the document to the person who provided it. 30 If the Minister determines that the seized document was obtained or used fraudulently or improperly or that the seizure is necessary to prevent its fraudulent or improper use, the document must be detained for as long as is necessary for the administration of the laws of Canada, after which it will be returned to the authority that issued it or disposed of in accordance with the laws of Canada. Coming into Force 5 (1) These Regulations … authority by providing clarity and consistency in establishing the processes to be followed in relation to the seizure and detention of documents believed to be fraudulent. Revocation (hearings) The AACA also repealed provisions in the Citizenship Act that allowed the Minister to revoke an individual’s citizenship if the individual had been convicted of an offence abroad that, if committed in Canada, would constitute a terrorism offence in Canada. Amendments to the Regulations are required to remove this now obsolete ground for revocation from a list of factors on which basis a revocation hearing may … the regulatory amendments is to align the Citizenship Regulations with the changes to the Citizenship Act by repealing the obsolete provision stating that a conviction for a terrorism offence committed outside Canada is a factor in determining whether a revocation hearing should be held. Amendments identified by the SJCSR and technical amendments The third objective of the regulatory amendments is to correct technical errors and inconsistencies identified by the SJCSR and make technical revisions. Description Document seizure provisions The regulatory amendments establish the requirement for … determining whether a hearing is required in connection with a revocation decision. Amendments identified by the SJCSR and technical amendments The amendments address technical errors and inconsistencies identified by the SJCSR as follows: Subsection 12(1) of the Citizenship Regulations, which establishes that a judge may require a citizenship applicant to give evidence under oath, is repealed. This provision does not prescribe a procedure to be followed by citizenship judges in the performance of their duties, and, is therefore, unnecessary. Likewise, this provision is redundant because it reflects an authority to require someone to give evidence under oath that is already established in section 13 of the Canada Evidence Act. The definitions of “foreign service officer” and “agent du service extérieur” in section 2 of the Citizenship Regulations would be amended by changing the terms “nearby country” to “another country” and “pays voisin” to “autre pays” for clarity. This change allows applicants to obtain services from another office, rather than requiring applicants to seek consular services at the closest possible office. In addition, the references to “or a registration” and to “fait","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-d36d1e6d36a2b17c25ed","countryCode":"CA","country":"Canada","title":"Interim Pathway for Caregivers Public Policy","policyEffect":"Launched a dedicated temporary public policy pathway to permanent residence for in-home foreign national caregivers in Canada with qualifying temporary work experience under the Temporary Foreign Worker Program who were ineligible under existing caregiver pathways. Phase scope: Open for application intake from March 4, 2019 to June 4, 2019 (with a subsequent re-opening phase later in 2019)","operativeDate":"2019-03-04","year":2019,"affectedGroup":"In-home foreign caregivers working in canada under the tfwp","materialConditionsAndExceptions":"","policyCategory":"Labour migration / caregivers","policyTool":"Permanent residence pathway / public policy stream","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/news/2019/02/caregivers-will-now-have-access-to-new-pathways-to-permanent-residence.html","preciseCitation":"IRCC News Release / Public Policy: Interim Pathway for Caregivers (February 23, 2019)","evidencePassage":"of work experience, they will have access to a direct pathway to become a permanent resident. These pilot programs will replace the Caring for Children and Caring for People with High Medical Needs pilots and include: - Occupation-specific work permits for caregivers, providing the ability to change jobs quickly when necessary. - Open work permits for spouses/common-law partners and study permits for dependent children, to allow the caregiver’s family to accompany them to Canada. In addition, the Minister also launched the Interim Pathway for Caregivers, which will be open from March 4, 2019, … until June 4, 2019. This interim program is being launched after hearing directly from caregivers and interested parties that the previous changes made in 2014 were not well understood. Many caregivers began working for families in Canada, only to find out later that they were not going to qualify for permanent residence under an existing program. To address this issue, the Interim Pathway for Caregivers will provide those caregivers an opportunity to stay in Canada permanently. The interim program will have modified criteria compared to the current pilot programs and offer a pathway to permanent residence for caregivers who, in good faith, have come to Canada and are providing care to Canadians, without a clear pathway to permanent residence. The Government of Canada continues to be committed to family reunification and eliminating backlogs across all immigration streams. In 2017, the Government committed to eliminating 80% of the caregiver backlog and reducing the processing time from its peak of more than 60 months. To date, the Government has reduced 94% of the backlog and reduced the processing time to 12 months. ## Quotes > “Caregivers provide care to families in Canada that","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-79268ca3a98133eee95e","countryCode":"CA","country":"Canada","title":"Order Extending the Decision-Making Role of Citizenship Judges (SOR/2019-82)","policyEffect":"Extended the decision-making role of citizenship judges under section 14 of the Citizenship Act for an additional five-year period to July 31, 2024, maintaining their statutory authority to determine physical presence requirements in citizenship grant applications. Phase scope: General application to citizenship physical presence adjudications","operativeDate":"2019-03-28","year":2019,"affectedGroup":"Citizenship applicants","materialConditionsAndExceptions":"","policyCategory":"Citizenship","policyTool":"Adjudication","sourceName":"Canada Gazette, Part II","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2019/2019-04-17/html/sor-dors82-eng.html","preciseCitation":"Canada Gazette, Part II, Vol. 153, No. 8, SOR/2019-82 (April 17, 2019)","evidencePassage":"Money and finances Science and innovation Topics menu Canada.ca Canada Gazette Publications Part II: Vol. 153 (2019) April 17, 2019 Order Extending the Application of Section 14 of that Act for a Period of Five Years: SOR/2019-82 Canada Gazette, Part II, Volume 153, Number 8 Registration SOR/2019-82 March 28, 2019 CITIZENSHIP ACT Order Extending the Application of Section 14 of that Act for a Period of Five Years The Minister of Citizenship and Immigration, pursuant to subsection 28.1(1)footnote a of the Citizenship Actfootnote b, extends the application of section 14 of that Act for a period of … five years, ending on July 31, 2024. Ottawa, March 25, 2019 Ahmed D. Hussen Minister of Citizenship and Immigration EXPLANATORY NOTE (This note is not part of the Order.) Proposal Pursuant to his authority under subsection 28.1(1) of the Citizenship Act, the Minister of Immigration, Refugees and Citizenship Canada (the Minister) is extending the decision-making role of citizenship judges for a period of five years. The decision-making role of citizenship judges will cease on July 31, 2024, unless it is further extended by the Minister before that date. Objective Where citizenship applicants do not clearly demonstrate that they meet the requirement related to physical presence in Canada, section 14 of the Citizenship Act requires the case to be referred to and determined by a citizenship judge. The extension of the decision-making role of citizenship judges is intended to allow them to continue with this work. Background Citizenship judges have three roles. First, and as outlined in the Citizenship Regulations, they are responsible for presiding at citizenship ceremonies and administering the Oath of Citizenship to new Canadians. Second, they are responsible for making physical presence","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-4a8ca9bcb2cfb1691d6e","countryCode":"CA","country":"Canada","title":"Order Repealing Designated Countries of Origin Orders Under the IRPA","policyEffect":"Repealed the quantitative threshold and designation orders for Designated Countries of Origin (DCO), removing differentiated, accelerated asylum adjudication timelines and restrictions for refugee claimants from listed countries. Phase scope: All asylum claimants from previously designated origin countries","operativeDate":"2019-05-10","year":2019,"affectedGroup":"Asylum seekers","materialConditionsAndExceptions":"Validated condition or limit: Repealed the quantitative threshold and designation orders for Designated Countries of Origin (DCO), removing differentiated, accelerated asylum adjudication timelines and restrictions for refugee claimants from listed countries.","policyCategory":"Asylum and protection","policyTool":"Country designations","sourceName":"Canada Gazette, Part I","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2019/2019-05-18/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Vol. 153, No. 20 (May 18, 2019)","evidencePassage":"Publications Part I: Vol. 153 (2019) May 18, 2019 Canada Gazette, Part I, Volume 153, Number 20: GOVERNMENT NOTICES May 18, 2019 DEPARTMENT OF CITIZENSHIP AND IMMIGRATION IMMIGRATION AND REFUGEE PROTECTION ACT Order Repealing Certain Orders Made Under Section 109.1 of the Immigration and Refugee Protection Act The Minister of Citizenship and Immigration, pursuant to section 109.1 footnote a of the Immigration and Refugee Protection Act footnote b, makes the annexed Order Repealing Certain Orders Made Under Section 109.1 of the Immigration and Refugee Protection Act. Ottawa, May 9, 2019 Ahmed D. Hussen Minister of Citizenship and Immigration Order Repealing Certain Orders Made Under Section 109.1 of the Immigration and Refugee Protection Act Repeals Quantitative Thresholds for the Designation of Countries of Origin 1 The Order Establishing Quantitative Thresholds for the Designation of Countries of Origin footnote 1 is repealed. Order Designating Countries of Origin 2 The Order Designating Countries of Origin footnote 2, as amended by the Order Amending the Order Designating Countries of Origin footnote 3, is repealed. Coming into Force May 10, 2019 3 This Order comes into force on May 10, … 2019, but if it is made after that day, it comes into force on the day on which it is made. DEPARTMENT OF THE ENVIRONMENT CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Federal environmental quality guidelines for copper Whereas the Minister of the Environment issues the environmental quality guidelines for the purpose of carrying out the Minister’s mandate related to preserving the quality of the environment; Whereas the guidelines relate to the environment pursuant to paragraph 54(2)(a) of the Canadian Environmental Protection Act, 1999; And whereas the Minister of the Environment has offered","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp4-8902741d665b1f774698","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Administration) (SOR/2019-174)","policyEffect":"Added Division 1.1 (sections 9.1 through 9.6) to the Immigration and Refugee Protection Regulations, requiring that certain applications (such as in-Canada temporary resident status extensions, work/study permit applications and renewals, status restoration, and youth mobility applications), supporting documents, fees, and employer offers of employment under the International Mobility Program be submitted using electronic means specified by the Minister, subject to limited exemptions.","operativeDate":"2019-06-03","year":2019,"affectedGroup":"Temporary residents, students, workers, and youth mobility applicants","materialConditionsAndExceptions":"Validated condition or limit: Added Division 1.1 (sections 9.1 through 9.6) to the Immigration and Refugee Protection Regulations, requiring that certain applications (such as in-Canada temporary resident status extensions, work/study permit applications and renewals, status restoration, and youth mobility applications), supporting documents, fees, and employer offers of employment under the International Mobility Program be submitted using electronic means specified by the Minister, subject to limited exemptions.","policyCategory":"Entry and stay","policyTool":"Application procedure","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2019/2019-06-12/html/sor-dors174-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 153, Number 12, SOR/2019-174","evidencePassage":"to subsections 5(1) and 11(1.01) footnote a, section 14 footnote b, subsection 26(1) footnote c and section 186.3 footnote d of the Immigration and Refugee Protection Act footnote e, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Administration). Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Administration) Amendments 1 The Immigration and Refugee Protection Regulations footnote 1 are amended by adding the following after section 9: DIVISION 1.1 Use of Electronic Means Electronic means 9.1 (1) Despite section 10, when an application, request or claim is made, a document or information is submitted electronically, or a signature by electronic means is provided, it must be made, submitted or provided using the electronic means that is made available or specified by the Minister for that purpose. Supporting documents for electronic applications (2) When an application, request or claim is made by electronic means, any required information, documents or evidence of payment required in these Regulations must be submitted by the same means. Application by electronic means 9.2 The following applications must be made by the electronic means made available or specified by the Minister for that purpose: (a) an application for an extension of an authorization to remain in Canada as a temporary resident; (b) an application that is made in Canada for a work or study permit or for renewal of such a permit; (c) an application for the restoration of temporary resident status; (d) an application that is made pursuant to a youth mobility arrangement entered into by Canada. Deemed receipt by the Minister 9.3 (1) Any application, request, claim, document or information sent by a foreign national, or … start-up business class, the self-employed persons class and the Quebec self-employed persons class; and 8 Sections 85.1 to 85.6 of the Regulations are repealed. 9 (1) The portion of subsection 209.11(1) of the Regulations before paragraph (a) is replaced by the following: Foreign national — subparagraph 200(1)(c)(ii.1) 209.11 (1) An employer who has made an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(ii.1) must, before the foreign national makes an application for a work permit in respect of that employment, provide the following information to the Minister using the electronic means that is made available or specified by the Minister for that purpose: (2) Subsections 209.11(2) and (3) of the Regulations are repealed. 10 Subsection 209.994(2) of the Regulations is replaced by the following: Deemed receipt (2) Despite section 9.3(2) of these Regulations and section 3 of the Electronic Documents and Electronic Information Regulations, a notice of preliminary finding or a corrected or cancelled notice of preliminary finding is deemed to have been received 10 days after the day on which it is sent. 11 Subsection 209.996(6) of the Regulations is replaced … entail the collection of new or additional personal information; however, such information collected by IRCC and the CBSA will continue to be protected and stored in accordance with Canadian law. These Regulations come into force on the date on which they are registered. Contacts Patrick McEvenue Director Strategic Policy and Planning Immigration, Refugees and Citizenship Canada Telephone: 613‑437‑6296 Email: IRCC.SPPElectronicAdmin-AdminelectroniquePSP.IRCC@cic.gc.ca Madona Radi Director Program and Policy Management Division Canada Border Services Agency Telephone: 613‑954‑6319 Email: Madona.Radi","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-5404d887d672dcdba596","countryCode":"CA","country":"Canada","title":"Direct Removal Orders for Human/International Rights Violations (SOR/2019-200)","policyEffect":"Amends Section 228(1) and Paragraph 229(1)(b) of the IRPR to allow the Minister/CBSA officers at the administrative level to directly issue deportation orders against foreign nationals inadmissible under paragraphs 35(1)(d) or (e) of the Act (human or international rights violations) rather than requiring referral to the Immigration Division of the Immigration and Refugee Board. Phase scope: General application for inadmissible foreign nationals under paragraphs 35(1)(d) and (e) of the IRPA.","operativeDate":"2019-06-10","year":2019,"affectedGroup":"Inadmissible foreign nationals","materialConditionsAndExceptions":"","policyCategory":"Enforcement","policyTool":"Removal order","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2019/2019-06-26/html/sor-dors200-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 153, Number 13 (SOR/2019-200, registered June 10, 2019)","evidencePassage":"Regulations footnote 1 is amended by striking out “and” at the end of paragraph (d), by adding “and” to the end of paragraph (e) and by adding the following after paragraph (e): (f) if the foreign national is inadmissible under paragraph 35(1)(d) or (e) of the Act on grounds of violating human or international rights, a deportation order. 2 Paragraph 229(1)(b) of the Regulations is replaced by the following: (b) a deportation order, if they are inadmissible under paragraph 35(1)(a), (b) or (c) of the Act on grounds of violating human or international rights; Transitional Provision 3 Subsection 228(1) and paragraph 229(1)(b) of the Immigration and Refugee Protection Regulations, as they read immediately before the day on which these Regulations come into force, continue to apply in respect of a foreign national for whom, before the day on which these Regulations come into force, a report was referred to the Immigration Division for an admissibility hearing under subsection 44(2) of the Act. Coming into Force 4 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The admissibility","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-3e0f53ced5ae8c0d7e92","countryCode":"CA","country":"Canada","title":"Clarification of Health Inadmissibility Excessive Demand Exemptions for Family Members","policyEffect":"Amended section 24 of the Immigration and Refugee Protection Regulations to clarify which family members are prescribed as exempt from the excessive demand on health or social services ground of inadmissibility under paragraph 38(1)(c) of the IRPA, specifically prescribing dependent children of spouses/common-law partners, conjugal partners, and their dependent children. Phase scope: Family class applicants and their dependent family members","operativeDate":"2019-06-17","year":2019,"affectedGroup":"Family class sponsorship applicants and dependent children","materialConditionsAndExceptions":"Validated condition or limit: Amended section 24 of the Immigration and Refugee Protection Regulations to clarify which family members are prescribed as exempt from the excessive demand on health or social services ground of inadmissibility under paragraph 38(1)(c) of the IRPA, specifically prescribing dependent children of spouses/common-law partners, conjugal partners, and their dependent children.","policyCategory":"Admissibility / health grounds","policyTool":"Excessive demand health inadmissibility exemption","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2019/2019-06-26/html/sor-dors212-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 153, Number 13: Regulations Amending the Immigration and Refugee Protection Regulations (Miscellaneous Program) (SOR/2019-212)","evidencePassage":"child of the sponsor. Prescribed family members (2) The following family members of a foreign national referred to in paragraph 38(2)(a) of the Act are prescribed for the purpose of paragraph 38(2)(d) of the Act: (a) the dependent child of the sponsor’s spouse or common-law partner; (b) the dependent child of the dependent child referred to in paragraph (a); and (c) the dependent child of the sponsor’s dependent child. Exception (3) Paragraph 38(1)(c) of the Act does not apply to a foreign national who is a member of the family class and is (a) the conjugal partner of a sponsor; (b) the dependent … Section 180: The provision is being amended in English and French to include a reference similar to the wording used in the Regulations in subsection 7.1(2) to clarify that this section only applies to “a foreign national who holds a temporary resident visa.” Section 24 of the Regulations related to inadmissibility on health grounds: Paragraph 38(1)(c) of the Act provides that a foreign national is inadmissible to Canada on health grounds if their condition might reasonably be expected to cause excessive demand on health or social services. Subsection 38(2) exempts certain classes of foreign nationals from the application of this inadmissibility, and gives authority to specify who benefits in the Regulations. Section 24 of the Regulations is being amended to clarify who may benefit from this exemption by adding specific references to dependent children under the family class, their dependent children, conjugal partners, as well the dependent children of conjugal partners, and the dependent children of those children. “One-for-One” Rule and small business lens The “One-for-One” Rule does not apply to these amendments, as there is no change in administrative costs or burden on businesses","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-1eb364506549820cc838","countryCode":"CA","country":"Canada","title":"Mandatory Consideration of the Best Interests of the Child in Immigration Detention (SOR/2019-213)","policyEffect":"Amended IRPR Section 248 and added Section 248.1 to explicitly require immigration officers and Immigration Division members to evaluate the best interests of directly affected children (under age 18) when making decisions regarding detention or release, codifying specific factors including physical, emotional, and psychological well-being, and healthcare/educational needs.","operativeDate":"2019-06-17","year":2019,"affectedGroup":"Minors / families in detention","materialConditionsAndExceptions":"","policyCategory":"Enforcement / detention","policyTool":"Detention guidelines / vulnerability protection","sourceName":"Canada Border Services Agency / Queen's Printer","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2019/2019-06-26/html/sor-dors213-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 153, Number 13, SOR/2019-213","evidencePassage":"is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e): (f) the best interests of a directly affected child who is under 18 years of age. 2 The Regulations are amended by adding the following after section 248: Best interests of the child 248.1 (1) For the purpose of paragraph 248(f) and for the application, in respect of children who are under 18 years of age, of the principle affirmed in section 60 of the Act, that a minor child shall be detained only as a measure of last resort, the following factors must be considered when determining the best interests of the child: (a) the child’s physical, emotional and psychological well-being; (b) the child’s healthcare and educational needs; (c) the importance of maintaining relationships and the stability of the family environment, and the possible effect on the child of disrupting those relationships or that stability; (d) the care, protection and safety needs of the child; and (e) the child’s views and preferences, provided the child is capable of forming their own views or expressing their preferences, taking into consideration the child’s age and maturity. Degree of dependence (2) For the purpose of paragraph 248(f), the level of dependency of the child on the person for whom there are grounds to detain shall also be considered when determining the best interests of the child. Coming into Force 3 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The Immigration and Refugee Protection Act (IRPA) includes provisions specifying that the best interests of the minor child must be considered in any decision related … that affects a child. This will standardize the process, while still allowing decision makers to consider additional factors that may be pertinent. Description The amendments to the IRPR are as follows: 1. Section 248 has been amended by adding a new paragraph, specifying the best interests of a child directly affected by an immigration detention or release decision of another person, at the end of the existing list of factors: (f) the best interests of a directly affected child who is under 18 years of age. 2. Section 248.1 has been added after section 248. Subsection (1) of this new section provides the following non-exhaustive list of factors that CBSA officers and ID members must consider when determining a child’s best interests with respect to detention and release, regardless of whether the child is detained or housed: the child’s physical, emotional and psychological well-being; the child’s healthcare and educational needs; the importance of maintaining relationships and the stability of the family environment, and the possible effect on the child of disrupting those relationships or that stability; the care, protection and safety needs of the child; and the child’s views and preferences, provided the child is capable of forming their own views or expressing their preferences, taking into consideration the child’s age and maturity. The list should not be considered exhaustive; other factors could also be considered. Subsection (2), stipulating that the level of dependence of the child on the person for whom there are grounds to detain, has been added as a consideration. The scope of these amendments is limited to best interests considerations only as they apply to immigration detention and release decisions. “One-for-One” Rule The “One-for-One” Rule does not apply","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-ca-home-support-worker-20190618","countryCode":"CA","country":"Canada","title":"Home Support Worker permanent-residence pilot opened","policyEffect":"From June 18, 2019, the Home Support Worker Class provided an economic permanent-residence route for eligible applicants intending to live outside Quebec in occupations covered by NOC 4412, excluding housekeepers. Applicants with less than 24 months of qualifying Canadian work experience needed a qualifying full-time job offer, language proficiency of at least benchmark 5 in all four skills, and at least one year of post-secondary education or assessed foreign equivalent. They then had to demonstrate 24 months of qualifying experience in the preceding 36 months, within 36 months of issuance of their initial home support work permit. Applicants already holding 24 months of qualifying experience in the preceding 36 months could apply under a separate route, still subject to the language and education requirements. Qualifying work had to be authorized and performed with temporary resident status; full-time study and self-employment periods did not count. The original instructions specified an application period ending June 17, 2024.","operativeDate":"2019-06-18","year":2019,"affectedGroup":"Eligible home support worker applicants intending to reside outside quebec, subject to occupation, experience, language and education conditions","materialConditionsAndExceptions":"Validated condition or limit: From June 18, 2019, the Home Support Worker Class provided an economic permanent-residence route for eligible applicants intending to live outside Quebec in occupations covered by NOC 4412, excluding housekeepers.; Applicants with less than 24 months of qualifying Canadian work experience needed a qualifying full-time job offer, language proficiency of at least benchmark 5 in all four skills, and at least one year of post-secondary education or assessed foreign equivalent.; They then had to demonstrate 24 months of qualifying experience in the preceding 36 months, within 36 months of issuance of their initial home support work permit.; Applicants already holding 24 months of qualifying experience in the preceding 36 months could apply under a separate route, still subject to the language and education requirements.","policyCategory":"Migration policy","policyTool":"","sourceName":"Canada Gazette / Immigration, Refugees and Citizenship Canada","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2019/2019-06-29/html/notice-avis-eng.html","preciseCitation":"Canada Gazette Part I, June 29, 2019: Ministerial Instructions Respecting the Home Support Worker Class","evidencePassage":"e fees that are payable for processing an application for a permanent resident visa under these Instructions are the fees set out in paragraphs 295(1)(c)(i), (ii) or (iii) of the Regulations, as applicable. Period of application 4 These instructions apply from June 18, 2019 to June 17, 2024. DEPARTMENT OF CITIZENSHIP AND IMMIGRATION IMMIGRATION AND REFUGEE PROTECTION ACT Ministerial Instructions Respecting the Home Support Worker Class The Minister of Citizenship and Immigration, pursuant to section 14.1 footnote c of the Immigration and Refugee Protection Act footnote d, gives the annexed Min … isterial Instructions Respecting the Home Support Worker Class. Ahmed D. Hussen Minister of Citizenship and Immigration Ministerial Instructions Respecting the Home Support Worker Class Definitions 1 The following definitions apply in these Instructions. Act means the Immigration and Refugee Protection Act. (Loi) Canadian educational credential has the same meaning as in subsection 73(1) of the Regulations. (diplôme canadien) eligible occupation means an occupation listed in the National Occupational Classification under the unit group 4412, other than a housekeeper. (profession admissible) eq … (habileté langagière) Regulations mean the Immigration and Refugee Protection Regulations. (Règlement) work has the same meaning as in subsection 73(2) of the Regulations. (travail) Home support worker class 2 (1) The home support worker class is established as part of the economic class referred to in subsection 12(2) of the Act and consists of foreign nationals who intend to reside in a province other than the province of Quebec, and who demonstrate, in accordance with these Instructions, that they meet the requirements of these Instructions. Economic class (2) For greater certainty, the hom … e support worker class is considered to be part of the class referred to in paragraph 70(2)(b) of the Regulations. Application for permanent residence – less than 24 months experience (3) An application for a permanent residence visa as member of the home support worker class for a foreign national who has acquired in Canada less than 24 months of full-time work experience in an eligible occupation during the 36 months preceding the date on which the application is made consists of the following two steps: (a) the foreign national demonstrates, on the date on which the application is made, tha … the job offer, and (v) they are able to perform the work and duties described for the eligible occupation in the National Occupational Classification, and; (b) within 36 months of the issuance of their initial home support work permit, they demonstrate that they have acquired, in Canada, at least 24 months of full-time work experience in an eligible occupation within the 36 months preceding the date of the demonstration. Application for permanent residence – at least 24 months experience (4) A foreign national who has acquired in Canada at least 24 months of full-time work experience in an eli … gible occupation may apply for a permanent residence visa as member of the home support worker class if they demonstrate, on the date on which the application is made, that they meet the following conditions: (a) their work experience was accumulated within the 36 months preceding the date on which the application is made; and (b) the conditions set out in subparagraphs (3)a)(i) and (ii). Work experience (5) The work experience referred to in paragraph (3)(b) and subsection (4) (a) must include the performance of the actions described in the lead statement for the eligible occupation in the Na … tional Occupational Classification, and the performance of a substantial number of the main duties of that occupation; (b) must only involve work that was authorized under a work permit; (c) must be acquired while the foreign national had temporary resident status; and (d) must not include any period during which the foreign national was engaged in full-time study or was self-employed. Processing fees 3 The fees that are payable for processing an application for a permanent resident visa under these Instructions are the fees set out in paragraphs 295(1)(c)(i), (ii) or (iii) of the Regulations, … as applicable. Period of application 4 These instructions apply from June 18, 2019 to June 17, 2024. DEPARTMENT OF CITIZENSHIP AND IMMIGRATION IMMIGRATION AND REFUGEE PROTECTION ACT New ministerial instructions regarding the processing of certain work permit applications Notice is hereby given under subsection 87.3(6) of the Immigration and Refugee Protection Act (the Act) that the Minister of Citizenship and Immigration has established the following ministerial instructions regarding the processing of certain work permit applications. Overview Authority for ministerial instructions is derive … t they meet the following conditions: (i) they have attained a level of proficiency of at least benchmark 5 in either official language of Canada for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, as demonstrated by the results of an evaluation designated by the Minister — that must be less than two years old on that date — by an organization or institution designated by the Minister for the purpose of evaluating language proficiency under subsection 74(3) of the Regulations, (ii) they hold (A) a Canadi","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d9bec5121649ba9fec90","countryCode":"CA","country":"Canada","title":"Budget Implementation Act, 2019, No. 1","policyEffect":"Amended the Immigration and Refugee Protection Act to establish an ineligibility ground for refugee protection claims if the claimant previously made a claim in another country.","operativeDate":"2019-06-21","year":2019,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Asylum or protection","policyTool":"Eligibility","sourceName":"justice.gc.ca","sourceUrl":"https://laws-lois.justice.gc.ca/eng/annualstatutes/2019_29/page-1.html?wbdisable=true","preciseCitation":"justice.gc.ca. Budget Implementation Act, 2019, No. 1.; S.C. 2019, c. 29, Division 16","evidencePassage":"Division 16 of Part 4 amends the Immigration and Refugee Protection Act to (a) introduce a new ground of ineligibility for refugee protection if a claimant has previously made a claim for refugee protection in another country;","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-843bac1c03582112117c","countryCode":"CA","country":"Canada","title":"Public Policy to Reinstate an Interim Pathway for Caregivers","policyEffect":"Reinstates the Interim Pathway for Caregivers for an additional three-month period from July 8, 2019 to October 8, 2019, providing a dedicated pathway to permanent residence for in-home temporary foreign worker caregivers who do not qualify under other existing caregiver pathways. Phase scope: Second three-month intake period from July 8, 2019 to October 8, 2019","operativeDate":"2019-07-08","year":2019,"affectedGroup":"Temporary foreign worker caregivers","materialConditionsAndExceptions":"","policyCategory":"Labour migration","policyTool":"Temporary regularisation or transition channel","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/interim-pathway-caregivers-july.html","preciseCitation":"Immigration, Refugees and Citizenship Canada, Public policy to reinstate an interim pathway for caregivers (2019-06-28).","evidencePassage":"significant contributions that these caregivers have made to Canadian families, while maintaining minimum requirements for applicants to be able to establish themselves and their families in Canada as permanent residents. ## Public Policy Considerations The Government has heard that the three-month application period for *the Interim Pathway for Caregivers* was too short for some caregivers to prepare their applications. Reinstating the *Interim Pathway for Caregivers* for an additional period of three months would provide interested and eligible applicants with another opportunity to apply and stay … in Canada permanently. Pursuant to section 25.2 of the *Immigration and Refugee Protection Act*, I hereby establish that there are sufficient public policy considerations justifying an exemption from the requirements of the *Immigration and Refugee Protection Regulations* associated with membership in a class \\[70(1)(a),(c) and (d), 72(1)(a),(c) and (d)], to foreign nationals who apply for a permanent resident visa or permanent residence and request to be considered under this public policy and who meet the conditions set out below. ## Eligibility Criteria and Conditions The criteria of the public policy remain unchanged from the initial *Interim Pathway for Caregivers.* This public policy applies to foreign nationals who meet the following criteria: 1. At the time of application: - is authorized to work in Canada on a work permit other than a *Live-in Caregiver Program* work permit; - is authorized to work without a work permit pursuant to subsection 186(u) of the *Immigration and Refugee Protection Regulations,* if they have applied for a renewal of a work permit other than a *Live-in Caregiver Program* work permit; or, - has applied and is eligible for restoration of status, and … otherwise inadmissible. 7. Meets all other statutory and regulatory requirements applicable to foreign nationals seeking to obtain permanent resident status in Canada, with the exception of the requirement to belong to a class. ## Start and End dates This public policy comes into effect on July 8, 2019 and expires on October 8, 2019. Applications received during this time period will continue to be processed until all applications are finalized. The Honourable Ahmed Hussen Canada’s Minister of Citizenship and Immigration Dated at Ottawa, this 28 day of June 2019 ## Footnote Footnote 1 The full-time","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recall-2ff7543e6a0bb9a01e35","countryCode":"CA","country":"Canada","title":"Rural and Northern Community Immigration pilot class created","policyEffect":"Canada established the Rural and Northern Community Immigration Class as part of the economic immigration class, creating a new permanent residence pathway for foreign nationals recommended by designated economic development organizations in participating rural and northern communities.","operativeDate":"2019-09-01","year":2019,"affectedGroup":"Foreign nationals recommended by designated participating rural and northern communities","materialConditionsAndExceptions":"Validated condition or limit: The five-year pilot required a designated-community recommendation plus the applicable employment, language and education criteria.","policyCategory":"New pathway","policyTool":"Executive Instrument","sourceName":"Canada Gazette, Part I, Volume 153, Number 33","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2019/2019-08-17/html/notice-avis-eng.html","preciseCitation":"Ministerial Instructions with respect to the Rural and Northern Community Immigration Class; operative 2019-09-01.","evidencePassage":"t (i) not have been revoked by the issuing economic development organization, and (ii) have been made within the period set out in column 3 of the schedule for the corresponding economic development organization set out in column 1, except in the case of an economic development organization that is removed from the schedule, in which case the period ends on the day of removal. Permanent resident visa 13 For the purposes of subsection 14.1(5) of the Immigration and Refugee Protection Act , subsections 70(1), (2), (4) and (5) of the Regulations apply to permanent resident visa applications made by an applicant. Not agent of Her Majesty 14 Economic development organizations are not agents of Her Majesty or Crown corporations , as defined in section 2 of the Financial Administration Act , and their officers and employees are not part of the federal public administration. Effective period 15 These Instructions have effect for a period of five years beginning on September 1, 2019, but if they are given after that day, the period begins on the day on which they are given. SCHEDULE (Subsections 2(2) and (3) and 8(1) and (3) and subparagraph 12(b)(ii)) List of Economic Development Organizations Item Column 1 Economic Development Organization Column 2 Community Column 3 Period 1 Brandon Immigration Pilot Board An area in Manitoba bounded by a radius of 55 km centred on latitude 49&deg;50&prime;35.4&Prime; North and longitude 99&deg;57&prime;01.6&Prime; West November 1, 2019 to October 31, 2022 2 Claresholm Economic Development Committee An area in Alberta bounded by a radius of 25 km centred on latitude 50&deg;01&prime;12.6&Prime; North and longitude 113&deg;35&prime;00.6&Prime; West January 1, 2020 to December 31, 2022 3 Community Futures Development Corporation of Central Kootenay In British Columbia, an area bounded by a radius of 35 km centred on latitude 49&deg;34&prime;13.1&Prime; North and longitude 117&deg;14&prime;10.4&Prime; West and an area bound","reviewMethod":"Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-7b45b5e81be3e011f4a6","countryCode":"CA","country":"Canada","title":"Public Policy Facilitating Immigration of Certain Sponsored Foreign Nationals Excluded under Paragraph 117(9)(d) or 125(1)(d)","policyEffect":"Establishes a pilot project via public policy exempting certain vulnerable foreign nationals (resettled refugees, protected persons, and sponsored family members) from the lifetime sponsorship bar under IRPR paragraphs 117(9)(d) and 125(1)(d) when a non-accompanying family member was not declared or examined. Phase scope: Initial 2-year pilot project starting September 9, 2019","operativeDate":"2019-09-09","year":2019,"affectedGroup":"Family members of refugees and previously sponsored persons","materialConditionsAndExceptions":"","policyCategory":"Family reunification","policyTool":"Exemption from exclusion / bar","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/certain-sponsored-foreign-nationals-excluded.html","preciseCitation":"Immigration, Refugees and Citizenship Canada, Consecutive public policy to facilitate the immigration of certain sponsored foreign nationals excluded under paragraph 117(9)(d) or 125(1)(d) of the Immigration and Refugee Protection Regulations.","evidencePassage":"officials have all relevant information to make a decision on a permanent residence application and can ensure that these family members would not make the principal applicant ineligible or inadmissible. In the *Immigration and Refugee Protection Regulations* (the Regulations), the consequence for failing to have a non-accompanying family member examined is a lifetime bar on being able to sponsor that family member, as per paragraphs 117(9)(d) and 125(1)(d) of the Regulations. These regulations were put in place to encourage full disclosure by immigration applicants, to enhance the overall integrity of Family Class immigration, and to protect the health, safety and security of Canadians. Stakeholders and the House of Commons Standing Committee on Citizenship and Immigration have expressed concerns related to the disproportionate impact of the lifetime bar, particularly on children. In order to address these concerns, the Department implemented a pilot project via a public policy on September 9, 2019. A subsequent public policy was issued in September 2021 for two years due to the unprecedented circumstances and challenges of the COVID-19 pandemic. The public policy will expire on September … the immigration into Canada of certain foreign nationals applying in the Family Class or the Spouse or Common-Law Partner in Canada class and whose sponsor applied for, and obtained permanent resident status as a Convention refugee or a person in similar circumstances, as a protected person or who were sponsored as a spouse, a common-law partner, a conjugal partner or a dependent child. These foreign nationals, if they comply with the below specified conditions, will be exempted from paragraph 117(9)(d) or 125(1)(d) of the Regulations. These foreign nationals are the most vulnerable populations … the sponsorship of family members who, based on their relationship to their sponsor, would have made that person ineligible to immigrate to Canada in the program under which they applied. As such, I hereby establish that, pursuant to my authority under section 25.2 of the Act, there are public policy considerations that justify continuation of the granting of an exemption from the application of paragraph 117(9)(d) or 125(1)(d) of the Regulations to foreign nationals who meet the conditions (eligibility requirements) listed below. ## Conditions (Eligibility Requirements) Based on public policy considerations, delegated officers may grant an exemption from the requirements of the provisions of the Regulations listed below to a foreign national who meets all of the following conditions (eligibility requirements): - The foreign national has applied as a spouse or a common-law partner in the Spouse or Common-Law Partner in Canada class or as a spouse, a common-law partner, a conjugal partner or a dependent child in the Family Class; - The foreign national has a sponsor who applied for and was granted permanent residence status: 1. As a Convention refugee or a person in similar circumstances; or, 2. After having been determined to be a protected person; or, 3. As a sponsored spouse, common-law partner, conjugal partner, or dependent child as a member of the Family Class; or, 4. As a sponsored spouse or common-law partner as a member of the Spouse or Common-Law Partner in Canada Class. - The foreign national, if declared and examined at the time their sponsor immigrated to Canada, would not have made their sponsor ineligible for the permanent residence in one of the above-mentioned the class in which the sponsor applied for and was granted permanent residence. ## Requirements","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-2623a596171bf921424d","countryCode":"CA","country":"Canada","title":"Temporary Freeze on the Parents and Grandparents Program (PGP)","policyEffect":"IRCC implemented a complete freeze on the acceptance of new sponsorship applications and permanent resident visa applications for the Parents and Grandparents Program (PGP) effective January 1, 2020, to allow for the development of a new intake management process.","operativeDate":"2020-01-01","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Family","policyTool":"Other","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2020/2020-01-11/html/notice-avis-eng.html","preciseCitation":"Canada Gazette. Temporary Freeze on the Parents and Grandparents Program (PGP). Effective 2020-01-01.; Canada Gazette, Part I, Volume 154, Number 2: Ministerial Instructions with respect to the processing of applications for a permanent resident visa made by parents or grandparents of a sponsor as members of the family class and the processing of sponsorship applications made in relation to those applications.","evidencePassage":"Immigration and Refugee Protection Act (Act). These Instructions are given, pursuant to section 87.3 and subsections 92(1.1) and (2) of the Act, by the Minister of Citizenship and Immigration as, in the opinion of the Minister, these Instructions will best support the attainment of the immigration goals established by the Government of Canada. These temporary Instructions are intended to ensure that as of January 1, 2020, no permanent resident visa applications made by parents or grandparents of a sponsor and no sponsorship applications made in relation to those applications are accepted for processing until further Instructions are issued. These Instructions will allow the Department sufficient time to complete the development of a new application intake management process for the parents and grandparents sponsorship program, to be implemented in 2020. The Minister intends to issue further Instructions relating to the intake management process for the parents and grandparents program by April 1, 2020, at the latest. Until the new intake management process is implemented, the Department will not accept any new applications. This will ensure that all interested sponsors have the same opportunity … parents or grandparents under the family class are accepted for processing until further Instructions are issued. Humanitarian and compassionate requests A request made under subsection 25(1) of the Act from outside Canada and that accompanies an application that was not accepted for processing under these Instructions will not be processed. Disposition of applications Any sponsorship application or related application for a permanent resident visa made by a sponsor’s parents or grandparents under the family class that is not accepted for processing under these Instructions will be returned. Coming into effect These Instructions take effect on January 1, 2020. Ottawa, December 20, 2019 Marco Mendicino, P.C., M.P. Minister of Citizenship and Immigration DEPARTMENT OF HEALTH CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Proposed guideline for Canadian drinking water quality for boron Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of a proposed guideline for Canadian drinking water quality for boron. The proposed technical document for this guideline is available for public comment from January 10, 2020, to March","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-d350a176c9432ee8ba73","countryCode":"CA","country":"Canada","title":"Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area (GTA)","policyEffect":"Implementation of a temporary public policy allowing up to 500 out-of-status construction workers in the Greater Toronto Area to apply for permanent residence.","operativeDate":"2020-01-02","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Implementation of a temporary public policy allowing up to 500 out-of-status construction workers in the Greater Toronto Area to apply for permanent residence.","policyCategory":"Regularization","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/permanent-residence-construction-workers-gta.html","preciseCitation":"canada.ca. Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area (GTA).; IRCC Public Policy Notice, \"ARCHIVED - Temporary public policy for out-of-status construction workers in the Greater Toronto Area\".; Immigration, Refugees and Citizenship Canada, \"Temporary public policy for out-of-status construction workers in the Greater Toronto Area (GTA)\", IRCC Corporate Instructions.","evidencePassage":"**Note:** This public policy has expired. ## Background The *Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area (GTA)* recognizes the economic contribution of long-term resident construction workers and seeks to regularize individuals who have been contributing to the Canadian economy by filling a regional labour market need. At the same time, this public policy addresses the vulnerable position of these workers due to their lack of immigration status. This temporary public policy will facilitate access to permanent resident status for 500 construction … permanent residents addresses the vulnerability of this undocumented population and allows them to continue to contribute to the sector with legal status. Many undocumented construction workers may be unaware of their employment rights or are hesitant to exercise them. These workers may not benefit from workplace regulations, such as health and safety inspections. As such, I hereby establish that, pursuant to my authority under section 25.2 of the *Immigration and Refugee Protection Act* (the Act), that there are public policy considerations that justify the granting of permanent residence to foreign … (100 principal applicants); - Have continuously resided in Canada for at least five years on the date of their application; - Are currently working without authorization in the construction industry in the Greater Toronto Area (GTA) and have accumulated, and be able to provide evidence of, three years full-time work experience within the past five years in construction in the GTA in the occupations referenced in Annex A. - Provide evidence of language ability at Canadian Language Benchmark speaking 4, listening 4, reading 4 and writing 4; - Have family (mother, father, brother, sister, grandmother … not a consideration) - Prioritization of applicants with a spouse or common-law partner in Canada (status of the spouse or common-law partner is not a consideration) **Fees:** Any applicable fees, including fees for processing an application for permanent residence under subsection 25.2(1) of the Act must be paid and applicable Right of Permanent Residence Fee, must be paid. **Greater Toronto Area (GTA) as defined by Statistics Canada – Toronto Economic Region:** City of Toronto, Durham Region, Halton Region, Peel Region, York Region. **Start and End Date:** This public policy takes effect on January 2, 2020, and will end on January 1, 2022 or once 500 principal applicants (plus their family members) have been granted permanent residence, whichever comes first. Any applications received prior to January 2, 2022, will be processed under the public policy if the cap of 500 principal applicants has not been reached. Ahmed Hussen Minister of Immigration, Refugees and Citizenship Dated at Ottawa, July 4th, 2019 ## Annex A – Construction Industry Occupations Included in the *Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area* (GTA) - Major Group 72 industrial","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-01b22865ad673280bc0a","countryCode":"CA","country":"Canada","title":"COVID-19 Border Restrictions and Essential Exemptions","policyEffect":"Canada implemented strict border closures to non-essential travel while carving out specific exemptions for essential workers, international students with permits approved by March 18, 2020, and immediate family members of citizens or permanent residents.","operativeDate":"2020-03-18","year":2020,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Residence, student, skilled work, family","policyTool":"Enforcement","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2020/2020-04-24-x2/html/sor-dors91-eng.html","preciseCitation":"gazette.gc.ca. COVID-19 Border Restrictions and Essential Exemptions. Effective 2020-03-18.","evidencePassage":"annexed Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada). Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada) Definition of immediate family member 1 In this Order, immediate family member, in respect of a person means (a) the spouse or common-law partner of the person; (b) a dependent child of the person or of the person’s spouse or common-law partner; or (c) a dependent child of a dependent child referred to in paragraph (b). Prohibition 2 Any foreign national, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, is prohibited from entering Canada if they arrive by means of an aircraft from a foreign country. Non-application 3 Section 2 does not apply to (a) a person who has been only in the United States or Canada during the period of 14 days before the day on which they arrived in Canada; (b) an immediate family member of a Canadian citizen or of a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act; (c) a person registered as an Indian under the Indian Act; (d) a person who is authorized, … in writing, by a consular officer of the Government of Canada to enter Canada for the purpose of reuniting immediate family members; (e) a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations; (f) a person who is exempt from the requirement to obtain a temporary resident visa under paragraph 190(2)(a) of the Immigration and Refugee Protection Regulations and the immediate family members of that person; (g) a person who enters Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 coronavirus disease response; (h) a person … according to the flight plan is before 11:59 p.m. Eastern Daylight Time on March 18, 2020. Powers and obligations 4 For greater certainty, this Order does not affect any of the powers and obligations set out in the Quarantine Act. Effective period 5 This Order has effect for the period beginning at noon Eastern Daylight Time on March 18, 2020 and ending at noon Eastern Daylight Time on June 30, 2020. EXPLANATORY NOTE (This note is not part of the Order.) Proposal This Order in Council, entitled Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-9b3c76d4797d9957dbc6","countryCode":"CA","country":"Canada","title":"Pandemic Protections for International Students and PGWP","policyEffect":"Introduction of measures ensuring international students remain eligible for a Post-Graduation Work Permit (PGWP) if forced to study online or take breaks due to the pandemic.","operativeDate":"2020-03-20","year":2020,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Introduction of measures ensuring international students remain eligible for a Post-Graduation Work Permit (PGWP) if forced to study online or take breaks due to the pandemic.","policyCategory":"Student, graduate","policyTool":"Eligibility","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/07/measures-to-support-international-students-during-the-covid-19-pandemic.html","preciseCitation":"Immigration, Refugees and Citizenship Canada. Pandemic Protections for International Students and PGWP. Effective 2020-03-20.","evidencePassage":"essential and they have a credible plan to quarantine for 14 days. - Students in Canada who were forced to study online, reduce their studies to part-time, or take a break from their studies completely, as a result of restrictions on classroom learning due to the COVID-19 pandemic, are allowed to continue working on- or off-campus if their study permit allows it. - Students already in Canada were assured that they wouldn’t lose their eligibility for a post-graduation work permit if they were forced to complete more than 50% of their program online, reduce their studies to part-time or take a break from","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b0db87ff5f793d468707","countryCode":"CA","country":"Canada","title":"Parents and Grandparents Program 2020 Deferral","policyEffect":"The 2020 Parents and Grandparents Program intake was delayed to refocus departmental resources on COVID-19 priorities.","operativeDate":"2020-03-27","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Family","policyTool":"Other","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/parents-grandparents-covid-update.html","preciseCitation":"canada.ca. Parents and Grandparents Program 2020 Deferral. Effective 2020-03-27.","evidencePassage":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices.html) # Update on 2020 Parents and Grandparents Program **Ottawa, March 27, 2020—**Due to the current focus on responding to the COVID-19 pandemic, Immigration, Refugees and Citizenship Canada (IRCC) will delay the opening of the 2020 Parents and Grandparents (PGP) Program to accepting new applications. The launch of the annual call for expressions of interest to apply was anticipated in the coming weeks. Given the present circumstances, however, we are prioritizing our efforts to contribute to the whole-of-government response to the pandemic. It is important to note that the temporary deferral of the launch of the 2020 call for applications is not expected to impact when parents and grandparents will arrive in our country, and that processing of these applications continues. The Government of Canada remains strongly committed to family reunification, and IRCC is committed to opening the program as soon as possible. Details on the opening of the PGP Program will be posted [online](https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/sponsor-parents-grandparents.html","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-fbf93a34267bc1389984","countryCode":"CA","country":"Canada","title":"Mandatory Electronic Application Submission and Visitor Processing Suspension","policyEffect":"New Ministerial Instructions required all temporary resident applications submitted from outside Canada to be filed electronically, while concurrently suspending processing for non-essential visitor visa applications.","operativeDate":"2020-04-09","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: New Ministerial Instructions required all temporary resident applications submitted from outside Canada to be filed electronically, while concurrently suspending processing for non-essential visitor visa applications.","policyCategory":"Student, skilled work","policyTool":"Processing time","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2020/2020-04-25/html/notice-avis-eng.html","preciseCitation":"Canada Gazette. Mandatory Electronic Application Submission and Visitor Processing Suspension. Effective 2020-04-09.","evidencePassage":"in respect of which a final decision has not been made, and to certain new applications received by Immigration, Refugees and Citizenship Canada on or after the coming into force of these Instructions. Any categories for which Instructions are not specifically issued shall continue to be processed. Applications submitted from outside Canada to be submitted by electronic means — Temporary residence All applications for a temporary resident visa (including a transit visa), a work permit, or a study permit submitted by persons who are outside Canada at the time of application must be submitted using electronic means (apply online). Temporary suspension on processing of certain applications for temporary resident visas and electronic travel authorizations for visitors Applications for temporary resident visas for visitors that were received before the coming into force of these Instructions and in respect of which a final decision has not been made, and those that are received on or after the coming into force of the Instructions, will not be processed while these Instructions are in effect, unless they pertain to foreign nationals who are not prohibited from entering Canada or from boarding … Disposition Applications received prior to the coming into force of the Instructions, and in respect of which a final decision has not been made, and those that are received on or after the coming into force, will be retained and processing fees shall not be returned, as Instructions are temporary in nature. Effective period These Instructions have effect during the period beginning on the date they are signed and ending 21 days after that date. Ottawa, April 9, 2020 Marco E. L. Mendicino, P.C., M.P. Minister of Citizenship and Immigration DEPARTMENT OF TRANSPORT CANADA SHIPPING ACT, 2001 Interim Order","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-509ee14c955ac55ca91e","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (Emergencies Act and Quarantine Act)","policyEffect":"Amends the IRPR to impose new requirements on foreign nationals and employers of temporary foreign workers to comply with the Emergencies Act and Quarantine Act, authorizing inadmissibility and removal orders for non-compliance.","operativeDate":"2020-04-20","year":2020,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Removal or readmission","policyTool":"Enforcement","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2020/2020-04-24-x2/html/sor-dors91-eng.html","preciseCitation":"gazette.gc.ca. Regulations Amending the Immigration and Refugee Protection Regulations (Emergencies Act and Quarantine Act).; Canada Gazette, Part II, Volume 154, Extra Number 2, SOR/2020-91.; Department of Citizenship and Immigration, \"Regulations Amending the Immigration and Refugee Protection Regulations (Emergencies Act and Quarantine Act)\", Canada Gazette, Part II, Volume 154, Number 9, SOR/2020-91.","evidencePassage":"15 These Regulations come into force on the day on which they are registered.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-2822d6bba8e13865217e","countryCode":"CA","country":"Canada","title":"Alignment and Factors for Immigration Performance Guarantees and Deposits","policyEffect":"Established codified statutory criteria and factors that officers and the Immigration Division must evaluate when determining whether a person posting a financial guarantee for an individual subject to an admissibility hearing or detention has the capacity to ensure compliance.","operativeDate":"2020-04-22","year":2020,"affectedGroup":"Guarantors / detained or inadmissibility-hearing foreign nationals","materialConditionsAndExceptions":"Validated condition or limit: Established codified statutory criteria and factors that officers and the Immigration Division must evaluate when determining whether a person posting a financial guarantee for an individual subject to an admissibility hearing or detention has the capacity to ensure compliance.","policyCategory":"Detention / border / administrative compliance","policyTool":"Not stated","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2020/2020-05-13/html/sor-dors92-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 154, Number 10: Regulations Amending the Immigration and Refugee Protection Regulations, SOR/2020-92.","evidencePassage":"Regulations footnote 1 is replaced by the following: Application 46 Sections 47 to 49 apply to deposits and guarantees required under subsections 44(3), 56(1), 58(3) and 58.1(3) of the Act and section 45 of these Regulations. 2 Section 47 of the Regulations is amended by adding the following after subsection (3): Factors to consider (4) An officer, the Immigration Division or the Minister must consider the following factors in assessing whether the person who posts a guarantee has the ability to ensure that the person or group of persons in respect of whom the guarantee is required will comply … with the conditions imposed: (a) their relationship to the person or group of persons in respect of whom the guarantee is required; (b) their financial situation; (c) any previous history posting a guarantee; (d) their criminal record; and (e) any other relevant factor in determining their ability to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed. Coming into Force 3 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations … depends on the circumstance in which deposits or guarantees are being used and is specified in the IRPA. Deposits and guarantees can be applied by a decision maker under the following circumstances: persons seeking entry into Canada; persons subject to an inadmissibility report, an admissibility hearing or a removal order; and/or persons released from immigration detention. Among the conditions that are imposed on a person or persons in respect of whom a guarantee is required, certain conditions are mandatory in all cases. For example, persons are to provide the address of the person posting","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-079ae8c5448d95c3a80a","countryCode":"CA","country":"Canada","title":"Temporary Removal of Off-Campus Work Limit for International Students in Essential Services","policyEffect":"Temporarily lifted the 20-hour-per-week work limit for international students working in essential services and functions (including health care, food supply, and critical infrastructure) during the COVID-19 pandemic.","operativeDate":"2020-04-22","year":2020,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Temporarily lifted the 20-hour-per-week work limit for international students working in essential services and functions (including health care, food supply, and critical infrastructure) during the COVID-19 pandemic.","policyCategory":"Student / labour access","policyTool":"Not stated","sourceName":"Government of Canada / IRCC","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/04/removing-barriers-for-international-students-working-in-essential-services-to-fight-covid-19.html","preciseCitation":"Immigration, Refugees and Citizenship Canada, \"Removing barriers for international students working in essential services to fight COVID-19\", IRCC Newsroom.","evidencePassage":"--- title: \"Removing barriers for international students working in essential services to fight COVID-19 - Canada.ca\" meta: author: \"Immigration, Refugees and Citizenship Canada\" description: \"To help battle the COVID-19 outbreak, starting immediately, the government will remove the restriction that allows international students to work a maximum of 20 hours per week while classes are in session, provided they are working in an essential service or function, such as health care, critical infrastructure, or the supply of food or other critical goods.\" keywords: \"GV Government and Politics,Immigration … ca/en/immigration-refugees-citizenship.html) ## News release To help battle the COVID-19 outbreak, starting immediately, the government will remove the restriction that allows international students to work a maximum of 20 hours per week while classes are in session, provided they are working in an essential service or function, such as health care, critical infrastructure, or the supply of food or other critical goods. ### **Temporary rule change aimed at helping health-care facilities, other workplaces under pressure** **April 22, 2020**—**Ottawa**—To help battle the COVID-19 outbreak, starting immediately, the government will remove the restriction that allows international students to work a maximum of 20 hours per week while classes are in session, provided they are working in an essential service or function, such as health care, critical infrastructure, or the supply of food or other critical goods. During the COVID-19 outbreak, workers in certain roles and industries have been under considerable pressure, and the government recognizes that international students who are already present in Canada will help meet the challenges of the pandemic. For instance, thousands of international","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-fd863f47a91516af50cb","countryCode":"CA","country":"Canada","title":"Suspension of Non-Essential Visitor Visa Processing and Biometrics Extension","policyEffect":"IRCC suspended processing for non-essential visitor visa and eTA applications to prioritize critical services. Additionally, the deadline for biometrics submission was extended from 30 to 90 days due to widespread facility closures.","operativeDate":"2020-04-29","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Processing time","policyTool":"Processing time","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/trv-processing-covid.html","preciseCitation":"Canada.ca. Suspension of Non-Essential Visitor Visa Processing and Biometrics Extension. Effective 2020-04-29.","evidencePassage":"most foreign nationals are prevented from entering Canada, with some exemptions. With these restrictions, Canada is [suspending processing](https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/apply-visit-work-student.html) of non-essential visitor visa applications. This allows Immigration, Refugees and Citizenship Canada (IRCC) to focus resources on critical services. This suspension also applies to some electronic travel authorization (eTA) applications. Processing of visa and eTA applications for those [who are allowed to come to Canada](https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html) will continue. This includes all temporary foreign worker applications, with a particular focus on essential services, such as those in medical fields and food supply chains. The processing of study permits for students will continue in anticipation of the fall study term. IRCC will continue to process applications to the extent possible. Study permit applications require biometrics, and many visa application centres that normally provide this service are closed. As a special measure, due to COVID-19, applicants are now being given 90 days instead of the standard 30 days to give biometrics. It should be noted that only students who have a valid study permit or were approved for a study permit on or before March 18, 2020, can currently travel to Canada. Workers, students and visitors (who qualify for an exemption to travel restrictions) must apply online. Permanent residence applications continue to be processed. Only permanent residents who received approval on or before March 18, 2020, can currently travel to Canada. IRCC will continue to provide updates on any further changes,","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-864bc5b542c08bc5176c","countryCode":"CA","country":"Canada","title":"Permanent Residence Application Fee Increases","policyEffect":"IRCC implemented a significant increase to permanent residence application fees, raising processing fees for non-business and business economic classes by 50% and the Right of Permanent Residence Fee (RPRF) by 2%. The regulation also established a new biennial mechanism for automatic fee adjustments based on inflation.","operativeDate":"2020-04-30","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: IRCC implemented a significant increase to permanent residence application fees, raising processing fees for non-business and business economic classes by 50% and the Right of Permanent Residence Fee (RPRF) by 2%.; The regulation also established a new biennial mechanism for automatic fee adjustments based on inflation.","policyCategory":"Residence, investor business","policyTool":"Fees","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2020/2020-04-01/html/sor-dors45-eng.html","preciseCitation":"Canada Gazette. Permanent Residence Application Fee Increases. Effective 2020-04-30.; Canada Gazette, Part II, Volume 154, Number 7: Regulations Amending the Immigration and Refugee Protection Regulations (Amendment of Certain Fees), SOR/2020-45.","evidencePassage":"permanent resident cards, permanent resident travel documents and certification or replacement immigration documents will not increase. Description The Regulations are amended such that Starting in 2020-21, permanent resident processing fees for Economic class applicants increase as follows: Fees for principal applicants of the Economic business class (including self-employed, start-up visa, Quebec investor, Quebec entrepreneur, and Quebec self-employed) will increase from $1,050 to $1,575 (an increase of 50%). Fees for principal applicants of the Economic non-business class will go from $550 to $825 (an increase of 50%). Note: this increase will not apply to fees for principal applicants and their families in the Caregivers programs, which will remain unchanged. Fees for spouses or common-law partners of all Economic classes will go from $550 to $825 (an increase of 50%). Fees for dependent children of all Economic classes will go from $150 to $225 (an increase of 50%). The right of permanent resident fee will increase from $490 to $500 (an increase of 2%). Starting in 2022-2023, on the day of the two-year anniversary of the coming into force of these Regulations and every two years thereafter … to $340 and then increased by the applicable CPI rounded to the nearest $5 multiplier every two years thereafter. Starting in 2022-2023, the fee to sponsor a member of the family class will be increased to $80 and then increased by the applicable CPI rounded to the nearest $5 multiplier every two years thereafter. Starting in 2022-2023, the Right of Permanent Residence Fee (a privilege fee) will be increased to approximately $520, and then increased by the applicable CPI rounded to the nearest $5 multiplier every two years thereafter. The Regulations will come into force on April 30, 2020, at … permanent residence fees and will monitor the fee increases closely to assess the extent to which uneven impacts may be expected to be experienced by applicants who tend to have less ability to pay the fees. Implementation, compliance and enforcement, and service standards The Regulations come into force on April 30, 2020, at 09:00 am eastern daylight time (EDT). Completed applications received before 09:00 am EDT on April 30, 2020, will be processed in accordance with the fee schedule in place prior to April 30, 2020. Applications received on or after 09:00 am EDT on April 30, 2020, will be processed","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp3-a459cbcfe1b323058285","countryCode":"CA","country":"Canada","title":"Temporary Foreign Worker Expedited Work Permit and Job Change Public Policy","policyEffect":"Allowed temporary foreign workers in Canada who held a valid work permit or authorization to quickly transition to a new employer before their official work permit application was finalized, providing interim work authorization.","operativeDate":"2020-05-06","year":2020,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Allowed temporary foreign workers in Canada who held a valid work permit or authorization to quickly transition to a new employer before their official work permit application was finalized, providing interim work authorization.","policyCategory":"Labour mobility / foreign workers","policyTool":"Not stated","sourceName":"Government of Canada / IRCC","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/tfw-interim-work-authorization.html","preciseCitation":"Immigration, Refugees and Citizenship Canada, \"Temporary public policy to allow foreign workers to work while their application for an employer-specific work permit is being processed\", Canada.ca.","evidencePassage":"rtages resulting from a reduction of temporary workers coming to Canada and the unavailability of Canadians and permanent residents puts Canada’s food security at risk. While the Government of Canada recognizes that Canadians must be first in line for available jobs, steps could be taken to enable temporary foreign workers already in Canada to continue to work and to fill critical shortages faster. Therefore, the objectives of this public policy are twofold: First, to allow temporary foreign workers already in Canada who are changing jobs or employers, and who have secured a job offer under th … e terms of either the Temporary Foreign Worker Program or International Mobility Program, to more quickly begin work in advance of a final decision on the work permit application; and second, to allow for the finalization of the aforementioned work permit application so as to better ensure workers are protected under relevant employer compliance regulations. Therefore, I hereby establish that, pursuant to my authority under section 25.2 of the *Immigration and Refugee Protection Act* (the Act), there are sufficient public policy considerations that justify the granting of exemptions from the r … equirements of the Act and the *Immigration and Refugee Protection Regulations* (the Regulations) listed below to foreign nationals who meet the conditions (eligibility requirements) set out below. Accordingly, measures are set out below to enable foreign workers, in Canada with valid work authorization, who are required to obtain a new work permit before commencing a new job, to begin working in a new job while their work permit application is pending. The measures include an exemption from the requirement found at paragraph 12.1(h) of the *Immigration and Refugee Protection Regulations* to p … application or the application is withdrawn:** - Paragraph 12.1(h) - the requirement to provide biometric information in support of an application for a work permit or renewal of a work permit, if the foreign national lives in an area where the Service Canada office serving that area is not collecting biometrics due to the COVID-19 pandemic. - Paragraph 183(1)(b) - the condition to not work unless authorized by Part 9 or 11 of the Regulations. - Subparagraph 185(1)(b)(i) to (iv) - the obligation to comply with conditions imposed regarding the type of work, the employer and times and periods of … rovide biometrics in support of the work permit application where the Service Canada office serving the area where the applicant lives is temporarily closed and is not collecting biometrics due to the pandemic. Individuals expected to benefit from these measures include foreign nationals who: 1. are on “implied status,” meaning they are authorized to work while their work permit application is pending, but who are bound to the conditions imposed on their expired work permit such that they cannot move to a new occupation or employer while on implied status; 2. continue to hold a valid work perm … it that limits them to working for a named employer, but need to transition to a different occupation or employer for reasons that may include having been laid-off due to COVID-19 impacts; or 3. are work-permit exempt, but require a work permit to work in a new occupation or for a new employer. ## Conditions (eligibility requirements): Based on public policy considerations, delegated officers may grant an exemption, until a decision is made on the work permit application described below or the application is withdrawn, from the requirements of the Act and the Regulations identified below if th … e foreign national: 1. is in Canada with valid temporary resident status; 2. meets the requirements of paragraphs 199(a) or 199(b) of the *Immigration and Refugee Protection Regulations*; 3. has submitted a work permit renewal application under subsection 201(1) of the *Immigration and Refugee Protection Regulations* to perform work described in subparagraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of those regulations, for which a decision has not yet been made, or has submitted a new work permit application to perform work described in paragraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of the *Immigrati … work a temporary resident is permitted to engage in, or prohibited from engaging in, in Canada. - Section 196 - the requirement to be authorized to work in Canada by a work permit or the Regulations. ### Other Admissibility and Selection Criteria Foreign nationals eligible under this public policy are subject to all other legislative obligations and admissibility and selection requirements not exempted under this public policy. ## Effective date and expiration This public policy takes effect on May 6, 2020. This public policy is in effect until it is revoked by the Minister of Immigration, Re … fugees and Citizenship Canada. Marco E. L. Mendicino, P.C., M.P. Minister of Immigration, Refugees and Citizenship Dated at Ottawa, this 6th day of May 2020 ## Page details 2021-01-12 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html) - [Check your application status](https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-status.html) ### Government of Canada - [All contacts](https:/","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-aa98df9b5d202c351e76","countryCode":"CA","country":"Canada","title":"Implementation of the Agri-Food Immigration Class (Agri-Food Pilot)","policyEffect":"Commenced intake under the Agri-Food Immigration Pilot, an economic permanent residence pathway authorized via Ministerial Instructions under IRPA s. 14.1 for experienced non-seasonal temporary foreign workers in specific agricultural and meat-processing occupations with eligible Canadian job offers.","operativeDate":"2020-05-15","year":2020,"affectedGroup":"Agricultural, meat processing, and livestock foreign workers","materialConditionsAndExceptions":"Validated condition or limit: 14.1 for experienced non-seasonal temporary foreign workers in specific agricultural and meat-processing occupations with eligible Canadian job offers.","policyCategory":"Labor migration / economic permanent residence","policyTool":"Targeted economic stream / pilot pathway","sourceName":"Department of Citizenship and Immigration / Government of Canada","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2020/2020-04-11/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Volume 154, Number 15 (April 11, 2020), \"Ministerial Instructions Amending the Ministerial Instructions Respecting the Agri-food Immigration Class\".; Department of Citizenship and Immigration, \"Ministerial Instructions Respecting the Agri-Food Immigration Class\", Canada Gazette, Part I, Volume 154.","evidencePassage":"Canada Gazette Publications Part I: Vol. 154 (2020) April 11, 2020 Canada Gazette, Part I, Volume 154, Number 15: GOVERNMENT NOTICES April 11, 2020 DEPARTMENT OF CITIZENSHIP AND IMMIGRATION IMMIGRATION AND REFUGEE PROTECTION ACT Ministerial Instructions Amending the Ministerial Instructions Respecting the Agri-food Immigration Class The Minister of Citizenship and Immigration, pursuant to section 14.1 footnote a of the Immigration and Refugee Protection Act footnote b, gives the annexed Ministerial Instructions Amending the Ministerial Instructions Respecting the Agri-food Immigration Class. Ottawa, March 29, 2020 Marco E. L. Mendicino Minister of Citizenship and Immigration Ministerial Instructions Amending the Ministerial Instructions Respecting the Agri-food Immigration Class Amendment 1 Section 5 of the Ministerial Instructions Respecting the Agri-food Immigration Class footnote 1 is replaced by the following: Effective period 5 These Instructions have effect during the period beginning on May 15, 2020 and ending on May 14, 2023. Taking effect 2 These Instructions take effect on the day on which they are given. DEPARTMENT OF HEALTH FOOD AND DRUGS ACT Interim Order Respecting Drugs … in Canada](https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada.html) # Closed: Agri-Food Pilot The Agri-Food Pilot tested a new approach to help address the labour needs of the Canadian agriculture and agri-food sector. The pilot let experienced, non-seasonal workers in specific industries and specific occupations immigrate permanently to Canada. **We’re no longer accepting new applications** The Agri-Food Pilot ended on May 14, 2025. We’ll continue to process applications we accepted before this date. ## Sections [Who can apply](https://www.canada.ca/en/immigration","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-2dfe86e74121eb93422e","countryCode":"CA","country":"Canada","title":"Temporary Biometrics Exemption for Essential Sectors","policyEffect":"Foreign workers in essential sectors, including agriculture, agri-food, health-care, and truck driving, were granted a temporary exemption from pre-arrival biometrics requirements if local collection sites were closed. Authorized workers could instead provide biometrics upon arrival at Canadian ports of entry.","operativeDate":"2020-06-05","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Skilled work","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/public-policy-biometrics-exemption.html","preciseCitation":"canada.ca. Temporary Biometrics Exemption for Essential Sectors. Effective 2020-06-05.","evidencePassage":"//www.canada.ca/en/immigration-refugees-citizenship/news.html) 4. [Notices](https://www.canada.ca/en/immigration-refugees-citizenship/news/notices.html) # Temporary public policy exempting essential workers from giving biometrics overseas **Ottawa, June 5, 2020** – Temporary foreign workers are playing a key role in helping to safeguard the continuity of Canada’s food supply and health security as well as trade and commerce. Due to the ongoing service disruptions related to COVID-19, Immigration, Refugees and Citizenship Canada has put in place a public policy to temporarily exempt foreign workers in certain sectors, namely the agriculture, agri-food and health-care sectors, from having to give their biometrics before coming to Canada if the biometrics collection site closest to them is closed. Most of the workers in essential occupations who are coming to Canada have already given their biometrics, as they have previously worked in Canada. Some exempt workers, such as seasonal agricultural workers, will now be giving their biometrics on arrival at Canadian ports of entry (POEs). We continue to perform security checks to ensure the safety and security of all Canadians. ## Who is covered under the public policy You are covered under this public policy if you are a worker whose National Occupational Classification (NOC) falls under one of the following: - agricultural and agri-food sectors - health-care sector - truck drivers ## What to do before you travel to Canada Before you travel to Canada, you must have a plan to quarantine. Your plan must include a place to stay where you will not have contact with vulnerable individuals for 14 days when you arrive in Canada. This is mandatory, and there will be [serious consequences for anyone who doesn’t follow their quarantine plan](https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html#quarantine). Employers who are responsible for housing their workers, for example, some agricultural employers, are required to provide adequate accommodations that allow workers to quarantine. [Find out what happens if you are travelling to Canada by air](https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors-foreign-workers-students.html#restrictions-workers). ## What happens when you arrive in Canada You may be asked to give … your biometrics at a POE in Canada. You will also be assessed to ensure that you are coming for an essential purpose—for example, you have a letter of introduction for a work permit, **and** you have a valid job offer and can work once you enter Canada and complete your 14 day quarantine period. Your health and quarantine plan will be assessed before you leave the POE. ## New extension if you are not covered under the public policy, your application is in progress and you still can’t give your biometrics If the visa application centres (VACs) or other biometrics collection sites in your country","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-0b902146fbba9638c761","countryCode":"CA","country":"Canada","title":"Border Reopening and Entry Exemption for Immediate Family Members","policyEffect":"The Government of Canada announced an exemption to the COVID-19 discretionary entry ban for immediate family members of Canadian citizens and permanent residents, provided they are asymptomatic and possess a 14-day quarantine plan.","operativeDate":"2020-06-08","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Family","policyTool":"Eligibility","sourceName":"Canada Border Services Agency (CBSA) / IRCC Newsroom","sourceUrl":"https://www.canada.ca/en/border-services-agency/news/2020/06/changes-to-travel-restrictions-for-immediate-family-members-of-canadian-citizens-and-permanent-residents.html","preciseCitation":"Canada Border Services Agency (CBSA) / IRCC Newsroom. Border Reopening and Entry Exemption for Immediate Family Members. Effective 2020-06-08.","evidencePassage":"Services Agency The Government of Canada remains committed to protecting the health and safety of Canadians and reducing the spread of COVID-19 in Canada. The Government recognizes however that the temporary border measures put in place to fight the spread of COVID-19, while necessary, have created challenges for some families. The Government has therefore been looking at ways to keep families together and support unity while respecting the need for continued vigilance and border measures at this time. The Canada Border Services Agency is announcing that as of June 8, 2020 23:59 EDT, foreign nationals who are immediate family members of Canadian citizens and permanent residents, and who do not have COVID-19 or exhibit any signs or symptoms of COVID-19, or who do not have reason to believe they have COVID-19, will be exempt from the prohibition on entry to Canada if entering to be with an immediate family member for a period of at least 15 days. Foreign nationals who are admitted into Canadapursuant to this exemption** must** [quarantine](https://www.canada.ca/en/public-health/services/publications/diseases-conditions/2019-novel-coronavirus-information-sheet.html) for 14 days. An immediate family member refers to a person’s: a) spouse or common-law partner; b) dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, or a dependent child of the person’s spouse or common-law partner; c) dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, of a dependent child referred to in paragraph (b): d) parent or step-parent or the parent or step-parent of the person’s spouse or common-law partner; e) guardian or tutor. All foreign nationals who have COVID-19 or exhibit any signs or symptoms of COVID-19","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp-292ea707729703c4e3fc","countryCode":"CA","country":"Canada","title":"Ministerial Instructions on Temporary Resident Processing Restrictions","policyEffect":"Canada suspended processing for non-exempt visitor visa applications and mandated online-only submission for all out-of-country temporary resident applications due to reduced processing capacity.","operativeDate":"2020-06-10","year":2020,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Canada suspended processing for non-exempt visitor visa applications and mandated online-only submission for all out-of-country temporary resident applications due to reduced processing capacity.","policyCategory":"Student, skilled work, intra company, graduate, family","policyTool":"Enforcement","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2020/2020-06-20/html/notice-avis-eng.html","preciseCitation":"Canada Gazette. Ministerial Instructions on Temporary Resident Processing Restrictions. Effective 2020-06-20.; Canada Gazette, Part I, Volume 154, Number 25: Ministerial Instructions with respect to the processing of certain new and existing applications for temporary residence to further support Government-wide measures to limit the spread of COVID-19 (Coronavirus).","evidencePassage":"or after the coming into force of these Instructions. Any categories for which Instructions are not specifically issued shall continue to be processed. Applications submitted from outside Canada to be submitted by electronic means — Temporary residence All applications for a temporary resident visa (including a transit visa), a work permit, or a study permit submitted by foreign nationals who are outside Canada at the time of application must be submitted using electronic means (apply online). A foreign national who, because of a disability, is unable to meet a requirement to make an applicati … on, submit any document or provide a signature or information using electronic means, may do so by any other means that is made available or specified by the Minister for that purpose. Temporary suspension on processing of certain applications for temporary resident visas and electronic travel authorizations for visitors Applications for temporary resident visas for visitors that were received before the coming into force of these Instructions and in respect of which a final decision has not been made, and those that are received on or after the coming into force of the Instructions, will not … be processed while these Instructions are in effect, unless they pertain to foreign nationals who are not prohibited from entering Canada or from boarding an aircraft for a flight to Canada, per the Emergency Orders under the Quarantine Act, and the Interim Order under the Aeronautics Act, referenced above. Any eTA applications that require processing by any means other than the electronic automated system will not be processed while these Instructions are in effect, unless they pertain to foreign nationals who are not prohibited from entering Canada or from boarding an aircraft for a flight t … o Canada, per the Emergency Orders under the Quarantine Act, and the Interim Order under the Aeronautics Act, referenced above. Retention/Disposition Applications received by Immigration, Refugees and Citizenship Canada on or after the coming into force of the Instructions that were not submitted by electronic means will not be accepted and processing fees will be returned, except in the case of foreign nationals who, for reason of disability, submit an application by any other means that is made available or specified by the Minister for that purpose. Applications received electronically but … otherwise subject to these Instructions that were received prior to the coming into force of the Instructions, and in respect of which a final decision has not been made, and those that are received on or after the coming into force, will be retained and processing fees shall not be returned, as these Instructions are temporary in nature. Effective period These Instructions take effect on June 10, 2020, and expire on June 30, 2020. Ottawa, June 9, 2020 Marco E. L. Mendicino, P.C., M.P. Minister of Citizenship and Immigration DEPARTMENT OF HEALTH CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Fina … he Aeronautics Act, please consult the webpage on the COVID-19 measures, updates, and guidance issued by Transport Canada. This information is also published in the Canada Gazette. Scope These Instructions apply to certain applications for temporary resident visas, work permits, study permits, and electronic travel authorizations (eTAs) received by Immigration, Refugees and Citizenship Canada before the coming into force of these Instructions, and in respect of which a final decision has not been made, and to certain new applications received by Immigration, Refugees and Citizenship Canada on","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b05548312dea0637d51b","countryCode":"CA","country":"Canada","title":"Mandatory Online Submission for Temporary Resident Applications","policyEffect":"Mandated that all applications for a temporary resident visa (including a transit visa), a work permit, or a study permit submitted by foreign nationals who are outside Canada at the time of application must be submitted using electronic means (apply online). Applications not submitted by electronic means will not be accepted and processing fees will be returned, except for foreign nationals who, because of a disability, are unable to meet a requirement to make an application, submit any document or provide a signature or information using electronic means, in which case they may do so by any other means made available or specified by the Minister. These instructions take effect on July 1, 2020, and expire on September 30, 2020.","operativeDate":"2020-07-01","year":2020,"affectedGroup":"Foreign nationals who are outside canada at the time of application for temporary resident visas, work permits, or study permits","materialConditionsAndExceptions":"Validated condition or limit: Mandated that all applications for a temporary resident visa (including a transit visa), a work permit, or a study permit submitted by foreign nationals who are outside Canada at the time of application must be submitted using electronic means (apply online).; Applications not submitted by electronic means will not be accepted and processing fees will be returned, except for foreign nationals who, because of a disability, are unable to meet a requirement to make an application, submit any document or provide a signature or information using electronic means, in which case they may do so by any other means made available or specified by the Minister.","policyCategory":"Temporary residence / administration / digital requirement","policyTool":"Not stated","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2020/2020-07-11/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Volume 154, Number 28: Ministerial Instructions with respect to the submission of online applications for temporary resident visas and other documents due to reduced processing capacity during the COVID-19 (Coronavirus) pandemic.","evidencePassage":"All applications for a temporary resident visa (including a transit visa), a work permit, or a study permit submitted by foreign nationals who are outside Canada at the time of application must be submitted using electronic means (apply online). … Applications received by Immigration, Refugees and Citizenship Canada on or after the coming into force of the Instructions that were not submitted by electronic means will not be accepted and processing fees will be returned, except in the case of foreign nationals who, for reason of disability, submit an application by any other means that is made available or specified by the Minister for that purpose. … These Instructions take effect on July 1, 2020, and expire on September 30, 2020.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-9dc5fb378a867a97abaa","countryCode":"CA","country":"Canada","title":"Biometrics Collection Exemption for In-Canada Temporary Residence","policyEffect":"IRCC exempted temporary residence applicants applying from within Canada from the requirement to provide biometrics due to Service Canada service limitations. This included a waiver and refund process for the associated biometric fee.","operativeDate":"2020-07-15","year":2020,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: IRCC exempted temporary residence applicants applying from within Canada from the requirement to provide biometrics due to Service Canada service limitations.; This included a waiver and refund process for the associated biometric fee.","policyCategory":"Student, skilled work","policyTool":"Fees","sourceName":"IRCC Notice","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/biometrics-exemption-temporary-residents.html","preciseCitation":"IRCC Notice. Biometrics Collection Exemption for In-Canada Temporary Residence. Effective 2020-07-15.; Immigration, Refugees and Citizenship Canada, \"Temporary public policy to exempt foreign nationals in Canada applying for temporary residence from the biometrics requirement\", Canada.ca.; IRCC, Public Policy: Temporary public policy exempting temporary residence applicants within Canada from the biometrics requirement, Canada.ca (July 15, 2020).","evidencePassage":"reopen its offices to the public, biometrics collection services will resume at a later date. Recognizing the impact this ongoing service disruption has on applicants in Canada, IRCC has put in place until further notice a public policy to exempt temporary residence applicants applying from within Canada from having to give their biometrics. This means we will be able to fully process and make decisions on applications. With the public policy in place, IRCC is now able to help many temporary residence applicants in Canada to move forward with their plans, for example, to study, work or extend their … restoration (extension) of temporary resident status - a temporary resident permit ## What to do if you’re in Canada and applying for temporary residence - **Do not pay the biometric fee** (CAN$85), **even if the system asks you to pay it** when you submit your application. Under this public policy, you’re currently exempt from the requirement to give your biometrics. - If you pay the **biometric fee** because you’ve been prompted to do so, and you receive a** biometric instruction letter**, you do **not** have to give your biometrics if you’re in Canada and applying for temporary residence. When … we finalize your application, we’ll send you a refund for the biometric fee. You do not need to do anything to initiate the refund. ## What do to if you’re in Canada, and you have a pending temporary residence application for which you’ve paid the biometric fee - Under this public policy, you’re exempt from the requirement to give your biometrics. - You do not need to do anything. We will process your application and send you a refund for the biometric fee (CAN$85). For the latest information on biometrics, please keep checking our [COVID-19 biometrics Web page](https://www.canada.ca/en/immigration","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-88626a456c219956896c","countryCode":"CA","country":"Canada","title":"Temporary Public Policy Allowing In-Land Visitors to Apply for Employer-Specific Work Permits","policyEffect":"Implemented a public policy allowing foreign nationals who held valid temporary resident status as visitors in Canada on August 24, 2020, to apply from inside Canada for an employer-specific work permit without leaving the country. It also allowed visitors who previously held a work permit in the preceding 12 months to request interim authorization to work while the permit was pending.","operativeDate":"2020-08-24","year":2020,"affectedGroup":"Visitors in canada with job offers","materialConditionsAndExceptions":"","policyCategory":"Temporary work and temporary residence","policyTool":"Temporary public policy (s. 25.2 irpa)","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/visitor-work-permits.html","preciseCitation":"IRCC, Temporary public policy to allow visitors in Canada to apply for a work permit, Canada.ca (August 24, 2020).","evidencePassage":"ca/en/immigration-refugees-citizenship.html) ## News release Visitors who are currently in Canada and have a valid job offer will be able to apply for an employer-specific work permit and, if approved, receive the permit without having to leave the country, thanks to a new public policy announced today by the Honourable Marco E.L. Mendicino, Minister of Immigration, Refugees and Citizenship. ### Revised August 25<br> ### Change intended to benefit employers who are still facing difficulties finding workers<br> **August 24, 2020—Ottawa—**Visitors who are currently in Canada and have a valid job … offer will be able to apply for an employer-specific work permit and, if approved, receive the permit without having to leave the country, thanks to a new public policy announced today by the Honourable Marco E.L. Mendicino, Minister of Immigration, Refugees and Citizenship. This temporary policy change takes effect immediately and will benefit employers in Canada who continue to face difficulties finding the workers they need, as well as temporary residents who would like to contribute their labour and skills to Canada’s recovery from the COVID-19 pandemic. During the pandemic, temporary residents … public policy must - have valid status in Canada as a visitor on the day they apply - have been in Canada on August 24, 2020 and remained in Canada - have a job offer - submit an application for an employer-specific work permit that is supported by a Labour Market Impact Assessment (LMIA) or an LMIA-exempt offer of employment, no later than March 31, 2021 - meet all other standard admissibility criteria This temporary public policy also provides the opportunity for applicants who meet these criteria and who had a valid work permit in the past 12 months to begin working for their new employer before … their skills where there are labour shortages. The measures introduced today will now allow visitors to apply for work permits without having to leave the country first. This exemption from the normal temporary work permit requirements is aimed at removing barriers to create a more agile workforce that leverages visitors with the skills and experience to accelerate our economic recovery.” > > —The Honourable Marco E.L. Mendicino, P.C., M.P., Minister of Immigration, Refugees and Citizenship ## Quick facts - Any type of visitor who meets the criteria is eligible to apply under this new public policy","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-783e1d994d399c33d25e","countryCode":"CA","country":"Canada","title":"Expansion of 100% Online Distance Learning Facilitation for PGWP Eligibility","policyEffect":"Enhanced PGWP flexibility by allowing international students whose designated learning institution moved programs online to complete up to 100% of their program online from abroad (if the program was between 8 and 12 months and started between May and September 2020) without reducing the length of their eventual Post-Graduation Work Permit, through April 30, 2021.","operativeDate":"2020-08-26","year":2020,"affectedGroup":"International students studying online from abroad","materialConditionsAndExceptions":"Validated condition or limit: Enhanced PGWP flexibility by allowing international students whose designated learning institution moved programs online to complete up to 100% of their program online from abroad (if the program was between 8 and 12 months and started between May and September 2020) without reducing the length of their eventual Post-Graduation Work Permit, through April 30, 2021.","policyCategory":"International students and post-graduation work","policyTool":"Operational policy / news release","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/08/additional-flexibility-for-post-graduation-work-permit-rules.html","preciseCitation":"IRCC, News Release: Additional flexibility for post-graduation work permit rules for international students, Canada.ca (August 26, 2020).","evidencePassage":"uncertainties with 3 new measures on post-graduation work permit eligibility for students beginning programs online. These changes are being implemented to provide more flexibility on eligibility rules for the Post-Graduation Work Permit Program for students who need or want to start their Canadian study program online from abroad. Three changes are being introduced: - Students may now study online from abroad until April 30, 2021, with no time deducted from the length of a future post-graduation work permit, provided 50% of their program of study is eventually completed in Canada. - Students who have enrolled in a program that is between 8 and 12 months in length, with a start date from May to September 2020, will be able to complete their entire program online from abroad and still be eligible for a post-graduation work permit. - Students who have enrolled in a program with a start date from May to September 2020 and study online up to April 30, 2021, and who graduate from more than one eligible program of study, may be able to combine the length of their programs of study when they apply for a post-graduation work permit in the future, as long as 50% of their total studies are completed … international students during the COVID-19 pandemic](https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/08/facilitative-measures-to-support-international-students-affected-by-the-covid-19-pandemic.html) ## Page details 2020-08-26 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html) - [Check your application status](https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-129415e8928346641ebb","countryCode":"CA","country":"Canada","title":"Express Entry Ministerial Instruction Amending ITA Application Submission Validity to 90 Days","policyEffect":"Formally codified the temporary extension of the validity period of an Invitation to Apply (ITA) under the Express Entry system from 60 days to 90 days, giving candidates 90 calendar days to prepare and submit an electronic Application for Permanent Residence (e-APR).","operativeDate":"2020-08-31","year":2020,"affectedGroup":"Express entry candidates invited to apply","materialConditionsAndExceptions":"","policyCategory":"Economic immigration / express entry","policyTool":"Ministerial instructions (s. 10.3 irpa)","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2020/2020-09-12/html/notice-avis-eng.html","preciseCitation":"IRCC, Ministerial Instruction Amending the Ministerial Instructions Respecting the Express Entry System, 2020-1, Canada Gazette Part I, Vol. 154, No. 37 (August 31, 2020).","evidencePassage":"System, 2020-1. Ottawa, August 31, 2020 Marco E. L. Mendicino Minister of Citizenship and Immigration Ministerial Instruction Amending the Ministerial Instructions Respecting the Express Entry System, 2020-1 Amendment 1 Section 6 of the Ministerial Instructions Respecting the Express Entry Systemfootnote 1 is replaced by the following: Validity period 6 An invitation is valid for the period of time beginning on the day after it is issued by the Minister and ending on the 90th day after that day, and any application for a permanent resident visa in response to that invitation must be made within that period. Taking Effect 2 This Instruction takes effect on the date on which it is given. DEPARTMENT OF THE ENVIRONMENT CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Ministerial Condition No. 20381 Ministerial condition (Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999) Whereas the Minister of the Environment and the Minister of Health (the ministers) have assessed information pertaining to the substance 1-propanaminium, 3-amino-N-(carboxymethyl)-N,N-dimethyl-, N-C8-18 acyl derivs., inner salts, Chemical Abstracts Service Registry No. 97862-59-4; And whereas the ministers","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-192d125fe131bd0d8ed3","countryCode":"CA","country":"Canada","title":"Biometrics Exemption for Permanent Residence Applicants Who Previously Submitted Biometrics Within 10 Years","policyEffect":"Enacted a public policy exempting foreign nationals applying for permanent residence from having to give biometrics if they had already submitted their biometrics in support of any Canadian immigration or visa application within the previous 10 years.","operativeDate":"2020-09-22","year":2020,"affectedGroup":"Permanent residence applicants who previously gave biometrics","materialConditionsAndExceptions":"Validated condition or limit: Enacted a public policy exempting foreign nationals applying for permanent residence from having to give biometrics if they had already submitted their biometrics in support of any Canadian immigration or visa application within the previous 10 years.","policyCategory":"Permanent residence and biometrics requirements","policyTool":"Temporary public policy (s. 25.2 irpa)","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/biometrics-pr-10-years.html","preciseCitation":"IRCC, Temporary public policy exempting certain permanent residence applicants from biometrics requirements, Canada.ca (September 22, 2020).","evidencePassage":"support centers (ASCs) and designated Service Canada Centres, remain closed or have reopened with only limited services, which do not always include biometrics collection. Immigration, Refugees and Citizenship Canada (IRCC) recognizes the impact this ongoing service disruption is having on applicants in and outside Canada. Therefore, until further notice, foreign nationals who have previously given their biometrics in support of an immigration application within the last 10 years are exempt from the requirement to give their biometrics in support of their pending or new application for permanent residence. While this temporary public policy is in place, the biometrics these applicants have previously given will be reused for screening purposes to ensure the safety and security of all Canadians as these applications move forward in processing. ## Who is exempt under this public policy Applicants are exempt under this public policy from the requirement to give their biometrics if they have **both** of the following: - a new or pending application for permanent residence made from within or outside Canada - already submitted their biometrics in support of an immigration application within","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-eeb15292a3e12f62566c","countryCode":"CA","country":"Canada","title":"Re-Opening and Intake Rules for Parents and Grandparents Program (PGP 2020)","policyEffect":"Lifted the moratorium, establishing a randomized lottery interest-to-sponsor process to accept up to 10,000 complete applications for the 2020 Parents and Grandparents family reunification stream.","operativeDate":"2020-09-29","year":2020,"affectedGroup":"Sponsors and parents/grandparents (family class)","materialConditionsAndExceptions":"Validated condition or limit: Lifted the moratorium, establishing a randomized lottery interest-to-sponsor process to accept up to 10,000 complete applications for the 2020 Parents and Grandparents family reunification stream.","policyCategory":"Family reunification / sponsorship / quotas & intake management","policyTool":"Not stated","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2020/2020-10-10/html/notice-avis-eng.html","preciseCitation":"https://gazette.gc.ca/rp-pr/p1/2020/2020-10-10/html/notice-avis-eng.html; https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/10/government-of-canada-announces-details-for-opening-of-2020-parents-and-grandparents-program.html","evidencePassage":"Invitations to submit a sponsorship application will be issued to potential sponsors using a randomized selection process from among all non-duplicate interests to sponsor that have not yet been issued an invitation. … A maximum of 10 000 sponsorship applications made in relation to applications for a permanent resident visa, which are made by sponsors’ parents or grandparents under the family class, will be accepted for processing in the 2021 calendar year … These Instructions take effect on September 29, 2020.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-aa130224db42c2f384b7","countryCode":"CA","country":"Canada","title":"Ministerial Instructions 42 (MI42): Mandatory Electronic Applications","policyEffect":"Due to COVID-19 processing constraints, IRCC mandated that all new applications for Temporary Resident Visas, work permits, and study permits be submitted online.","operativeDate":"2020-10-01","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Student, skilled work, other","policyTool":"Documentation","sourceName":"IRCC Ministerial Instructions 42","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/other-goals/mi42.html","preciseCitation":"IRCC Ministerial Instructions 42. Ministerial Instructions 42 (MI42): Mandatory Electronic Applications. Effective 2020-10-01.","evidencePassage":"Immigration, Refugee and Citizenship Canada’s capacity for processing applications, both in Canada and overseas; Noting that Canada’s immigration objectives, as laid out in section 3 of the *Immigration and Refugee Protection Act*, include the establishment of fair and efficient procedures, to maintain the integrity of the Canadian immigration system. ## scope These Instructions apply to new applications for Temporary Resident Visas, work permits and study permits, submitted to Immigration, Refugees and Citizenship Canada on or after the coming into force of these Instructions. ## Applications Submitted from Outside Canada to be Submitted by Electronic Means - Temporary Residence All applications for a Temporary Resident Visa (including a Transit Visa), a work permit, or a study permit submitted by foreign nationals who are outside Canada at the time of application must be submitted using electronic means (apply online). The following foreign nationals who are outside Canada and submitting applications for temporary resident visas, work permits, and study permits may submit these applications by any other means that is made available or specified by the Minister for that purpose: - Foreign … except in the case of foreign nationals who may submit an application by any other means that is made available or specified by the Minister for that purpose, in accordance with these Instructions. ## effective date These Instructions take effect on October 1, 2020 and expire January 31, 2021. Marco E. L. Mendicino, P.C., M.P. Minister of Citizenship and Immigration Dated at Ottawa, October 1, 2020 ## Page details 2020-10-01 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-874ccd352efe62fedb62","countryCode":"CA","country":"Canada","title":"Border Restriction Exemption for Extended Family Members and Compassionate Entry","policyEffect":"The Government of Canada updated emergency border restriction orders to permit extended family members of Canadian citizens, permanent residents, and persons registered under the Indian Act (including dating partners of at least 1 year, adult children, grandchildren, siblings, and grandparents) to enter Canada with a statutory declaration and written IRCC authorization, and established an exemption mechanism for entry on compassionate grounds. Phase scope: Full national implementation across land and air ports of entry beginning October 8, 2020.","operativeDate":"2020-10-08","year":2020,"affectedGroup":"Extended family members and compassionate travellers","materialConditionsAndExceptions":"Validated condition or limit: The Government of Canada updated emergency border restriction orders to permit extended family members of Canadian citizens, permanent residents, and persons registered under the Indian Act (including dating partners of at least 1 year, adult children, grandchildren, siblings, and grandparents) to enter Canada with a statutory declaration and written IRCC authorization, and established an exemption mechanism for entry on compassionate grounds.","policyCategory":"Admission / border control","policyTool":"Travel exemption / statutory declaration / written authorization","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/corporate/transparency/committees/cacn-nov-16-2020/cacn-family-reunification-compassionate-exemptions-nov-16-2020.html","preciseCitation":"Immigration, Refugees and Citizenship Canada, CACN - Family Reunification and Compassionate Exemptions (Nov 16, 2020)","evidencePassage":"optional purpose. - The Order in Council for travellers entering Canada from a country other than the United States, restricts all foreign nationals from entering if they do not meet one of the listed exemptions and are traveling for a discretionary or optional purpose. ### Family Reunification - In June, the Government of Canada amended the Orders in Council as they relate to foreign national immediate family members - such as spouses, partners, parents or dependent children – of Canadian citizens, persons registered under the Indian Act, and permanent residents, to facilitate their travel to … Canada, while respecting all public health protocols and measures. - To further facilitate family reunification in Canada, the Orders were updated on October 8, 2020 to include a new exemption provision for extended family members of Canadian citizens, persons registered under the Indian Act, and permanent residents. Now, exclusive dating partners and their dependent children, adult children and their children, siblings and grandparents are exempt from the prohibition on entry. #### If pressed on process for clients in an exclusive dating relationship: - Regardless of where they are travelling from, extended family members such as those in an exclusive dating relationship, must request and obtain written authorization from IRCC. An exclusive dating relationship means the person is in a romantic relationship with a Canadian citizen, person registered under the Indian Act, or permanent resident, have been in the relationship for at least 1 year and have spent time in the physical presence of that person at some point during the relationship. Examples of an exclusive dating relationship include: - fiancé(e) - committed romantic partners for at least 1 year who lived together but don’t meet the definition of common-law - boyfriends, girlfriends or any other couple in an intimate, loving relationship - How to request written authorization depends on whether or not they already have a valid travel document (visitor visa or eTA) as there are separate designated channels, but they will nevertheless need to provide a completed statutory declaration that their family member has solemnly declared before a Canadian authorized official attesting to their relationship. - The Department strives to respond to requests within 14 business days of getting a complete request. However, if … multiple requests with different information is submitted, the processing of the authorization may be delayed. In addition to meeting all regular eligibility and admissibility requirements for travel and entry to Canada, extended family members will need to travel with both this authorization, as well as the statutory declaration, to be permitted to travel to and enter Canada. - Immediate and extended family members of Canadian citizens, persons registered under the Indian Act, and permanent residents no longer have to demonstrate they are coming to Canada for a non-discretionary purpose, provided … authorization from IRCC. - Since October 8, 2020 individuals may now seek an exemption for compassionate grounds, as well as an exemption (also known as a limited release) from the quarantine period, which is solely administered by PHAC, to provide care for critically ill relatives and loved ones, be present for the final moments of life for a loved one, or attend a funeral or end-of-life ceremony. ### Parents and Grandparents Program - After carefully considering all safety precautions due to the global pandemic and its impact on the Department’s capacity to process applications over the past … attend a secondary school in Canada. The guardian or tutor should be able to demonstrate that they habitually reside at the same address as the minor. Officers should be flexible in accepting documentary evidence. In contrast to the immediate family member definition, the extended family member definition does not apply to familial relations of temporary residents in Canada. ### Extended family members in respect of a Canadian citizen, person registered as an Indian under the *Indian Act* or permanent resident are: - an individual who is in an exclusive dating relationship with the person, has been in such a relationship for at least 1 year and has spent time in the physical presence of the person during the course of the relationship - a dependent child of the person in the exclusive dating relationship - a child of the person, of their spouse or common-law partner or of the person in the exclusive dating relationship - a dependent child of a child (that is, a grandchild) - a sibling, half-sibling or step-sibling of the person or of the person’s spouse or common-law partner - a grandparent of the person or of the person’s spouse or common-law partner ## Page details 2021-03-15 ## About","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-b1c1995c83fecb1ba848","countryCode":"CA","country":"Canada","title":"International Student Border Reopening for Approved DLIs","policyEffect":"International students were permitted to enter Canada if enrolled at a Designated Learning Institution (DLI) with an approved COVID-19 readiness plan.","operativeDate":"2020-10-20","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Student","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/10/government-introduces-new-border-measures-to-protect-canadian-public-health-provides-update-on-travel-restrictions.html","preciseCitation":"Government of Canada. International Student Border Reopening for Approved DLIs. Effective 2020-10-20.","evidencePassage":"contravening the Quarantine Act could also result in fines of up to $1 million and 3 years’ imprisonment. With these robust protections in place, processes are being introduced to support greater family reunification, entry for compassionate reasons, and the safe and gradual entry of some international students. More specifically, these processes will provide for the entry of - certain extended family members of Canadian citizens and Canadian permanent residents, including those in an exclusive dating relationship of at least 1 year and their dependent children, as well as adult children, grandchildren, siblings and grandparents - foreign nationals for compassionate reasons in specific circumstances, such as life-threatening illness, critical injury or death, with potential limited release from quarantine - international students, starting October 20, 2020, if they will be attending a designated learning institution that has been identified by their provincial or territorial government as having a COVID‑19 readiness plan in place Detailed information on who may qualify as an extended family member and the process and requirements to be eligible to travel to and enter Canada will be available","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-eefc6bd74e1fb2d3c7fa","countryCode":"CA","country":"Canada","title":"Increased Express Entry CRS Points for French-Speaking Candidates","policyEffect":"IRCC increased the additional Comprehensive Ranking System (CRS) points awarded for French language proficiency outside Quebec. French-only speakers saw an increase from 15 to 25 points, while bilingual candidates (French and English) saw an increase from 30 to 50 points.","operativeDate":"2020-10-27","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: French-only speakers saw an increase from 15 to 25 points, while bilingual candidates (French and English) saw an increase from 30 to 50 points.","policyCategory":"Other, residence","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/10/additional-points-in-express-entry-to-help-increase-francophone-immigration-outside-quebec.html","preciseCitation":"canada.ca. Increased Express Entry CRS Points for French-Speaking Candidates. Effective 2020-10-27.","evidencePassage":"--- title: \"Additional points in Express Entry to help increase Francophone immigration outside Quebec - Canada.ca\" meta: author: \"Immigration, Refugees and Citizenship Canada\" description: \"The Honourable Marco E. L. Mendicino, P.C., M.P., Minister of Immigration, Refugees and Citizenship, today announced that French-speaking and bilingual candidates will receive additional points under the Express Entry system. Express Entry is an online system used to manage applications for permanent residence from skilled workers. This change will help deliver on the government’s commitment to reach the target … speaking immigration to Canada outside of Quebec has been increasing, recent data indicates that existing selection tools will not be sufficient to reach the 4.4% target by 2023. Awarding additional points to candidates with strong French language skills via Express Entry could increase French-speaking immigrant admissions to the 4.4% target by 2023. Making progress towards reaching this target will be facilitated by an eventual easing of travel restrictions associated with the global pandemic. The change announced today will see the current number of points increase from 15 to 25 for French-speaking … candidates and from 30 to 50 for bilingual candidates. This comes after we initially awarded points in June 2017 to candidates with strong French language skills. ## Quotes > “Supporting the development of Francophone minority communities outside of Quebec is part of this government’s plan for economic growth and long-term prosperity throughout the country. It is also the right thing to do to help support Francophone communities right across Canada. We will continue to attract Francophone immigrants to make sure that Francophone minority communities flourish.” > > – The Honourable Marco E. L.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-78112c958a664c4a141e","countryCode":"CA","country":"Canada","title":"Relaxed Work Experience Requirements for the Rural and Northern Immigration Pilot (RNIP)","policyEffect":"IRCC modified the eligibility criteria for the Rural and Northern Immigration Pilot to allow cumulative work experience rather than requiring one year of continuous employment, addressing disruptions caused by the COVID-19 pandemic.","operativeDate":"2020-11-06","year":2020,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: IRCC modified the eligibility criteria for the Rural and Northern Immigration Pilot to allow cumulative work experience rather than requiring one year of continuous employment, addressing disruptions caused by the COVID-19 pandemic.","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies.html","preciseCitation":"Immigration, Refugees and Citizenship Canada. Relaxed Work Experience Requirements for the Rural and Northern Immigration Pilot (RNIP). Effective 2020-11-06.","evidencePassage":"under the Pilot to Sault St. Marie. The Rural and Northern Immigration Pilot is a community-driven program that spreads the benefits of economic immigration to smaller communities. It helps these communities to attract the workers they need by creating a path to permanent residence for skilled foreign workers. Under the changes to the program, candidates will no longer have to obtain eligible work experience over a continuous period of time. Instead, they can demonstrate that they have accumulated the required 1 year of eligible work experience (1,560 hours) in the 3 years preceding their application, even if there were breaks in their employment. The policy applies to all applications received under the Pilot, as well as all future applications going forward. Altering this requirement ensures that candidates are not penalized for short breaks in their employment history, including temporary work interruptions or layoffs caused by the pandemic. Individuals must still meet all other existing admissibility and [program requirements](https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/rural-northern-immigration-pilot/pr-eligibility.html), including the recommendation … immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/permanent-residence-healthcare-pandemic-quebec.html) 9 December 2020 - [Public Policy on Work Experience Eligibility Requirement for the Rural and Northern Immigration Pilot](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/work-experience-eligibility-rnip.html) 6 November 2020 - [Temporary public policy concerning applications for permanent residence as a member of the family class whose sponsor must meet a minimum income requirement","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-cacc2499ad495d1a98e7","countryCode":"CA","country":"Canada","title":"Launch of Citizenship Grant Electronic Application (e-App)","policyEffect":"IRCC launched the initial phase of the citizenship grant electronic application (e-application) pilot where approximately 10% of randomly determined citizenship grant applicants visiting the website see the option to complete an e-application.","operativeDate":"2020-11-30","year":2020,"affectedGroup":"Citizenship grant applicants","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"Documentation","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/committees/inan-jan-28-2021/inan-citizenship-processing-jan-28-2021.html","preciseCitation":"","evidencePassage":"In this initial phase, approximately 10% of randomly determined citizenship grant applicants visiting the Department’s website see the option to complete an e-application. … Those who choose to continue with an e-application are required to answer and pass a set of screening questions before proceeding.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-616ad86c8bf2c6441639","countryCode":"CA","country":"Canada","title":"Coming into Force of the College of Immigration and Citizenship Consultants Act","policyEffect":"The College of Immigration and Citizenship Consultants (CICC) Act officially came into force, replacing the ICCRC with a new regulatory body and granting it enhanced compliance and enforcement powers.","operativeDate":"2020-12-09","year":2020,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Enforcement","policyTool":"Enforcement","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/11/minister-mendicino-announces-the-coming-into-force-of-the-college-of-immigration-and-citizenship-consultants-act.html","preciseCitation":"Immigration, Refugees and Citizenship Canada. Coming into Force of the College of Immigration and Citizenship Consultants Act. Effective 2020-12-09.","evidencePassage":"--- title: \"Minister Mendicino announces the coming into force of the&nbsp; College of Immigration and Citizenship Consultants Act - Canada.ca\" meta: author: \"Immigration, Refugees and Citizenship Canada\" description: \"The Honourable Marco E. L. Mendicino announced today that the College of Immigration and Citizenship Consultants Act is coming into force December 9, 2020. This Act provides a statutory framework to regulate immigration and citizenship consultants, and will make the forthcoming College of Immigration and Citizenship Consultants the official regulator of immigration and citizenship … Citizenship Consultants Act** From: [Immigration, Refugees and Citizenship Canada](https://www.canada.ca/en/immigration-refugees-citizenship.html) ## News release The Honourable Marco E. L. Mendicino announced today that the College of Immigration and Citizenship Consultants Act is coming into force December 9, 2020. This Act provides a statutory framework to regulate immigration and citizenship consultants, and will make the forthcoming College of Immigration and Citizenship Consultants the official regulator of immigration and citizenship consultants across the country. CORRECTION **November 26, 2020—Ottawa—**The Honourable Marco E. L. Mendicino announced today that the College of Immigration and Citizenship Consultants Act is coming into force December 9, 2020. This Act provides a statutory framework to regulate immigration and citizenship consultants, and will make the forthcoming College of Immigration and Citizenship Consultants the official regulator of immigration and citizenship consultants across the country. The coming into force of the Act means that Immigration, Refugees and Citizenship Canada (IRCC) is one step closer to the opening of the new College, which is anticipated in … ., M.P., Minister of Immigration, Refugees and Citizenship ## Quick facts - The Government of Canada continues to deploy efforts to better protect newcomers and applicants to Canada from unscrupulous and fraudulent consultants. - The College Act stems from the 2019 Budget Implementation Act, which proposed to improve the oversight of immigration consultants in Canada. - The College will have the authorities necessary for the regulation of consultants, in particular tools to investigate professional misconduct and discipline its licensees. This includes the power to enter the premises of a consultant for the purpose of gathering information to support an investigation, and compelling witnesses to appear and testify before the Discipline Committee. - The College will have the ability to request court injunctions to address unlicensed actors providing immigration advice without authorization. - The College Board’s mandate will be to manage the activities and affairs of the College. - A Code of Conduct for the College is being developed. This will help establish strong ethical and professional standards that all licensees must abide by. ## Associated links - [Notice of Opportunity for","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-2fa089341698fe748101","countryCode":"CA","country":"Canada","title":"Temporary Public Policy for Certain Refugee Claimants Working in the Health Care Sector (Rest of Canada)","policyEffect":"Created a dedicated permanent residence pathway under IRPA s. 25.2 for pending and failed refugee claimants residing in Canada (outside Quebec) who provided direct patient care in designated health-care occupations (such as nurses, orderlies, and home support workers) during the initial phase of the COVID-19 pandemic, staying active removal orders upon approval in principle.","operativeDate":"2020-12-14","year":2020,"affectedGroup":"Pending and failed asylum seekers in designated health-care roles","materialConditionsAndExceptions":"","policyCategory":"Regularization / asylum / humanitarian pr","policyTool":"Targeted status regularization / removal stay","sourceName":"Immigration, Refugees and Citizenship Canada (IRCC)","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/refugee-claimants-health-care-roc.html","preciseCitation":"IRCC Policy Instrument, \"Temporary public policy to facilitate the granting of permanent residence for certain refugee claimants working in the health care sector during the COVID-19 pandemic\".; Immigration, Refugees and Citizenship Canada, \"Temporary public policy to facilitate the granting of permanent residence for certain refugee claimants working in the health care sector during the COVID-19 pandemic\", Canada.ca.","evidencePassage":"Immigration, Refugees and Citizenship Canada](https://www.canada.ca/en/immigration-refugees-citizenship.html) 3. [Corporate information](https://www.canada.ca/en/immigration-refugees-citizenship/corporate.html) 4. [Mandate](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate.html) 5. [Policies, Ministerial Instructions, and agreements](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements.html) # Temporary public policy to facilitate the granting of permanent residence for certain refugee claimants working in … recognition that there may be refugee claimants who contracted COVID-19 and subsequently passed away, spouses and common-law partners of these individuals, who are in Canada, may also be granted permanent residence under this public policy. Recognizing the unique selection authority of Quebec, established under the *Canada-Quebec Accord*, a separate public policy for those intending to reside in Quebec has also been developed. As such, I hereby establish that, pursuant to my authority under section 25.2 of the *Immigration and Refugee Protection Act* (the Act), there are sufficient public policy … considerations that justify the granting of permanent residence to foreign nationals who meet the eligibility criteria and conditions listed below. ## Conditions (eligibility requirements) applicable to the principal applicants Based on the public policy considerations, delegated officers may grant permanent residence to foreign nationals who meet the following conditions: A) The foreign national: 1. Is a pending refugee claimant or a failed refugee claimant, who made a refugee claim in Canada prior to March 13, 2020 and continued to reside in Canada when their application for permanent residence … application for permanent residence under subsection 25.2(1) of the Act, and the Right of Permanent Residence Fee, must be paid. ## Start and end dates This public policy comes into effect upon signature. This public policy will be implemented on December 14, 2020 and will end on August 31, 2021 or when revoked by the Minister. Applications received on or before August 31, 2021, or date of revocation, if applicable, will be processed under the public policy. Marco Mendicino Minister of Citizenship and Immigration Dated at Ottawa, November 23, 2020 ## Annex A ### Designated occupations - National","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-ced05847d9565778f7a7","countryCode":"CA","country":"Canada","title":"Temporary Public Policy for Health Care Workers Selected by Quebec During COVID-19","policyEffect":"Created a parallel public policy under IRPA s. 25.2 in accordance with the Canada-Québec Accord, enabling pending and failed refugee claimants working in direct patient health-care roles who were selected by the Government of Quebec (holding a Certificat de sélection du Québec / CSQ) to obtain federal permanent residence.","operativeDate":"2020-12-14","year":2020,"affectedGroup":"Asylum claimants working in health care in quebec","materialConditionsAndExceptions":"","policyCategory":"Regularization / asylum / provincial selection","policyTool":"Targeted status regularization","sourceName":"Immigration, Refugees and Citizenship Canada (IRCC)","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/refugee-claimants-health-care-quebec.html","preciseCitation":"IRCC Policy Instrument, \"Temporary Public Policy to Grant Permanent Residence to Certain Foreign Nationals Selected by Quebec Working in the Health Care Sector during the COVID-19 Pandemic\".","evidencePassage":"Residence status in recognition of their service during the pandemic. On May 25, 2020, Quebec Premier Legault, announced that he would consider allowing, on a case-by-case basis, claimants working in Quebec long-term care facilities during the pandemic to regularize their status by applying as immigrants. However, given that these individuals do not have status in Canada and are therefore inadmissible, under this public policy I facilitate granting of permanent residence to foreign nationals who were selected by Quebec. Recognizing the unique selection authority of Quebec, established under the … *Canada-Quebec Accord*, Quebec has authority, in the current context, to select foreign nationals intending to settle in Quebec. Applicants must comply with other eligibility criteria of this public policy including to not be inadmissible for other reasons than those for which an exemption is granted in the context of this public policy. In order to provide similar opportunities for this population across Canada, this public policy is being issued in conjunction with another public policy for the rest of Canada. ## Public Policy Considerations Refugee claimants who are working in Canada\\`s health … status in Canada. This public policy enables the Government of Canada to recognize their significant contribution and risk to their health during the pandemic by providing them with a more secure future in Canada. In recognition that there may be refugee claimants who contracted COVID-19 and subsequently passed away, spouses and common-law partners of these individuals, who are in Canada, may also be granted permanent residence under this public policy. As such, I hereby establish that, pursuant to my authority under section 25.2 of the *Immigration and Refugee Protection Act* (the Act), there are public policy considerations that justify the granting of permanent residence to foreign nationals who meet the eligibility criteria and conditions listed below. ## Conditions (eligibility requirements) applicable to the principal applicants Based on the public policy considerations, delegated officers may grant permanent residence to foreign nationals who meet the following conditions. A) The foreign national: 1. Is a pending refugee claimant or a failed refugee claimant who made a refugee claim in Canada prior to March 13, 2020 and continued to reside in Canada when their application for permanent residence was made; 2. Was authorized to work in Canada by virtue of a work permit or work permit exemption under section 186 of the *Immigration and Refugee Protection Regulations* (the Regulations), unless the individual lost their authorization to work as a result of a removal order against them becoming enforceable due to a final negative decision on their refugee claim, in which case work performed subsequent to the loss of that authorization need not be authorized; 3. Intends to reside in Quebec; 4. Has been issued a Certificat de sélection du Québec under the *Special program for … the Right of Permanent Residence Fee, must be paid. ## Provincial selection criteria (Quebec) Applicants wishing to settle in Quebec are subject to the Province of Quebec’s selection criteria further to subsection 25.2(3) of the Act, and cannot be granted permanent residence unless Quebec determines that they meet the applicable selection criteria of the province. ## Start and end dates This public policy comes into effect upon signature. This public policy will be implemented on December 14, 2020 and will end on August 31, 2021 or when revoked by the Minister. Applications received on or before","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-3328f6fd76be3d9e7c94","countryCode":"CA","country":"Canada","title":"Special Open Work Permit for Stranded Agricultural Workers from Trinidad and Tobago","policyEffect":"Implementation of a temporary public policy allowing agricultural seasonal workers from Trinidad and Tobago, stranded in Canada due to pandemic travel restrictions, to transition to a 6-month open work permit to maintain status and seek alternative employment.","operativeDate":"2020-12-16","year":2020,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: Implementation of a temporary public policy allowing agricultural seasonal workers from Trinidad and Tobago, stranded in Canada due to pandemic travel restrictions, to transition to a 6-month open work permit to maintain status and seek alternative employment.","policyCategory":"Skilled work, seasonal","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/public-policy-stranded-workers-trinidad-tobago.html","preciseCitation":"canada.ca. Special Open Work Permit for Stranded Agricultural Workers from Trinidad and Tobago. Effective 2020-12-16.","evidencePassage":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices.html) # Immigration, Refugees and Citizenship Canada implements public policy to help stranded temporary workers from Trinidad and Tobago **Ottawa, December 16, 2020**—A temporary public policy has been put in place to help agricultural workers from Trinidad and Tobago who are stranded in Canada due to COVID-19-related travel restrictions in their home country. While Canada continues to discuss solutions with the government of Trinidad and Tobago to enable the workers to return home, this public policy ensures they can maintain their legal status if they remain in Canada through the winter months. Under the policy, which will be in effect until February 12, 2021, workers will be able to apply for temporary status and get a 6-month open work permit. This should allow them to find other employment and apply for any other government support they may be entitled to, such as employment insurance. This action is part of a broader effort to support the needs of these workers, including emergency accommodation. While the vast majority of workers who came to Canada this spring were able to return home prior to the expiry","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-f6fc8562274bfb1a8078","countryCode":"CA","country":"Canada","title":"Parents and Grandparents Program 2020 Income Requirement Relief","policyEffect":"IRCC reduced the income requirement for the 2020 tax year for PGP sponsors, allowing them to meet the Minimum Necessary Income (MNI) rather than the standard MNI plus 30% to account for pandemic-related financial hardship.","operativeDate":"2021-01-05","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: IRCC reduced the income requirement for the 2020 tax year for PGP sponsors, allowing them to meet the Minimum Necessary Income (MNI) rather than the standard MNI plus 30% to account for pandemic-related financial hardship.","policyCategory":"Family","policyTool":"Eligibility","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/parents-grandparents-2020-invitations.html","preciseCitation":"Immigration, Refugees and Citizenship Canada. Parents and Grandparents Program 2020 Income Requirement Relief. Effective 2021-01-05.","evidencePassage":"successfully submitted an interest to sponsor form, but have not received an invitation in your email inbox, please check your junk mail and make sure you’re checking the email address you provided on your interest to sponsor form. Only those who have been randomly selected to apply will receive correspondence from IRCC. You can also check your invitation status on IRCC’s website—this information will be available after all the invitations to apply have been sent out. Given that many sponsors may have been financially impacted by the exceptional circumstances of the COVID-19 pandemic, IRCC has introduced a [temporary public policy](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/family-class-income-2020.html) that reduces the income requirement for the 2020 tax year to the minimum necessary income, instead of the minimum necessary income plus 30%. The government recognizes how important it is for families to be together, particularly during difficult times. If you submitted an interest to sponsor form in 2020, but are not selected to apply, you’ll have another opportunity to apply and show your interest when the 2021 Parents … ca/en/immigration-refugees-citizenship/services/visit-canada/parent-grandparent-super-visa/about.html), which allows them to stay in Canada for up to 2 years at a time. ## Page details 2021-01-05 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html) - [Check your application status](https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-status.html) ### Government of Canada - [All contacts","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-be63cf5f5f888c343d62","countryCode":"CA","country":"Canada","title":"Temporary public policy for former students in Canada with expired or expiring post-graduation work permits","policyEffect":"A temporary public policy allowed foreign nationals in Canada with an expired or expiring post-graduation work permit to apply for an 18-month open work permit.","operativeDate":"2021-01-27","year":2021,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"","policyCategory":"Work authorization","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/corporate/transparency/committees/cimm-feb-15-17-2022/international-students.html","preciseCitation":"canada.ca. Temporary public policy for former students in Canada with expired or expiring post-graduation work permits.; Immigration, Refugees and Citizenship Canada (IRCC), Temporary public policy for former students in Canada with expired or expiring post-graduation work permits.","evidencePassage":"On January 8, 2021, the Department announced a new temporary public policy to facilitate the issuance of open work permits with durations up to 18 months to foreign nationals in Canada with an expired or expiring PGWP. The public policy was open to applications from January 27, 2021 to July 27, 2021.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-319ee36f35c65aad1cd1","countryCode":"CA","country":"Canada","title":"Ministerial Instructions on Mandatory Online Applications","policyEffect":"New Ministerial Instructions mandate that all applications for Temporary Resident Visas, work permits, and study permits submitted by foreign nationals outside of Canada must be processed through electronic filing.","operativeDate":"2021-02-01","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: New Ministerial Instructions mandate that all applications for Temporary Resident Visas, work permits, and study permits submitted by foreign nationals outside of Canada must be processed through electronic filing.","policyCategory":"Student, skilled work","policyTool":"Documentation","sourceName":"Immigration, Refugees and Citizenship Canada (IRCC)","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/other-goals/mi44.html","preciseCitation":"Immigration, Refugees and Citizenship Canada (IRCC). Ministerial Instructions on Mandatory Online Applications. Effective 2021-02-01.","evidencePassage":"objectives, as laid out in section 3 of the *Immigration and Refugee Protection Act*, include the establishment of fair and efficient procedures, to maintain the integrity of the Canadian immigration system. ## Scope These Instructions apply to new applications for Temporary Resident Visas, work permits and study permits, submitted to Immigration, Refugees and Citizenship Canada on or after the coming into force of these Instructions. ## Applications Submitted from Outside Canada to be Submitted by Electronic Means - Temporary Residence All applications for a Temporary Resident Visa (including a Transit Visa), a work permit, or a study permit submitted by foreign nationals who are outside Canada at the time of application must be submitted using electronic means (apply online). The following foreign nationals who are outside Canada and submitting applications for temporary resident visas, work permits, and study permits may submit these applications by any other means that is made available or specified by the Minister for that purpose: - Foreign nationals who, because of a disability are unable to meet a requirement to make an application, submit any document or provide a signature or … for that purpose, in accordance with these Instructions. ## Effective date These Instructions take effect on February 1, 2021 and expire September 30, 2021. Marco E. L. Mendicino, P.C., M.P. Minister of Citizenship and Immigration Dated at Ottawa, this 28th day of January, 2021 ## Page details 2021-02-01 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html) - [Check your application status](https://www.canada.ca/en/immigration","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-9ec1aa371717d62e89ad","countryCode":"CA","country":"Canada","title":"Enhanced COVID-19 Border Compliance and Quarantine Mandates","policyEffect":"The CBSA implemented mandatory negative molecular test requirements for land border entries and established mandatory on-arrival testing, digital travel plan submission via ArriveCAN, and government-authorized hotel quarantine for air travelers.","operativeDate":"2021-02-22","year":2021,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Enforcement","policyTool":"Enforcement","sourceName":"CBSA","sourceUrl":"https://www.cbsa-asfc.gc.ca/transparency-transparence/pd-dp/bbp-rpp/secu/2021-03-10/menu-eng.html","preciseCitation":"CBSA. Enhanced COVID-19 Border Compliance and Quarantine Mandates. Effective 2021-02-22.","evidencePassage":"contact information and, if required, a quarantine plan prior to entering, or upon entry to, Canada. Since January 7, 2021, CBSA officers have also been responsible for ensuring that travellers who are required to submit evidence of a valid pre-arrival COVID-19 molecular test, do so upon arrival. Travellers who do not have a molecular test are referred to PHAC. Foreign nationals who arrive by land and who are not in possession of valid COVID-19 test results are refused entry and directed back to the United States by a CBSA officer. BSOs must also determine a traveller's quarantine exemption status. … individuals from a public health perspective falls within the mandate of the PHAC and provincial or territorial health authorities. It is important to note that the CBSA does not issue fines in the enforcement of the Quarantine Act requirements; the decision on whether to pursue any enforcement action related to the public health orders rests with PHAC. Government approved accommodation Proposed response The CBSA supports the Public Health Agency of Canada (PHAC) in the administration of the public health and border measures. Since February 22, 2021, travellers who are required to quarantine upon entry into Canada, with limited exemptions, are required to reserve, prior to departure to Canada, a three-night stay in a government approved accommodation. Travellers are required to stay at their reserved hotel for up to three nights, at their own cost, while they await the results of the molecular test taken upon arrival at the Canadian airport. From a CBSA perspective, upon arrival at the airport, the Border Services Officer will confirm if the traveller has evidence of a booking at a government-approved accommodation, or is exempt from the requirement. Travellers who do not have a booking … travellers entering Canada by land or air who are required to quarantine, with limited exceptions, are required to take a COVID-19 molecular test on arrival as well as on day 10 of their 14-day quarantine. These new measures, in combination with those already implemented, aim to reduce the risk of the importation and transmission of COVID-19 and new variants of the virus related to international travel. The Government continues to engage with partners in the U.S. to strengthen our border measures and keep both countries safe. If pressed on frequent cross-border travellers The Government of Canada … quarantine or isolation requirements, the CBSA is collecting additional contact information for all inbound international travellers. On behalf of PHAC, the CBSA captures basic biographical data, contact information, and quarantine-based information of all travellers, with limited exceptions, while in Canada. Travellers are required to submit the following information electronically before they board their flight, or before/when arriving at a land border crossing: travel and contact information quarantine plan (unless exempted from the quarantine requirement) COVID-19 symptom self-assessment This … strongly encouraged to do so using ArriveCAN. All travellers in all modes (unless otherwise exempt) are required to submit information through ArriveCAN or by calling the toll-free number, within 48 hours of their arrival and on a regular basis during their quarantine period. Travellers who do not submit the mandatory information required after they have crossed the border will be considered a high priority for follow-up by law enforcement. If pressed on usage statistics As of February 28, 2021, 1,115,801 travellers have submitted their information using either the ArriveCAN mobile or web application … travellers arriving at a land port of entry (POE) the test must be taken in the United States; or a prior positive COVID-19 molecular test taken between 14 to 90 days before entry into Canada Foreign nationals who do not have a valid molecular test will not be allowed into Canada. As of February 22, all persons, whether arriving in the air or land mode, must submit quarantine and contact information electronically (ArriveCAN) before boarding a plane to Canada or before arriving at the border, subject to limited exceptions. As of February 22, all travellers, with limited exceptions, will be required … February 15, 2021, travellers arriving by land, with limited exceptions, must present evidence of a COVID-19 molecular test taken with 72 hours in the U.S. before arriving at the port of entry. As of February 22, all travellers must submit mandatory health information digitally, including contact information and/or a suitable quarantine plan, to the Public Health Agency of Canada (PHAC) using the ArriveCAN application before boarding a plane to Canada or before arriving at a land port of entry. As of February 22, all travellers, with limited exceptions, will be required to undergo COVID-19 molecular testing on arrival and to take a second test later in the 14-day post-entry period towards the end of their quarantine. As of February 22, unless exempt, air travellers must submit evidence of a prepaid reservation for three nights at a government authorized accommodation (hotel) near the first airport of entry. Air travellers will be required to stay at their reserved hotel up to 3 days, at their own cost, while they await the result of their arrival test. Travellers who receive a negative result on their arrival test will proceed to their suitable quarantine location to complete the mandatory","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-917949a6f6bd6ac0f1f5","countryCode":"CA","country":"Canada","title":"Temporary public policy to exempt certain visitors in Canada from immigration requirements during the coronavirus (COVID-19) pandemic","policyEffect":"Established an updated temporary public policy permitting eligible foreign nationals with valid temporary resident status to apply for a job offer-supported work permit from inside Canada.","operativeDate":"2021-04-01","year":2021,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: Established an updated temporary public policy permitting eligible foreign nationals with valid temporary resident status to apply for a job offer-supported work permit from inside Canada.","policyCategory":"Work authorization","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/public-policy-visitors-exempt-updated.html","preciseCitation":"canada.ca. Temporary public policy to exempt certain visitors in Canada from immigration requirements during the coronavirus (COVID-19) pandemic.","evidencePassage":"corporate/mandate/policies-operational-instructions-agreements/public-policies.html) # Updated: Temporary public policy to exempt certain visitors in Canada from immigration requirements during the coronavirus (COVID-19) pandemic ## Background: As a result of the unprecedented upheaval caused by the novel coronavirus (COVID-19) pandemic, many foreign nationals may be in Canada for the foreseeable future without the ability to seek employment as visitors. This includes former temporary foreign workers who transitioned to visitor status upon the expiry of their work permits, visitors who had their plans disrupted by COVID-19 impacts such as international border restrictions, job loss, or illness, and visitors who continue to travel to Canada for non-discretionary and/or compassionate reasons. Despite increased unemployment across Canada, labour shortages persist in key areas of the Canadian economy, including in sectors such as agriculture and healthcare. In-Canada visitors may have the experience and skills needed to fill the gaps where employers may have previously sought workers from abroad. Allowing visitors to apply for work permits associated with a job offer while in Canada would give foreign nationals with visitor status the ability to support themselves during their time in Canada while also addressing employer needs. Therefore, I hereby establish that, pursuant to my authority under section 25.2 of the *Immigration and Refugee Protection Act* (the Act), there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the Act and the *Immigration and Refugee Protection Regulations* (the Regulations) listed below to foreign nationals who meet the conditions (eligibility requirements) set out below. This public policy will: - permit eligible foreign nationals with valid temporary resident status to apply for a job offer-supported work permit from inside Canada; - exempt eligible foreign nationals from the requirement that a work permit not be issued if they have not complied with certain temporary resident conditions; and - allow eligible former temporary foreign workers to work while a decision on their work permit application is pending. ## Conditions (eligibility requirements): Based on public policy considerations, delegated officers may grant an exemption, until a decision is made on the work permit application described below or the application is withdrawn, from the requirements of the Act and the Regulations identified if: 1. The foreign national: 1. has submitted an in-Canada work permit application to perform work described in subparagraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of the *Immigration and Refugee Protection Regulations*, for which a decision has not been made; and 2. was in Canada with valid temporary resident status when the work permit application referred to in (i) was submitted and has since remained in Canada with valid temporary resident status. 2. The foreign national: 1. … selection requirements not exempted under this, or another, public policy. ## Effective date and expiration This public policy takes effect on April 1, 2021 and expires on August 31, 2021. Marco E. L. Mendicino, P.C., M.P. Minister of Citizenship and Immigration Dated at Ottawa, this 22nd day of March 2021 ## Page details 2021-03-29 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html) - [Check your application status](https","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-b84f77beb71042ee1e0b","countryCode":"CA","country":"Canada","title":"Expansion of Education Requirements for Hong Kong Open Work Permit Pathway","policyEffect":"IRCC expanded eligibility for the three-year open work permit for Hong Kong residents to include individuals who completed a graduate or post-graduate credential of at least 1 year in length in the preceding 5 years, provided they also held a prerequisite post-secondary degree completed no more than 5 years prior to starting the graduate program.","operativeDate":"2021-05-17","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: IRCC expanded eligibility for the three-year open work permit for Hong Kong residents to include individuals who completed a graduate or post-graduate credential of at least 1 year in length in the preceding 5 years, provided they also held a prerequisite post-secondary degree completed no more than 5 years prior to starting the graduate program.","policyCategory":"Skilled work","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/hong-kong-residents-open-work-permit-2023.html","preciseCitation":"canada.ca. Expansion of Education Requirements for Hong Kong Open Work Permit Pathway. Effective 2021-05-17.","evidencePassage":"other like-minded allies, and its robust support for, and defence of, democratic values. Therefore, I hereby establish, pursuant to my authority under section 25.2 of the *Immigration and Refugee Protection Act* (the Act), that there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the *Immigration and Refugee Protection Regulations* (the Regulations) listed below to foreign nationals who meet the conditions (eligibility requirements) set out below. Accordingly, this public policy will allow for the issuance of open work permits to eligible … means that is made available or specified by the Minister for that purpose if the foreign national because of disability is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means; and 4. in the five years preceding the submission of the work permit application in (ii), has graduated with: 1. a graduate or post-graduate diploma, certificate or credential from a post-secondary designated learning institution as defined in section 211.1 of the *Immigration and Refugee Protection Regulations* for completion of a program … program that: 1. is at least one year in length, and 2. requires the completion of a post-secondary degree or diploma, as a pre-requisite for acceptance in the program, or 2. a foreign diploma, certificate or credential from a program that requires completion of a post-secondary degree or diploma as a pre-requisite for acceptance in the program, along with an equivalency assessment as defined in subsection 73(1) of the *Immigration and Refugee Protection Regulations* that indicates that the foreign diploma, certificate or credential is equivalent to a Canadian graduate or post-graduate diploma, certificate or credential for a program that is at least one year in length, and 5. obtained a post-secondary degree or diploma no more than five years before the commencement of the graduate or post-graduate program referred to in (iv.); 3. The foreign national: 1. is a family member - per the definition in subsection 1(3) of the *Immigration and Refugee Protection Regulations* - of a foreign national who has applied and has been found to meet the conditions listed in 1 or 2; 2. has submitted a work permit application under section 200 of the *Immigration and Refugee Protection Regulations*, where … https://www.canada.ca/en/immigration-refugees-citizenship/corporate.html) 4. [Mandate](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate.html) 5. [Policies, Ministerial Instructions, and agreements](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements.html) 6. [Immigration, Refugees and Citizenship Canada - Public policies](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies.html) # Updated: Temporary public policy to … exempt certain Hong Kong residents from work permit requirements ## Background: Following China’s adoption of a controversial national security law in Hong Kong that came into force on June 30, 2020, Canada committed to taking action and standing up for the people of Hong Kong. Aligned with a whole-of-government approach, this measure aims to attract educated Hong Kong youth to Canada, where it is expected that their human capital and international experience will contribute to Canada’s economic, social, and cultural fabric. At the same time, Canada’s response demonstrates its solidarity with … that indicates that the foreign diploma, certificate or credential is equivalent to a Canadian post-secondary diploma for a program that is at least two years in length; 2. The foreign national: 1. is described at paragraphs 190(2)(d) or (e) of the *Immigration and Refugee Protection Regulations*; 2. has submitted a work permit application under section 200 of the *Immigration and Refugee Protection Regulations*, where the duration of the work permit requested is for a maximum of three years; 3. has submitted their work permit application using electronic means (applied online), or by any other … other legislative obligations and admissibility and selection criteria not exempted under this, or another, public policy. ## Effective date and expiration This public policy revokes and replaces the Temporary Public Policy to Exempt Certain Hong Kong Residents from Work Permit Requirements signed on February 1, 2021. It takes effect upon signature and expires on February 7, 2023. This public policy applies to applications received under the February 1, 2021 public policy for which a decision has not been made, and applications received on or after the day it comes into effect. Marco E. L. Mendicino, P.C., M.P. Minister of Citizenship and Immigration Dated at Ottawa, this 17th day of May, 2021 ## Page details 2021-06-08 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html) - [Check your application status](https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-status.html) ### Government of Canada - [All contacts](https://www.canada.ca/en/contact.html) - [Departments and agencies","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-1fc717b86a45ccbe9a7c","countryCode":"CA","country":"Canada","title":"Rules Amending the Federal Courts Citizenship, Immigration and Refugee Protection Rules (SOR/2021-149)","policyEffect":"Amends procedural and service rules in citizenship and immigration judicial review proceedings before the Federal Court, including adding Rule 4.1 defining deemed receipt of documents sent by ordinary mail (10th day after mailing), registered mail/courier (day of delivery), or electronic transmission/fax, establishing procedures for anonymity orders (Rule 8.1 / Form IR-5), and updating definitions and forms under the Citizenship Act and IRPA.","operativeDate":"2021-06-17","year":2021,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Amends procedural and service rules in citizenship and immigration judicial review proceedings before the Federal Court, including adding Rule 4.1 defining deemed receipt of documents sent by ordinary mail (10th day after mailing), registered mail/courier (day of delivery), or electronic transmission/fax, establishing procedures for anonymity orders (Rule 8.1 / Form IR-5), and updating definitions and forms under the Citizenship Act and IRPA.","policyCategory":"Border / asylum / citizenship / appeals & judicial review","policyTool":"Not stated","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2021/2021-07-07/html/sor-dors149-eng.html","preciseCitation":"SOR/2021-149, Canada Gazette Part II, Vol. 155, No. 14 (Registration: June 17, 2021).","evidencePassage":"Rules, made by the rules committee of the Federal Court of Appeal and the Federal Court. Rules Amending the Federal Courts Citizenship, Immigration and Refugee Protection Rules Amendments 1 The definition appeal in Rule 2 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules footnote 1 is replaced by the following: appeal means an appeal referred to in section 10.7 or paragraph 22.2(d) of the Citizenship Act or paragraph 74(d) of the Immigration and Refugee Protection Act. (appel) 2 The Rules are amended by adding the following after Rule 4: Deemed Receipt of Documents 4.1 (1) A document that is required to be sent under these Rules is deemed to be received by the recipient (a) if it is sent by ordinary mail, on the tenth day after the day on which it is mailed; (b) if it is sent by registered mail or courier, on the day of delivery that is indicated on the post office or courier delivery receipt, as the case may be; or (c) if it is sent by electronic transmission or fax, on the day on which it is sent, as indicated on the electronic transmission or the fax transmission slip, as the case may be. (2) However, if the day on which the document is deemed to be received is a holiday or, in the case of a document that is sent by electronic transmission or fax, the document is sent after 5 p.m. at the recipient's local time, the document is deemed to be received on the next day that is not a holiday. 3 Subrule 5(1) of the Rules is amended by striking out “and” at the end of paragraph (h) and by replacing paragraph (i) with the following: (i) if the applicant consents to the electronic service of documents, the applicant's electronic address as set out in Form 141A of the Federal Courts Rules; (j) the name, address and telephone number of any person who, for a fee or other consideration, prepared the application for leave; and (k) the signature, name, address and telephone number of the applicant's solicitor or, if the applicant acts in person, his or her signature, name, address for service in Canada and telephone number. 4 The Rules are amended by adding the following after Rule 8: Anonymity Order 8.1 (1) A party to an application for leave may make a written request, in Form IR-5 as set out in the schedule, that the court make an order that all documents that are prepared by the Court and that may be made available to the public be amended and … replaced by the following: (3) The Registry shall, without delay after an order is made under subrule (2), send a copy of the order to the tribunal. (2) Subrule 14(5) of the Rules is repealed. 9 Subrules 15(2) and (3) of the Rules are replaced by the following: (2) The Registry shall, without delay after an order is made under subrule (1), send a copy of the order to the tribunal. 10 Paragraph 17(b) of the English version of the Rules is replaced by the following: (b) all relevant documents that are in the possession or control of the tribunal, 11 The schedule to the Rules is amended by replacing … the references after the heading “SCHEDULE” with the following: (Subrules 5(1), 8(1), 8.1(1), 9(1) and 20(1)) 12 Form IR-1 of the schedule to the Rules is replaced by Form IR-1 set out in Schedule 1 to these Rules. 13 Forms IR-3 and IR-4 of the schedule to the Rules are replaced by Forms IR-3 to IR-5 set out in Schedule 2 to these Rules. Coming into Force 14 These Rules come into force on the day on which they are registered. SCHEDULE 1 (Rule 12) Form IR-1 (Rule 5) Court File No. FEDERAL COURT Between: (Insert, as applicable, the full name of party, the Minister of Citizenship and Immigration … Subrules 8.1(1) and (2)) Court File No. FEDERAL COURT Between: Applicant(s) and Respondent(s) Anonymity Order Notice The (identify party) [ ] requests that the Court make an order that all documents that are prepared by the Court and which may be made available to the public be amended and redacted to the extent necessary to make the identity of (insert name) anonymous; [ ] objects to the request for an anonymity order made by (identify party) on (date). The grounds for the (request or objection) are the following: (Set out grounds) Dated at ………, this ……of ………, 20……. (Name, address and telephone number … Objectives The amendments address five issues, namely, (1) the identification of “ghost” representation; (2) modernization amendments; (3) a simplified procedure to request an anonymity order; (4) the filing of a statement regarding the language of the hearing and its materials; and (5) the modification of the definition of an appeal to reflect changes under the Citizenship Act. Description The amendments to the Rules are set out below. (1) Identification of “ghost” representation — Rule 5: The amendment to Rule 5(1)(j) and the associated forms would require that a party identify the name of the person who prepares, for a fee or other consideration, the application for leave and judicial review. (2) Modernization amendments Rule 4.1: This new provision consolidates a number of separate provisions regarding the deemed receipt of documents that are “sent,” including the option for electronic transmission, and aims to align these Rules with the modernized Federal Courts Rules regarding deemed receipt of documents that are “served” (subsections 9(3) and (4), 14(5) and 15(3)). Following the transfer of the content from subsections 9(3) and (4) to new Rule 4.1, subsections 9(1) and (2) were revised","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-a6d699efccfc47102f9b","countryCode":"CA","country":"Canada","title":"Expansion of Travel Exemptions for Approved Permanent Residents","policyEffect":"IRCC expanded travel exemptions to allow any foreign national holding a valid Confirmation of Permanent Residence (COPR) to travel to Canada to finalize their landing, moving beyond the previous March 18, 2020 approval cutoff.","operativeDate":"2021-06-21","year":2021,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"Other","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2021/06/individuals-approved-for-permanent-residence-may-travel-to-canada-as-of-june-21.html","preciseCitation":"Canada.ca. Expansion of Travel Exemptions for Approved Permanent Residents. Effective 2021-06-21.","evidencePassage":"economic recovery. Starting June 21, 2021, any foreign national who holds a valid Confirmation of Permanent Residence (COPR) may travel to Canada. Under the previous rules, foreign nationals who held a valid COPR issued on or before March 18, 2020, were exempt from Canada’s travel restrictions. Those who held a valid COPR issued after March 18, 2020, could only come to Canada if they met another exemption or were coming from the US to settle permanently in Canada. ### Helping applicants with expired and expiring COPRs A COPR’s validity, which can last for up to one year, is tied to the applicant","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0705c2e426e93a748f04","countryCode":"CA","country":"Canada","title":"Special PR Policy for Over-Cap International Graduate Applicants (TR to PR Pathway)","policyEffect":"A corrective policy was enacted to allow the processing of 7,307 international graduate applications that were accepted in excess of the 40,000 application cap for the Temporary Resident to Permanent Resident (TR to PR) Pathway due to a system technical error.","operativeDate":"2021-06-28","year":2021,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"","policyCategory":"Residence, graduate","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/permanent-residence-foreigners-outside-quebec-applications-in-excess-intake-cap.html","preciseCitation":"Canada.ca. Special PR Policy for Over-Cap International Graduate Applicants (TR to PR Pathway). Effective 2021-06-28.","evidencePassage":"y) - No I do not want to take the website survey, . × Close: Website survey (escape key) # Temporary public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside of Quebec, with a recent credential from a Canadian post-secondary institution who applied in excess of the application intake cap ## Background The *Temporary public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside of Quebec, with a recent credential from a Canadian post- secondary institution* took effect on May 6, 2021. This public policy aims to facilitate the granting of permanent residence for certain foreign nationals in Canada, who had recently graduated from a Canadian post-secondary institution. As part of this public policy, an intake cap of 40,000 applications was set. Due to a technical issue, where two or more applications submitted simultaneously were counted as a single application, the Department received 7,307 more applications than it was authorized to accept for processing. Application intake was suspended on May 7, 2021 once the live counter reached 40,000 applications received. While the intake cap was reached … talent, skills, Canadian education and work experience of these skilled immigrants, which has been exacerbated during this exceptional time. Despite being received after the established 40,000 application intake cap was reached, the departmental electronic system accepted these clients’ applications for processing under the public policy and informed clients that they were within the cap. Processing of these applications should proceed as other applications that were within the cap, including an exemption, where applicable, from undergoing an Immigration Medical Examination. This measure will … , 2016 and meet the conditions below. As such, I hereby establish that, pursuant to my authority under section 25.2 of the Act, there are sufficient public policy considerations that justify the granting of permanent resident status and an exemption from certain requirements of the *Act* and *Regulations* to foreign nationals who meet the conditions (eligibility requirements) listed below. ## Conditions Based on the public policy considerations, delegated officers may grant permanent residence to applicants who meet the following conditions: The foreign national must: 1. Have completed, prior … The foreign national applied in accordance with the instructions for the *Temporary public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside of Quebec, with a recent credential from a Canadian post-secondary institution*, which came into effect on May 6, 2021, and the electronic system created by Immigration, Refugees and Citizenship Canada (IRCC) to accept applications indicated and accepted their application as being submitted prior to the cap on intake being reached, even if the cap had actually been reached; 9. Any applicable fees, including fees … Regulations – the requirement for all applicants for permanent residence to undergo a medical examination. ## Start and end dates This public policy takes effect upon my signature. As with all public policies, this public policy may be revoked by the Minister, without prior notice. The Honourable Marco Mendicino Minister of Immigration, Refugees and Citizenship Dated at Ottawa, June 28th, 2021 ## Page details 2022-05-18 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/en/immigration","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-b3327dfb1264d940878c","countryCode":"CA","country":"Canada","title":"Temporary public policy exempting some foreign nationals in Canada from requiring an immigration medical exam","policyEffect":"Immigration, Refugees and Citizenship Canada (IRCC) has put in place a temporary public policy that exempts some low-risk, in-Canada foreign nationals and their family members from having to complete an additional immigration medical exam as part of their application for permanent residence or for a permanent resident visa.","operativeDate":"2021-06-28","year":2021,"affectedGroup":"In-canada foreign nationals and their family members applying for permanent residence or for a permanent resident visa","materialConditionsAndExceptions":"","policyCategory":"Admission / health screening","policyTool":"Medical examination exemption","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies.html","preciseCitation":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies.html; https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/temporary-public-policy-exempting-some-foreign-nationals-canada-requiring-immigration-medical-exam.html","evidencePassage":"exempts some low-risk, in-Canada foreign nationals from having to complete an additional immigration medical exam as part of their application for permanent residence or for a permanent resident visa. … [Temporary public policy to exempt certain in-Canada foreign nationals from the immigration medical examination requirement](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/exempt-certain-in-canada-foreign-nationals-immigration-medical-examination-requirement.html) 28 June 2021 … applies to in-Canada foreign nationals who … A foreign national’s family members who live in Canada may also be eligible under this temporary public policy if they meet the criteria listed above. … When applying for permanent residence or for a permanent resident visa, applicants must provide an immigration medical exam or a unique medical identifier number from their previous medical exam. IRCC will contact individuals whose results cannot be used to discuss next steps.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-e83a2674d58b8a41448d","countryCode":"CA","country":"Canada","title":"Express Entry Invitation to Apply (ITA) Submission Period Restored to 60 Days","policyEffect":"IRCC reverted the Express Entry submission timeframe for the electronic Application for Permanent Residence (e-APR) from 90 days back to the pre-pandemic standard of 60 calendar days.","operativeDate":"2021-06-29","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Other, residence","policyTool":"Documentation","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/changes-invitation-apply-period-express-entry.html","preciseCitation":"canada.ca. Express Entry Invitation to Apply (ITA) Submission Period Restored to 60 Days. Effective 2021-06-29.","evidencePassage":"period under Express Entry **Ottawa, June 29, 2021**—As of June 29, 2021, Immigration, Refugees and Citizenship Canada (IRCC) will once again give Express Entry candidates who receive an invitation to apply 60 days to submit their application for permanent residence. At the start of the pandemic, the invitation to apply period for permanent residence was increased from 60 to 90 days to provide clients with additional time to prepare their applications, in response to challenges they faced in acquiring the necessary documentation. As Canada continues to welcome more newcomers, as outlined in the multi","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0a60543e8da45f70edc5","countryCode":"CA","country":"Canada","title":"Expansion of the Student Direct Stream (SDS) to Seven New Countries","policyEffect":"IRCC expanded the Student Direct Stream (SDS) to legal residents of seven new countries in the Americas (Antigua and Barbuda, Brazil, Colombia, Costa Rica, Peru, St. Vincent and the Grenadines, and Trinidad and Tobago), enabling eligible post-secondary students to access expedited study permit processing via upfront documentation.","operativeDate":"2021-07-09","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Vincent and the Grenadines, and Trinidad and Tobago), enabling eligible post-secondary students to access expedited study permit processing via upfront documentation.","policyCategory":"Student","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2021/07/student-direct-stream-expanded-in-the-americas.html","preciseCitation":"canada.ca. Expansion of the Student Direct Stream (SDS) to Seven New Countries. Effective 2021-07-09.; Immigration, Refugees and Citizenship Canada, Canada expands the Student Direct Stream to support international students from the Americas, Government of Canada, July 9, 2021.","evidencePassage":"citizenship.html) 3. [Newsroom](https://www.canada.ca/en/immigration-refugees-citizenship/news.html) # **Student Direct Stream expanded in the Americas** From: [Immigration, Refugees and Citizenship Canada](https://www.canada.ca/en/immigration-refugees-citizenship.html) ## News release As we emerge from the global pandemic in the months ahead, Canada’s International Student Program can play an important role in our economic recovery. **Faster study permit application option is now available in 7 Caribbean and Central and South American countries** **July 9, 2021—Ottawa—**As we emerge from the global pandemic in the months ahead, Canada’s International Student Program can play an important role in our economic recovery. That is why, starting today, applicants will be able to apply for a study permit using the Student Direct Stream (SDS) if they live in: - Antigua and Barbuda - Brazil - Colombia - Costa Rica - Peru - St. Vincent and the Grenadines - Trinidad and Tobago The SDS was launched in 2018 as an option to support faster processing for eligible post-secondary students. Through the SDS, an applicant provides additional information up front, allowing officers to make a thorough assessment … and final decision quickly. With the additional countries announced today, Immigration, Refugees and Citizenship Canada (IRCC) is now offering the SDS to students in a total of 14 countries. IRCC is committed to the continued expansion of the SDS in support of Canada’s [International Education Strategy (2019–2024)](https://www.international.gc.ca/education/strategy-2019-2024-strategie.aspx?lang=eng#4) and its goal of welcoming more international students from a broad range of source countries. International students who are currently abroad and looking to begin or resume their studies in person","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5735ae912adb7a514a9b","countryCode":"CA","country":"Canada","title":"Launch of a Dedicated Refugee Stream for Human Rights Defenders","policyEffect":"Canada implemented a permanent, dedicated refugee stream to provide safe haven for human rights defenders at risk, capped at 250 resettlements per year under the Government-Assisted Refugees Program.","operativeDate":"2021-07-16","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2021/07/minister-mendicino-launches-a-dedicated-refugee-stream-for-human-rights-defenders.html","preciseCitation":"canada.ca. Launch of a Dedicated Refugee Stream for Human Rights Defenders. Effective 2021-07-16.; Immigration, Refugees and Citizenship Canada, Canada launches new refugee stream for human rights defenders, Government of Canada, July 16, 2021.","evidencePassage":". Mendicino, Minister of Immigration, Refugees and Citizenship, today announced the launch of a dedicated refugee stream to provide a safe haven for human rights defenders at risk who are fleeing persecution in their home country. Canada will become one of the first countries to offer a dedicated, permanent pathway for human rights defenders, and will resettle up to 250 human rights defenders per year, including their family members, through the Government-Assisted Refugees Program. The Government of Canada will work with Front Line Defenders and ProtectDefenders.eu, alongside other Canadian and international partners, including the United Nations Refugee Agency, to identify human rights defenders who face security risks and are in need of resettlement, and to find solutions for human rights defenders in need of protection. This will include a particular focus on people at heightened risk, such as women, journalists and LGBTQ2 human rights defenders. International experts and advocates have called for dedicated protection measures for human rights defenders. With today’s announcement, Canada is helping to provide more options to human rights defenders in need of protection so that","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-83ecebe8b6ac3a2a6ca8","countryCode":"CA","country":"Canada","title":"Announcement and Criteria for 2021 Parents and Grandparents Program (PGP) Intake","policyEffect":"Sets the operational criteria and timeline for the 2021 Parents and Grandparents Program (PGP), issuing up to 30,000 invitations to apply (ITAs) to randomly selected potential sponsors who submitted an Interest to Sponsor form in autumn 2020.","operativeDate":"2021-07-20","year":2021,"affectedGroup":"Parents and grandparents of canadian citizens and permanent residents","materialConditionsAndExceptions":"Validated condition or limit: Sets the operational criteria and timeline for the 2021 Parents and Grandparents Program (PGP), issuing up to 30,000 invitations to apply (ITAs) to randomly selected potential sponsors who submitted an Interest to Sponsor form in autumn 2020.","policyCategory":"Family reunification","policyTool":"Intake quota / application criteria","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2021/07/canada-opening-parents-and-grandparents-program-to-accept-up-to-30000-applications.html","preciseCitation":"Immigration, Refugees and Citizenship Canada, Canada opening Parents and Grandparents Program to accept up to 30,000 applications, Government of Canada, July 20, 2021.","evidencePassage":"contribute to our success as a country. Building on the success of the PGP Program in recent years, the Honourable Marco E. L. Mendicino, Minister of Immigration, Refugees and Citizenship, today announced that Immigration, Refugees and Citizenship Canada (IRCC) will invite a record number of people to apply under the 2021 intake of the Program. IRCC will accept up to 30,000 additional applications, giving more Canadians and permanent residents than ever before the opportunity to bring their loved ones to Canada. Using the same random selection process as used in previous years, IRCC will send … invitations to potential sponsors who have already submitted an interest to sponsor form in 2020. This will give additional interested sponsors the opportunity to bring their parents and grandparents to Canada. Invitations to apply will be sent over the course of 2 weeks, starting the week of September 20, 2021. Those invited to apply as part of this process will be able to use our new Permanent Resident Digital Intake tool, which allows applications to be submitted electronically. This is part of our commitment to modernize Canada’s immigration system, and will speed up and simplify the application process. We know that many Canadian families have experienced financial difficulties in the last year because of the pandemic. For this reason, we will continue to implement a more facilitative income requirement to ensure that more people can apply. For the 2020 tax year, the income requirement will continue to be the minimum necessary income, instead of the minimum necessary income plus 30%, and will allow regular Employment Insurance benefits and temporary COVID-19 benefits, such as the Canada Emergency Response Benefit, to be included towards the sponsor’s income. This measure will … Immigration, Refugees and Citizenship ## Quick facts - IRCC aims to receive up to 40,000 complete applications in 2021—10,000 from the 2020 intake process and 30,000 from 2021. - IRCC invites more people to apply than the number of applications we aim to receive because not all sponsors who are invited to apply submit an application. - Those not invited to apply may consider applying for a super visa, which would allow a parent or grandparent to visit them in Canada for up to 2 years at a time, without the need to renew their status. A super visa allows multiple entries for up to 10 years. - Invitations","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-a7f080108a978026a1c4","countryCode":"CA","country":"Canada","title":"Updated Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area (GTA)","policyEffect":"Extends and modifies the temporary public policy facilitating access to permanent resident status for up to 500 out-of-status construction workers (plus eligible family members) in the Greater Toronto Area (GTA).","operativeDate":"2021-07-30","year":2021,"affectedGroup":"Out-of-status construction workers in the gta and their family members","materialConditionsAndExceptions":"Validated condition or limit: Extends and modifies the temporary public policy facilitating access to permanent resident status for up to 500 out-of-status construction workers (plus eligible family members) in the Greater Toronto Area (GTA).","policyCategory":"Status regularization / economic migration","policyTool":"Temporary public policy under irpa s.25.2","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/construction-workers-gta-2021.html","preciseCitation":"Immigration, Refugees and Citizenship Canada, Temporary public policy to further facilitate access to permanent resident status for out-of-status construction workers in the Greater Toronto Area (GTA), Government of Canada, July 30, 2021.","evidencePassage":"Updated: Temporary public policy to further facilitate access to permanent resident status for out-of-status construction workers in the Greater Toronto Area (GTA) ## We have archived this page and will not be updating it. You can use it for research or reference. ## We have archived this page and will not be updating it. You can use it for research or reference. × overlay **Note:** This public policy has expired. ## Background On January 2, 2020, the *Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area (GTA)* was implemented*.* That public policy was developed to recognize the economic contribution of long-term resident construction workers and has sought to regularize individuals who have been contributing to the Canadian economy by filling a regional labour market need. At the same time, that public policy was addressing the vulnerable position of these workers due to their lack of immigration status. This temporary public policy has the same objectives and will further facilitate access to permanent resident status for 500 construction workers in the GTA plus their family members (the 500 application cap includes the principal applicants whose … further incentivize this population to regularize their status in Canada. As such, I hereby establish that, pursuant to my authority under section 25.2 of the *Immigration and Refugee Protection Act* (the Act), that there are public policy considerations that justify the granting of permanent residence to principal applicants and their family members in Canada if these foreign nationals meet the applicable conditions (eligibility requirements) listed below. I further establish that there are public policy considerations that justify the granting of an exemption from the provisions of the *Immigration and Refugee Protection Regulations* (the Regulations) listed below to foreign nationals who are family members of the principal applicant who meet the conditions (eligibility requirements) for family members outside Canada. ## Conditions (eligibility requirements) applicable to the principal applicants Based on public policy considerations, delegated officers may grant permanent residence status to foreign nationals who meet the following conditions, up to a cap of 500 applications (the 500 cap includes principal applicants whose applications have already been approved under the *Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area*). Foreign National who: 1. Legally entered Canada as a temporary resident; 2. Has continuously resided in Canada for at least five years on the date of their application; 3. At the time of the eligibility assessment by the Canadian Labour Congress (CLC), is working without authorization in the construction industry in the GTA and has accumulated, and be able to provide evidence of, three years full-time work experience within the past five years in construction in the GTA in the occupations referenced in Annex A; 4. Has family (mother, father, brother, sister, grandmother, grandfather, grandchild, aunt, uncle, niece, nephew or cousin) living in Canada who is a Canadian citizen or permanent resident, or has a spouse, common-law partner or child in Canada; 5. Has a referral letter signed by the CLC attesting that the applicant meets the above eligibility conditions or a letter signed by the CLC attesting that the applicant meets the eligibility conditions of the *Temporary Public Policy for Out-of-Status Construction Workers in the GTA*; however, it is the delegated officer who will make the final … *Fees:** Any applicable fees, including fees for processing an application for permanent residence under subsection 25.2(1) of the Act as well as applicable Right of Permanent Residence Fee, must be paid. **Greater Toronto Area (GTA) as defined by Statistics Canada – Toronto Economic Region**: City of Toronto, Durham Region, Halton Region, Peel Region, York Region. **Start and End Date**: This public policy takes effect on July 30, 2021, and applies to applications received by IRCC on or after that date. This public policy will end on January 2, 2023 or once 500 principal applicants (plus their","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-fdfc0afe1c2e4ab99783","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (Seizure Provisions) — SOR/2021-202","policyEffect":"Streamlines Part 16 (Seizures) of the IRPR, establishing revised notification requirements when immigration officers seize things (including documents/assets) under subsection 140(1) of IRPA, and repealing former cash security return provisions (section 254).","operativeDate":"2021-08-12","year":2021,"affectedGroup":"Foreign nationals subject to border or enforcement investigations","materialConditionsAndExceptions":"","policyCategory":"Border controls / enforcement / administrative procedures","policyTool":"Document and property seizure rules","sourceName":"Canada Gazette Directorate, Public Services and Procurement Canada","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2021/2021-09-01/html/sor-dors202-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 155, Number 18, Regulations Amending the Immigration and Refugee Protection Regulations, SOR/2021-202.; SOR/2021-202, Canada Gazette Part II, Vol. 155, No. 18 (Registration: August 12, 2021).","evidencePassage":"the annexed Regulations Amending the Immigration and Refugee Protection Regulations. Regulations Amending the Immigration and Refugee Protection Regulations Amendment 1 Sections 253 to 258 of the Immigration and Refugee Protection Regulations footnote 1 are replaced by the following: Notice of seizure — person from whom seized 253 (1) An officer who seizes a thing under subsection 140(1) of the Act shall provide written notice to the person from whom it was seized, including the grounds for the seizure. Notice of seizure — lawful owner (2) If the person from whom the thing was seized is not the lawful owner, the officer shall make reasonable efforts to identify the lawful owner and to give the lawful owner written notice of, and the grounds for, the seizure. If the notice is provided by mail, notification is deemed to have been provided on the seventh day after the day on which the notice was mailed. Application for return — person from whom seized 254 (1) If a thing was seized on the ground that it was fraudulently or improperly obtained or used, or that the seizure was necessary to prevent its fraudulent or improper use, the person from whom it was seized may apply for its return … , whether that is due to an application for return that is denied or in a case where an application was never made (not contemplated by the previous provisions). This is in contrast to the current regulatory provisions which only capture the scenario where an application for return is denied. The provisions themselves impose no new requirements on individuals, but merely state more clearly the procedures already in place for the disposal of items not returned. Therefore, there is no expected impact. Repeal: Application for return with a cash security Under the amendments, the provisions related to the application for return with a cash security and/or guarantee of performance (i.e. the existing section 254 of the IRPR) have been repealed. The original policy intent behind these provisions was to provide more timely access to a seized thing while allowing for a simultaneous application to be made for its outright return. For instance, if an item were to be seized, and its seizure is no longer required for the purposes of the Act, the applicant could in certain circumstances seek to post a cash security equal to the fair market value of the item at the time of the seizure in an effort to have the item returned provisionally pending a formal decision on the application for return. The amendments include a provision that requires all applications to be processed as soon as feasible, thereby providing for the timely return of all seized items in accordance with the IRPR without requiring a cash security or guarantee of performance. With the elimination of this provision, there will only be one procedure for the outright return of an item. Furthermore, in practice, most seizures are document seizures, and, as such, they are not eligible for return with a cash deposit and/or guarantee","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-2a27cbf7337287135658","countryCode":"CA","country":"Canada","title":"Establishment of the Special Afghan Resettlement Programs","policyEffect":"Canada launched special resettlement programs for Afghan nationals who contributed to Canada's efforts or fall into specific vulnerable categories, offering expedited processing.","operativeDate":"2021-08-13","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2021/08/canada-expands-resettlement-program-to-bring-more-afghans-to-safety.html","preciseCitation":"Canada.ca. Establishment of the Special Afghan Resettlement Programs. Effective 2021-08-13.; Immigration, Refugees and Citizenship Canada, Canada expands resettlement program to welcome 20,000 vulnerable Afghan foreign nationals, Government of Canada, August 13, 2021.","evidencePassage":", here and across the world are working around the clock to bring as many people as possible to safety. As the Taliban continues to take over more of Afghanistan, Afghans’ lives are under threat—and many have already fled the country. To help address the growing humanitarian crisis, the Honourable Marco E. L. Mendicino, Minister of Immigration, Refugees and Citizenship, the Honourable Harjit S. Sajjan, Minister of National Defence, and the Honourable Marc Garneau, Minister of Foreign Affairs, today announced that Canada will resettle 20,000 vulnerable Afghans threatened by the Taliban and forced to flee Afghanistan. Canada will continue to implement the special immigration program for Afghans who contributed to Canada’s efforts in Afghanistan. In addition, we will introduce a special program to focus on particularly vulnerable groups that are already welcomed to Canada through existing resettlement streams, including women leaders, human rights defenders, journalists, persecuted religious minorities, LGBTI individuals, and family members of previously resettled interpreters. The program will welcome government-supported and privately sponsored refugees, along with those sponsored by family already in Canada. By welcoming these Afghans, Canada will help ease the burden that Afghanistan’s neighbours are shouldering and offer these individuals a permanent home here. We will be engaging with our international and domestic partners, private sponsors and settlement organizations to begin implementing the new program. While applicants must meet all the usual admissibility requirements, processing timelines will be expedited. As with previous large-scale resettlement efforts, we welcome the support of the many Canadians who want to lend a hand. For example, we’re expanding our","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-36a4ea2f9510a0890399","countryCode":"CA","country":"Canada","title":"Bridging Open Work Permit (BOWP) Eligibility Expansion to Quebec Economic Streams","policyEffect":"Expands Bridging Open Work Permit (BOWP) eligibility under the International Mobility Program (code A75) to skilled worker permanent residence applicants destined for Quebec who hold a Quebec Selection Certificate (CSQ).","operativeDate":"2021-08-31","year":2021,"affectedGroup":"Quebec economic class permanent residence applicants with a csq","materialConditionsAndExceptions":"Validated condition or limit: Expands Bridging Open Work Permit (BOWP) eligibility under the International Mobility Program (code A75) to skilled worker permanent residence applicants destined for Quebec who hold a Quebec Selection Certificate (CSQ).","policyCategory":"Temporary work / economic migration","policyTool":"Operational instructions update / bowp expansion","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates/2021-bowp-quebec.html","preciseCitation":"Immigration, Refugees and Citizenship Canada, Program delivery update: Bridging open work permits for Quebec economic class applicants, Government of Canada, August 31, 2021.","evidencePassage":"residents, more than doubling the approximately 12,000 admitted in 2020 amid significant pandemic-related restrictions. For the first 3 months of 2022, more than 7,000 have been admitted, outpacing the 5,700 admitted in the first 3 months of 2021. - In August 2021, Immigration, Refugees and Citizenship Canada also extended the eligibility for bridging open work permits to include foreign nationals who were already working temporarily in Quebec and who had submitted an application for permanent residence as a Quebec skilled worker. This allowed workers to continue pursuing their careers while waiting","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-88174329519fbee3aa61","countryCode":"CA","country":"Canada","title":"Expiration of Broad COVID-19 Restoration Public Policy","policyEffect":"The temporary public policy which exempted out-of-status visitors, students, and workers from the standard 90-day restoration of status period expired.","operativeDate":"2021-08-31","year":2021,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"","policyCategory":"Residence, student, skilled work","policyTool":"Eligibility","sourceName":"Canada.ca IRCC News","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/public-policy-extended-restore-status.html","preciseCitation":"Canada.ca IRCC News. Expiration of Broad COVID-19 Restoration Public Policy. Effective 2021-08-31.; Immigration, Refugees and Citizenship Canada, Expiration of temporary public policy to restore temporary resident status, Government of Canada, August 31, 2021.","evidencePassage":"https://www.canada.ca/en/immigration-refugees-citizenship/news.html) 4. [Notices](https://www.canada.ca/en/immigration-refugees-citizenship/news/notices.html) # Public policy extended for temporary residents applying to restore status **Ottawa, December 31, 2020—**Effective January 1, 2021, Immigration, Refugees and Citizenship Canada is renewing a temporary public policy that provides more time for temporary residents to apply to restore their legal status in Canada. This public policy, which has been in place since July 2020 but was set to expire, recognizes that many temporary residents in Canada have been affected by worldwide health- and travel-related restrictions, and may need to remain in Canada for longer than they anticipated. Under the public policy, visitors, students and workers whose valid temporary status expired, or expires, between January 30, 2020, and May 31, 2021, will have until August 31, 2021, to [restore their status](https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/restoration-extension-trv.html). In addition, the public policy will continue to allow former work permit holders applying for an employer-specific work permit to","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-e715628cdfc352750216","countryCode":"CA","country":"Canada","title":"Mandatory Electronic Filing for Temporary Resident Applications","policyEffect":"Ministerial instructions mandate that all new applications for temporary resident visas (including a transit visa), work permits, and study permits submitted by foreign nationals who are outside Canada must be filed using electronic means, with specific exceptions.","operativeDate":"2021-09-01","year":2021,"affectedGroup":"Foreign nationals who are outside canada at the time of application submitting new applications for a temporary resident visa (including a transit visa), a work permit or a study permit","materialConditionsAndExceptions":"Validated condition or limit: Ministerial instructions mandate that all new applications for temporary resident visas (including a transit visa), work permits, and study permits submitted by foreign nationals who are outside Canada must be filed using electronic means, with specific exceptions.","policyCategory":"Student, skilled work","policyTool":"Documentation","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2021/2021-08-28/html/notice-avis-eng.html","preciseCitation":"","evidencePassage":"All applications for a temporary resident visa (including a transit visa), a work permit or a study permit submitted by foreign nationals who are outside Canada at the time of application must be submitted using electronic means (apply online). … These Instructions take effect on September 1, 2021, and expire March 31, 2022.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-71fde5809ca1456d4bc8","countryCode":"CA","country":"Canada","title":"Border Reopening and Quarantine Exemption for All Fully Vaccinated International Travelers","policyEffect":"Opens Canadian borders for discretionary (non-essential) travel to all fully vaccinated foreign nationals from any country who received a Canada-approved vaccine at least 14 days prior to entry, eliminating mandatory 14-day quarantine.","operativeDate":"2021-09-07","year":2021,"affectedGroup":"Fully vaccinated international travelers from all countries","materialConditionsAndExceptions":"Validated condition or limit: Opens Canadian borders for discretionary (non-essential) travel to all fully vaccinated foreign nationals from any country who received a Canada-approved vaccine at least 14 days prior to entry, eliminating mandatory 14-day quarantine.","policyCategory":"Border control / entry rules","policyTool":"Public health border directive / order in council","sourceName":"Public Health Agency of Canada","sourceUrl":"https://www.canada.ca/en/public-health/news/2021/09/canada-opens-borders-to-fully-vaccinated-travellers-from-any-country.html","preciseCitation":"Public Health Agency of Canada, Canada opens borders to fully vaccinated travellers from any country, Government of Canada, September 3, 2021.","evidencePassage":"/services/life-events/child/register-birth.html) - [Apply for a SIN](https://www.canada.ca/en/employment-social-development/services/sin.html) ## You are here: 1. [Canada.ca](https://www.canada.ca/en.html) 2. [Canada Border Services Agency](https://www.canada.ca/en/border-services-agency.html) # **Travel Advisory: REMINDER – On September 7, new measures for fully vaccinated international travellers to Canada will come into force ** From: [Canada Border Services Agency](https://www.canada.ca/en/border-services-agency.html) ## News release As was announced on July 19, the Government of Canada will allow fully vaccinated foreign nationals meeting the conditions to enter Canada for discretionary (non-essential) purposes starting on September 7, 2021 September 3, 2021 Ottawa, Ontario As was announced on July 19, the Government of Canada will allow [fully vaccinated](https://travel.gc.ca/travel-covid/travel-restrictions/covid-vaccinated-travellers-entering-canada?utm_campaign=cbsa-asfc-covid19-21-22&utm_source=news&utm_medium=pog&utm_content=exemptions_sep21_en123) foreign nationals meeting the conditions to enter Canada for discretionary (non-essential) purposes starting on September 7, … 0.19% (112 positive tests out of 58,878 completed). While cases are currently increasing in Canada, the illness severity and hospitalization rates remain manageable as Canada’s vaccination rates continue to rise. This data along with continued adherence to public health measures by Canadians and incoming travellers, means that Canada is better able to prevent outbreaks of infection and can now allow more incoming fully vaccinated travellers without increasing the risk to the health and safety of Canadians. Beginning at **12:01 am EDT on September 7, 2021**, fully vaccinated foreign nationals … will be eligible to enter Canada for discretionary (non-essential) reasons, such as tourism; however, these individuals **must**: 1. [be fully vaccinated](https://travel.gc.ca/travel-covid/travel-restrictions/covid-vaccinated-travellers-entering-canada?utm_campaign=cbsa-asfc-covid19-21-22&utm_source=news&utm_medium=pog&utm_content=exemptions_sep21_en123): a traveller must have received, and show proof of, the full series of a vaccine — or combination of vaccines — [accepted by the Government of Canada](https://www.canada.ca/en/health-canada/services/drugs-health-products/covid19-industry/drugs … not have to quarantine while awaiting the result. Failure to adhere to random testing, if selected, may result in fines. There are no changes to the mandatory testing requirements for unvaccinated travellers. All travellers, regardless of vaccination status, still require a valid pre-arrival COVID-19 molecular test result. **Vaccinated parents travelling with unvaccinated children **Since August 9, unvaccinated children under 12 years of age of fully vaccinated parents and/or guardians are exempt from quarantine when accompanied by their fully vaccinated parent(s)/guardian(s), but must follow","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-7bb0b6eaf5e1a923865d","countryCode":"CA","country":"Canada","title":"Re-issuance of Exemption Policy for Excluded Family Members (IRPR 117(9)(d) and 125(1)(d))","policyEffect":"IRCC re-issued a temporary public policy exempting sponsored family members from the lifetime bar regarding non-disclosure or non-examination during the sponsor's initial permanent residence application.","operativeDate":"2021-09-09","year":2021,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Family","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/excluded-2021.html","preciseCitation":"Canada.ca. Re-issuance of Exemption Policy for Excluded Family Members (IRPR 117(9)(d) and 125(1)(d)). Effective 2021-09-09.","evidencePassage":"challenges that has affected analysis of the public policy. Consequently, to allow for continued facilitation of these cases and further monitoring it is necessary to put in place a subsequent public policy that will come into effect when the original policy expires. ## Public Policy Considerations A subsequent public policy with the same eligibility criteria will allow the Department to continue to facilitate the immigration into Canada of certain foreign nationals applying in the Family Class or the Spouse or Common-Law Partner in Canada class and whose sponsor applied for, and obtained permanent resident status as a Convention refugee or a person in similar circumstances, as a protected person or who were sponsored as a spouse, a common-law partner, a conjugal partner or a dependent child. These foreign nationals, if they comply with the below specified conditions, will be exempted from paragraph 117(9)(d) or 125(1)(d) of the Regulations. These foreign nationals are the most vulnerable populations impacted by the sponsorship bar, and to continue granting them an exemption represents a minimal risk to program integrity. The low program integrity risk in this case is due to the fact … As such, I hereby establish that, pursuant to my authority under section 25.2 of the Act, there are public policy considerations that justify continuation of the granting of an exemption from the application of paragraph 117(9)(d) or 125(1)(d) of the Regulations to foreign nationals who meet the conditions (eligibility requirements) listed below. ## Conditions (Eligibility Requirements) Based on public policy considerations, delegated officers may grant an exemption from the requirements of the provisions of the Regulations listed below to a foreign national who meets all of the following conditions (eligibility requirements): - The foreign national has applied as a spouse or a common-law partner in the Spouse or Common-Law Partner in Canada class or as a spouse, a common-law partner, a conjugal partner or a dependent child in the Family Class; - The foreign national has a sponsor who applied for and was granted permanent residence status: 1. As a Convention refugee or a person in similar circumstances; or, 2. After having been determined to be a protected person; or, 3. As a sponsored spouse, common-law partner, conjugal partner, or dependent child as a member or the Family Class … the foreign national was a non-accompanying family member of the sponsor and was not examined. **All admissibility provisions and other eligibility requirements** not exempted above are applicable. **Fees:** Where applicable, the standard fees for processing applications in the Family Class or the Spouse or Common-law Partner in Canada Class must be paid. **For applicants whose sponsor resides in the province of Quebec,** the requirement to have a sponsor who has given a sponsorship undertaking to the Government of Quebec continues to apply. **Start Date and End Date**: This public policy takes … effect on September 9, 2021, the expiration date of *Public Policy to Facilitate the Immigration of Certain Sponsored Foreign Nationals Excluded under Paragraph 117(9)(d) or 125(1)(d) of the Immigration and Refugee Protection Regulations,* and ends on September 9, 2023. Applications where a final decision has not been made before September 9, 2021 will be processed under this public policy. As with all public policies, this public policy may be cancelled at any time. Marco Mendicino Minister of Citizenship and Immigration Dated at Ottawa, August 14, 2021 ## Page details 2023-09-15 ## About this","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-639a1a4a19c8b85a8f6d","countryCode":"CA","country":"Canada","title":"Temporary Public Policy for Resettlement of NATO's Afghan Locally Engaged Staff","policyEffect":"Implementation of a temporary public policy granting exemptions under section 25.2 of the Immigration and Refugee Protection Act (IRPA) to facilitate the immediate immigration and permanent residency of certain NATO-affiliated Afghan locally engaged staff and their household members.","operativeDate":"2021-09-19","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/resettlement-staff-nato.html","preciseCitation":"Canada.ca. Temporary Public Policy for Resettlement of NATO's Afghan Locally Engaged Staff. Effective 2021-09-19.","evidencePassage":"Engaged Staff of the North Atlantic Treaty Organization* recognizes the high vulnerability and elevated risk faced by individuals who worked with a western military organisation. This new temporary public policy will facilitate the immigration of individuals identified by NATO for their potential resettlement in Canada as members of the Convention Refugee Abroad Class of the *Immigration and Refugee Protection Regulations* (“the *Regulations”*). I hereby establish that, in light of the foregoing, there are sufficient public policy considerations to justify granting exemptions, pursuant to section 25.2 of the *Immigration and Refugee Protection Act* (“the *Act*”), to the requirements of the provisions of the *Regulations* listed below for Afghan nationals who were locally engaged staff of NATO, and the accompanying members of their family or household members, who apply for a permanent resident visa as members of the Convention Refugee Abroad Class and meet the conditions set out below. ## Conditions (eligibility requirements) applicable to Afghan nationals associated with the North Atlantic Treaty Organization: Delegated officers may grant an exemption to a foreign national from the … requirements of the *Regulations* identified below who meets the following conditions: 1. The Afghan national is included on a list (“the List”) submitted to the Department of Citizenship and Immigration Canada (Department) by NATO which conforms to the parameters set out in the Memorandum of Understanding between the Department and NATO. ## Requirements of the provisions of the *Regulations* for which an exemption may be granted: - paragraph 139(1)(g) of the *Regulations*– the requirement to be able to become successfully established in Canada; - subsection 140.3(1) of the *Regulations* – the … requirement to submit a referral from a referral organization with their permanent resident application; - subsection 140.3(4) of the *Regulations –* the requirement to submit their permanent resident application to the immigration office that serves the foreign national’s place of residence; - paragraphs 151(b) and (c) of the *Regulations* – the requirement to meet the conditions of these paragraphs to be issued a temporary travel document; and, - section 307 of the *Regulations* – the requirement to pay the application processing fee for examining circumstances under subsection 25.2(1) of the Act. ## Other statutory eligibility and admissibility requirements: Foreign nationals eligible under this public policy are subject to all other applicable statutory eligibility and admissibility requirements not addressed by this temporary public policy or otherwise exempted. Applicants intending to reside in Quebec are subject to the Province of Quebec’s selection criteria further to subsection 70(3) of the Regulations, and cannot be granted permanent residence unless Quebec determines that they meet such criteria. ## Coming into effect and expiration This temporary public policy takes effect on the date of my signature and it may be revoked at any time. The public policy ends on January 31, 2022, or once applications for resettlement to Canada for 150 foreign nationals have been approved. All applications received on or before the expiry or revocation date will be processed under this public policy. The Honourable Marco E. L. Mendicino, P.C., M.P. Minister of Citizenship and Immigration Dated at Ottawa, this 19th day of September, 2021 ## Page details 2022-08-27 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-af50e65cc17072a61e3c","countryCode":"CA","country":"Canada","title":"Resettlement Pathway for Afghan Human Rights Defenders","policyEffect":"A temporary public policy was enacted to facilitate permanent residence pathways for vulnerable Afghan human rights defenders identified by Frontline Defenders and Protect Defenders.","operativeDate":"2021-09-30","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies.html","preciseCitation":"canada.ca. Resettlement Pathway for Afghan Human Rights Defenders. Effective 2021-09-30.","evidencePassage":"instructions-agreements/public-policies/exempt-prospective-refugee-claimants-updated.html) 6 October 2021 - [Temporary public policy for the resettlement of Afghan nationals from within Afghanistan identified by Frontline Defenders and Protect Defenders](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/afghan-nationals-resettlement-frontline-protect-defenders.html) 30 September 2021 - [Temporary public policy for the resettlement of certain locally engaged staff of the North Atlantic Treaty Organization](https://www","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b4bb914197c89ad7bab7","countryCode":"CA","country":"Canada","title":"Extension of In-Person Exemption for Inland Refugee Claimants","policyEffect":"IRCC extended a temporary public policy that exempts prospective in-Canada refugee claimants from the requirement to make their claims in-person. This maintains the remote, digital-filing service model previously established during the COVID-19 pandemic.","operativeDate":"2021-10-06","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: IRCC extended a temporary public policy that exempts prospective in-Canada refugee claimants from the requirement to make their claims in-person.","policyCategory":"Documentation","policyTool":"Documentation","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies.html","preciseCitation":"canada.ca. Extension of In-Person Exemption for Inland Refugee Claimants. Effective 2021-10-06.","evidencePassage":"policy for the resettlement of certain locally engaged staff of the North Atlantic Treaty Organization](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/resettlement-staff-nato-expanded.html) 18 October 2021 - [Updated: Temporary public policy to exempt prospective refugee claimants, in Canada, from the requirement to make a claim to an officer, in person, subsequent alternative service delivery model](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/exempt-prospective-refugee-claimants-updated.html) 6 October 2021 - [Temporary public policy for the resettlement of Afghan nationals from within Afghanistan identified by Frontline Defenders and Protect Defenders](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/afghan-nationals-resettlement-frontline-protect-defenders.html) 30 September 2021 - [Temporary public policy for the resettlement of certain locally engaged staff of the North Atlantic Treaty Organization](https://www","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-91398549385d4c2e06fd","countryCode":"CA","country":"Canada","title":"Changes to the pre-removal risk assessment for Afghanistan","policyEffect":"Individuals from Afghanistan who received a final negative decision from the Immigration and Refugee Board of Canada or the Federal Court, or a final PRRA decision from IRCC between October 19, 2020, and October 18, 2021, are exempt from the 12-month bar and may apply for a pre-removal risk assessment (PRRA).","operativeDate":"2021-10-18","year":2021,"affectedGroup":"Individuals from afghanistan who received a final negative decision from the immigration and refugee board of canada or the federal court, or a final prra decision from immigration, refugees and citizenship canada (ircc) from october 19, 2020 to october 18, 2021.","materialConditionsAndExceptions":"Validated condition or limit: Individuals from Afghanistan who received a final negative decision from the Immigration and Refugee Board of Canada or the Federal Court, or a final PRRA decision from IRCC between October 19, 2020, and October 18, 2021, are exempt from the 12-month bar and may apply for a pre-removal risk assessment (PRRA).","policyCategory":"Other","policyTool":"Enforcement","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/pre-removal-risk-assessment-afghanistan.html","preciseCitation":"","evidencePassage":"Individuals from Afghanistan may now be eligible to apply for a pre-removal risk assessment (PRRA) if they received a final negative decision from the Immigration and Refugee Board of Canada or the Federal Court, or a final PRRA decision from Immigration, Refugees and Citizenship Canada (IRCC) from October 19, 2020 to October 18, 2021. … For this reason, some individuals from Afghanistan are now exempt from the 12-month bar on applying for a PRRA, depending on when they received a decision on their refugee claim. … Individuals from Afghanistan who receive a final negative decision after October 18, 2021, are not eligible to apply for a PRRA for 12 months.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-2990d09573f271dd45de","countryCode":"CA","country":"Canada","title":"Afghan Families Resettlement Program Status Update","policyEffect":"The government updated and subsequently archived the temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who arrived under previous public policies.","operativeDate":"2021-10-25","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"Other","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies.html","preciseCitation":"canada.ca. Afghan Families Resettlement Program Status Update. Effective 2021-10-25.","evidencePassage":"policies/permanent-resident-visas-families-afghan-nationals-updated.html) 23 June 2022 - [Temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies - Archived](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/permanent-resident-visas-families-afghan-nationals.html) 25 October 2021 - [Temporary public policy for nationals of Morocco affected by the earthquake of September 8, 2023 - Archived](https://www.canada.ca/en/immigration","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b140b1241d1281e7d723","countryCode":"CA","country":"Canada","title":"Closure of Temporary Resident to Permanent Resident (TR to PR) Pathway","policyEffect":"The limited-time public policy pathway for temporary essential workers and international graduates to transition to permanent residence was closed to new applications.","operativeDate":"2021-11-05","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: The limited-time public policy pathway for temporary essential workers and international graduates to transition to permanent residence was closed to new applications.","policyCategory":"Residence","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/tr-pr-pathway.html","preciseCitation":"canada.ca. Closure of Temporary Resident to Permanent Resident (TR to PR) Pathway. Effective 2021-11-05.","evidencePassage":"--- title: \"Closed: Temporary public policies: Temporary resident to permanent resident pathway – About the program - Canada.ca\" meta: author: \"Immigration, Refugees and Citizenship Canada\" description: \"The temporary resident to permanent resident pathway was a limited-time pathway to permanent residence. This pathway closed on November 5, 2021. \" keywords: \"TR to PR Pathway, Pathway, essential worker, healthcare, graduates, PWGP, public policy\" --- - [Skip to main content](#wb-cont) - [Skip to \"About government\"](#wb-info) - [Switch to basic HTML version](?wbdisable=true) ## Language selection … services/immigration-citizenship.html) 3. [Live in Canada](https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada.html) # Closed: Temporary public policies: Temporary resident to permanent resident pathway – About the program Closed This pathway closed on November 5, 2021. You can check the status of your application by using the [Client Application Status tool](https://services3.cic.gc.ca/ecas/security.do?app=ecas&lang=en) or by [linking your application to your IRCC secure account](https://www.canada.ca/en/immigration-refugees-citizenship/services/application/account/link … apply.html) - [Optional: Open work permit](https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/tr-pr-pathway/open-work-permit.html) --- ## About the program The temporary resident to permanent resident pathway was a limited-time pathway to permanent residence. It was for certain temporary residents who were working in Canada and their families. You would have been eligible for permanent residence if - you had work experience in Canada in an essential occupation or the health or health services field or - you had recently graduated from a Canadian post-secondary","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b9f89b93c2ec430294f6","countryCode":"CA","country":"Canada","title":"Mandatory ArriveCAN Vaccine Disclosure for Essential Services","policyEffect":"Exempt essential service providers entering Canada, including truck drivers and certain temporary foreign workers, must submit vaccine status and proof of vaccination via the ArriveCAN portal.","operativeDate":"2021-11-30","year":2021,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Exempt essential service providers entering Canada, including truck drivers and certain temporary foreign workers, must submit vaccine status and proof of vaccination via the ArriveCAN portal.","policyCategory":"Skilled work","policyTool":"Documentation","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/public-health/news/2021/11/adjustments-to-canadas-border-and-travel-measures.html","preciseCitation":"canada.ca. Mandatory ArriveCAN Vaccine Disclosure for Essential Services. Effective 2021-11-30.","evidencePassage":"or arrival at the land border, or a previous positive COVID-19 molecular test taken within 10 and 180 days before arrival; - complete arrival (day 1) and post-arrival (day 8) testing; - quarantine for 14 days in a suitable place; and - submit all of the information above in ArriveCAN via the free mobile app or website. ## ArriveCAN: New requirements for essential travellers As of November 30, 2021, all exempt essential service providers will be required to identify their vaccination status in [ArriveCAN](https://www.canada.ca/en/public-health/services/diseases/coronavirus-disease-covid-19/arrivecan.html), regardless of whether or not they are allowed to enter as unvaccinated. ArriveCAN will prompt them to provide details on their vaccine(s), including manufacturer, country received and date received, and to upload their proof of vaccination. Exempt essential travellers include those travelling as/for: - most essential service providers (including most temporary foreign workers, emergency service providers and marine researchers); - cross-border work (e.g., you regularly cross the border to work); - medical and health care support (e.g., health care practitioner, to receive medical … care, or to transport medical equipment or supplies); - trade and transport (e.g., truck driver or crew member on any aircraft, shipping vessel, or train); and - people who live in integrated trans-border communities. If an exempt essential traveller previously created a reusable ArriveCAN receipt, they will be required to either download the latest version of the free ArriveCAN mobile app or sign in to the web version after November 30, 2021, and re-submit all of their information, including the newly required information on proof of vaccinations, to get a new exempt reusable ArriveCAN receipt","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp3-237ece59ddc0e213d5f1","countryCode":"CA","country":"Canada","title":"New Permanent Residence Pathway for Extended Family of Afghan Interpreters","policyEffect":"A new pathway to permanent residence was introduced for extended family members, including children, grandchildren, parents, grandparents, and siblings, of Afghan interpreters previously relocated to Canada under special immigration measures.","operativeDate":"2021-12-09","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Residence, family","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/extended-family-afghan-interpreters.html","preciseCitation":"canada.ca. New Permanent Residence Pathway for Extended Family of Afghan Interpreters. Effective 2021-11-24.","evidencePassage":"news.html) 4. [Notices](https://www.canada.ca/en/immigration-refugees-citizenship/news/notices.html) # Application process for pathway to permanent residence for extended families of Afghan interpreters now open **Ottawa, December 9, 2021**— The Government of Canada remains committed to bringing as many vulnerable Afghans as possible to safety. As part of our continued work to support Afghan refugees, we are opening [a new pathway](https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/afghanistan/permanent-residence-extended-family.html) for the extended family members of … Afghan interpreters who immigrated under previous measures. In 2009 and 2012, the Government of Canada introduced special measures for Afghan nationals who served as local staff, such as interpreters, in direct support of Canada’s combat mission in Kandahar. These measures provided individuals and their immediate family members with a pathway to permanent residence in Canada. They were put in place in recognition of the risk Afghans took to support Canada’s work in their country. While some of their extended family members may have come to Canada through existing programs over the years, othe … rs have not and may now be in a precarious position as a result of their relationship to the interpreters. To help ensure that these families can come to Canada, Immigration, Refugees, and Citizenship Canada (IRCC) has launched a new pathway to permanent residence for extended family members of those who previously came under the 2009 and 2012 policies. To be eligible, the extended family member must: - be an Afghan national - be outside Canada at the time of their application - have been in Afghanistan on or after July 22, 2021 - be an extended family member—defined as a child (regardless of … age), grandchild, parent, grandparent, or sibling—of an individual who was previously granted permanent residence as a principal applicant under the 2009 or 2012 public policies - provide a statutory declaration from a former interpreter who was previously granted permanent residence under one of the public policies in order to confirm their relationship - hold a travel or identity document or, if that cannot be obtained, provide a statutory declaration attesting to the applicant’s identity - submit their application using the forms that will be made available online for this program In additi … on to these new measures, we continue to prioritize applications of Afghan nationals who are in the process of sponsoring their immediate family members overseas, and dependents of protected persons abroad. ## Page details 2021-12-09 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html) - [Check your application status](https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-status.html)","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-cf256cd0fa03bffda09d","countryCode":"CA","country":"Canada","title":"Fee Exemptions and Status Extensions for Foreign Nationals Directly Affected by British Columbia Floods","policyEffect":"IRCC established a temporary public policy exempting certain foreign nationals directly affected by the floods in British Columbia from application processing and related fees for document replacements, status extensions, restorations, work or study permit renewals, temporary resident permits, and biometrics collection, while providing extended timelines for status restoration.","operativeDate":"2021-12-16","year":2021,"affectedGroup":"Foreign nationals directly affected by the floods in british columbia who held valid temporary resident status when flooding began","materialConditionsAndExceptions":"","policyCategory":"Student, skilled work","policyTool":"Fees","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/foreign-nationals-british-columbia-floods-2021.html","preciseCitation":"","evidencePassage":"exempt foreign nationals in British Columbia that were directly affected by the floods and who held valid temporary resident status in Canada when the flooding began from the requirement to pay the fees associated with the re-issuance of temporary resident status documents, fees for applications to extend or restore their status as temporary residents, renew work or study permits and, where applicable, the fees for the provision of services in relation to the collection of biometric information. The objective is also to provide those affected by the floods with more time to restore their temporary resident status, if needed. … This temporary public policy will take effect on the date of signature and will expire on May 31, 2022. … Dated at Ottawa, this 16th day of December 2021","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp-016af2c2f8dd183e545d","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (Atlantic Immigration Class) — SOR/2021-242","policyEffect":"Formally amends the Immigration and Refugee Protection Regulations (IRPR) to establish the Atlantic Immigration Class (section 87.3) as a permanent economic class of persons who may become permanent residents, transitioning the successful Atlantic Immigration Pilot into a permanent statutory program and clarifying lock-in dates for dependent children.","operativeDate":"2022-01-01","year":2022,"affectedGroup":"Skilled workers and international graduates destined for atlantic provinces","materialConditionsAndExceptions":"","policyCategory":"Permanent residence / economic immigration","policyTool":"Economic class creation / stream institutionalization","sourceName":"Canada Gazette Directorate, Public Services and Procurement Canada","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2021/2021-12-22/html/sor-dors242-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 155, Number 26, Regulations Amending the Immigration and Refugee Protection Regulations (Atlantic Immigration Class), SOR/2021-242.; Canada Gazette, Part II, Volume 155, Number 26: Regulations Amending the Immigration and Refugee Protection Regulations (Atlantic Immigration Class), SOR/2021-242 (December 13, 2021).; SOR/2021-242, Canada Gazette Part II, Vol. 155, No. 26 (Registration: December 13, 2021).","evidencePassage":"are amended by adding the following after section 87.2: Atlantic Immigration Class Class 87.3 (1) For the purposes of subsection 12(2) of the Act, the Atlantic immigration class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada. Member of class (2) A foreign national is a member of the Atlantic immigration class if they (a) are named in an endorsement certificate issued by the government of an Atlantic province — on or after the day on which this section comes into force — under an Atlantic immigrat … to the Regulations are modelled off the Ministerial Instructions that governed the pilot, with some key adjustments. They establish a new Atlantic Immigration Class, under the economic classes for applicants, as a pathway to permanent residence for foreign nationals who have the ability to become economically established in the Atlantic region and have the intent to reside in Atlantic Canada. In this way, the look and feel of the Regulations will vary from the pilot, given the regulations provide for a single immigration class, as opposed to the three separate program streams found in the pil … g skilled immigrants to Atlantic Canada to address demographic and economic needs, as well as to address retention issues in the region. Similar to the pilot, the permanent program will continue to help employers find skilled workers to fill jobs, so they can grow their businesses and the economy. The permanent program will also continue to complement the PNP by maintaining key program elements that distinguish the Atlantic Immigration Program as Canada’s flagship regional economic immigration program (e.g. aligning immigration with region-wide economic development strategies), and offering pr … r Class, published in the Canada Gazette, Part I, on March 4, 2017; (b) the Atlantic Canada Highly Skilled Worker Class established by the Ministerial Instructions Respecting the Atlantic Canada Highly Skilled Worker Class, published in the Canada Gazette, Part I, on March 4, 2017; or (c) the Atlantic Canada International Graduate Class established by the Ministerial Instructions Respecting the Atlantic Canada International Graduate Class, published in the Canada Gazette, Part I, on March 4, 2017. Coming into Force 10 These Regulations come into force on January 1, 2022, but if they are regist","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d814618396fee3035496","countryCode":"CA","country":"Canada","title":"Transition of the Atlantic Immigration Pilot to the Permanent Atlantic Immigration Program (AIP)","policyEffect":"The temporary Atlantic Immigration Pilot Program (AIPP) was replaced by the permanent Atlantic Immigration Program (AIP). New regulations include clarified partner roles, mandatory intercultural competency training for employers, and a requirement for individualized settlement plans for principal applicants.","operativeDate":"2022-01-01","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: New regulations include clarified partner roles, mandatory intercultural competency training for employers, and a requirement for individualized settlement plans for principal applicants.","policyCategory":"Residence","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2021/12/permanent-atlantic-immigration-program-to-attract-workers-and-drive-economic-growth.html","preciseCitation":"canada.ca. Transition of the Atlantic Immigration Pilot to the Permanent Atlantic Immigration Program (AIP). Effective 2022-01-01.; Immigration, Refugees and Citizenship Canada, \"Atlantic Immigration Program becomes permanent,\" News Release, December 17, 2021.","evidencePassage":"These new Canadians have helped communities thrive, businesses prosper and the region’s population grow. Building on the success of the pilot, the Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship, today announced the launch of the Atlantic Immigration Program. This new permanent program will officially open on January 1, 2022, helping the Atlantic provinces attract the skilled newcomers they need to address economic and demographic challenges, such as the labour shortage in the region. Originally launched in 2017, the Atlantic Immigration Pilot has now brought over 10,000 … new permanent residents to Atlantic Canada. Participating employers have made over 9,800 job offers in key sectors, including health care, accommodations, food services and manufacturing. Most significantly, over 90% of applicants were still living in the region after 1 year; a much higher retention rate than other programs. The permanent program retains the 3 features that made the pilot such a success: a focus on employers, enhanced settlement support and a collaborative approach across all Atlantic provinces. Immigration, Refugees and Citizenship Canada and the Atlantic provinces worked closely together to design the permanent program based on lessons learned and recommendations from the [pilot evaluation](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/reports-statistics/evaluations/eval-atlantic-immigration-pilot.html). The changes include clarifying roles between partners, increasing employer support through training and strengthening program requirements to ensure newcomers can successfully establish themselves in the region. Immigration, Refugees and Citizenship Canada is working closely with employers and provincial governments to ensure a smooth transition between the pilot and the permanent program. Candidates with a valid endorsement can begin submitting applications for permanent residence under the new program on March 6, 2022. ## Quotes > “Over the past few years, the Atlantic Immigration Pilot has made an incredible difference in communities across our region. It has brought us the resource we need most: more people. They’re skilled, they’re young and they’re staying. Now, we’re doubling down on what works by making it permanent, so we can continue attracting the best and brightest to our region and build a vibrant, prosperous future … It responded to the region’s acute demographic and economic challenges, including slow growth, chronic labour market shortages, an aging workforce, and difficulty attracting and retaining immigrants. - With at least 6,000 admission spaces available yearly, the Atlantic Immigration Program will complement the Provincial Nominee Programs in each Atlantic province. - In 2018–2019, the Atlantic provinces saw their highest population growth since the 1970s, with immigration, including from the pilot, being the main driver of this trend. - The regulations for the permanent Atlantic Immigration Program","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-4938176c99bf779cdd5e","countryCode":"CA","country":"Canada","title":"Mandatory Entry Vaccination Requirements for Previously Exempt Groups","policyEffect":"Implementation of strict COVID-19 vaccination requirements for entry into Canada, covering multiple classes of foreign nationals previously exempt from border vaccine mandates.","operativeDate":"2022-01-15","year":2022,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Implementation of strict COVID-19 vaccination requirements for entry into Canada, covering multiple classes of foreign nationals previously exempt from border vaccine mandates.","policyCategory":"Skilled work, student, family","policyTool":"Enforcement","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/public-health/news/2022/01/requirements-for-truckers-entering-canada-in-effect-as-of-january-15-2022.html","preciseCitation":"canada.ca. Mandatory Entry Vaccination Requirements for Previously Exempt Groups. Effective 2022-01-15.; Public Health Agency of Canada & Public Safety Canada, \"Requirements for exempt travellers entering Canada to change as of January 15, 2022,\" News Release, November 19, 2021.","evidencePassage":"World Health Organization Emergency Use Listing. The Government of Canada is also announcing that as of January 15, 2022, certain groups of travellers, who are currently exempt from entry requirements, will only be allowed to enter the country if they are fully vaccinated with one of the vaccines approved for entry into Canada. These groups include: - individuals travelling to reunite with family (unvaccinated children under 18 years of age will retain exemption if travelling to reunite with an immediate or extended family member who is a Canadian, permanent resident, or person registered under the *Indian Act*); - international students who are 18 years old and older; - professional and amateur athletes; - individuals with a valid work permit, including temporary foreign workers (outside of those in agriculture and food processing); and - essential service providers, including truck drivers. After January 15, 2022, unvaccinated or partially vaccinated foreign nationals will only be allowed to enter Canada if they meet the criteria for limited exceptions, which apply to certain groups such as agricultural and food processing workers, marine crew members, those entering on compassionate grounds, new permanent residents, resettling refugees and some children under the age of 18. Exempt unvaccinated travellers will continue to be subject to testing, quarantine, and other entry requirements. Non-exempt unvaccinated or partially vaccinated foreign nationals will be prohibited entry into Canada. Starting November 30, vaccination will be required for travel within and out of Canada. A valid COVID-19 molecular test will no longer be accepted as an alternative to vaccination unless travellers are eligible for one of the limited exemptions, such as a medical inability to be vaccinated","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-98f2dccb7839c1e3cf3e","countryCode":"CA","country":"Canada","title":"Emergency Border and Entry Compliance Measures","policyEffect":"Introduction of temporary enforcement rules under the Emergencies Act prohibiting entry to foreign nationals intending to participate in illegal blockades.","operativeDate":"2022-02-15","year":2022,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Enforcement","policyTool":"Enforcement","sourceName":"Government of Canada","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2022/2022-02-15-x1/html/sor-dors21-eng.html","preciseCitation":"Government of Canada. Emergency Border and Entry Compliance Measures. Effective 2022-02-15.","evidencePassage":"with trade; (b) the interference with the functioning of critical infrastructure; or (c) the support of the threat or use of acts of serious violence against persons or property. Minor (2) A person must not cause a person under the age of eighteen years to participate in an assembly referred to in subsection (1). Prohibition — entry to Canada — foreign national 3 (1) A foreign national must not enter Canada with the intent to participate in or facilitate an assembly referred to in subsection 2(1). Exemption (2) Subsection (1) does not apply to (a) a person registered as an Indian under the Indian … or to imprisonment for a term not exceeding five years or to both. Coming into force 11 This Order comes into force on the day on which it is registered. Footnote Footnote a R.S., c. 22 (4th Supp.) Return to footnote a referrer About government Contact us Departments and agencies Public service and military News Treaties, laws and regulations Government-wide reporting Prime Minister How government works Open government About this site Social media Mobile applications About Canada.ca Terms and conditions Privacy Top of page","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-e3635182e87be5ab710e","countryCode":"CA","country":"Canada","title":"Phased Easing of COVID-19 Border Restrictions and Post-Arrival Testing Requirements","policyEffect":"Relaxes federal border measures by allowing fully vaccinated travellers to use rapid antigen tests (RATs) taken within one day of arrival instead of molecular PCR tests, transitioning mandatory on-arrival testing to random surveillance selection, and eliminating mandatory quarantine while awaiting on-arrival test results.","operativeDate":"2022-02-28","year":2022,"affectedGroup":"All inbound international travellers","materialConditionsAndExceptions":"Validated condition or limit: Relaxes federal border measures by allowing fully vaccinated travellers to use rapid antigen tests (RATs) taken within one day of arrival instead of molecular PCR tests, transitioning mandatory on-arrival testing to random surveillance selection, and eliminating mandatory quarantine while awaiting on-arrival test results.","policyCategory":"Border control / health screening","policyTool":"Border directive","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/public-health/news/2022/02/government-of-canada-lightens-border-measures-as-part-of-transition-of-the-pandemic-response.html","preciseCitation":"Public Health Agency of Canada, \"Government of Canada lightens border measures as part of transition of the pandemic response,\" News Release, February 15, 2022.","evidencePassage":"representing the beginning of a phased easing of travel restrictions. The ability of the country to transition to a new phase at the border is a result of the actions of tens of millions of Canadians across the country who followed public health measures, including getting themselves and their families vaccinated. As of February 28, 2022 at 12:01 a.m. EST: - We will be easing the on-arrival testing for fully-vaccinated travellers. This means that travellers arriving to Canada from any country, who qualify as [fully vaccinated](https://travel.gc.ca/travel-covid/travel-restrictions/covid-vaccinated-travellers-entering-canada#determine-fully), will be randomly selected for arrival testing. Travellers selected will also no longer be required to quarantine while awaiting their test result. - Children under 12 years old, travelling with fully vaccinated adults, will continue to be exempt from quarantine, without any prescribed conditions limiting their activities. This means, for example, they no longer need to wait 14 days before attending school, camp or daycare. - Unvaccinated travellers will continue to be required to test on arrival, on Day 8 and quarantine for 14 days. Unvaccinated foreign nationals will not be permitted to enter Canada unless they meet one of the few exemptions. - Travellers will now have the option of using a COVID-19 rapid antigen test result (taken the day prior to their scheduled flight or arrival at the land border or marine port of entry) or a molecular test result (taken no more than 72 hours before their scheduled flight or arrival at the land border or marine port of entry) to meet pre-entry requirements. Taking a rapid antigen test at home is not sufficient to meet the pre-entry requirement – it must be authorized by the country in which it was","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-9b939ad3d02214cd7432","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (Excessive Demand)","policyEffect":"The regulations raise the cost threshold for excessive demand to three times the average Canadian per capita health and social services costs and exclude special education from the calculation. Officer roles are now bifurcated: medical officers evaluate medical evidence, while migration officers assess overall feasibility.","operativeDate":"2022-03-04","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: The regulations raise the cost threshold for excessive demand to three times the average Canadian per capita health and social services costs and exclude special education from the calculation.","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2022/2022-03-16/html/sor-dors39-eng.html","preciseCitation":"Canada Gazette. Regulations Amending the Immigration and Refugee Protection Regulations (Excessive Demand). Effective 2022-03-04.; gazette.gc.ca. Regulations Amending the Immigration and Refugee Protection Regulations. Effective 2022-05-20.","evidencePassage":"definitions excessive demand, health services and social services in subsection 1(1) of the Immigration and Refugee Protection Regulationsfootnote 1 are replaced by the following: excessive demand means (a) a demand on health services or social services for which the anticipated costs exceed triple the average Canadian per capita health services and social services costs over a period of five consecutive years following the most recent medical examination required under paragraph 16(2)(b) of the Act; or (b) a demand on health services or social services that would add to existing waiting lists … financial ability to mitigate any excessive demand; and (b) the feasibility of a mitigation plan, if any, submitted by the foreign national. Coming into Force 6 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Executive summary Issues: Under the Immigration and Refugee Protection Act (hereinafter the Act), foreign nationals seeking to come to Canada on a temporary or permanent basis may be found inadmissible if they have a health condition that “might reasonably be expected to cause excessive … health condition, would be able to make an economic and social contribution to Canada. In addition, excessive demand cases can be complex and difficult to assess, especially when they involve costs for special education services, which constitute social services under the Regulations. Finally, the regulatory provisions requiring both migration and medical officers to review all information, including non-medical information, create inefficiencies and poses risks to the overall program integrity. Description: The regulatory amendments (1) increase the excessive demand cost threshold for foreign nationals seeking to come to Canada on a temporary or permanent basis to three times the Canadian average cost per person; (2) eliminate the exceptional period of 10 years from excessive demand calculations for cost of health and social services; (3) redefine “health services” and “social services” to, respectively, provide clarity and remove the reference to certain social services, including special education services; and (4) clarify which officers are responsible for reviewing medical and non-medical information submitted by applicants in the context of excessive demand assessments. Rationale … the roles of medical officers and of migration officers in reviewing information submitted by applicants. Description These amendments increase the excessive demand cost threshold to three times the average amount that federal, provincial and territorial governments spend per capita on certain health and social services; eliminate the exceptional 10-year period from the excessive demand calculations, while leaving the 5-year period intact; redefine “health services” and “social services,” as used in excessive demand determinations, by (a) removing reference to certain social services, including … special education services, that persons with disabilities require to help them overcome limitations to their participation in society, (b) focusing on publicly funded social services that provide constant supervision and care for those who are not able to integrate into society (e.g. adult day programs and respite care, as well as the provision of devices related to those services), and (c) refining the definitions to provide clarity to the concepts of majority of funding and of publicly funded services, as well as eliminating any overlap between the definitions of health services and of social","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-f841e00c6d51709a4081","countryCode":"CA","country":"Canada","title":"Expiry of Live-Action Film/TV Graphic Designer LMIA Exemption","policyEffect":"The public policy allowing LMIA-exempt work permits for foreign graphic designers in live-action film or television (NOC 5241) expired, requiring applicants to revert to standard streams.","operativeDate":"2022-03-09","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: The public policy allowing LMIA-exempt work permits for foreign graphic designers in live-action film or television (NOC 5241) expired, requiring applicants to revert to standard streams.","policyCategory":"Skilled work","policyTool":"Eligibility","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html","preciseCitation":"Immigration, Refugees and Citizenship Canada. Expiry of Live-Action Film/TV Graphic Designer LMIA Exemption. Effective 2022-03-09.; Immigration, Refugees and Citizenship Canada, \"Program delivery update: Temporary public policy for certain foreign graphic designers in live-action film and television production expires,\" March 9, 2022.","evidencePassage":"bulletins-manuals/temporary-residents/foreign-workers/pgwp.html)</li><li>[Temporary public policy: Graphic designers working on live-action television or film in Canada – September 10, 2021 to March 9, 2022](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/unique-situations/graphic-designers.html)</li><li>Temporary public policy to facilitate the issuance of an open work permit to former or current PGWP holders – June 13 to December 31, 2022</li><li>Temporary public policy to facilitate the issuance","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-932fa53ad2ee0ba795ea","countryCode":"CA","country":"Canada","title":"Mandatory Electronic Submission for Temporary Residence Applications (MI51)","policyEffect":"Requires all foreign nationals outside Canada applying for a temporary resident visa, study permit, or work permit to submit their applications electronically via the online portal. Non-electronic applications received without meeting specific exemptions (such as disability accommodations, specific travel document holders, or seasonal agricultural workers) are rejected without processing and returned with fees refunded. Phase scope: single_phase","operativeDate":"2022-04-01","year":2022,"affectedGroup":"Temporary residents","materialConditionsAndExceptions":"","policyCategory":"Admissions","policyTool":"Administrative procedure","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2022/2022-04-16/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part 1, Volume 156, Number 16: GOVERNMENT NOTICES, April 16, 2022","evidencePassage":"The following foreign nationals who are outside Canada and submitting applications for temporary resident visas, work permits, and study permits may submit these applications by any other means that is made available or specified by the Minister for that purpose: Foreign nationals who, because of a disability, are unable to meet a requirement to make an application, submit any document or provide a signature or information using electronic means; Foreign nationals who hold an identity or travel document described in paragraph 52(1)(c) of the Immigration and Refugee Protection Regulations that was issued by a country, that does not prohibit travel to Canada, that the foreign national may use to enter the country of issue and that is of the type issued by that country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality; and Foreign nationals applying for a work permit who are intending to perform work under an international agreement or arrangement between Canada and one or more countries concerning seasonal agricultural workers.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-f5963cb07a29a56d6014","countryCode":"CA","country":"Canada","title":"TFW Program Workforce Solutions Road Map: High-Wage and GTS Duration Extension","policyEffect":"Maximum employment duration for the High-Wage Stream and Global Talent Stream was extended from two years to three years to assist with recruitment and permanent residency qualification.","operativeDate":"2022-04-04","year":2022,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Maximum employment duration for the High-Wage Stream and Global Talent Stream was extended from two years to three years to assist with recruitment and permanent residency qualification.","policyCategory":"Skilled work, talent","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/employment-social-development/news/2022/04/government-of-canada-announces-workforce-solutions-road-map--further-changes-to-the-temporary-foreign-worker-program-to-address-labour-shortages-ac.html","preciseCitation":"canada.ca. TFW Program Workforce Solutions Road Map: High-Wage and GTS Duration Extension. Effective 2022-04-04.","evidencePassage":"months). - The maximum duration of employment for High-Wage and Global Talent Streams workers will be extended from two years to three years. This extension will help workers access pathways to qualify for permanent residency, enabling them to contribute to our workforce for the long-term. Effective April 30: - For seven sectors with demonstrated labour shortages, such as Accommodation and Food Services, employers will be allowed to hire up to 30% of their workforce through the TFW Program for low-wage positions for one year. All other employers will be allowed to hire up to 20% of their workforce","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-66a3e8e8913ef867b714","countryCode":"CA","country":"Canada","title":"Electronic Travel Authorization Exemption for US Lawful Permanent Residents (SOR/2022-80)","policyEffect":"Amended the Immigration and Refugee Protection Regulations to exempt lawful permanent residents of the United States (US LPRs) from the Electronic Travel Authorization (eTA) requirement for air travel to or transit through Canada, while simultaneously invalidating existing eTAs issued on the basis of US LPR status and requiring presentation of valid proof of US LPR status instead. Phase scope: Single-phase","operativeDate":"2022-04-26","year":2022,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Amended the Immigration and Refugee Protection Regulations to exempt lawful permanent residents of the United States (US LPRs) from the Electronic Travel Authorization (eTA) requirement for air travel to or transit through Canada, while simultaneously invalidating existing eTAs issued on the basis of US LPR status and requiring presentation of valid proof of US LPR status instead.","policyCategory":"Border-control","policyTool":"Documentation","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2022/2022-04-27/html/sor-dors80-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 156, Number 9: Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Travel Authorization), SOR/2022-80","evidencePassage":"Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Travel Authorization) Amendments 1 Paragraph 7.1(3)(b) of the Immigration and Refugee Protection Regulations footnote 1 is replaced by the following: (b) a national of the United States or a person who has been lawfully admitted to the United States for permanent residence; 2 Section 12.05 of the Regulations is amended by adding the following after subsection (1): United States lawful permanent residents (1.1) Any electronic travel authorization that is issued to a citizen of a country other than those listed in Schedule 1.1 on the basis of their lawful admission to the United States for permanent residence ceases to be valid at 08:00:00 Eastern daylight time on April 26, 2022.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-9b84cee2e795f1385155","countryCode":"CA","country":"Canada","title":"Increase in Permanent Residence Fees","policyEffect":"Immigration, Refugees and Citizenship Canada (IRCC) increased fees across all permanent residence (PR) applications, including economic, permit holder, family, and humanitarian classes, to adjust for inflation.","operativeDate":"2022-04-30","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Residence, family, skilled work, investor business","policyTool":"Fees","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/increase-permanent-residence-fees-april-2022.html","preciseCitation":"canada.ca. Increase in Permanent Residence Fees. Effective 2022-04-30.","evidencePassage":"--- title: \"Increase in permanent residence fees effective April 30, 2022 - Canada.ca\" meta: author: \"Immigration, Refugees and Citizenship Canada\" description: \"On April 30, 2022, Immigration, Refugees and Citizenship Canada (IRCC) is increasing fees for all permanent residence applications\" keywords: \"permanent residence, fees, immigration, economic immigration\" --- - [Skip to main content](#wb-cont) - [Skip to \"About government\"](#wb-info) - [Switch to basic HTML version](?wbdisable=true) ## Language selection - [Français fr](https://www.canada.ca/fr/immigration-refugies-citoyennete/nouvelles … https://www.canada.ca/en/immigration-refugees-citizenship/news/notices.html) # Increase in permanent residence fees effective April 30, 2022 **Ottawa, April 5, 2022 –** On April 30, 2022, Immigration, Refugees and Citizenship Canada (IRCC) is increasing fees for all permanent residence applications. This includes economic, permit holder, family and humanitarian classes. In 2020, IRCC increased permanent residence fees to account for inflation for the first time since 2002. At that time, it was announced that fees would increase every 2 years to adjust for inflation. The Government of Canada supports a cost-effective approach to financing government programs, where most of the costs are the responsibility of those who receive the services and benefit directly from them. The differences between current and new permanent residence fees | Program | Applicants | Current Fee | New Fee<br> April 30, 2022 | | --- | --- | --- | --- | | Right of Permanent Residence Fee | Principal applicant and accompanying spouse or common-law partner | $500 | $515 | | Federal High Skilled, Provincial Nominee Program and Quebec Skilled Workers, Atlantic Immigration Class and most Economic Pilots (Rural, Agri","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-087f0e94712512ef58e4","countryCode":"CA","country":"Canada","title":"Increase to Immigration Loans Program Funding","policyEffect":"The government amended the Immigration and Refugee Protection Regulations to increase the maximum funding limit for the Immigration Loans Program from $126.6 million to $250 million, supporting refugee resettlement costs.","operativeDate":"2022-06-21","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: The government amended the Immigration and Refugee Protection Regulations to increase the maximum funding limit for the Immigration Loans Program from $126.6 million to $250 million, supporting refugee resettlement costs.","policyCategory":"Residence","policyTool":"Fees","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2022/2022-07-06/html/sor-dors149-eng.html","preciseCitation":"Canada Gazette. Increase to Immigration Loans Program Funding. Effective 2022-06-21.","evidencePassage":". Regulations Amending the Immigration and Refugee Protection Regulations (Immigration Loans Program) Amendment 1 Subsection 290(1) of the Immigration and Refugee Protection Regulations footnote 1 is replaced by the following: Maximum amount 290 (1) The maximum amount of advances that may be made under subsection 88(1) of the Act is $250,000,000. Coming into Force 2 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The Immigration Loans Program provides foreign nationals who intend … amount that may be advanced to grant loans through the program. Enable and facilitate the resettlement of higher levels of refugees, including the Government’s commitment to resettle at least 40,000 Afghan nationals to Canada, through an accessible and affordable loans program. Description Subsection 290(1) of the Regulations is amended to increase the total allowed advance amount from the Consolidated Revenue Fund for the Immigration Loan Program from $126.6 million to $250 million. Regulatory development Consultation The regulatory amendment relates to an internal process to ensure the continued","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-678b51d7b9eca8ea55f6","countryCode":"CA","country":"Canada","title":"Legislative Authority for Targeted Express Entry Invitations","policyEffect":"The Budget Implementation Act, 2022 (Bill C-19) amended the Immigration and Refugee Protection Act, granting the Minister of Immigration, Refugees and Citizenship the authority to issue Express Entry invitations based on specific target attributes—such as specialized work experience or language proficiency—to better meet regional and economic labor market goals, rather than relying solely on the CRS score.","operativeDate":"2022-06-23","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"New pathway","sourceName":"Department of Finance Canada","sourceUrl":"https://www.canada.ca/en/department-finance/news/2022/06/legislation-to-grow-canadian-economy-and-make-life-more-affordable-receives-royal-assent.html","preciseCitation":"Department of Finance Canada. Legislative Authority for Targeted Express Entry Invitations. Effective 2022-06-23.","evidencePassage":"ability to select permanent resident applicants from the Express Entry System that match Canada’s economic and labour force needs. - Expanding the Disability Tax Credit criteria for the mental functions impairment eligibility, as well as the life-sustaining therapy category eligibility. - Introducing a federal excise duty on vaping products, effective October 1, 2022. - Leveraging transit funding to build more homes by providing provinces and territories with up to $750 million to address pandemic-driven municipal and other transit shortfalls, and by tying that funding to efforts to improve housing … =&noneq=&fqupdate=&dmn=&fqocct=#wb-land) | [news releases](https://www.canada.ca/en/sr/srb/sra.html?_charset_=UTF-8&allq=news%20releases&exctq=&anyq=&noneq=&fqupdate=&dmn=&fqocct=#wb-land) ## Page details 2022-06-23 ## About this site ### Department of Finance Canada - [Contact us](https://www.canada.ca/en/department-finance/corporate/contact-us.html) - [Job opportunities](https://www.canada.ca/en/department-finance/corporate/jobs.html) - [Consultations](https://www.canada.ca/en/department-finance/programs/consultations.html) ### Government of Canada - [All contacts](https://www.canada.ca/en/contact","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-544957fea0de6e37d13b","countryCode":"CA","country":"Canada","title":"Temporary Public Policy for Afghan Resettlement Update","policyEffect":"Canada implemented an updated public policy for Afghan nationals, establishing a consolidated cap of 5,000 individuals and providing exemptions from specific financial inadmissibility provisions and certain medical exam requirements for family-reunification applicants.","operativeDate":"2022-06-23","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Family, residence","policyTool":"Eligibility","sourceName":"IRCC Public Policies","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/permanent-resident-visas-families-afghan-nationals-updated.html","preciseCitation":"IRCC Public Policies. Temporary Public Policy for Afghan Resettlement Update. Effective 2022-06-23.","evidencePassage":"extended members of their families who are outside Canada, this public policy will facilitate the issuance of permanent resident visas. As such, I hereby establish that there are sufficient public policy considerations pursuant to section 25.2 of the *Immigration and Refugee Protection Act* (the Act), justifying an exemption from provisions of the Act and the *Immigration and Refugee Protection Regulations* (the Regulations) for up to 5,000 individuals, when foreign nationals meet the conditions (eligibility requirements) described below. ## Part 1 - Conditions (eligibility requirements) applicable … Part 1 of this public policy. ## Provisions of the *Act* for which an exemption may be granted: - Paragraph 16(2)(b) of the Act – the requirement to submit to a medical exam - only as it applies to a foreign national who is a non-accompanying family member, when processing the principal applicant’s permanent residence application pursuant to this public policy; and - Section 39 – inadmissibility for financial reasons. ## Provisions of the *Regulations* for which an exemption may be granted: - Paragraph 10(1)(d) – the requirement to provide evidence of payment of the applicable fee; - Paragraph 10(2)(c) —the requirement to indicate the class prescribed by these Regulations for which the application is made; - Paragraph 50 (1) – the requirement to hold a passport or travel document; - Paragraph 70(1)(a) —the requirement to apply for a permanent resident visa as a member of a class referred to in subsection 70(2) of the *Regulations*; - Paragraph 70(1)(c) —the requirement to be a member of an immigration class; - Paragraph 70(1)(d) —the requirement to meet the selection criteria and other requirements applicable to that class; - Section 307 – the requirement to pay the application processing … came to Canada under previous public policies* signed on October 25, 2021 and the *Updated Temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies* signed on March 16, 2022, that are pending at the time of the signature of this Public Policy will be processed under this Public Policy. This temporary public policy takes effect upon my signature, and it may be revoked at any time. The public policy ends once applications for 5,000 foreign nationals have been received (principal applicants and their family … prior to the end or revocation of this public policy will be processed under the public policy. The Honourable Sean Fraser, P.C., M.P. Minister of Citizenship and Immigration Dated at Ottawa, this 23 day of June 2022 ## Page details 2023-03-01 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html) - [Check your application status](https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-status","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-90f74e223398f7dc1844","countryCode":"CA","country":"Canada","title":"Enhancements to Parent and Grandparent Super Visa Program","policyEffect":"IRCC updated the Super Visa program for parents and grandparents, increasing the permissible stay length from 2 years to 5 years per entry, introducing the ability to request a 2-year extension while in Canada, and allowing the Minister to designate international medical insurance providers for coverage.","operativeDate":"2022-07-04","year":2022,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Family","policyTool":"Eligibility","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2022/06/enhancements-to-the-super-visa-program-for-parents-and-grandparents-will-help-reunite-families-more-easily-and-for-longer.html","preciseCitation":"Immigration, Refugees and Citizenship Canada. Enhancements to Parent and Grandparent Super Visa Program. Effective 2022-07-04.","evidencePassage":"Canadians to reunite with their parents and grandparents in Canada and will allow super visa holders to stay for a longer period of time. These changes, which come into force on July 4, 2022, will - increase the length of stay for super visa holders to 5 years per entry into Canada - People who have a super visa also have the option to request to extend their stay by up to 2 years at a time while in Canada. - allow the Minister of Immigration, Refugees and Citizenship to designate international medical insurance companies to provide coverage to super visa applicants in the future - Currently, only Canadian","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-eeabe455dfbe0117b167","countryCode":"CA","country":"Canada","title":"Express Entry Ministerial Instructions 2022-1: Online Studies Exclusion","policyEffect":"IRCC provided temporary concessions for international students claiming CRS points for Canadian educational credentials, exempting programs undertaken between March 2020 and August 2022 from physical presence and in-person study requirements.","operativeDate":"2022-07-26","year":2022,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Residence, graduate","policyTool":"Eligibility","sourceName":"Canada Gazette Part I","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/amendment-2022-1.html","preciseCitation":"Canada Gazette Part I. Express Entry Ministerial Instructions 2022-1: Online Studies Exclusion. Effective 2022-07-26.","evidencePassage":"completed at least eight months of that study or training on a full-time basis; and **(c)** was physically present in Canada for at least eight months of that study or training. ### (2) Section 30 of the Instructions is amended by adding the following after subsection (3): #### Non-application of paragraphs (3)(b) and (c) **(3.1)** Paragraphs (3)(b) and (c) do not apply to foreign nationals in respect of credentials obtained in a study or training program that was undertaken, in whole or in part, during the period beginning on March 1, 2020 and ending on August 31, 2022. ### (3) Section 30 of the Instructions is amended by adding the following after subsection (5): #### Non-application of paragraph (5)(b) **(6)** Paragraph (5)(b) does not apply in respect of credentials obtained in a study or training program that was undertaken, in whole or in part, during the period beginning on March 1, 2020 and ending on August 31, 2022. ## Taking Effect ### 2 These Instructions take effect on July 26, 2022, but if the Minister of Citizenship and Immigration gives these Instructions after that day, they take effect on the day after the day on which they are given. ## Footnotes Footnote a S.C. 2013","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp3-af56e36a117476770359","countryCode":"CA","country":"Canada","title":"18-Month Post-Graduation Work Permit (PGWP) Extensions","policyEffect":"IRCC provided facilitative measures for former international students whose PGWPs expired or were set to expire between September 20, 2021, and December 31, 2022, allowing them to obtain an additional 18-month open work permit. Interim work authorization was granted starting August 8, 2022, and restoration of status was permitted beyond the standard 90-day window.","operativeDate":"2022-07-28","year":2022,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"","policyCategory":"Graduate","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/measures-post-graduation-work-permits-temporary-resident-permanent-resident-pathways.html","preciseCitation":"Government of Canada. 18-Month Post-Graduation Work Permit (PGWP) Extensions. Effective 2022-08-02.","evidencePassage":"l have to stop working and leave Canada unless they have applied for or been issued another permit to maintain their status as a temporary resident, or if they are granted permanent resident status via other programs. As PGWPs cannot be extended, PGWP holders may have been particularly impacted by this pause. Without measures to facilitate the issuance of new work permits, Canada risks losing this large pool of qualified individuals who have completed post-secondary programs in Canada. Post-Graduation Work Permit holders whose permit expired or will expire between September 20, 2021 and Decemb … er 31, 2022, will benefit from the ability to maintain or restore their legal status in Canada, support themselves, and fill acute labour market needs in Canada. Eligible individuals will be exempted from the requirement to have authorization to work in Canada until May 31, 2023. Eligible individuals who left Canada will also be able to apply for a new open work permit in order to return to Canada. Open work permits will afford eligible individuals with mobility that may be needed to address the current volatility of the labour market caused by COVID-19. This public policy will permit eligible … : - former PGWP holders in Canada to work without authorization in the short term; - PGWP holders and former PGWP holders to apply from inside Canada for a new open work permit and facilitate restoration of their status, if applicable; and - PGWP holders and former PGWP holders, who left Canada, to apply from outside Canada for a new open work permit. Therefore, I hereby establish that, pursuant to my authority under section 25.2(1) of the *Immigration and Refugee Protection Act* (the Act), there are sufficient public policy considerations that justify the granting of exemptions from the requi … rements of the Act and the *Immigration and Refugee Protection Regulations* (the Regulations) listed below to foreign nationals who meet the following conditions (eligibility requirements). ## Conditions (eligibility requirements): ### Part 1 – All applicants Based on public policy considerations, delegated officers may grant an exemption, valid until May 31, 2023, from the requirements of the *Immigration and Refugee Protection Regulations* identified below if: The foreign national: 1. held or holds a Post-Graduation Work Permit with an expiry date between September 20, 2021 and December 31, … aged in unauthorized work for an employer described in section 196.1 of the Regulations, as long as the period of unauthorized work was after the expiry of their Post‑Graduation Work permit. ### Other Admissibility and Selection Criteria Foreign nationals eligible under this public policy are subject to all other legislative and regulatory obligations and admissibility and selection requirements not exempted under this, or another, public policy. ## Effective date and expiration This public policy revokes and replaces the *Temporary public policy to facilitate the issuance of an open work perm … it to former or current post-graduation work permit holders who are in Canada* signed on April 14, 2022. It comes into effect upon signature and will expire on December 31, 2022. The public policy may be revoked at any time. Applications received on or after the coming into effect date and on or before its expiry date, or the date of revocation if applicable, will be processed under this public policy. Original signed by Sean Fraser, P.C., M.P. Minister of Citizenship and Immigration Dated at Ottawa, this 28th day of July 2022 ## Page details 2023-06-30 ## About this site ### Immigration and c","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-fb3c38724752f66295a4","countryCode":"CA","country":"Canada","title":"Permanent Residence Pathway for Families of Air Disaster Victims","policyEffect":"A public policy was established providing a permanent residence pathway for immediate and extended family members (limit of 2 extended members) of victims of Ethiopian Airlines Flight 302 and Ukraine International Airlines Flight 752 who were residing outside Canada.","operativeDate":"2022-08-03","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: A public policy was established providing a permanent residence pathway for immediate and extended family members (limit of 2 extended members) of victims of Ethiopian Airlines Flight 302 and Ukraine International Airlines Flight 752 who were residing outside Canada.","policyCategory":"Family, residence","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/pathway-pr-families-victims-air-disasters-outside-canada.html","preciseCitation":"canada.ca. Permanent Residence Pathway for Families of Air Disaster Victims. Effective 2022-08-03.","evidencePassage":"www.canada.ca/en/immigration-refugees-citizenship/news.html) 4. [Notices](https://www.canada.ca/en/immigration-refugees-citizenship/news/notices.html) # Canada opens a pathway to permanent residence for families of the victims of two air disasters who are outside of Canada **August 3, 2022—Ottawa, Ontario** - Immigration, Refugees and Citizenship Canada (IRCC) has implemented [a pathway to permanent residence for the families of the victims of Ethiopian Airlines Flight 302 (ET302) and Ukraine International Airlines Flight 752 (PS752) who are outside of Canada](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/air-disaster-public-policy-outside-canada.html) and wish to come here to settle and support members of their family who lost their spouse, common-law partner or parent. This follows IRCC’s initial public policy that offered a pathway to permanent residence for families who were temporarily in Canada. Eligible immediate and extended family members can apply if they are outside of Canada. To ensure that extended family members have close ties to the surviving family member, the family member who is in Canada will need to provide a statutory declaration identifying the extended family member who is applying for permanent residence. There is a limit of 2 extended family members per family unit. The victim of flight ET302 or PS752 must have been a Canadian citizen, permanent resident of Canada or foreign national who had been approved for permanent residence. Applicants should check to see if they’re eligible and then carefully read all the instructions on [how to apply](https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/air-disaster-pp-outside.html) before submitting … an application. All standard fees, biometric requirements and admissibility requirements apply. The public policy for families outside Canada will remain in effect for 1 year, from August 3, 2022, until August 2, 2023. IRCC previously introduced a public policy to provide a pathway to permanent residence for family members of victims of ET302 and PS752 who were in Canada temporarily. This public policy was available from May 12, 2021, until May 11, 2022. ## Page details 2022-08-03 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0d2f46b806b965474008","countryCode":"CA","country":"Canada","title":"Resumption of Refugee Protection Claimant Document (RPCD) Renewals","policyEffect":"IRCC resumed the processing of renewals for expired Refugee Protection Claimant Documents (RPCDs) that expired on or after January 1, 2020, through mail-in submissions to the Winnipeg office.","operativeDate":"2022-08-08","year":2022,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: IRCC resumed the processing of renewals for expired Refugee Protection Claimant Documents (RPCDs) that expired on or after January 1, 2020, through mail-in submissions to the Winnipeg office.","policyCategory":"Other","policyTool":"Documentation","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/renew-refugee-protection-claimant-document-2022.html","preciseCitation":"canada.ca. Resumption of Refugee Protection Claimant Document (RPCD) Renewals. Effective 2022-08-08.","evidencePassage":"taxes-someone-died.html) - [Get a birth certificate](https://www.canada.ca/en/services/life-events/child/register-birth.html) - [Apply for a SIN](https://www.canada.ca/en/employment-social-development/services/sin.html) ## You are here: 1. [Canada.ca](https://www.canada.ca/en.html) 2. [Immigration, Refugees and Citizenship Canada](https://www.canada.ca/en/immigration-refugees-citizenship.html) 3. [Newsroom](https://www.canada.ca/en/immigration-refugees-citizenship/news.html) 4. [Notices](https://www.canada.ca/en/immigration-refugees-citizenship/news/notices.html) # IRCC begins renewing refugee protection claimant documents **August 8, 2022—Ottawa** – Beginning today, Immigration, Refugees and Citizenship Canada (IRCC) has resumed the renewal of expired [refugee protection claimant documents (RPCDs)](https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1477&top=11), starting with those that expired on or after January 1, 2020. Impacted asylum claimants can now mail their completed RPCD request form and photos to the IRCC office in Winnipeg. Once a request is processed, clients will receive their renewed document by mail or be asked to pick it up at a local office. The [Renew or replace","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-06c0a6826a650e813b39","countryCode":"CA","country":"Canada","title":"Distance Learning policy transition for PGWP eligibility","policyEffect":"IRCC updated distance learning rules where the temporary policy for online study from outside Canada changed as of September 1, 2022, establishing lock-in dates and percentage caps.","operativeDate":"2022-09-01","year":2022,"affectedGroup":"Students with a lock-in date between september 1, 2022, and august 31, 2024","materialConditionsAndExceptions":"","policyCategory":"Graduate, student","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/eligibility.html","preciseCitation":"","evidencePassage":"This temporary policy changed as of September 1, 2022. … Lock-in date between September 1, 2022, and August 31, 2024 … You must complete at least 50% of your program within Canada (online or in class). - The time spent studying online from outside of Canada before August 31, 2024, will count toward the length of your PGWP as long as it constitutes less than 50% of your program of study.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4dcebb7fe1d8304f6693","countryCode":"CA","country":"Canada","title":"Transition Period and Scope Reduction for Distance Learning Measures (PGWP)","policyEffect":"IRCC announced a transition plan to end pandemic-era distance learning accommodations for PGWP eligibility. Students applying by August 31, 2022, could complete 100% of programs online; subsequent programs (from Sept 2022) were limited to 50% online credit, and future study from Sept 2023 would be deducted from PGWP duration.","operativeDate":"2022-09-01","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: IRCC announced a transition plan to end pandemic-era distance learning accommodations for PGWP eligibility.; subsequent programs (from Sept 2022) were limited to 50% online credit, and future study from Sept 2023 would be deducted from PGWP duration.","policyCategory":"Graduate, student","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/distance-learning-measures.html","preciseCitation":"Government of Canada. Transition Period and Scope Reduction for Distance Learning Measures (PGWP). Effective 2022-09-01.","evidencePassage":"been in place to allow international students to pursue their studies online from abroad while remaining eligible for a post-graduation work permit (PGWP). As the new school year approaches, Immigration, Refugees and Citizenship Canada is creating a transition period for these measures. Following consultations with provinces, territories and education stakeholders, distance learning measures have been extended to August 31, 2023. But they are being reduced in scope. As we transition back to pre-pandemic requirements, we encourage international students to come back to Canada. A transition period … is available for those who may need some time to do so. International students studying online from abroad or who submit a study permit application no later than August 31, 2022, will continue to be able to complete up to 100% of their program online without affecting their PGWP eligibility. However, study time completed from abroad starting on September 1, 2023, will be deducted from the length of their post-graduation work permit, regardless of when a student began their studies. The extension of temporary distance learning measures will affect those starting programs from September 1, 2022, to August 31, 2023. Specifically, these measures will apply: 1. No more than 50% of the credits earned can be completed outside Canada to remain eligible for a PGWP. 2. Studies completed online from outside Canada starting on September 1, 2023, will be deducted from the length of a future PGWP. With unprecedented interest in Canada from applicants all over the world, the department continues to set the bar higher for immigration processing. However, responding to humanitarian crises and updating aging technology to meet demands have led to processing delays and longer wait times. Our focus is","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp-1ede36b9bccffb560d07","countryCode":"CA","country":"Canada","title":"RNIP Work Experience Criteria Update","policyEffect":"Amended work experience criteria for the Rural and Northern Immigration Pilot (RNIP), requiring one year of full-time work experience (or equivalent) in a NOC-listed occupation during the preceding three years, with a specific exemption for licensed medical practitioners.","operativeDate":"2022-09-15","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2022/2022-09-24/html/notice-avis-eng.html","preciseCitation":"Canada Gazette. RNIP Work Experience Criteria Update. Effective 2022-09-23.","evidencePassage":"ion and Refugee Protection Act footnote b. Ottawa, September 15, 2022 Sean Fraser Minister of Citizenship and Immigration Ministerial Instructions Amending the Ministerial Instructions with respect to the Rural and Northern Community Immigration Class Amendments 1 (1) Subsection 3(1) of the Ministerial Instructions with respect to the Rural and Northern Community Immigration Class footnote 1 is replaced by the following: Work experience 3 (1) The applicant must have, in the three years preceding the day on which they made their application for permanent residence, accumulated at least one year … of full-time work experience, or the equivalent in part-time work, in an occupation listed in the National Occupational Classification. (2) Paragraph 3(2)(c) of the Instructions is replaced by the following: (c) it must include only work experience that was acquired in the employ of a third party, unless the experience was acquired as a medical practitioner entitled to practise medicine under the laws of the jurisdiction where the experience was acquired; and 2 (1) Subsection 4(1) of the Instructions is replaced by the following: Offer of employment 4 (1) The applicant must have a genuine off","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-9636aa92bfe3c7777a8c","countryCode":"CA","country":"Canada","title":"Express Entry Eligibility Expansion for Physicians","policyEffect":"Introduces an exemption for fee-for-service physicians from self-employment restrictions within the Express Entry system, allowing access to Federal Skilled Worker Program and Canadian Experience Class pathways.","operativeDate":"2022-09-23","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Introduces an exemption for fee-for-service physicians from self-employment restrictions within the Express Entry system, allowing access to Federal Skilled Worker Program and Canadian Experience Class pathways.","policyCategory":"Residence, skilled work, other","policyTool":"Eligibility","sourceName":"IRCC Press Office","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2022/09/easier-access-to-permanent-residence-for-physicians-in-canada-to-help-address-doctor-shortages.html","preciseCitation":"IRCC Press Office. Express Entry Eligibility Expansion for Physicians. Effective 2022-09-23.","evidencePassage":"Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship announced changes to make it easier for foreign-born physicians to remain in Canada, so they can continue to practice in Canada and bolster our health care system. Some physicians have faced barriers in accessing permanent residence through, Canada’s flagship programs for skilled workers managed under the Express Entry system, as the “fee-for-service” model used in Canada for health care professionals is outside of the traditional employer-employee relationship. As a result, some physicians are currently considered self-employed, leaving them unable to meet the eligibility criteria of the economic pathways for permanent residency. To address this challenge, Minister Fraser announced that IRCC is exempting physicians, who work in a fee-for-service model with public health authorities, from current requirements. This change recognizes the unique employment model used in Canada’s health care system, and will provide physicians with access to Canada’s economic permanent residence programs. This will mean that a greater number of those physicians already here and filling crucial vacancies in our health care sector can","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-2fa1b1bcac3acd2e5441","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers) — SOR/2022-142","policyEffect":"Introduction of 13 regulatory changes to the Temporary Foreign Worker Program and International Mobility Program to enhance worker protections, including mandates for employment agreements, a ban on charging recruitment fees to workers, and expanded federal enforcement powers to verify compliance.","operativeDate":"2022-09-26","year":2022,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Skilled work","policyTool":"Enforcement","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2022/2022-07-06/html/sor-dors142-eng.html","preciseCitation":"Canada Gazette. Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers) — SOR/2022-142. Effective 2022-09-26.","evidencePassage":"remain gaps in worker protection. Description: The TFWP and the IMP set the requirements and conditions for Canadian employers to hire temporary foreign workers. The amendments to the Immigration and Refugee Protection Regulations will enhance the protection of temporary foreign workers by setting new employer requirements and conditions and improving the ability to hold employers accountable for non-compliance. This includes requirements for an employer to provide the most recent information to workers about their rights in Canada, have a signed employment agreement with their workers outlining the wages, occupation, and working conditions, and provide access to health care services when the worker is injured or becomes ill at the workplace. The proposal will also mandate that employers in the TFWP obtain and pay for private health insurance that covers the emergency medical care for their workers, if the worker is not already covered under the applicable provincial health insurance. In addition, the amendments will expand the definition of “abuse” to include reprisal against a temporary foreign worker and prohibit employers from charging or recovering recruitment fees. The amendments … Refugee Protection Regulations (IRPR) is to strengthen protections for temporary foreign workers to prevent potential mistreatment or abuse during their period of employment in Canada. These amendments will impose on employers additional requirements, as well as conditions that the Government will be able to inspect and verify, and will address program integrity gaps. Specific amendments have been made to directly address issues identified during stakeholder consultations, the report of the Standing Committee on HUMA, and ministerial mandate commitments. The proposal also builds on TFWP policies. Temporary foreign worker protections Temporary Foreign Worker Program and International Mobility Program A number of the amendments will directly improve worker protections by ensuring that temporary foreign workers have access to sources of information about their jobs and their rights in Canada. These include requiring that an employer provide the worker with a signed employment agreement that outlines the occupation, wages, and working conditions consistent with those set out in the offer of employment and, as recommended by HUMA, requiring that the employer provide workers with the most … recent information about their rights in Canada. Further amendments will help address particular areas of vulnerability by prohibiting the charging or recovering of fees related to recruitment of the temporary foreign worker, and by requiring reasonable access to health care services when a temporary foreign worker is injured or becomes ill at the workplace. Employers are required to make reasonable efforts to provide a workplace that is free of abuse. These amendments will add “reprisal” to the definition of “abuse” to respond to stakeholder concerns of workers fearing reprisal from employers","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-4c8106fab111fcb26b76","countryCode":"CA","country":"Canada","title":"Conclusive Findings of Fact in Organized Criminality Inadmissibility Determinations (SOR/2022-198)","policyEffect":"Added section 16.1 to the Immigration and Refugee Protection Regulations to establish that findings of fact made by Canadian criminal courts in specific organized crime prosecutions or sentencing decisions under the Criminal Code are conclusive findings of fact in immigration inadmissibility determinations under paragraphs 37(1)(a) and (b) of the IRPA, binding IRCC, CBSA, and IRB decision-makers. Phase scope: Single-phase","operativeDate":"2022-09-27","year":2022,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Enforcement","policyTool":"Enforcement","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2022/2022-10-12/html/sor-dors198-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 156, Number 21: Regulations Amending the Immigration and Refugee Protection Regulations, SOR/2022-198","evidencePassage":"a, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations. Regulations Amending the Immigration and Refugee Protection Regulations Amendment 1 The Immigration and Refugee Protection Regulations footnote 1 are amended by adding the following after section 16: Application of paragraphs 37(1)(a) and (b) of the Act 16.1 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 37(1)(a) or (b) of the Act, if either of the following decisions has been rendered, the findings of fact set out in that decision shall … be considered as conclusive findings of fact: (a) a decision by a Canadian court under section 467.11, 467.111, 467.12 or 467.13 of the Criminal Code concerning the foreign national or permanent resident; or (b) a sentencing decision by a Canadian court concerning the foreign national or permanent resident, made in accordance with the principle set out under subparagraph 718.2(a)(iv) of the Criminal Code. Coming into Force 2 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5a3dda3735325f7cb174","countryCode":"CA","country":"Canada","title":"Temporary Public Policy for Afghan Refugee Sponsorship","policyEffect":"A new public policy was enacted to facilitate the sponsorship of Afghan refugees by groups of five and community sponsors, aiming to expedite private sponsorship applications.","operativeDate":"2022-09-29","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Family","policyTool":"New pathway","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies.html","preciseCitation":"Immigration, Refugees and Citizenship Canada. Temporary Public Policy for Afghan Refugee Sponsorship. Effective 2022-09-29.","evidencePassage":"phase-2.html) 18 November 2022 - [Temporary public policy to exempt refugee claimants, in Canada, from certain requirements for open work permit issuance](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/refugee-work-permits.html) 16 November 2022 - [Temporary public policy to facilitate the sponsorship of Afghan refugees by groups of five and community sponsors](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/afghan-refugee-sponsorship-group-five-community-sponsor.html) 29 September 2022 - [Temporary Public Policy for the resettlement of certain vulnerable Afghan nationals](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/permanent-residence-citizens-afghanistan-7.html) 20 September 2022 - [Temporary public policy for the issuance of permanent resident visas for foreign nationals, who have been refused under the “Temporary Resident to Permanent Resident Pathway”](https://www.canada.ca/en/immigration-refugees-citizenship/corporate","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-52bcfc62917ba4f4655f","countryCode":"CA","country":"Canada","title":"Streamlining Immigration Medical Examination (IME) Requirements","policyEffect":"IRCC implemented a temporary public policy allowing eligible foreign nationals currently in Canada to reuse their previous Immigration Medical Examination (IME) results if they have been completed within the past 5 years and pose no public health risk, aiming to reduce backlogs.","operativeDate":"2022-10-12","year":2022,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: IRCC implemented a temporary public policy allowing eligible foreign nationals currently in Canada to reuse their previous Immigration Medical Examination (IME) results if they have been completed within the past 5 years and pose no public health risk, aiming to reduce backlogs.","policyCategory":"Student, skilled work, residence","policyTool":"Documentation","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/2022-foreign-exempt-ime.html","preciseCitation":"Immigration, Refugees and Citizenship Canada. Streamlining Immigration Medical Examination (IME) Requirements. Effective 2022-10-12.","evidencePassage":".html) # Streamlining immigration medical examination requirements for eligible applicants **Ottawa, October 12, 2022**—Immigration, Refugees and Citizenship Canada (IRCC) has [implemented a temporary public policy](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/exempt-ime-2022.html) that exempts certain low-risk, in-Canada, foreign nationals from submitting an immigration medical examination (IME) as part of their application when their previous IME has expired. This supports faster processing of applications to help eligible foreign nationals quickly obtain temporary or permanent resident status. This exemption applies to foreign nationals who have - a new or pending application for permanent or temporary residence or a permanent resident visa, made from within Canada - completed an immigration medical exam within the last 5 years and posed no risk to public health or safety, or reported to public health authorities for monitoring, as required When submitting an application, applicants must provide the unique medical identifier number from their previous medical exam. The temporary public policy","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp-023a076e608c76d28dcb","countryCode":"CA","country":"Canada","title":"Update to International Experience Canada (IEC) Bilateral Agreement with Italy","policyEffect":"IRCC updated operational program delivery instructions regarding the bilateral youth mobility arrangements under the Canada-Italy agreement.","operativeDate":"2022-11-01","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Seasonal","policyTool":"Other","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates/2022-iec-italy.html","preciseCitation":"Immigration, Refugees and Citizenship Canada. Update to International Experience Canada (IEC) Bilateral Agreement with Italy. Effective 2022-12-13.","evidencePassage":"ation-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates.html) # Program delivery update: Bilateral agreements and arrangements \\[R205(b) – C21] – International Experience Canada (IEC) – Canadian interests – International Mobility Program This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders. **December 13, 2022** The instructions related to the International Experience Canada (IEC) bilateral agreements and arrangements have been updated. Canada has signed an update … d youth mobility agreement (YMA) with Italy that came into effect on November 1, 2022. The updates are summarized as follows: - The Young Professionals and International Co-op (internship) categories have been added. - Applicants are allowed 2 participations of a maximum of 12 months each under the bilateral agreement. - The Repeat category is permitted. ## Updated instructions - [Bilateral agreements and arrangements \\[R205(b) – C21\\] – International Experience Canada (IEC) – Canadian interests – International Mobility Program](https://www.canada.ca/en/immigration-refugees-citizenship/corpora","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-3b345248e0fbd979390a","countryCode":"CA","country":"Canada","title":"Temporary Policy for Refugee Claimants' Open Work Permits","policyEffect":"Public policy allowing IRCC to issue open work permits to refugee claimants as soon as the claim is determined eligible for referral, bypassing the requirement for formal referral to the Refugee Protection Division.","operativeDate":"2022-11-16","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Public policy allowing IRCC to issue open work permits to refugee claimants as soon as the claim is determined eligible for referral, bypassing the requirement for formal referral to the Refugee Protection Division.","policyCategory":"Skilled work","policyTool":"Processing time","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/refugee-work-permits.html","preciseCitation":"canada.ca. Temporary Policy for Refugee Claimants' Open Work Permits. Effective 2022-11-16.","evidencePassage":"support themselves financially or contribute to the Canadian economy, and placing additional pressure on provincial and territorial social assistance and other critical supports. ## Public Policy Considerations Pursuant to paragraph 206(1)(a) of the *Immigration and Refugee Protection Regulations* (the Regulations), refugee claimants who cannot support themselves without working may only be issued a work permit after their claim has been referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB). This Temporary Public Policy exempts refugee claimants who made … their claim in Canada since the start of the COVID-19 pandemic from meeting certain requirements when applying for a work permit, in recognition of the importance of ensuring that claimants can support themselves financially while they await referral of their refugee claim to the IRB. To obtain a work permit under this public policy claimants must be determined eligible for referral to the RPD, in addition to other key requirements listed below. Normally this eligibility assessment is completed when a claimant appears for their scheduled examination. However, because of the current lengthy wait … as it applies to the issuance of the work permit under paragraph 206 and paragraph 200 of the *Regulations*; and 7. Has a claim for refugee protection that has been determined to be eligible to be referred to the Refugee Protection Division under s.100 of the *Act*. ### Provisions of the *Act and Regulations* for which an exemption may be granted: - The requirement in paragraph 206(1)(a) of the Regulations that the foreign national’s claim for refugee protection has been referred to the IRB; - The requirement to comply with the condition imposed by an officer under paragraph 43(1)(b) of the Regulations to not engage in any work in Canada if authorized to enter Canada under section 23 of the Act. ## Other Admissibility and Selection Criteria Foreign nationals eligible under this public policy are subject to all other legislative and regulatory obligations and admissibility and selection requirements not exempted under this, or another, public policy. ## Effective Date and Expiration This public policy comes into effect on November 16, 2022. The public policy may be revoked at any time. The Honourable Sean Fraser Minister of Immigration, Refugees, and Citizenship Dated at Ottawa, this","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0a2af98186f3c6873453","countryCode":"CA","country":"Canada","title":"Transition to National Occupational Classification (NOC) 2021","policyEffect":"Canada formally registered regulations to replace the legacy NOC 2016 Skill Type levels with the new TEER (Training, Education, Experience, and Responsibilities) category framework.","operativeDate":"2022-11-16","year":2022,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Skilled work, residence","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/amendment-2022-2.html","preciseCitation":"canada.ca. Transition to National Occupational Classification (NOC) 2021. Effective 2022-11-16.","evidencePassage":"Ministerial Instructions* under subsection 10.3(1) [Footnote a](#fna) and section 14.1 [Footnote b](#fnb) of the *Immigration and Refugee Protection Act*[Footnote c](#fnc). Ottawa, September 27, 2022 Sean Simon Andrew Fraser Minister of Citizenship and Immigration **Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2022-2** ## Amendments **1 Section 1 of the *Ministerial Instructions Respecting the Express Entry System*[Footnote 1](#fn1) is amended by adding the following in alphabetical order:** ***TEER* Category** has the same meaning as in section 2 of the Regulations. (*catégorie FÉER*) **2 Paragraphs 7(1)(l) to (n) of the Instructions are replaced by the following:** - **(l)** the five-digit code in the *National Occupational Classification* that corresponds to the occupation referred to in any qualifying offer of arranged employment that they have received; - **(m)** their years of work experience in one or more occupations listed in TEER Category 0, 1, 2 or 3 of the *National Occupational Classification*; - **(n)** their years of work experience in Canada in one or more occupations listed in TEER Category 0, 1, 2 or 3 of the * … occupation listed in TEER Category 1 of the *National Occupational Classification* for which licensing by a provincial regulatory body is required, or **12 The Instructions are amended by adding the following after section 32:** **Transitional Provisions** ***National Occupational Classification codes*** **33 (1)** A foreign national who submitted to the Minister, prior to November 16, 2022, an expression of interest in respect of the federal skilled worker class, the Canadian experience class or the federal skilled trades class referred to in subsections 75(1), 87.1(1) or 87.2(2) of the Regulations, respectively, and who was not issued an invitation before that date must update their expression of interest with the applicable five-digit codes referred to in paragraphs 15(4)(a), 19(5)(a) or 25(2)(a) of these Instructions to be eligible to be issued an invitation on or after November 16, 2022. **Provincial nominee class** **(2)** A member of the provincial nominee class referred to in subsection 87(2) of the Regulations who submitted an expression of interest prior to November 16, 2022 and who was not issued an invitation before that date must update their expression of interest with","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-8c3b0fc778f14a1598f3","countryCode":"CA","country":"Canada","title":"Temporary Pre-Removal Risk Assessment (PRRA) Waiver for Iranian Nationals","policyEffect":"Due to humanitarian conditions in Iran, IRCC introduced a temporary waiver of the 12-month bar on applying for a Pre-Removal Risk Assessment (PRRA) for eligible Iranian nationals.","operativeDate":"2022-12-19","year":2022,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: Due to humanitarian conditions in Iran, IRCC introduced a temporary waiver of the 12-month bar on applying for a Pre-Removal Risk Assessment (PRRA) for eligible Iranian nationals.","policyCategory":"Eligibility","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/prra-iran.html","preciseCitation":"canada.ca. Temporary Pre-Removal Risk Assessment (PRRA) Waiver for Iranian Nationals. Effective 2022-12-19.","evidencePassage":"assessment for Iran ## We have archived this page and will not be updating it. You can use it for research or reference. ## We have archived this page and will not be updating it. You can use it for research or reference. × overlay **Ottawa, December 19, 2022—**Individuals from Iran may now be eligible to apply for a pre-removal risk assessment (PRRA) if they received a negative final decision from the Immigration and Refugee Board of Canada or the Federal Court, or a final PRRA decision from Immigration, Refugees and Citizenship Canada (IRCC) between December 20, 2021, and December 19, 2022. … The Canada Border Services Agency will advise eligible individuals from Iran that they can apply for a PRRA if they are currently subject to an enforceable removal order. In general, if someone’s refugee claim or previous application for a PRRA is rejected, abandoned or withdrawn, or if their application for leave and judicial review is dismissed by the Federal Court, they are not eligible to apply for a PRRA for at least 12 months. However, the worsening conditions in Iran could put individuals at risk if they were to return, in which case they may warrant an additional assessment. For this … reason, some individuals from Iran are now exempt from the 12-month bar on applying for a PRRA, depending on when they received a decision on their refugee claim. Individuals from Iran who receive a final negative decision after December 19, 2022, are not eligible to apply for a PRRA for 12 months. That is because any recent changes in country conditions would have been considered when the refugee claim was decided or during the PRRA process. It is important to note that the eligibility to apply for a PRRA does not guarantee its outcome. IRCC officers will continue to decide on each case individually","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-71b221eeb5426f129a2a","countryCode":"CA","country":"Canada","title":"Immigration Appeal Division (IAD) Rules 2022","policyEffect":"New IAD rules were registered, streamlining administrative procedures by reducing timelines for the Minister to provide appeal records for sponsorship/residency appeals to 60 days and removal order appeals to 30 days.","operativeDate":"2023-01-04","year":2023,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Residence, family","policyTool":"Processing time","sourceName":"Government of Canada","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2023/2023-01-04/html/sor-dors277-eng.html","preciseCitation":"Government of Canada. Immigration Appeal Division (IAD) Rules 2022. Effective 2023-01-04.; SOR/2022-277, Immigration Appeal Division Rules, 2022, Canada Gazette, Part II, Vol. 156, No. 26.","evidencePassage":"record 21 (1) On receipt of a written request from the Division, the Minister must provide the appeal record referred to in subrule 20(1), (3) or (4) to the appellant and the Division. Proof record provided to appellant (2) The appeal record provided to the Division under subrule (1) must be accompanied by a written statement indicating how and when the Minister provided the appeal record to the appellant. Immigration Division provides appeal record (3) The Immigration Division must provide the appeal record referred to in subrule 20(2) to the parties and the Division. Time limit 22 An appeal record provided under rule 21 must be received no later than (a) 60 days after the day on which the Minister receives a request referred to in subrule 21(1), in the case of a sponsorship appeal or a residency obligation appeal; (b) 30 days after the day on which the Immigration Division receives the notice of appeal, in the case of an appeal of a removal order made at an admissibility hearing or a Minister’s appeal; or (c) 30 days after the day on which the Minister receives a request referred to in subrule 21(1), in the case of an appeal of a removal order made at an examination. Late appeal record … Minister or the Immigration Division of the IRB to provide the appeal record. In most cases, the appeal record is required before any additional processing of the appeal can begin. For sponsorship and overseas residency obligation appeals, which represent the majority of appeals before the IAD, the time limit is reduced from 120 days to 60 days, saving approximately two months of processing time. For removal orders and Minister’s appeals, the time limit will be reduced from 45 days to 30 days, enabling earlier enforcement if the removal order is upheld. Requiring disclosure to be provided earlier … Immigration Appeal Division Rules, 2022 (the IAD Rules) repeal and replace the 2002 IAD Rules. The IAD Rules modify provisions in the 2002 IAD Rules by simplifying the rules, organizing them by stage of appeal rather than by type of appeal (e.g. sponsorship, removal order, or residency obligation appeal) to make the rules easier to navigate and understand; clarifying and expanding the definitions section; reducing the time limits for providing the appeal record from 120 days to 60 days in the case of sponsorship and overseas residency obligation appeals; reducing the time limits for providing the appeal","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-c8d3a4a955356dccf1bc","countryCode":"CA","country":"Canada","title":"2023 International Experience Canada (IEC) Program Launch and Cap Increase","policyEffect":"The 2023 season of the International Experience Canada (IEC) program launched with a 20% increase in the intake cap, allowing nearly 90,000 international youth to apply for work and travel permits.","operativeDate":"2023-01-09","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Seasonal","policyTool":"Other","sourceName":"Canada.ca - News Release","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2022/12/government-of-canada-allowing-more-international-youth-to-work-and-travel-in-canada.html","preciseCitation":"Canada.ca - News Release. 2023 International Experience Canada (IEC) Program Launch and Cap Increase. Effective 2023-01-09.","evidencePassage":"Banff, Alberta**—Canada benefits when diverse, engaged, and empowered youth are able to come from abroad to gain meaningful work and life experiences here. Today, the Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship, launched the 2023 [International Experience Canada (IEC) Program](http://www.canada.ca/IEC) with a 20% increase in the number of applicants who can apply. Applicants will be able to apply as of January 9, 2023. IEC is a reciprocal program that allows Canadian and international youth to work and travel in each other’s countries. This increase means that nearly … 90,000 candidates will be able to work and travel in Canada, including Francophone youth, which will help employers fill labour gaps, including for seasonal work opportunities in Canada’s tourism industry. By allowing more international youth to work and travel in Canada, the Government of Canada is helping employers, including those in the tourism industry, find the workers they need. Canada has a long-standing history of supporting Canadian and international youth to travel and work abroad. IEC helps youth explore new cultures, languages, and societies, all while developing life skills and improving … -to-people ties to helping our businesses succeed, international youth add value to communities right across Canada. Today’s announcement will benefit sectors like the tourism industry, to find the workers they need to fill labour gaps all while providing youth the opportunity to explore Canadian cultures, languages and societies.” > > – The Honourable Marci Ien, Minister for Women and Gender Equality and Youth ## Quick facts - Applicants will be able to apply as of January 9, 2023. - Canada has youth mobility arrangements with 36 countries and foreign territories through the IEC Program that","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-6a8fd718c7dc5d59af1b","countryCode":"CA","country":"Canada","title":"Hong Kong open work permits: graduation window expanded from five to ten years","policyEffect":"From February 8, 2023, the Hong Kong open-work-permit policy expanded the qualifying graduation window from five to ten years before application and extended the scheme beyond its predecessor’s February 7, 2023 expiry to February 7, 2025. The policy permitted work permits of up to three years for eligible holders of either a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China or a United Kingdom-issued British National (Overseas) passport for a person born, naturalized or registered in Hong Kong, as specified in IRPR paragraphs 190(2)(d) and (e). Qualifying graduation had to occur within ten years before the work-permit application: an eligible Canadian post-secondary degree or foreign equivalent; an eligible diploma from a program of at least two years or a foreign equivalent supported by an equivalency assessment; or an eligible graduate/post-graduate credential from a program of at least one year requiring a previous post-secondary degree or diploma, with a foreign equivalency assessment where required. For the graduate/post-graduate route, that prerequisite degree or diploma had to have been obtained no more than five years before the program began. Eligible family members of a qualifying applicant could apply if at least 18 when applying. Applicants had to request a work permit for no more than three years and apply electronically. Alternative means were allowed for applicants unable to use electronic means under the degree/two-year-diploma route; under the graduate/post-graduate and family routes, the exception required inability because of disability. Qualifying applicants in Canada also needed valid temporary resident status to receive the in-Canada application exemption. The policy exempted specified work-permit requirements, including certain prior unauthorised work or study restrictions, but excluded unauthorised work for an employer described in section 196.1; all other unexempted obligations and admissibility criteria remained. It also applied to undecided applications under the policy signed May 17, 2021, and applications received during the new policy’s validity, subject to earlier revocation.","operativeDate":"2023-02-08","year":2023,"affectedGroup":"Eligible hong kong sar passport holders and uk-issued british national (overseas) passport holders born, naturalized or registered in hong kong, and qualifying adult family members","materialConditionsAndExceptions":"Validated condition or limit: From February 8, 2023, the Hong Kong open-work-permit policy expanded the qualifying graduation window from five to ten years before application and extended the scheme beyond its predecessor’s February 7, 2023 expiry to February 7, 2025.; The policy permitted work permits of up to three years for eligible holders of either a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China or a United Kingdom-issued British National (Overseas) passport for a person born, naturalized or registered in Hong Kong, as specified in IRPR paragraphs 190(2)(d) and (e).; Qualifying graduation had to occur within ten years before the work-permit application: an eligible Canadian post-secondary degree or foreign equivalent; an eligible diploma from a program of at least two years or a foreign equivalent supported by an equivalency assessment; or an eligible…","policyCategory":"Talent, graduate","policyTool":"Eligibility","sourceName":"Immigration, Refugees and Citizenship Canada; Department of Justice Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/hong-kong-residents-open-work-permit-2023.html","preciseCitation":"Hong Kong open-work-permit public policies signed May17,2021 and January25,2023; IRPRsection190 historicalversion in force2019-06-17through2023-11-23","evidencePassage":"# Temporary public policy to exempt certain Hong Kong residents from work permit requirements ## Background: Following China’s adoption of a controversial national security law in Hong Kong that came into force on June 30, 2020, Canada committed to taking action and standing up for the people of Hong Kong. Aligned with a whole-of-government approach, this measure aims to attract educated Hong Kong youth to Canada, where it is expected that their human capital and international experience will contribute to Canada’s economic, social, and cultural fabric. At the same time, Canada’s response demonstrates its solidarity with other like-minded allies, and its robust support for, and defence of, democratic values. Therefore, I hereby establish, pursuant to my authority under section 25.2 of the *Immigration and Refugee Protection Act* (the Act), that there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the *Immigration and Refugee Protection Regulations* (the Regulations) listed below to foreign nationals who meet the conditions (eligibility requirements) set out below. Accordingly, this public policy will allow for the issuance of open work permits to eligible residents of Hong Kong, whether they are in Canada or abroad, for a period of up to three years. Eligible family members may also be issued an open work permit. ## Conditions (eligibility requirements): Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified if: 1. The foreign national: 1. is described at paragraphs 190(2)(d) or (e) of the *Immigration and Refugee Protection Regulations*; 2. has submitted a work permit application under section 200 of the *Immigration and Refugee Protection Regulations*, where the duration of the work permit requested is for a maximum of three years; 3. has submitted their work permit application using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose if the foreign national is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means; and 4. in the ten years preceding the submission of the work permit application in (ii), has graduated with: 1. a degree from a post-secondary designated learning institution as defined in section 211.1 of the *Immigration and Refugee Protection Regulations,* or a foreign diploma, certificate or credential that is equivalent to a Canadian post-secondary degree; or, 2. a diploma from a post-secondary designated learning institution as defined in section 211.1 of the *Immigration and Refugee Protection Regulations* for completion of a program that is at least two years in length, or a foreign diploma, certificate or credential, along with an equivalency assessment as defined in subsection 73(1) of the *Immigration and Refugee Protection … that indicates that the foreign diploma, certificate or credential is equivalent to a Canadian post-secondary diploma for a program that is at least two years in length; 2. The foreign national: 1. is described at paragraphs 190(2)(d) or (e) of the *Immigration and Refugee Protection Regulations*; 2. has submitted a work permit application under section 200 of the *Immigration and Refugee Protection Regulations*, where the duration of the work permit requested is for a maximum of three years; 3. has submitted their work permit application using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose if the foreign national because of disability is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means; and 4. in the ten years preceding the submission of the work permit application in (ii), has graduated with: 1. a graduate or post-graduate diploma, certificate or credential from a post-secondary designated learning institution as defined in section 211.1 of the *Immigration and Refugee Protection Regulations* for completion of a program that: 1. is at least one year in length, and 2. requires the completion of a post-secondary degree or diploma, as a pre-requisite for acceptance in the program, or 2. a foreign diploma, certificate or credential from a program that requires completion of a post-secondary degree or diploma as a pre-requisite for acceptance in the program, along with an equivalency assessment as defined in subsection 73(1) of the *Immigration and Refugee Protection Regulations* that indicates that the foreign diploma, certificate or credential is equivalent to a Canadian graduate or post-graduate diploma, certificate or credential for a program that is at least one year in length, and 5. obtained a post-secondary degree or diploma no more than five years before the commencement of the graduate or post-graduate program referred to in (iv.); 3. The foreign national: 1. is a family member - per the definition in subsection 1(3) of the *Immigration and Refugee Protection Regulations* - of a foreign national who has applied and has been found to meet the conditions listed in 1 or 2; 2. has submitted a work permit application under section 200 of the *Immigration and Refugee Protection Regulations*, where the duration of the work permit requested is for a maximum of three years; 3. has submitted their work permit application using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose if the foreign national because of disability is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means; and 4. is 18 years of age or older at the time the work permit application in (ii) is submitted; 4. The foreign national: 1. meets the conditions listed in","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-818653a9bfd8d28e0279","countryCode":"CA","country":"Canada","title":"Resumption of Biometrics Collection for Temporary Residence Applicants","policyEffect":"IRCC ended the temporary COVID-19 pandemic exemption that waived biometrics collection for individuals applying for temporary residence from within Canada.","operativeDate":"2023-02-23","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: IRCC ended the temporary COVID-19 pandemic exemption that waived biometrics collection for individuals applying for temporary residence from within Canada.","policyCategory":"Student, skilled work, other","policyTool":"Documentation","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/biometrics-collection-canada.html","preciseCitation":"Canada.ca. Resumption of Biometrics Collection for Temporary Residence Applicants. Effective 2023-02-23.","evidencePassage":"residence applicants in Canada **Ottawa, February 23, 2023—**The Government of Canada is resuming the collection of biometrics for individuals in Canada who are applying for temporary residence. Individuals who apply for temporary residence on or after February 23, 2023, need to provide their biometrics. This includes those applying - to extend their stay as a student, worker or visitor - to restore their status as a student, worker or visitor - for a work or study permit - for a visitor visa - for a temporary resident permit There are some [exemptions](https://www.canada.ca/en/immigration-refugees-citizenship/campaigns/biometrics/facts.html#exemptions) and some [temporary measures for biometrics collection](https://www.canada.ca/en/immigration-refugees-citizenship/campaigns/biometrics/facts.html#temporary-measures) still in place for special situations. On July 15, 2020, Immigration, Refugees and Citizenship Canada [introduced a policy](https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/biometrics-exemption-temporary-residents.html) to temporarily exempt individuals applying for temporary residence within Canada from providing biometrics. This policy was implemented","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-e05067b871bb67252605","countryCode":"CA","country":"Canada","title":"Temporary public policy for processing TRV applications in inventory","policyEffect":"IRCC established a temporary policy to streamline visitor visa processing by waiving certain admissibility requirements (Section 39 and 179(b)) for applicants currently in the inventory.","operativeDate":"2023-02-28","year":2023,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"Eligibility","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/processing-trv-apps-inventory.html","preciseCitation":"Immigration, Refugees and Citizenship Canada. Temporary public policy for processing TRV applications in inventory. Effective 2023-02-28.","evidencePassage":"forward. Therefore, I hereby establish that, pursuant to my authority under section 25.2 of the *Immigration and Refugee Protection Act* (the Act), there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the Act and the *Immigration and Refugee Protection Regulations* (the Regulations) listed below to foreign nationals who meet the conditions (eligibility requirements) set out below. ## Conditions (eligibility requirements): Based on public policy considerations, when processing an application for a temporary resident visa, delegated officers … Grandparent Super Visa, that came into force on July 4, 2022 or the Ministerial Instructions regarding the Parent and Grandparent Super Visa, that came into force on December 1, 2011. 2. The foreign national 1. holds a temporary resident visa that was issued following facilitation under (1); and 2. seeks to enter Canada as a visitor for the first time following the issuance of the temporary resident visa described in (i). ### Provisions of the Act and the Regulations for which an exemption may be granted: **For the foreign national who meets the conditions listed in 1):** - section 39 of the Act – the … requirement for a foreign national not to be inadmissible for financial reasons; and - paragraph 179(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (temporary resident visa issuance). **For the foreign national who meets the conditions listed in 2):** - the requirement in Paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (obligation on entry); - the requirement in subsection 22(2) of the Act … – for a foreign national to establish they will leave Canada by the end of the period authorized for their stay (dual intent); and - section 39 of the Act – the requirement for a foreign national not to be inadmissible for financial reasons. ## Other admissibility and selection criteria Foreign nationals eligible under this public policy are subject to all other applicable eligibility and admissibility requirements not exempted under this, or another, public policy. ## Effective date and expiration This public policy comes into effect upon signature. This public policy expires on December 31, … 2023, and may be revoked at any time without prior notice. Sean Fraser, M.P. Minister of Immigration, Refugees and Citizenship Dated at Ottawa, this 28 day of February 2023 ## Page details 2023-06-29 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html) - [Check your application status](https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-status.html) ### Government of Canada - [All contacts","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-7f772488e574e7bc857d","countryCode":"CA","country":"Canada","title":"Extension of CUAET Special Measures","policyEffect":"The Canada-Ukraine Authorization for Emergency Travel (CUAET) was extended, allowing free overseas applications until July 15, 2023, and travel/status adjustment for existing holders until March 31, 2024.","operativeDate":"2023-03-22","year":2023,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: The Canada-Ukraine Authorization for Emergency Travel (CUAET) was extended, allowing free overseas applications until July 15, 2023, and travel/status adjustment for existing holders until March 31, 2024.","policyCategory":"Other","policyTool":"Other","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/03/canada-extends-support-for-those-fleeing-russias-illegal-and-unjustifiable-invasion-of-ukraine.html","preciseCitation":"canada.ca. Extension of CUAET Special Measures. Effective 2023-03-22.","evidencePassage":"its support for those who have been forced to flee. This includes helping people find a temporary safe haven in Canada and providing them with the support they need. Today, the Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship, announced that the Government of Canada will extend the [Canada-Ukraine Authorization for Emergency Travel](https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures/cuaet.html) (CUAET). This means that: - Ukrainians and their family members will have until July 15, 2023, to apply overseas for a CUAET visa free of charge; - Anyone holding a CUAET visa will have until March 31, 2024, to travel to Canada under the special measures; and - CUAET holders who are already here in Canada will have until March 31, 2024, to extend or adjust their temporary status through these measures, free of charge. Settlement services will remain available to Ukrainians and their family members after they arrive so that they can fully participate in Canadian communities while they are here. Ukrainians and their family members will also continue to benefit from the [one-time transitional financial support](https://","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-378249ce1093b753200b","countryCode":"CA","country":"Canada","title":"Expansion of the Canada–U.S. Safe Third Country Agreement (STCA) across the Entire Land Border","policyEffect":"Amends the Immigration and Refugee Protection Regulations to implement the Additional Protocol to the STCA. Applies the safe third country principle across the entire 8,891 km Canada–U.S. land border and designated internal waterways, rendering claimants who enter Canada between official ports of entry and make an asylum claim within 14 days ineligible to refer the claim to the Immigration and Refugee Board (IRB), subject to exceptions.","operativeDate":"2023-03-25","year":2023,"affectedGroup":"Irregular border crossers / asylum seekers","materialConditionsAndExceptions":"Validated condition or limit: land border and designated internal waterways, rendering claimants who enter Canada between official ports of entry and make an asylum claim within 14 days ineligible to refer the claim to the Immigration and Refugee Board (IRB), subject to exceptions.","policyCategory":"Asylum and refugee protection / border control","policyTool":"Safe third country rule / ineligibility referral / removal enforcement","sourceName":"Government of Canada (Public Works and Government Services Canada)","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2023/2023-04-12/html/sor-dors58-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 157, Number 8: Regulations Amending the Immigration and Refugee Protection Regulations (Examination of Eligibility to Refer Claim).; SOR/2023-58, Regulations Amending the Immigration and Refugee Protection Regulations (Examination of Eligibility to Refer Claim), Canada Gazette, Part II, Vol. 157, No. 8.","evidencePassage":"1 of the Regulations is amended by adding the following in alphabetical order: stateless person means a person who is not considered a national by any state under the operation of its law. (apatride) 3 (1) Paragraph 159.4(1)(a) of the Regulations is replaced by the following: (a) subject to subsection (1.1), a location that is not a port of entry; (2) Section 159.4 of the Regulations is amended by adding the following after subsection (1): Exception — land border other than ports of entry (1.1) Paragraph 101(1)(e) of the Act applies to a claimant who enters Canada at a location along the Canada – United States land border — including the waters along or across that border — that is not a port of entry and makes a claim for refugee protection less than 14 days after the day on which the claimant enters Canada unless the claimant establishes that any of paragraphs 159.5(a) to (h) applies to the claimant. 4 The portion of section 159.5 of the Regulations before paragraph (a) is replaced by the following: Non-application — claimants at land ports of entry 159.5 Paragraph 101(1)(e) of the Act does not apply if a claimant who seeks to enter Canada at a location other than one identified … in paragraphs 159.4(1)(a) to (c) establishes that 5 The portion of section 159.6 of the Regulations before paragraph (a) is replaced by the following: Non-application — claimants at land ports of entry and in transit 159.6 Paragraph 101(1)(e) of the Act does not apply if a claimant establishes that the claimant Coming into Force 6 These Regulations come into force on the day on which the Additional Protocol to the Agreement between the Government of the United States of America and the Government of Canada for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries … international communications, and social media campaigns to correct misinformation, as well as increased promotion of alternative pathways. These measures were not sufficient to curb the rise in the number of asylum claims by irregular arrivals. Following negotiations with the U.S., both countries signed an additional protocol to the STCA (the Protocol). The Protocol expands the application of the STCA to individuals who make an asylum claim within 14 days of crossing in between POEs along the land border, including internal waterways. Objective The objectives of these changes to the IRPR are to apply … anyone who enters in between POEs along the Canada-U.S. land border and makes a claim for asylum within 14 days. This includes internal waterways, like lakes and rivers, that run along and across the shared border. Both individuals who cross regularly and irregularly will now be returned to the U.S. unless they meet an exception or exemption to the STCA. Amendments are also being made to clarify the definition of stateless person, who is exempt from the STCA, and the authority of immigration officers to allow individuals determined ineligible under the STCA to have their claim redetermined if … Réfugiés - Protocole additionnel à l'Accord entre le Gouvernement du Canada et le Gouvernement des États-Unis d'Amérique pour la coopération en matière d'examen des demandes de statut de réfugié présentées par des ressortissants de pays tiers Titre de la série Treaty series = Recueil des traités ; 2023/3 Type de publicationMonographie - Voir l'enregistrement principal LangueBilingue-[Anglais | Français] FormatTexte numérique Document électronique Voir FR4-2023-3.pdf (PDF, 711 Ko). Description parallèle[Anglais] Note(s) « Fait à Ottawa le 29 mars 2022 et à Washington le 15 avril 2022. En vigueur le 25 mars 2023. » Numérotation répétée sur les pages suppléants. Texte en anglais et en français. Information sur la publication [Ottawa] : Treaty Law Division of the Department of Foreign Affairs, Trade and Development = Direction du droit des traités du Ministère des affaires étrangères, du commerce et du développement, [2023] ©2023 Description1 ressource en ligne (3, 3 pages). ISBN9780660683713 Numéro de catalogue FR4-2023/3-PDF Descripteurs Réfugiés -- Droit -- Canada -- Législation. Réfugiés -- Droit -- États-Unis -- Législation. Droit d'asile -- Canada -- Législation. Droit d'asile -- États","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-caa63b659a29cdfa7ea9","countryCode":"CA","country":"Canada","title":"Special Immigration Measures for Turkish and Syrian Nationals","policyEffect":"Temporary residents from earthquake-affected regions are eligible for fee-waived status extensions, open work permits, or stream changes. PR applicants are exempted from passport requirements, and priority processing is applied to applications from the region.","operativeDate":"2023-03-29","year":2023,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Temporary residents from earthquake-affected regions are eligible for fee-waived status extensions, open work permits, or stream changes.","policyCategory":"Residence, student, skilled work","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/03/canada-announces-support-for-turkish-and-syrian-temporary-residents.html","preciseCitation":"canada.ca. Special Immigration Measures for Turkish and Syrian Nationals. Effective 2023-03-29.","evidencePassage":"steps to make it easier for Turkish and Syrian nationals already in Canada to extend their stay. Today, the Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship, announced new immigration measures to support Turkish and Syrian temporary residents in Canada who may be unable to return home at this time due to the destruction caused by the earthquakes in the region. Effective March 29, 2023, Turkish and Syrian nationals can continue to study, work or visit family by applying for an extension of their status free of charge. An open work permit pathway will be made available for Turkish and Syrian nationals already in Canada. These measures will make it easier for Turkish and Syrian nationals who wish to extend their temporary status in Canada and to move between temporary streams. Recognizing that some permanent residence applicants have lost their travel documents as a result of the earthquakes, we will waive the requirement to hold a passport or travel document to be approved for a permanent resident visa to come to Canada. We are also making it easier for Canadian citizens and permanent residents from Türkiye and Syria to return to Canada by waiving fees for temporary passports, limited-validity passports or emergency travel documents, as well as Canadian citizenship certificates and permanent resident travel documents. These new measures build on work already under way to prioritize overseas applications from those who have been personally impacted by the earthquakes. New and existing temporary residence applications from the affected regions, as well as permanent residence applications—including refugee resettlement applications—are all being processed on a priority basis. This includes visitor visa applications for immediate family members of Canadian … applications in progress in Türkiye and Syria. Of these, approximately 1,700 (750 permanent and 920 temporary residents) were from the area impacted by the earthquakes. - These measures will be in effect from March 29 to September 25, 2023. - More information about how to apply for these new measures will be available on IRCC’s website in the coming weeks. - As of February 24, 2023, Canada announced $50 million in humanitarian support for the earthquake response in Türkiye and Syria. This funding will help support a range of critical humanitarian activities and a timely, effective and coordinated","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-f79132e822370dc8e82f","countryCode":"CA","country":"Canada","title":"Post-Graduation Work Permit (PGWP) 18-Month Extension","policyEffect":"Implementation of a facilitative public policy allowing international graduates with a Post-Graduation Work Permit (PGWP) that expired or was expiring between September 20, 2021, and December 31, 2023, to qualify for an additional open work permit of up to 18 months, including restoration options for those past the 90-day window.","operativeDate":"2023-04-06","year":2023,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: Implementation of a facilitative public policy allowing international graduates with a Post-Graduation Work Permit (PGWP) that expired or was expiring between September 20, 2021, and December 31, 2023, to qualify for an additional open work permit of up to 18 months, including restoration options for those past the 90-day window.","policyCategory":"Graduate, skilled work","policyTool":"Eligibility","sourceName":"IRCC Temporary Public Policy","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/open-work-permit-former-current-post-graduation-work-permit-holders-april-6-2023.html","preciseCitation":"IRCC Temporary Public Policy. Post-Graduation Work Permit (PGWP) 18-Month Extension. Effective 2023-04-06.; Temporary public policy to further facilitate the issuance of an open work permit to certain former or current post-graduation work permit holders","evidencePassage":"](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate.html) 5. [Policies, Ministerial Instructions, and agreements](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements.html) 6. [Immigration, Refugees and Citizenship Canada - Public policies](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies.html) # Temporary public policy to further facilitate the issuance of an open work permit to certain former or current post-graduation … September 20, 2021 and December 31, 2023, will benefit from the ability to maintain or restore their legal status in Canada, support themselves, and fill acute labour market needs in Canada. Individuals who meet the public policy eligibility criteria will also be exempt from the requirement to be authorized to work in Canada until May 31, 2024, to allow them to work while they apply for a new open work permit facilitated under the public policy and for the Department to process that work permit application. Because this “interim work authorization” does not confer temporary resident status, some individuals may also need to apply for an extension or restoration of their status, where applicable. Eligible individuals who left Canada will also be able to apply for a new open work permit in order to return to Canada. This public policy will permit eligible PGWP holders and former PGWP holders: - in Canada to work without authorization in the short term (however this authorization does not in itself provide status in Canada or authorization to return to Canada); - to apply from inside Canada for a new open work permit and facilitate restoration of their status, if applicable; and - who left … Canada to apply for a new open work permit from outside Canada. Open work permits will afford eligible individuals with mobility that may be needed to address the ongoing volatility of the labour market caused by COVID-19. Therefore, I hereby establish that, pursuant to my authority under section 25.2(1) of the *Immigration and Refugee Protection Act* (the Act), there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the Act and the *Immigration and Refugee Protection Regulations* (the Regulations) listed below to foreign nationals who meet the following conditions (eligibility requirements). ## Conditions (eligibility requirements) ### Part 1 – All applicants Based on public policy considerations, delegated officers may grant an exemption, valid until May 31, 2024, from the requirements of the *Immigration and Refugee Protection Regulations* identified below if: The foreign national: 1. held or holds a Post-Graduation Work Permit with an expiry date between September 20, 2021 and December 31, 2023. ### Part 2 – Applicants in Canada with status or eligible for restoration Based on public policy considerations, delegated officers … requirements not exempted under this, or another, public policy. ## Effective date and expiration This public policy comes into effect on April 6, 2023, and will expire on December 31, 2023. The public policy may be revoked at any time. Applications received on or after the coming into effect date and on or before its expiry date, or the date of revocation if applicable, will be processed under this public policy. Sean Fraser, P.C., M.P. Minister of Citizenship and Immigration Dated at Ottawa, this 6 day of April 2023 ## Page details 2023-06-30 ## About this site ### Immigration and citizenship","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0af9ac49a32eb941a4e7","countryCode":"CA","country":"Canada","title":"Reduced work experience requirement for caregiver pilots","policyEffect":"IRCC reduced the required Canadian work experience for foreign caregivers to qualify for permanent residence under the Home Child Care Provider Pilot and Home Support Worker Pilot from 24 months to 12 months.","operativeDate":"2023-04-30","year":2023,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: IRCC reduced the required Canadian work experience for foreign caregivers to qualify for permanent residence under the Home Child Care Provider Pilot and Home Support Worker Pilot from 24 months to 12 months.","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"Immigration, Refugees and Citizenship Canada (IRCC)","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/02/canada-to-reduce-work-experience-requirements-for-caregivers-and-provide-pathways-to-permanent-residence.html","preciseCitation":"Immigration, Refugees and Citizenship Canada (IRCC). Reduced work experience requirement for caregiver pilots. Effective 2023-04-30.; Caregivers: Reduced work experience requirements for permanent residence","evidencePassage":"Rechie Valdez today announced that the amount of work experience in Canada required for a caregiver to qualify for permanent residence is being reduced from 24 months to 12 months. In addition, some spaces under the existing caregiver pathways have been reserved for caregivers who already have work experience in Canada from a previous work permit so that they are able to apply for permanent residence. The change will be effective as of April 30, 2023, and will be retrospective for caregivers who have already applied. As a result, caregivers and their families will benefit from a faster path to permanent … criteria is intended to apply to applicants from both the Home Child Care Provider (HCCP) pilot and the Home Support Worker (HSW) pilot, including those whose applications have already been received by IRCC and prospective applicants for the remainder of the five‑year pilots. - Since the launch of the pilots in 2019, nearly 1,600 caregivers and their family members have become permanent residents. In 2022 alone, nearly 1,100 caregivers and their family members became permanent residents through the two pilots. - Immigration accounts for almost all of Canada’s labour force growth. Roughly 75% of Canada","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-daa5f64d9f73676931de","countryCode":"CA","country":"Canada","title":"Special Facilitative Measures for Family Members Fleeing Conflict in Sudan","policyEffect":"Implementation of fee exemptions for Temporary Resident Visas (TRVs), Temporary Resident Permits (TRPs), and biometrics for family members fleeing conflict in Sudan, including eligibility for fee-exempt work and study permits.","operativeDate":"2023-04-30","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Implementation of fee exemptions for Temporary Resident Visas (TRVs), Temporary Resident Permits (TRPs), and biometrics for family members fleeing conflict in Sudan, including eligibility for fee-exempt work and study permits.","policyCategory":"Family, student, skilled work","policyTool":"Fees","sourceName":"IRCC Temporary Public Policy","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/sudan-family-2023.html","preciseCitation":"IRCC Temporary Public Policy. Special Facilitative Measures for Family Members Fleeing Conflict in Sudan. Effective 2023-04-30.; Temporary public policy to facilitate temporary resident processing for foreign nationals affected by the situation in Sudan","evidencePassage":"Canadian citizens and permanent residents of Canada in Sudan, to safety, and it is understood that foreign national spouses, common-law partners and children will be accompanying them in evacuating the country. The intention of this public policy, in light of the deteriorating situation in Sudan and evolving operational reality, is to exempt eligible foreign national family members who have left Sudan since the violence erupted from the requirement to pay the applicable Temporary Resident Visa and Temporary Resident Permit processing fee, as well as fees for the provision of services in relation … to the collection of biometric information, to facilitate their travel to Canada. After arrival, eligible foreign nationals under this public policy who have been admitted as temporary residents would have access to apply for fee-exempt open work permits and study permits to aid in their settlement, and, having followed this pathway to settle in Canada, would also receive a fee waiver for their application for permanent residence under the family class, should they choose to make such an application. Therefore, I hereby establish that there are sufficient public policy considerations that justify … applied for a Permanent Resident Visa as a member of the Family Class or for permanent residence under the spouse or common-law partner in Canada class. ## Provisions of the Regulations for which an exemption may be granted, if applicable: **For foreign nationals who meet the conditions listed in 1)** - Subsection 296(1) - the requirements to pay an application processing fee for a Temporary Resident Visa; - Subsection 298(1) – the requirements to pay an application processing fee for a Temporary Resident Permit; - Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information. **For foreign nationals who meet the conditions listed in 2)** - Paragraphs 199(a)-(i) – the requirements that a foreign national must meet in order to apply for a work permit after entering Canada; - Paragraph 200(1)(c) – the requirement to be described under this paragraph of the Regulations; - Subsection 299(1) – the requirements to pay an application processing fee for a work permit; - Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information **For foreign nationals who … meet the conditions listed in 3)** - Section 213 – the requirement to apply for a study permit before entering Canada; - Subsection 300(1) – the requirements to pay an application processing fee for a study permit; - Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information. **For foreign nationals who meet the conditions listed in 4)** - Paragraph 295 (1)(a) – the requirements to pay an application processing fee for a Permanent Resident Visa as a member of the Family Class; - Subsection 301(1)(a) – the requirements to pay an application processing fee for permanent residence under the spouse or common-law partner in Canada class - Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information. ## Other Admissibility and Selection Criteria Foreign nationals eligible under this public policy are subject to all other applicable eligibility and admissibility requirements unless exempted by this temporary public policy or another public policy. ## Effective Date and Expiration This temporary public policy will take effect 24 hours after signature and will expire one year after signature. This temporary public policy may be revoked at any time, without prior notice. Sean Fraser, P.C., M.P. Minister of Citizenship and Immigration Dated at Ottawa, this 30 day of April 2023 ## Page details 2024-05-02 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html) - [Check your application status](https://www.canada.ca/en/immigration-refugees-citizenship/services/application","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-6ed49febf4d47d2f9769","countryCode":"CA","country":"Canada","title":"Extension and Structural Expansion of the Agri-Food Pilot","policyEffect":"The Agri-Food Pilot was extended until May 14, 2025. Key policy changes included the complete removal of occupational caps for candidates and a roadmap to expand OWP access to family members and simplify work experience documentation.","operativeDate":"2023-05-08","year":2023,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: The Agri-Food Pilot was extended until May 14, 2025.","policyCategory":"Residence, skilled work","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/05/canada-announces-extension-to-the-agri-food-pilot-facilitating-access-to-permanent-residence-for-workers-and-their-families.html","preciseCitation":"canada.ca. Extension and Structural Expansion of the Agri-Food Pilot. Effective 2023-05-08.; Agri-Food Pilot extended to 2025 to support continued business growth and labour needs","evidencePassage":"2023—L’Orignal, Ontario—** The Government of Canada recognizes the importance of supporting the agri-food sector’s labour market needs and strengthening Canada’s food supply system. One key to success for Canadian farmers and food processors is their ability to recruit and retain a skilled workforce. The Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship, today announced the extension of the Agri-Food Pilot, which will now run until May 14, 2025. Launched in May 2020, the pilot helps facilitate the transition of experienced workers in agricultural and food industries to … permanent residence in Canada. To support employers and candidates, the Minister also announced the removal of the annual occupational caps, or the limits for how many candidates can apply for a specific occupation under the pilot. Removing these limits will provide an opportunity for more eligible candidates to apply. By the end of the year, Immigration, Refugees and Citizenship Canada (IRCC) intends to introduce new changes to the pilot in stages, including - expanding open work permit access to family members of all participants in the Agri-Food Pilot—regardless of the participant’s job skill level - allowing unions to attest to a candidate’s work experience, as an alternative to employer reference letters - giving applicants residing in Canada the option to either meet the job offer requirement, including the median wage requirement for the job offer, or the education requirement, including educational credential assessment verification - accepting work experience gained under an open work permit for vulnerable workers, giving more workers an opportunity to qualify Together, these changes are a significant step in meeting the longstanding labour market needs of employers in the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-025655eded7593084cd8","countryCode":"CA","country":"Canada","title":"Extension of Electronic Travel Authorization to 13 Additional Countries","policyEffect":"The Canadian government added 13 countries to its Electronic Travel Authorization (eTA) program. Eligible travellers from these countries who previously held a Canadian visa or have a current U.S. visa can apply for a digital eTA instead of a visitor visa.","operativeDate":"2023-06-06","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Eligible travellers from these countries who previously held a Canadian visa or have a current U.S.","policyCategory":"Visitor","policyTool":"Eligibility","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2023/2023-06-07/html/sor-dors106-eng.html","preciseCitation":"gazette.gc.ca. Extension of Electronic Travel Authorization to 13 Additional Countries. Effective 2023-06-06.; Canada Gazette, Part II, Volume 157, Number 12: Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Travel Authorization): SOR/2023-106.; SOR/2023-106, Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Travel Authorization), Canada Gazette, Part II, Vol. 157, No. 12.","evidencePassage":"The amendment adds the following 13 countries to the list of visa-required countries eligible for an eTA in the IRPR: the Seychelles, Panama, Uruguay, Argentina, Trinidad and Tobago, St. Kitts and Nevis, St. Lucia, Antigua and Barbuda, St. Vincent and the Grenadines, Thailand, the Philippines, Morocco, and Costa Rica.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-6a4793a0ca908d9e442b","countryCode":"CA","country":"Canada","title":"Removal of the Biometrics Exemption for In-Canada Permanent Residence Applicants","policyEffect":"Ended the temporary COVID-19 pandemic-era public policy that had exempted in-Canada permanent residence applicants from giving biometrics if they had previously submitted biometrics within the past 10 years. Re-established the mandatory collection of biometrics prior to the finalization of PR applications.","operativeDate":"2023-06-14","year":2023,"affectedGroup":"In-canada applicants for permanent residence","materialConditionsAndExceptions":"Validated condition or limit: Ended the temporary COVID-19 pandemic-era public policy that had exempted in-Canada permanent residence applicants from giving biometrics if they had previously submitted biometrics within the past 10 years.","policyCategory":"Admission procedures / identity verification & security","policyTool":"Biometric enrollment mandate","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates/2023-removal-exemption-biometrics.html","preciseCitation":"IRCC Program Delivery Update, Removal of the public policy exempting foreign nationals with previous biometrics on file who are applying for permanent residence from biometrics.; Removal of the biometrics exemption for in-Canada permanent residence applicants","evidencePassage":"On June 14, 2023, the public policy exempting foreign nationals with previous biometrics on file who are applying for permanent residence from the biometrics requirement was lifted, and changes to the GCMS have restored pre-pandemic procedures. Permanent residence applications submitted on or after June 14, 2023 will now be required to submit biometrics as per regular procedures, unless otherwise exempt.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-549e9a5584cd2f6b93a4","countryCode":"CA","country":"Canada","title":"Expansion of the Francophone Mobility Program","policyEffect":"Expanded the Francophone Mobility work permit program to include all National Occupational Classification (NOC) skill levels (excluding primary agriculture) and reduced French language proficiency requirements to CLB 5.","operativeDate":"2023-06-15","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Skilled work","policyTool":"Eligibility","sourceName":"Canada.ca, Immigration, Refugees and Citizenship Canada (IRCC) news release, Press Release: Expansion of Francophone Mobility. Direction: loosening. PolicyStatusNote: effective for a period of two years.","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/06/canada-expands-the-francophone-mobility-program-to-increase-francophone-immigration.html","preciseCitation":"Canada.ca, Immigration, Refugees and Citizenship Canada (IRCC) news release, Press Release: Expansion of Francophone Mobility. Direction: loosening. PolicyStatusNote: effective for a period of two years.. Expansion of the Francophone Mobility Program. Effective 2023-06-15.; Canada expands the Francophone Mobility Program to increase Francophone immigration","evidencePassage":"Citizenship, announced the expansion of the Francophone Mobility Program, for a period of two years, which allows a Canadian employer to make a job offer to an eligible candidate with a moderate command of French for all [National Occupation Classification](https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/find-national-occupation-code.html) with the exception of jobs in primary agriculture. This measure, initially reserved for highly skilled French-speaking temporary foreign workers, now opens doors to more French-speaking immigrants by offering them the opportunity to gain Canadian work experience and potentially qualify for permanent residence. The French language proficiency criteria are also updated for all foreign nationals applying for a work permit under the Francophone Mobility Program. The temporary foreign national must have a moderate language proficiency of French for oral comprehension and oral expression. This is equivalent to a level 5 of the language requirements. These new language requirements meet the French language needs for all of these occupations and will expand the pool of eligible French-speaking","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-747a9dc2a39e2eacaf9e","countryCode":"CA","country":"Canada","title":"Study Permit Exemption for Temporary Foreign Workers","policyEffect":"IRCC issued a temporary public policy authorizing eligible temporary foreign workers in Canada to enroll in full-time or part-time study programs of any duration without having to obtain a separate study permit. To be eligible, workers had to hold a valid work permit or have a pending work permit extension application submitted on or before June 7, 2023.","operativeDate":"2023-06-27","year":2023,"affectedGroup":"Temporary foreign workers in canada","materialConditionsAndExceptions":"Validated condition or limit: IRCC issued a temporary public policy authorizing eligible temporary foreign workers in Canada to enroll in full-time or part-time study programs of any duration without having to obtain a separate study permit.; To be eligible, workers had to hold a valid work permit or have a pending work permit extension application submitted on or before June 7, 2023.","policyCategory":"Foreign worker study rights / skill development","policyTool":"Temporary public policy","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/study-permit-exemption-work-permit-holders.html","preciseCitation":"Temporary public policy allowing work permit holders to study without a study permit","evidencePassage":"authorized stay ends. ### A student plans to come to Canada to take a 5-month chef course at a DLI during which they will be required to work as a chef in a restaurant for a month. Yes. Students in such cases should obtain a study permit as well as a work permit under the Co-op Work Permit Program. ### Foreign nationals eligible for the temporary public policy allowing certain valid work permit holders or certain foreign nationals who are authorized to work under R186(u) to study without a study permit as of June 27, 2023 The [temporary public policy](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/study-without-study-permit.html) allows certain foreign nationals who hold a valid work permit or have applied to renew their work permit and are authorized to work under [paragraph R186(u)](https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-186.html) to study in Canada without a study permit from June 27, 2023, until June 27, 2026. This applies to eligible foreign nationals 1. who hold a valid work permit and whose application associated with that permit was received by IRCC on or before June 7, 2023, or 2. who submitted an application to renew a work permit on or before June 7, 2023, and are authorized to work under [paragraph R186(u)](https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-186.html) Eligible foreign nationals are authorized to study without a study permit until the earliest of the following occurrences: - The work permit application referred to in (2) is refused. - The work permit referred to in (1) or that was issued as a result of the application referred to in (2) expires. - This public policy expires (June 27, 2026). - The public policy","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-a9f9352222fd14c8a897","countryCode":"CA","country":"Canada","title":"Temporary Public Policy for U.S. H-1B Visa Holders (Open Work Permit Stream)","policyEffect":"Created a dedicated temporary pathway under section 25.2 of the IRPA allowing foreign nationals holding valid U.S. H-1B specialty occupation visas and living in the United States to apply for an open work permit of up to three years in Canada without an existing Canadian job offer. The policy was capped at 10,000 principal applicants.","operativeDate":"2023-07-16","year":2023,"affectedGroup":"High-skilled workers / h-1b specialty occupation holders","materialConditionsAndExceptions":"Validated condition or limit: H-1B specialty occupation visas and living in the United States to apply for an open work permit of up to three years in Canada without an existing Canadian job offer.","policyCategory":"Temporary labor migration / high-skilled work permits","policyTool":"Open work permit / lmia exemption","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/06/canadas-tech-talent-strategy.html","preciseCitation":"IRCC, Tech Talent Strategy: Temporary Public Policy for H-1B Visa Holders.","evidencePassage":"Canadian company, they would be able to bring their skills to a Canadian employer by applying for a temporary work permit or even permanent residence. 3. Improving labour mobility in North America by creating a streamlined work permit for H-1B specialty occupation visa holders in the US to apply to come to Canada - Thousands of workers in high-tech fields are employed with companies that have large operations in both Canada and the US, and those working in the US often hold an H-1B specialty occupation visa. - As of July 16, 2023, H-1B specialty occupation visa holders in the US, and their accompanying immediate family members, will be eligible to apply to come to Canada. - Approved applicants will receive an open work permit of up to three years in duration, which means they will be able to work for almost any employer anywhere in Canada. Their spouses and dependants will also be eligible to apply for a temporary resident visa, with a work or study permit, as needed. - This will expand the opportunities available for skilled workers to continue to pursue their careers in the high-tech sector and contribute to economic growth and prosperity in North America. - This measure will remain in effect for one year, or until IRCC receives 10,000 applications. Only principal applicants, and not their accompanying family members, will count toward the application cap. 4. Improving existing programs that cater to workers in high-skill tech occupations - We’re improving some of Canada’s existing immigration programs that can benefit workers in high-skilled tech occupations, including the Global Skills Strategy and the Start-up Visa Program. - **Global Skills Strategy** - The Global Skills Strategy, launched in 2017, features four policies designed to support Canadian employers seeking","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-a68b548454d159775ee4","countryCode":"CA","country":"Canada","title":"Expansion of Refugee Stream for Human Rights Defenders","policyEffect":"The Government-Assisted Refugees program increased the annual cap of resettlement spaces for at-risk human rights defenders and their family members from 250 to 500.","operativeDate":"2023-07-25","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"Other","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/07/canada-doubles-resettlement-spaces-for-human-rights-defenders.html","preciseCitation":"Canada.ca. Expansion of Refugee Stream for Human Rights Defenders. Effective 2023-07-25.","evidencePassage":"Minister of Immigration, Refugees and Citizenship, today announced the expansion of the global human rights defenders stream, doubling the number of resettlement spaces from 250 to 500 for HRDs and their family members. The initiative, propelled by the belief that no one should face persecution for championing justice, reflects Canada's unwavering commitment to providing a sanctuary for those who risk their lives in the pursuit of fundamental freedoms. Human rights defenders help build the inclusive and democratic societies that contribute to a peaceful and prosperous international community. Canada","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-f7ab449c04a4e1ee1dbf","countryCode":"CA","country":"Canada","title":"Temporary public policy for foreign nationals directly affected by the floods in Nova Scotia","policyEffect":"IRCC enacted temporary measures to support foreign nationals directly impacted by the floods in Nova Scotia, including fee exemptions for document replacement, status extension and restoration, work or study permit renewals, and biometric collection, alongside restoration timeline flexibilities.","operativeDate":"2023-07-28","year":2023,"affectedGroup":"Foreign nationals directly affected by the floods in nova scotia who held valid temporary resident status when the flooding began","materialConditionsAndExceptions":"Validated condition or limit: IRCC enacted temporary measures to support foreign nationals directly impacted by the floods in Nova Scotia, including fee exemptions for document replacement, status extension and restoration, work or study permit renewals, and biometric collection, alongside restoration timeline flexibilities.","policyCategory":"Student, skilled work, other","policyTool":"Other","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/nova-scotia-floods-2023.html","preciseCitation":"","evidencePassage":"This public policy exempts foreign nationals in Nova Scotia who were directly affected by the floods, and who held valid temporary resident status in Canada when the flooding began, from the requirement to pay the fees associated with the re-issuance of temporary resident immigration documents; fees for applications to extend or restore their status as temporary residents; fees to renew work or study permits; and, where applicable, the fees for the provision of services in relation to the collection of biometric information. The public policy also provides those affected by the floods with more time restore their temporary resident status, if needed. … This public policy comes into effect 3 days after signature, and applies to applications received on or after the date it comes into effect. … The Hon. Sean Fraser, P.C., M.P. Minister of Citizenship and Immigration Dated Ottawa, this 25 day of July, 2023","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-aa738d0a8803826977ea","countryCode":"CA","country":"Canada","title":"Federal post-graduation work permit access restricted for new students at affected Quebec institutions","policyEffect":"From September 1, 2023, Canada restricted federal post-graduation work permit eligibility for new study at affected unsubsidized private learning institutions in Quebec. The policy aligned Quebec’s eligibility rules with those in other provinces. It was not a blanket removal of eligibility from all previous graduates: the official transitional guidance preserved a route to eligibility for earlier starters who met its programme-duration, credential and other PGWP criteria.","operativeDate":"2023-09-01","year":2023,"affectedGroup":"International students starting programmes at affected unsubsidized private learning institutions in quebec, subject to transitional rules for earlier starters","materialConditionsAndExceptions":"Validated condition or limit: From September 1, 2023, Canada restricted federal post-graduation work permit eligibility for new study at affected unsubsidized private learning institutions in Quebec.; The policy aligned Quebec’s eligibility rules with those in other provinces.; It was not a blanket removal of eligibility from all previous graduates: the official transitional guidance preserved a route to eligibility for earlier starters who met its programme-duration, credential and other PGWP criteria.","policyCategory":"Graduate, student","policyTool":"Eligibility","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2022/06/implementation-of-a-measure-to-protect-the-integrity-of-the-international-student-program-in-quebec.html","preciseCitation":"IRCC announcement of June 7, 2022; Graduates of certain Quebec institutions, page dated January 7, 2025","evidencePassage":"Immigration, Refugees and Citizenship Canada](https://www.canada.ca/en/immigration-refugees-citizenship.html) ## News release Jean Boulet, Quebec Minister of Labour, Employment and Social Solidarity, Minister of Immigration, Francization and Integration and Minister Responsible for the Mauricie Region, and the Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship Canada, announced a new measure to restrict access to the post-graduation work permit for certain graduates of unsubsidized private learning institutions. **June 7, 2022—Ottawa, ON—**Jean Boulet, Quebec Minister of Labour, Employment and Social Solidarity, Minister of Immigration, Francization and Integration and Minister Responsible for the Mauricie Region, and the Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship Canada, announced a new measure to restrict access to the post-graduation work permit for certain graduates of unsubsidized private learning institutions. This measure consists of making post-graduation work permits available only to graduates of a subsidized program of study. The goal is to take the corrective action needed to address gaps brought to light in an investigation by … ## Quick facts - Unsubsidized private learning institutions have been attracting a large number of international students since 2018. - For the period of 2016–2018, approximately 4,900 international students received a study permit for one of these institutions. - For the period of 2019–2021, the estimated number of international students who received a study permit for one of these institutions jumped to 11,500. - The measure consists of restricting access to post-graduation work permits for unsubsidized private learning institutions so that only graduates of a subsidized program of study can … access them. The restriction involves all levels of study. It will come into effect on September 1, 2023. ## Associated links - [Designated learning institutions list](https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare/designated-learning-institutions-list.html) ## Contacts **Contacts for media only** **Aidan Strickland** Press Secretary Minister’s Office, Immigration, Refugees and Citizenship Canada [Aidan.Strickland@cic.gc.ca](mailto:Aidan.Strickland@cic.gc.ca) **Media Relations** Communications Branch Immigration, Refugees and Citizenship Canada","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-9077091864656c5b88af","countryCode":"CA","country":"Canada","title":"Extension of Afghan Resettlement for Extended Families of LCAs","policyEffect":"Policy update extending the period for receiving permanent residence applications from extended family members of former Afghan Language and Cultural Advisors, with a cap of 380 principal applicants.","operativeDate":"2023-09-12","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/families-former-language-cultural-advisors-extension.html","preciseCitation":"Canada.ca. Extension of Afghan Resettlement for Extended Families of LCAs. Effective 2023-09-12.","evidencePassage":"for extended families of former language and cultural advisors – Extension Through this public policy, we’ve provided a pathway to permanent residence for extended families of former language and cultural advisors (LCAs) in Canada who: - are Canadian citizens or permanent residents - were employed by Department of National Defence (DND) in Afghanistan between 2001 and 2021 We are no longer accepting new applications under this public policy. ## Background The withdrawal of international forces from Afghanistan, which began on May 1, 2021, has created significant risks with respect to security in … it is likely that these persons face an increased risk due to their relationship with those who worked with DND in Afghanistan. ## Public policy considerations In order to facilitate the reunification of former LCAs who worked with DND in Afghanistan with the members of their extended family who are outside Canada, this public policy will facilitate the issuance of permanent resident visas for these persons. This public policy updates the implementation timeframe by extending the period for receipt of applications by IRCC. As such, I hereby establish that there are sufficient public policy considerations … identified below when a foreign national meets the following conditions. The foreign national: 1. Is a national of Afghanistan; 2. Is outside Canada at the time of application; 3. Was in Afghanistan on or after July 22, 2021; 4. Has submitted an application for permanent residence using the application package provided by the Department; 5. Is a child (regardless of age), grandchild, parent, grandparent, or sibling (may include a sibling-in-law if the sibling of the former Language and Cultural advisor is missing and presumed dead, or deceased and was married or in a common-law relationship with … the sibling-in-law at the time of disappearance or death, and the sibling in-law is not a spouse or common-law partner of another person) of a Canadian citizen or permanent resident whose employment as a Language and Cultural Advisor in Afghanistan for the Department of National Defence between 2001 and 2021 has been confirmed by the Department of National Defence. 6. Has provided a statutory declaration, from the former Language and Cultural Advisor, described in condition 5, of their relationship to the principal applicant. 7. Has provided a statutory declaration, from the former Language and … not otherwise exempted. ## Provincial selection criteria (Quebec) Applicants wishing to settle in Quebec cannot be issued a permanent resident visa or be granted permanent residence unless Quebec determines that they meet the applicable selection criteria of the province and issues a *Certificat de sélection du Québec* (Quebec Selection Certificate). ## Coming into effect and expiration This temporary public policy takes effect on September 12, 2023 and may be revoked at any time. Applications under this public policy will cease to be accepted after December 31, 2023, or after applications for","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-97dc292024644867a659","countryCode":"CA","country":"Canada","title":"H-1B Open Work Permit Measures Expansion","policyEffect":"IRCC enacted a policy to resolve processing backlogs by processing applications that exceeded the 10,000 cap, accepting late applications for accompanying family members, and waiving study permit fees for minor children of H-1B open work permit holders.","operativeDate":"2023-09-27","year":2023,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Skilled work, student, family","policyTool":"Other","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/new-temporary-public-policy-facilitate-h1b-application-processing.html","preciseCitation":"Canada.ca. H-1B Open Work Permit Measures Expansion. Effective 2023-09-27.","evidencePassage":"citizenship/news/notices.html) # New temporary public policy to facilitate processing of some H-1B open work permit applications **Ottawa, March 18th, 2024—**A new temporary public policy took effect on September 27, 2023, to facilitate certain applications that Immigration, Refugees and Citizenship Canada (IRCC) received under the H-1B open work permit measure, launched on July 16, 2023. This temporary public policy clarifies internal processing procedures only. We are not inviting new principal applicants to apply at this time. The new public policy authorizes IRCC to process 1. a small number of … applications received in excess of the cap because they were submitted simultaneously to the cap being reached on July 17, 2023 2. applications that were submitted on behalf of applicants and their family members by their immigration representatives through the Authorized Paid Representatives Portal before the cap was reached on July 17, 2023 3. work permit applications for accompanying family members, including those who have already applied for a work permit, or who will apply for one in the next 12 months Additionally, the new temporary public policy waives study permit processing fees for … minor children (17 and under) of H-1B holders who applied for a work permit under the initial H-1B open work permit measure and now wish to apply for a study permit from within Canada after arrival, although a physical study permit is not necessary for minors to study in Canada. This will help resolve issues experienced in the application process by some H-1B applicants who were unable to submit a study permit application for their minor children. Instructions for family members of principal applicants on how to apply under the new public policy and eligibility criteria on how to waive study","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-252f3d3a11026f9fc81e","countryCode":"CA","country":"Canada","title":"Extension of Afghan Special Immigration Measures (SIMs)","policyEffect":"Extension of the Special Immigration Measures program for Afghan nationals with a significant and enduring relationship to Canada, extending the expiry to December 31, 2023, or until the 20,600 cap is reached.","operativeDate":"2023-10-01","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Extension of the Special Immigration Measures program for Afghan nationals with a significant and enduring relationship to Canada, extending the expiry to December 31, 2023, or until the 20,600 cap is reached.","policyCategory":"Other","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/resettlement-additional-afghan-nationals-relationship-extension-2.html","preciseCitation":"Canada.ca. Extension of Afghan Special Immigration Measures (SIMs). Effective 2023-10-01.","evidencePassage":"citizenship/corporate.html) 4. [Mandate](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate.html) 5. [Policies, Ministerial Instructions, and agreements](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements.html) 6. [Immigration, Refugees and Citizenship Canada - Public policies](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies.html) # Temporary public policy for the resettlement of additional Afghan nationals with a significant and/or enduring relationship to Canada – Extension This public policy updates the Special Immigration Measures (SIMs) program’s expiry date. For this program, Afghans must be referred to us by Global Affairs Canada or the Department of National Defence. The Government of Canada has enough referrals to meet our goal. ## Background The Government of Afghanistan collapsed in August 2021. After the withdrawal of international forces, the Taliban took power and remains unrecognized by the international community as the government of Afghanistan. This volatile situation has created significant … Temporary public policy for the resettlement of additional Afghan nationals with a significant and/or enduring relationship to Canada* (signed June 8, 2022); and 5. *Temporary public policy for the resettlement of additional Afghan nationals with a significant and/or enduring relationship to Canada – Update and clarification* (signed March 29, 2023). This public policy updates the implementation timeframe and enables the continuation of processing to meet the Government’s commitment of resettling 18,000 Afghans with a significant and/or enduring relationship to Canada. Recognizing the ongoing … of Quebec’s selection criteria further to subsection 70(3) of the Regulations, and cannot be granted permanent residence unless Quebec determines that they meet such criteria. ## Coming into effect and expiration This public policy replaces the *Temporary public policy for the resettlement of additional Afghan nationals with a significant and/or enduring relationship to Canada – Update and clarification* dated March 29, 2023, and takes effect on October 1st, 2023. This public policy may be revoked at any time. This public policy ends on December 31, 2023, or once the total number of applications accepted into processing by IRCC under all temporary public policies for the resettlement of Afghan nationals with a significant and/or enduring relationship to Canada reaches 20,600 individuals (principal applicants, their family members, *de facto* dependents and household members), whichever comes first, with the view to fulfill the commitment of 18,000 admissions. ## Transitional Cases Applications accepted for processing by IRCC under a previous temporary public policy for the resettlement of Afghan nationals with a significant and/or enduring relationship to Canada and pending on October","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-2f824a6a54e253724986","countryCode":"CA","country":"Canada","title":"Launch of the CAN Work Philippines Pilot Program","policyEffect":"Introduction of a fast-track work permit pilot program for Canadian employers recruiting 50 or more workers from the Philippines, or those hiring for critical shortage occupations in agriculture, health care, and construction.","operativeDate":"2023-10-19","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Skilled work, seasonal, talent","policyTool":"New pathway","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/10/pilot-program-launches-to-streamline-work-permit-processing-for-canadian-employers-recruiting-in-the-philippines.html","preciseCitation":"Immigration, Refugees and Citizenship Canada. Launch of the CAN Work Philippines Pilot Program. Effective 2023-10-19.","evidencePassage":"economy. **October 19, 2023**—**Ottawa—**The Government of Canada is helping Canadian employers efficiently hire the workers they need to fill jobs and grow our economy. The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, announced today the launch of CAN Work Philippines—a pilot program at Immigration, Refugees and Citizenship Canada (IRCC)’s visa office in Manila—which coincides with the first-ever Philippines–Canada Friendship Week. The pilot will streamline work permit processing for eligible Canadian employers and allow employers to schedule group appointments … for medical examinations and biometrics for potential employees, so that skilled workers in the Philippines can come to Canada. The pilot is open to Canadian employers recruiting from the Philippines and hiring approximately 50 or more workers, or for critical occupations in sectors such as health care, construction and agri-food. Canada takes its responsibilities to protect temporary foreign workers very seriously. To participate in the program, employers must demonstrate their commitment to fair and ethical recruitment guidelines, as published by the International Organization for Migration","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-451a24af60381be1b8e5","countryCode":"CA","country":"Canada","title":"Temporary Foreign Worker Program LMIA Validity and Wage Review Updates","policyEffect":"Reduced maximum Labour Market Impact Assessment (LMIA) validity from 18 to 12 months, extended Workforce Solutions Road Map low-wage stream measures, and introduced mandatory annual wage reviews for temporary foreign workers.","operativeDate":"2023-10-26","year":2023,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Reduced maximum Labour Market Impact Assessment (LMIA) validity from 18 to 12 months, extended Workforce Solutions Road Map low-wage stream measures, and introduced mandatory annual wage reviews for temporary foreign workers.","policyCategory":"Skilled work, residence, talent","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/employment-social-development/news/2023/10/government-of-canada-extends-workforce-solutions-road-map-and-introduces-new-wage-requirements-under-the-temporary-foreign-worker-program.html","preciseCitation":"canada.ca. Temporary Foreign Worker Program LMIA Validity and Wage Review Updates. Effective 2023-10-26.","evidencePassage":"of labour shortages. Today, the Minister of Employment, Workforce Development and Official Languages, Randy Boissonnault, announced changes to the Road Map, to better reflect current labour market conditions and the economic outlook for the future. These extended measures will be in place until August 30, 2024, and will be reviewed as labour market and economic conditions continue to evolve in the following months. They include: - continuing to allow employers in seven sectors with demonstrated labour shortages to hire up to 30% of their workforce through the TFW Program for positions under the provincial or territorial median hourly wage; - maintaining the maximum duration of employment for positions under the provincial or territorial median hourly wage at up to two years; and - adjusting the Labour Market Impact Assessment (LMIA) validity period from the current 18-month maximum to a maximum of 12-months to better respond to the labour market. Along with these temporary measures and to better support workers and address concerns of wage suppression, employers will now be required as of January 1, 2024, to annually review temporary foreign workers’ wages to ensure that they reflect increases to prevailing wage rates for their given occupation and region of work. Through periodic wage increases, these reviews will ensure that employers continue to pay temporary foreign workers at the prevailing wage level throughout their period of employment. The TFW Program Workforce Solutions Road Map helps employers respond to current labour market needs, while helping to ensure that Canadian jobs and wages are prioritized. Market conditions will continue to be carefully monitored to ensure that the program adapts to changes in the Canadian economy while protecting temporary foreign","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d8c741ee96f01751b068","countryCode":"CA","country":"Canada","title":"Launch of Humanitarian Pathway for Colombian, Haitian, and Venezuelan Nationals","policyEffect":"IRCC launched a dedicated family-based permanent residence pathway for nationals of Colombia, Haiti, and Venezuela currently residing in Central or South America, capped at 15,000 individuals.","operativeDate":"2023-11-17","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Residence, family","policyTool":"New pathway","sourceName":"Immigration, Refugees and Citizenship Canada (IRCC)","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/11/canada-continues-humanitarian-effort-for-people-in-the-americas.html","preciseCitation":"Immigration, Refugees and Citizenship Canada (IRCC). Launch of Humanitarian Pathway for Colombian, Haitian, and Venezuelan Nationals. Effective 2023-11-17.; Immigration, Refugees and Citizenship Canada, \"Temporary public policy to facilitate the issuance of permanent resident visas to certain Colombian, Haitian and Venezuelan nationals with family in Canada\", canada.ca, 4 December 2023.","evidencePassage":"facing an unprecedented migration crisis. With record numbers of people displaced internationally, Canada recognizes the need to take action and is working to support vulnerable individuals by providing them with safe and regular migration pathways. This is why Canada is providing an alternative to irregular migration by welcoming 15,000 people from the Western Hemisphere through a family-based humanitarian pathway in addition to our existing programs. ## **New humanitarian pathway for Colombian, Haitian and Venezuelan foreign nationals launches today** **November 17, 2023—Ottawa—**The world is facing an unprecedented migration crisis. With record numbers of people displaced internationally, Canada recognizes the need to take action and is working to support vulnerable individuals by providing them with safe and regular migration pathways. This is why Canada is providing an alternative to irregular migration by welcoming 15,000 people from the Western Hemisphere through a family-based humanitarian pathway in addition to our existing programs. The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, today announced that the [dedicated humanitarian pathway](https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/10/statement-from-minister-miller-on-canadas-commitment-to-support-migrants-in-the-americas.html) to provide permanent residence to Colombian, Haitian and Venezuelan foreign nationals is now open for applications. To qualify for the pathway, the principal applicant must be a child (regardless of age), grandchild, spouse, common-law partner, parent, grandparent or sibling of a Canadian citizen or permanent resident who agrees to support them and their family members as an anchor for one year. Those coming to Canada through the new humanitarian","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-db0cc8992cda5a8d30ad","countryCode":"CA","country":"Canada","title":"IRPR Miscellaneous Program Amendments (Electronic Deemed Receipt & Sponsorship Redundancies)","policyEffect":"Amends the Immigration and Refugee Protection Regulations to establish explicit deemed receipt rules for electronic applications/claims (s. 9.3(1)), eliminate duplicate spousal under-18 restrictions, and update statutory cross-references to the Québec Immigration Regulation.","operativeDate":"2023-11-24","year":2023,"affectedGroup":"All applicants / sponsors","materialConditionsAndExceptions":"","policyCategory":"Legal framework / administration","policyTool":"Deemed receipt and statutory updates","sourceName":"Governor in Council / Public Works and Government Services Canada","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2023/2023-12-06/html/sor-dors249-eng.html","preciseCitation":"SOR/2023-249, Regulations Amending the Immigration and Refugee Protection Regulations (Miscellaneous Program), Canada Gazette, Part II, Vol. 157, No. 25.","evidencePassage":"9.3 (1) Any application, request, claim, document or information sent by a foreign national, an individual or an entity using electronic means is deemed to have been received by the Minister at the time and on the date indicated by the electronic means that is made available or specified by the Minister for that purpose.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-2c47973d578dcdf66de2","countryCode":"CA","country":"Canada","title":"Acceptance of European Union Laissez-Passer as Valid Travel Document","policyEffect":"Amends section 52(1) of the Immigration and Refugee Protection Regulations to officially recognize the laissez-passer issued by the European Union as a valid travel document for foreign nationals seeking temporary entry to Canada.","operativeDate":"2023-11-25","year":2023,"affectedGroup":"European union representatives on official business","materialConditionsAndExceptions":"","policyCategory":"Border / travel documents","policyTool":"Travel document recognition","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2023/2023-10-11/html/sor-dors199-eng.html","preciseCitation":"","evidencePassage":"1 Subsection 52(1) of the Immigration and Refugee Protection Regulations footnote 1 is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j): (k) a laissez-passer that was issued by the European Union. … 2 These Regulations come into force at 00:00:01 Eastern standard time on the 60th day after the day on which they are registered. … The IRPR are amended to prescribe the European Union laissez-passer as an acceptable document that may be used by European Union representatives on official business seeking to enter Canada as temporary residents. … For official travel purposes, European Union representatives entering Canada using the laissez-passer are required to obtain a diplomatic/official temporary resident visa, issued for free for official visits. Issuance of an electronic travel authorization will not be possible when using the European Union Laissez-Passer. … Similar to the limitations facing holders of a United Nations laissez-passer or the Organization of American States travel document, European Union laissez-passer holders will not be able to use the laissez-passer to enter Canada for non-official travel.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-99d014a8a6d94b1d3804","countryCode":"CA","country":"Canada","title":"Family Reunification Public Policy for Resettled Yazidis and Survivors of Daesh","policyEffect":"A new temporary public policy was introduced allowing up to 400 principal applicants (plus family) to facilitate the reunification of resettled Yazidis and Daesh survivors.","operativeDate":"2023-12-01","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: A new temporary public policy was introduced allowing up to 400 principal applicants (plus family) to facilitate the reunification of resettled Yazidis and Daesh survivors.","policyCategory":"Family, residence","policyTool":"New pathway","sourceName":"IRCC Notice - Reuniting resettled Yazidis and other survivors of Daesh with their families","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/reuniting-resettled-yazidis-other-survivors-daesh-with-families.html","preciseCitation":"IRCC Notice - Reuniting resettled Yazidis and other survivors of Daesh with their families. Family Reunification Public Policy for Resettled Yazidis and Survivors of Daesh. Effective 2023-12-01.","evidencePassage":"Yazidis and other survivors of Daesh with their families **Ottawa, November 20, 2023—**Canada recognizes the challenges that Yazidis and other survivors have faced at the hands of Daesh. Canada has given over 1,400 survivors, including Yazidi women and children, the opportunity to start new lives in this country. Reuniting family members overseas with those in Canada is an important step to support their integration and settlement in Canada and for them to continue to recover from the trauma they have faced. Immigration, Refugees and Citizenship Canada (IRCC) will begin accepting applications on December 1, 2023, through a new temporary public policy for family members, extended family members and de facto dependents of resettled Yazidis and other survivors of Daesh who are in Canada. The International Organization for Migration in Iraq will provide support for clients with form filling and application submission to IRCC. Up to 400 principal applicants and their eligible family members will be able to come to Canada under this policy. The public policy will be valid until IRCC has received this many applications, or until December 31, 2026. To be eligible to come to Canada, a principal … applicant must be a national of Iraq residing in Iraq who plans to live outside Quebec. Extended family members and de facto dependents will need to provide a statutory declaration from an individual who was granted permanent residence in Canada either as a privately sponsored Yazidi or other survivor of Daesh, or through a previous public policy for survivors of Daesh that explains their relationship with this individual. All approved applicants will receive income support for one year, and have access to resettlement supports, including 12 months of coverage for mental health supports. The temporary public policy came into effect on December 1, 2023. Find out [more about eligibility and how to apply](https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/yazidi-or-survivors-of-daesh.html). ## Page details 2023-12-01 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html) - [Check your application status](https://www.canada.ca/en/immigration-refugees-citizenship/services/application","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-61d6ce86c07a73086999","countryCode":"CA","country":"Canada","title":"Implementation of Letter of Acceptance (LOA) Verification System","policyEffect":"Designated Learning Institutions (DLIs) are now required to use a secure IT portal to verify international student Letters of Acceptance directly with IRCC before study permits are processed.","operativeDate":"2023-12-01","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Designated Learning Institutions (DLIs) are now required to use a secure IT portal to verify international student Letters of Acceptance directly with IRCC before study permits are processed.","policyCategory":"Student","policyTool":"Documentation","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/committees/cimm-feb-28-2024/narrative.html","preciseCitation":"Canada.ca. Implementation of Letter of Acceptance (LOA) Verification System. Effective 2023-12-01.","evidencePassage":"on campuses across the country, they have also experienced some serious challenges navigating Canada’s International Student Program. The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, today announced plans to implement several measures aimed at strengthening Canada’s International Student Program and at better protecting genuine students from fraud. These measures include the following: - Starting December 1, 2023, post-secondary designated learning institutions (DLI) will be required to confirm every applicant’s letter of acceptance directly with IRCC. This new, … enhanced verification process aims to protect prospective students from letter‑of‑acceptance fraud and to help them avoid similar problems that some students faced earlier this year as a result of fraud investigations. It will also ensure that study permits are issued based only on genuine letters of acceptance. - In time for the fall 2024 semester, IRCC will adopt a “recognized institution” framework to benefit post-secondary DLIs that set a higher standard for services, support and outcomes for international students. These DLIs will benefit, for example, from the priority processing of study … genuine students did not face removal from Canada. As of February 26, 2024, the taskforce has reviewed 108 cases. Of the reviewed cases, 67 individuals were determined to be genuine students. For the others, CBSA’s removal proceedings have continued. To increase the integrity of the International Student Program and better protect vulnerable students from fraud, on December 1, 2023, post-secondary designated learning institutions (DLIs) began verifying each overseas applicant’s letter of acceptance directly with IRCC to ensure it is valid. On January 30, 2024, the process was updated to include","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-7a777d6e77593a878c8d","countryCode":"CA","country":"Canada","title":"Inflationary Fee Adjustments for Inadmissibility and Restoration of Status","policyEffect":"IRCC adjusted fees for Authorization to Return to Canada, Rehabilitation (Criminality), and Restoration of status to account for inflation, effective December 1, 2023.","operativeDate":"2023-12-01","year":2023,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Residence, student, skilled work","policyTool":"Fees","sourceName":"IRCC Notice - Changes to Inadmissibility Fees","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/changes-inadmissibility-fees.html","preciseCitation":"IRCC Notice - Changes to Inadmissibility Fees. Inflationary Fee Adjustments for Inadmissibility and Restoration of Status. Effective 2023-12-01.","evidencePassage":"register-birth.html) - [Apply for a SIN](https://www.canada.ca/en/employment-social-development/services/sin.html) ## You are here: 1. [Canada.ca](https://www.canada.ca/en.html) 2. [Immigration, Refugees and Citizenship Canada](https://www.canada.ca/en/immigration-refugees-citizenship.html) 3. [Newsroom](https://www.canada.ca/en/immigration-refugees-citizenship/news.html) 4. [Notices](https://www.canada.ca/en/immigration-refugees-citizenship/news/notices.html) # Changes to Inadmissibility Fees **Ottawa, November 29, 2023 –** On December 1, 2023, the following application fees for foreign nationals applying to regain their status or return to Canada after being [inadmissible](https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility.html) will be adjusted for inflation in accordance with the [Service Fees Act](https://laws-lois.justice.gc.ca/eng/acts/S-8.4/page-1.html) (SFA): Changes to inadmissibility fees | Fee | Current Fee | New Fee<br> (December 1, 2023) | | --- | --- | --- | | Authorization to return to Canada | $400.00 | $459.55 | | Rehabilitation – Inadmissible on the grounds of criminality | $200.00 | $229.77 | | Rehabilitation – Inadmissible on the grounds of serious criminality | $1,000.00 | $1,148.87 | | Restore your status as a visitor, worker or student | $200.00 | $229.00 | | Restore your status as a worker and get a new work permit | $355.00 | $384.00 [Footnote \\*](#fn*) | | Restore your status as a student and a get a new study permit | $350.00 | $379.00 [Footnote \\*](#fn*) | | Temporary resident permit | $200.00 | $229.77 | | <h2>Footnote</h2>Footnote * This fee is a combination of the new restoration fee ($229.00) and the work permit fee ($155.00) or study permit fee ($150.00), which have not changed. [Return to footnote * referrer](#fn*-rf) | | | These fees have been adjusted to account for the yearly rate of inflation since April 2018. They will continue to be adjusted annually for inflation every December 1. Where service standards are not met, partial refunds, known as remissions, will be issued to applicants if IRCC receives their complete application on or after December 1, 2023. Our [Departmental Remission Policy](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/remissions-policy-service-fees-act.html) outlines all fees subject","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-25336e500e122d57ff8c","countryCode":"CA","country":"Canada","title":"Increase of the Immigration Loans Program Statutory Advance Limit","policyEffect":"Amends subsection 290(1) of the Immigration and Refugee Protection Regulations to increase the maximum statutory advance limit available under the Immigration Loans Program from the Consolidated Revenue Fund to $300,000,000 to ensure continuous funding for resettlement and transportation loans.","operativeDate":"2023-12-19","year":2023,"affectedGroup":"Resettled refugees / immigrants","materialConditionsAndExceptions":"Validated condition or limit: Amends subsection 290(1) of the Immigration and Refugee Protection Regulations to increase the maximum statutory advance limit available under the Immigration Loans Program from the Consolidated Revenue Fund to $300,000,000 to ensure continuous funding for resettlement and transportation loans.","policyCategory":"Refugee integration / financial assistance","policyTool":"Statutory loan advance limit increase","sourceName":"Governor in Council / Public Works and Government Services Canada","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2024/2024-01-03/html/sor-dors279-eng.html","preciseCitation":"SOR/2023-279, Regulations Amending the Immigration and Refugee Protection Regulations (Immigration Loans Program), Canada Gazette, Part II, Vol. 158, No. 1.","evidencePassage":"Refugee Protection Regulations (Immigration Loans Program) under subsections 5(1) and 88(2) of the Immigration and Refugee Protection Act footnote a. Regulations Amending the Immigration and Refugee Protection Regulations (Immigration Loans Program) Amendment 1 Subsection 290(1) of the Immigration and Refugee Protection Regulations footnote 1 is replaced by the following: Maximum amount 290 (1) The maximum amount of advances that may be made under subsection 88(1) of the Act is $300,000,000. Coming into Force 2 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The Immigration Loans Program provides eligible immigrants with access to funding for costs related to transportation and for assistance with initial settlement in Canada. Funding for the Immigration Loans Program is provided through an advance from the Consolidated Revenue Fund (CRF), and the maximum advance is defined in the Immigration and Refugee Protection Regulations (the Regulations). Based on forecasted admissions of eligible immigrants who typically require loans for transportation and settlement, the … arrival in Canada, for example by extending the repayment period. Objective The objective of this amendment is to continue to enable and facilitate welcoming resettled refugees, as well as other newcomers, arriving under humanitarian commitments through an accessible and affordable loans program. Description The Regulations are amended to set the maximum amount of advances from the CRF for the Immigration Loans Program at $300 million. Regulatory development Consultation The regulatory amendment relates to an internal process to ensure the continued operation of the Immigration Loans Program and does … Implementation, compliance and enforcement, and service standards This regulatory amendment comes into force on the day on which it is registered. The Department will continue to provide loans statements to clients and receive repayments of the loaned money. The Department will also continue to monitor the repayment rate of loans and to monitor the total balance of loans outstanding. Contact Faith Woods Assistant Director Resettlement Policy Branch Immigration, Refugees, and Citizenship Canada 365 Laurier Avenue West Ottawa, Ontario K1A 1L1 Email: IRCC.RASO-ILP-PPI-OSRA.IRCC@cic.gc.ca Footnotes Footnote","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-9eee0a339f9e8aba44dd","countryCode":"CA","country":"Canada","title":"Temporary Special Measures for Foreign Family Members of Canadian Citizens and PRs Departing Israel or Palestinian Territories","policyEffect":"IRCC enacted a temporary public policy to provide fee-exempt open work permits, study permits, and status authorizations to foreign national family members of Canadian citizens or permanent residents who departed Israel or the Palestinian Territories on or after October 7, 2023 (including Government of Canada-assisted departures).","operativeDate":"2023-12-21","year":2023,"affectedGroup":"Family members of canadian citizens and prs from israel/palestine","materialConditionsAndExceptions":"Validated condition or limit: IRCC enacted a temporary public policy to provide fee-exempt open work permits, study permits, and status authorizations to foreign national family members of Canadian citizens or permanent residents who departed Israel or the Palestinian Territories on or after October 7, 2023 (including Government of Canada-assisted departures).","policyCategory":"Evacuee support / open work permits / study permits / family reunification","policyTool":"Temporary public policy / fee waiver","sourceName":"Immigration, Refugees and Citizenship Canada (IRCC)","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/israel-palestine-family-members.html","preciseCitation":"Immigration, Refugees and Citizenship Canada, \"Temporary public policy for foreign nationals who are family members of Canadian citizens and permanent residents who left Israel or the Palestinian Territories on or after October 7, 2023\", canada.ca, 16 December 2023.","evidencePassage":"Territories” from the dropdown list. Do not add the keyword “MOME2023.”** **December 21, 2023—Ottawa—**Canada remains deeply concerned about the ongoing conflict between Israel and Hamas, and the scale of the humanitarian crisis in Gaza. Since Hamas’s terrorist attack in early October, Canada has been actively working to support the assisted departure of Canadian citizens, permanent residents and their eligible family members from Israel, the West Bank and Gaza. As part of these continuing efforts, the Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, today announced temporary immigration measures to support family members of Canadians and permanent residents from the region, as well as Israelis and Palestinians already in Canada. **Fee-exempt study or open work permits in Canada** Beginning today, the following people can apply for a fee-exempt study or open work permit: - Foreign national family members of Canadian citizens and Permanent Residents (PRs) who have left Israel and the Palestinian Territories, either with their family members or of their own accord, since the onset of the current conflict. - Israelis and Palestinians already in Canada who feel unsafe","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-18ad033a51efd2cf51a9","countryCode":"CA","country":"Canada","title":"Increase to International Student Cost-of-Living Financial Requirement","policyEffect":"Increased the threshold of funds required to demonstrate financial sufficiency for new study permit applicants from $10,000 CAD (single applicant) to $20,635 CAD (representing 75% of Statistics Canada’s Low-Income Cut-Off) to ensure students can cover realistic living costs.","operativeDate":"2024-01-01","year":2024,"affectedGroup":"International students","materialConditionsAndExceptions":"Validated condition or limit: Increased the threshold of funds required to demonstrate financial sufficiency for new study permit applicants from $10,000 CAD (single applicant) to $20,635 CAD (representing 75% of Statistics Canada’s Low-Income Cut-Off) to ensure students can cover realistic living costs.","policyCategory":"Entry and stay conditions","policyTool":"Financial requirement","sourceName":"IRCC","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/12/revised-requirements-to-better-protect-international-students.html","preciseCitation":"Immigration, Refugees and Citizenship Canada (IRCC), Program Delivery Instructions / International Student Program Financial Requirement Guidance, 2024.","evidencePassage":"for some to work or immigrate permanently after graduation. While international students have contributed to life on campuses and innovation across the country, they have also experienced some serious challenges, such as finding adequate housing, as they pursue their studies in Canada. The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, announced today that starting January 1, 2024, the cost-of-living financial requirement for study permit applicants will be raised so that international students are financially prepared for life in Canada. Moving forward, this threshold will be adjusted each year when Statistics Canada updates the low-income cut-off (LICO). LICO represents the minimum income necessary to ensure that an individual does not have to spend a greater than average portion of income on necessities. The cost-of-living requirement for study permit applicants has not changed since the early 2000s, when it was set at $10,000 for a single applicant. As such, the financial requirement hasn’t kept up with the cost of living over time, resulting in students arriving in Canada only to learn that their funds aren’t adequate. For 2024, a single applicant will need to show they have $20,635, representing 75% of LICO, in addition to their first year of tuition and travel costs. This change will apply to new study permit applications received on or after January 1, 2024. While this will help prevent student vulnerability and exploitation, we recognize that the impact of the change could vary depending on the applicant. Next year, in collaboration with partners, we intend to implement targeted pilots that will test new ideas aimed at helping underrepresented cohorts of international students pursue their studies in Canada. Today’s announcement follows","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-7f6180f917283814bead","countryCode":"CA","country":"Canada","title":"Transition of Refugee Sponsor Groups to Online Permanent Residence Portal","policyEffect":"IRCC mandated that private refugee sponsor group applications be submitted via the online Permanent Residence portal or by mail, ending email-based submissions effective January 1, 2024.","operativeDate":"2024-01-01","year":2024,"affectedGroup":"Refugee sponsor groups","materialConditionsAndExceptions":"","policyCategory":"Family","policyTool":"Documentation","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/refugee-sponsor-groups-apply-through-permanent-residence-online-portal.html","preciseCitation":"","evidencePassage":"Starting January 1, 2024, IRCC will only be accepting applications submitted through the portal or by mail.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-3778b58e8105dc2057f9","countryCode":"CA","country":"Canada","title":"Recognized Employer Pilot phase-two application opening","policyEffect":"On January 8, 2024, the Recognized Employer Pilot opened applications to employers for positions on its phase-two occupations list, following the earlier primary-agriculture phase. This expanded access to the existing pilot rather than creating a second set of LMIA benefits. The pilot serves employers that regularly use the Temporary Foreign Worker Program for listed in-demand occupations and meet its standards for working and living conditions and worker protection. Recognized employers can access simplified LMIA applications when hiring additional workers and validity periods of up to 36 months for LMIA applications receiving a positive decision; phase-two application opening did not itself grant recognition or guarantee a positive LMIA.","operativeDate":"2024-01-08","year":2024,"affectedGroup":"Employers seeking recognition under rep for positions on the phase-two occupations list, subject to rep eligibility requirements","materialConditionsAndExceptions":"Validated condition or limit: Recognized employers can access simplified LMIA applications when hiring additional workers and validity periods of up to 36 months for LMIA applications receiving a positive decision","policyCategory":"Skilled work","policyTool":"New pathway","sourceName":"Employment and Social Development Canada; Agriculture and Agri-Food Canada","sourceUrl":"https://www.canada.ca/en/employment-social-development/services/foreign-workers/recognized-employer.html","preciseCitation":"ESDC Recognized Employer Pilot overview; AAFC Question Period Note AAFC-2024-QP-00141 received June 7, 2024, REP background paragraph.","evidencePassage":"p with provinces and territories to ensure the continued improvement of the program to better support and protect temporary foreign workers. Budget 2023 reaffirmed our commitment to a safe and healthy work environment where employers are held accountable for the treatment of workers by providing $48 million to improve employer compliance. The Government also introduced open work permits for vulnerable workers for temporary foreign workers who are being abused or at risk of being abused in relation to their job in Canada. To better protect workers and address concerns of wage suppression, employers will be required as of January 1, 2024, to annually review temporary foreign workers’ wages to ensure they reflect increases to prevailing wage rates. R.2 - The Government is implementing a three-year Recognized Employer Pilot, under the Temporary Foreign Worker Program, to test streamlined processes, be more responsive lo labour market shortages and to reduce the administrative burden for repeat employers who demonstrate a history of program compliance. The Agri-Food Immigration Pilot provides a pathway to permanent residence for experienced, non-seasonal workers in the agricultural and food processing sector. This Pilot was recently extended until May 2025. Budget 2022 announced a $48.2 million commitment by the Government to implement a new foreign labour program for agriculture and fish processing, tailored to the unique needs of these employers and workers. Consultations with stakeholders on this commitment launched this spring. R.3 - Facilitating transitions from temporary worker to permanent residency is a dominant feature of Canada’s immigration system and the Government has already taken action to expand pathways to permanent residence for temporary foreign workers in the agricultural sector. Specifically, the Government has increased allocations in Provincial Nominee Program immigration streams and introduced the Atlantic Immigration Program, Rural and Northern Immigration Pilot, Agri-Food Immigration Pilot and a new category-based selection stream under express entry. In 2022, more than 105,000 individuals transitioned to permanent residence. R.4 - The Government of Canada acknowledges the report from the United Nations’ Special Rapporteur and we are always open to recommendations to better protect workers, including temporary foreign workers. All workers in Canada deserve safe, healthy, and dignified working conditions. Mistreatment or abuse of temporary foreign workers – or any worker – is unacceptable and can never be tolerated. Ensuring the health and safety of temporary foreign workers and that they are free from any form of abuse while in Canada is a key priority. R.5 - The Government understands the importance of processing applications efficiently to meet labour needs. We are constantly looking for opportunities for how to improve service offerings and client service, and how we can leverage technology to reduce processing times and wait times. The recently published report from the Strategic Immigration Review conducted by Immigration, Refugees and Citizenship Canada (IRCC) affirms the need to offer a more welcoming experience to newcomers, including by reducing processing times. The Government of Canada is working to deliver a pleasant and user-friendly experience that is modern and efficient, fair and transparent, predictable, and timely. Background: The Temporary Foreign Workers (TFW) Program aims to assist employers in filling their temporary skills and labour requirements when qualified Canadians and permanent residents are not available. The TFW Program is jointly administered by Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC). Agricultural employers are the highest volume users of the program. Most TFWs in the sector are hired in low-wage occupations such as general farm workers, industrial butchers and fish plant workers. There are different streams under the TFW Program which have different requirements and rules, but primary agriculture broadly uses the Seasonal Agriculture Worker Program (SAWP) stream, while food and beverage processing uses the low-wage stream. The TFW Program requires employers to obtain a positive or neutral Labour Market Impact Assessment (LMIA) which confirms that the employment of a TFW does not have a negative impact on the Canadian labour market. The two key components required for hiring through the TFW Program are (1) LMIA issued to employers by ESDC and (2) eligibility to receive a work permit as determined by IRCC. Addressing labour shortages: - The Government has committed to developing a sector-specific Agricultural Labour Strategy. - ESDC launched the Workforce Solutions Road Map in April 2022, which temporarily increased the TFW hiring cap to 30% cap for low-wage employers in food manufacturing. However, on March 21, 2024, it was announced that the cap would be adjusted back to 20% as of May 1, 2024. - The SAWP includes a process for the transfer of workers between employers. - Minimum job advertising requirements for all positions in the primary agriculture sector were suspended until June 2024. - The Government is building a stronger workforce by expanding pathways to permanent residency: o Agri-Food Pilot – Launched in 2020 in response to identified, long-term labour shortages for some occupations in meat processing, greenhouse production, and livestock raising industries to allow employers with TFWs that return for year-round work (e.g., at mushrooms farms or some processing facilities) to gain permanent residence. The Agri-Food Pilot was extended for an additional 2 years and will run until May 14, 2025. o Category-Based Selection under Express Entry – In February 2024, new Express Entry rounds were announced to respond to changing economic and labour market needs within Canada. Agriculture and agri-food occupations remain a priority. o Provincial Nominee Program (PNP) –","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-f614a53974851612c3df","countryCode":"CA","country":"Canada","title":"Study Permit Intake Cap and Provincial/Territorial Attestation Letter (PAL) Requirement","policyEffect":"Requires most new post-secondary study permit applicants to submit a Provincial or Territorial Attestation Letter (PAL/TAL) confirming allocation space, and establishes a national processing intake cap of 606,250 study permit applications for a period of one year.","operativeDate":"2024-01-22","year":2024,"affectedGroup":"International students","materialConditionsAndExceptions":"","policyCategory":"Entry / student mobility","policyTool":"Quota / quota allocation / application condition (attestation requirement)","sourceName":"Public Services and Procurement Canada / Department of Citizenship and Immigration","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2024/2024-02-03/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Volume 158, Number 5: Ministerial Instructions with respect to the processing of certain applications for a study permit made by a foreign national as a member of the student class.; Canada Gazette, Part I, Volume 158, Number 5: Ministerial Instructions with respect to the processing of certain applications for a study permit made by a foreign national as a member of the student class","evidencePassage":"Instructions require a provincial attestation letter from the respective province or territory where the applicant intends to study. The intent of these Instructions is to ensure the number of study permit applications accepted into processing by the Department of Citizenship and Immigration (the Department) within the scope of the Instructions does not exceed 606 250 study permit applications for one year beginning on the date of signature. As stipulated in these Instructions, certain categories of study permit applications are excluded from the conditions set out in these Instructions and the associated … Conditions In order to be accepted for processing, any study permit application subject to these Instructions that was received after the coming into effect of these Instructions must include a provincial attestation letter. Study permit applications received by the Department after the coming into effect of these Instructions that do not include a provincial attestation letter will not be accepted for processing, and processing fees will be returned. Maximum number of study permit applications to be accepted for processing in a year These Instructions authorize a maximum of 606 250 study permit applications within the scope of these Instructions, to be accepted for processing for one year beginning on the date of signature. This maximum number of study permit applications accepted for processing may be amended in accordance with any subsequent Instructions the Minister may provide. Study permit applications that are within the scope of these Instructions received by the Department after the maximum number of study permit applications has been reached will not be accepted for processing and processing fees will be returned. Coming into effect These Instructions take effect upon signature. The Hon. Marc Miller, P.C., M.P. Minister of Citizenship and Immigration Canada Dated on January 22, 2024 DEPARTMENT OF THE ENVIRONMENT CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Order 2024-87-01-02 Amending the Non-domestic Substances List Whereas, under subsection 87(5) of the Canadian Environmental Protection Act, 1999 footnote a, the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances List footnote b; Therefore, the Minister of the Environment makes the annexed Order 2024-87-01-02 Amending the Non-domestic Substances List under","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-ff7be56696aec8c047f2","countryCode":"CA","country":"Canada","title":"Extended Post-Graduation Work Permit (PGWP) Length for Master’s Degree Graduates","policyEffect":"Modified PGWP eligibility rules allowing graduates of master’s degree programs (even those under 2 years) to receive a full 3-year post-graduation work permit, acknowledging their high potential for economic integration.","operativeDate":"2024-02-15","year":2024,"affectedGroup":"Master's degree graduates","materialConditionsAndExceptions":"Validated condition or limit: Modified PGWP eligibility rules allowing graduates of master’s degree programs (even those under 2 years) to receive a full 3-year post-graduation work permit, acknowledging their high potential for economic integration.","policyCategory":"Post-study work / labour migration","policyTool":"Work permit duration extension","sourceName":"IRCC","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates/2024-pgwp-masters.html","preciseCitation":"IRCC, Program Delivery Update: Post-Graduation Work Permit Program (PGWP) – Changes to permit length for graduates of master's degree programs, 2024.","evidencePassage":"potentially transition to permanent residence, we have made a change to the length of the PGWP, so that they have the opportunity to meet the required Canadian work experience in order to apply for their permanent residence. Starting on February 15, 2024, a longer, 3-year post-graduation work permit will be available to those who are graduating from a master’s degree program that is less than 2 years and who meet all other PGWP eligibility criteria. The length of [PGWPs](https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/eligibility.html) for programs","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-65c1a205950806bb4ab1","countryCode":"CA","country":"Canada","title":"Launch of Permanent Residence Pathway for Family Members Fled from Conflict in Sudan","policyEffect":"Launched a humanitarian public policy creating a permanent resident pathway for Sudanese foreign nationals residing in Sudan at the outbreak of the April 2023 conflict who have close Canadian citizen or permanent resident relatives willing to sponsor them.","operativeDate":"2024-02-27","year":2024,"affectedGroup":"Sudanese foreign nationals affected by conflict","materialConditionsAndExceptions":"","policyCategory":"Humanitarian / permanent residence","policyTool":"Temporary public policy pathway","sourceName":"IRCC","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/sudan-permanent-residence.html","preciseCitation":"IRCC, Temporary Public Policy to facilitate permanent residence to certain foreign nationals affected by the conflict in Sudan with family in Canada, 2024.","evidencePassage":"Government of Canada or allies. - In-Canada applications for temporary and permanent residence from immediate family members of Canadians and permanent residents who fled Sudan on or after April 15, 2023, and arrived in Canada before July 15, 2023. - Since April 23, 2023, and up until Jan 31, 2024, there have been a total of 3,933 total admissions in Canada of Sudanese nationals and nationals who were residing in Sudan and applied under the special measures, including 2,838 permanent resident admissions and 1,095 temporary resident arrivals [Footnote 1](#fn1). - On February 27, 2024, a new public policy creating a humanitarian pathway to permanent residence for people affected by the conflict in Sudan was launched. It ends one year after taking effect or once 3,250 applications (principal applicants) have been accepted for processing by IRCC, whichever comes first. There is no limit to the number of accompanying family members that can be included on the principal applicant’s application. It will facilitate the admission of approximately 5,000 Sudanese and non-Sudanese foreign nationals who are family members of a Canadian citizen or permanent resident. ## Key Messages - Canada continues … processing, meaning applicants have provided proof of payment, and completed all Department-required documents. ## Supplementary Information ### Permanent Resident Pathway - To be eligible under the humanitarian pathway to permanent residence for individuals affected by the crisis in Sudan, principal applicants must be the child (regardless of age), grandchild, parent, grandparent or sibling of a Canadian citizen or permanent resident who resides in Canada, outside the province of Quebec. - The principal applicant must have been residing in Sudan on April 15, 2023, and must have no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada or Sudan. They must have an eligible Canadian citizen or permanent resident anchor who signs a statutory declaration of their intention to provide them with support for one year. - The anchor must be a Canadian citizen or permanent resident who is 18 years of age or older, reside in Canada and meet financial requirements. The financial requirements have been outlined for the anchor, so the principal applicant and their family member’s are able to efficiently integrate into Canadian society, with sufficient financial","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-72dbb52357bb9107c8f7","countryCode":"CA","country":"Canada","title":"Canada reimposes visitor-visa requirement for most Mexican citizens","policyEffect":"Removes Mexico from the schedule of visa-exempt jurisdictions, invalidating general Electronic Travel Authorizations (eTAs) for Mexican nationals and restricting eTA access solely to Mexican air travelers who held a Canadian TRV in the past 10 years or hold a valid U.S. non-immigrant visa, with an exception preserving valid eTAs for Mexican nationals who hold a valid work or study permit at the time the regulations come into force.","operativeDate":"2024-02-29","year":2024,"affectedGroup":"Citizens of mexico","materialConditionsAndExceptions":"Validated condition or limit: Removes Mexico from the schedule of visa-exempt jurisdictions, invalidating general Electronic Travel Authorizations (eTAs) for Mexican nationals and restricting eTA access solely to Mexican air travelers who held a Canadian TRV in the past 10 years or hold a valid U.S.; non-immigrant visa, with an exception preserving valid eTAs for Mexican nationals who hold a valid work or study permit at the time the regulations come into force.","policyCategory":"Border control / short-term entry / asylum deterrence","policyTool":"Visa requirement / entry restriction","sourceName":"Government of Canada / Privy Council Office","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2024/2024-03-13/html/sor-dors34-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 158, Number 6: Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Travel Authorization): SOR/2024-34.; SOR/2024-34, P.C. 2024-161, Canada Gazette, Part II, Volume 158, Number 6; IRCC, Orders Amending the Immigration and Refugee Protection Regulations: Re-imposition of Visa Requirement for Citizens of Mexico, 2024.","evidencePassage":"3 Schedule 1.1 to the Regulations is amended by deleting the following: Mexico … The regulatory amendments remove Mexico from the schedule of countries and territories whose nationals are exempt from the TRV requirement for travel to Canada under the Regulations. … The amendments also add Mexico to the list of countries and territories whose nationals may be eligible to travel to Canada on an eTA if they are travelling by air and have held a Canadian TRV in the last 10 years or hold a valid U.S. non-immigrant visa.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp3-f76c1deb77e59df0beb0","countryCode":"CA","country":"Canada","title":"Automatic Cancellation of Temporary Visas, eTAs, and TRPs upon Issuance of Removal Orders","policyEffect":"Amended the Immigration and Refugee Protection Regulations (IRPR) to introduce section 243.1, providing that temporary resident visas (TRVs), Electronic Travel Authorizations (eTAs), and temporary resident permits (TRPs) held by a foreign national are automatically cancelled upon the making of a removal order.","operativeDate":"2024-03-15","year":2024,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Enforcement / border control / inadmissibility","policyTool":"Automatic document invalidation","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2024/2024-02-14/html/sor-dors11-eng.html","preciseCitation":"SOR/2024-11, Regulations Amending the Immigration and Refugee Protection Regulations, Canada Gazette, Part II, Volume 158, Number 4.","evidencePassage":"n Regulations footnote 1 is replaced by the following: (a) the permit is cancelled under subsection 24(1) of the Act or under section 243.1; 2 Section 209 of the Regulations is replaced by the following: Invalidity 209 A work permit becomes invalid when it expires or when it is cancelled under section 243.2. 3 Paragraph 222(1)(b) of the Regulations is replaced by the following: (b) the day on which the permit is cancelled under section 243.2; or 4 The Regulations are amended by adding the following after Division 4 of Part 13: DIVISION 5 Cancellation of Immigration Documents Making of a remova … l order 243.1 The following documents, held by a foreign national, are cancelled when a removal order is made against that foreign national : (a) a temporary resident visa; (b) an electronic travel authorization; and (c) a temporary resident permit. Enforceable removal order 243.2 The following documents, held by a foreign national, are cancelled when a removal order made against that foreign national becomes enforceable: (a) a work permit; and (b) a study permit. Coming into Force 5 These Regulations come into force on March 15, 2024. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is no … aker to seek the issuance of any related removal orders) provides greater protections to victims of gender-based violence in these circumstances than existed previously. Implementation, compliance and enforcement, and service standards Implementation The amendments do not apply retrospectively. Rather than coming into force upon registration, as proposed when these amendments were prepublished, there is now a set coming into force date of March 15, 2024. This ensures the regulations are introduced before the busy summer travel season. This will correspond with the implementation of the above-n","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-38aaa67f2accd06df980","countryCode":"CA","country":"Canada","title":"Ministerial Instructions for Parent and Grandparent Program (PGP) 2024","policyEffect":"The Minister issued official instructions detailing the administrative intake caps and conditions for the Family Class Parents and Grandparents Program (PGP) for 2024, authorizing the processing of 2023 applications into the current year.","operativeDate":"2024-04-12","year":2024,"affectedGroup":"Applications for a permanent resident visa of sponsors’ parents or grandparents made under the family class, referred to in paragraphs 117(1)(c) and (d) of the immigration and refugee protection regulations (the regulations), respectively, as well as to sponsorship applications made in relation to those applications","materialConditionsAndExceptions":"","policyCategory":"Family","policyTool":"Sponsorship","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2024/2024-05-04/html/notice-avis-eng.html","preciseCitation":"","evidencePassage":"These Instructions authorize sponsorship applications received in 2023 and made in relation to applications for a permanent resident visa, which are made by sponsors’ parents or grandparents under the family class, to be accepted for processing in the 2024 calendar year, which begins on January 1, 2024, and ends on December 31, 2024. … These Instructions take effect upon signature. Dated on April 12, 2024","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-e6af79b200994819a8ea","countryCode":"CA","country":"Canada","title":"Updated temporary public policy to facilitate temporary resident visas for certain extended family affected by the crisis in Gaza","policyEffect":"Establishes an updated temporary public policy pursuant to section 25.2 of the Immigration and Refugee Protection Act to facilitate temporary resident visas for certain extended family members of Canadian citizens and permanent residents directly affected by the crisis in Gaza, providing exemptions from financial and intent requirements.","operativeDate":"2024-04-22","year":2024,"affectedGroup":"Palestinian nationals directly affected by the crisis in the gaza strip who have canadian citizen or permanent resident family members in canada willing to support them","materialConditionsAndExceptions":"","policyCategory":"Humanitarian","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/gaza-extended-family-2023.html","preciseCitation":"","evidencePassage":"As such, I hereby establish that, pursuant to my authority under section 25.2 of the* Immigration and Refugee Protection Ac*t (the Act), that there are public policy considerations that justify the granting of an exemption from the application of any of the listed provisions of the Act and *Immigration and Refugee Protection Regulations* (the Regulations) to foreign nationals who meet the eligibility criteria and conditions listed below. … This public policy comes into effect on the date of signature. On coming into effect, this public policy revokes and replaces the *Temporary public policy to facilitate temporary resident visas for certain extended family affected by the crisis in Gaza* signed on December 22, 2023. … The Hon. Marc Miller, P.C., M.P Minister of Immigration, Refugees and Citizenship Dated at Ottawa, this 22 of April, 2024","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0c71ad7f4f855aab5490","countryCode":"CA","country":"Canada","title":"Biennial Permanent Residence Fee Adjustments","policyEffect":"IRCC implemented biennial adjustments to permanent residence fees, increasing various fees including the Right of Permanent Residence Fee (RPRF) and processing fees for economic and family class applicants to reflect CPI changes.","operativeDate":"2024-04-30","year":2024,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: IRCC implemented biennial adjustments to permanent residence fees, increasing various fees including the Right of Permanent Residence Fee (RPRF) and processing fees for economic and family class applicants to reflect CPI changes.","policyCategory":"Residence, family","policyTool":"Fees","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2024/2024-03-30/html/notice-avis-eng.html","preciseCitation":"Canada Gazette. Biennial Permanent Residence Fee Adjustments. Effective 2024-04-30.; Immigration, Refugees and Citizenship Canada, Notice — Increase in Permanent Residence Fees Effective April 30, 2024; IRPR ss. 295–303","evidencePassage":"Canada Gazette Publications Part I: Vol. 158 (2024) March 30, 2024 Canada Gazette, Part I, Volume 158, Number 13: GOVERNMENT NOTICES March 30, 2024 DEPARTMENT OF CITIZENSHIP AND IMMIGRATION FINANCIAL ADMINISTRATION ACT Notice of biennial increase of permanent residence fees pursuant to the Immigration and Refugee Protection Regulations Notice is hereby given that, in keeping with subsection 303(1.1) and paragraph 294(d) of the Immigration and Refugee Protection Regulations, the permanent residence fees will increase at 9:00:00 a.m. Eastern daylight time on April 30, 2024, by the cumulative percentage increase to the Consumer Price Index for Canada, published by Statistics Canada, for the two previous years, rounded to the nearest five dollars. The current fees and the fees updated as of April 30, 2024, are listed below. Any inquiries or comments about the updated fees can be directed to Martin Mulligan, Director, Fees, Integrated Financial Management for Passport and Business Intelligence-cost Management Division, Financial Partnership Branch, 613‑793‑8242 or IRCC.FSBFees-FraisDGSF.IRCC@cic.gc.ca. Table 1: Comparison of current and new permanent resident fees Program Applicants Current fees (April 2022– March 2024) New fees (April 2024–March 2026) table a1 note 1 Right of Permanent Residence Fee Principal applicant and accompanying spouse or common-law partner $515 $575 Federal Skilled Workers, Provincial Nominee Program, Quebec Skilled Workers, Atlantic Immigration Class and most economic pilots (Rural, Agri-Food) Principal applicant $850 $950 Accompanying spouse or common-law partner $850 $950 Accompanying dependent child table a1 note 2 $230 $260 Live-in Caregiver Program and caregivers pilots (Home Child Provider Pilot and Home Support Worker Pilot) Principal applicant … $570 $635 Accompanying spouse or common-law partner $570 $635 Accompanying dependent child table a1 note 2 $155 $175 Business (federal and Quebec) Principal applicant $1,625 $1,810 Accompanying spouse or common-law partner $850 $950 Accompanying dependent child table a1 note 2 $230 $260 Family reunification (spouses, partners and children; parents and grandparents; and other relatives) Sponsorship fee $75 $85 Sponsored principal applicant $490 $545 Sponsored child (principal applicant under 22 years old and not a spouse/partner) table a1 note 2 $75 $85 Accompanying spouse or common-law partner $570 $635 Accompanying dependent child table a1 note 2 $155 $175 Protected persons Principal applicant table a1 note 2 $570 $635 Accompanying spouse or common-law partner table a1 note 2 $570 $635 Accompanying dependent child table a1 note 2 $155 $175 Humanitarian and compassionate consideration / Public policy Principal applicant table a1 note 2 $570 $635 Accompanying spouse or common-law partner $570 $635 Accompanying dependent child table a1 note 2 $155 $175 Permit holders Principal applicant table a1 note 3 $335 $375 Table a1 note(s) Table a1 note 1 The new rate is calculated in accordance with the cumulative percentage increase to the Consumer Price Index for Canada, published by Statistics Canada, for the two previous years (2022 and 2023), rounded to the nearest five dollar. Return to table a1 note 1 referrer Table a1 note 2 These applicants are exempt from paying Right of Permanent Residence Fee (normally paid by all permanent resident applicants except dependent children and protected persons). Principal applicants in the \"Humanitarian and compassionate\" and \"Public policy\" categories are only exempt under certain circumstances from paying Right of Permanent Residence Fee","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-cab084ab3ed4f2e3fc60","countryCode":"CA","country":"Canada","title":"International Student Off-Campus Work Hours Update","policyEffect":"The temporary public policy allowing eligible international students to work off-campus more than 20 hours per week ended on April 30, 2024, resulting in a return to the 20-hour weekly limit.","operativeDate":"2024-05-01","year":2024,"affectedGroup":"Eligible study permit holders","materialConditionsAndExceptions":"Validated condition or limit: The temporary public policy allowing eligible international students to work off-campus more than 20 hours per week ended on April 30, 2024, resulting in a return to the 20-hour weekly limit.","policyCategory":"Student","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/transition-binders/deputy-minister-2024/international-students.html","preciseCitation":"","evidencePassage":"Off-campus work is limited to 20 hours per week, although this limit is currently waived by public policy until April 30, 2024, at which time the 20 hour limit will return. … Effective November 15, 2022 – April 30, 2024 … The amended public policy signed on November 15, 2022 changed the expiry date from December 31, 2023 to April 30, 2024.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-528919d9d433f3980e64","countryCode":"CA","country":"Canada","title":"Rollback of TFWP Workforce Solutions Road Map Measures","policyEffect":"Effective May 1, 2024, the government ended pandemic-era labor measures, reducing the LMIA validity period to 6 months, lowering the low-wage workforce cap to 20%, and enforcing mandatory local recruitment steps.","operativeDate":"2024-05-01","year":2024,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Skilled work","policyTool":"Eligibility","sourceName":"Employment and Social Development Canada Newsroom","sourceUrl":"https://www.canada.ca/en/employment-social-development/news/2024/03/government-of-canada-to-adjust-temporary-measures-under-the-temporary-foreign-worker-program-workforce-solutions-road-map.html","preciseCitation":"Employment and Social Development Canada Newsroom. Rollback of TFWP Workforce Solutions Road Map Measures. Effective 2024-05-01.","evidencePassage":"adjusting the Temporary Foreign Worker Program to ensure the program continues to only be used in cases where there are no workers here in Canada that can fill the necessary role. Today, the Honourable Randy Boissonnault, Minister of Employment, Workforce Development and Official Languages, announced that some time-limited measures under the TFW Program Workforce Solutions Road Map will not be renewed and will end, earlier than planned, this spring. Effective May 1, 2024: - New Labour Market Impact Assessments (LMIAs) will be valid for six months (a decrease from 12 months) to ensure accurate labour market needs. - All employers identified in the 2022 Workforce Solutions Road Map will have a reduction from 30% to 20% of their total workforce that can come in through the Temporary Foreign Worker Program, under the low wage stream, with an exception for the construction and health care sectors. - Employers will need to explore every option before applying for an LMIA — including recruiting asylum seekers with valid work permits here in Canada. In addition, as of January 1, 2024, employers are required to annually review the wages of temporary foreign workers to ensure they reflect increases","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-1c70940e87e97dea8182","countryCode":"CA","country":"Canada","title":"Designation of Canadian Architectural Certification Board for Educational Credential Assessments","policyEffect":"IRCC designated the Canadian Architectural Certification Board (CACB) as the required organization for issuing Educational Credential Assessments (ECAs) for foreign-trained architects applying through economic immigration streams.","operativeDate":"2024-05-20","year":2024,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: IRCC designated the Canadian Architectural Certification Board (CACB) as the required organization for issuing Educational Credential Assessments (ECAs) for foreign-trained architects applying through economic immigration streams.","policyCategory":"Skilled work, residence","policyTool":"Documentation","sourceName":"IRCC","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/new-designated-educational-credential-assessment-organization-architects.html","preciseCitation":"IRCC. Designation of Canadian Architectural Certification Board for Educational Credential Assessments. Effective 2024-05-20.","evidencePassage":"credential assessment organization for architects **Ottawa, May 22, 2024—**Immigration, Refugees and Citizenship Canada (IRCC) has designated a new professional body to issue educational credential assessments (ECAs) for architects interested in immigrating to Canada. As part of the eligibility criteria for economic permanent residence programs, applicants must demonstrate that their foreign degrees, diplomas or certificates are authentic and equivalent to Canadian credentials. Applicants can do this by obtaining an ECA from an IRCC-designated multi-purpose ECA organization or professional body. As of May 20, 2024, the Canadian Architectural Certification Board (CACB) has been designated by the Minister to issue ECAs for applicants who have identified the National Occupational Classification (NOC) of “Architect” (NOC 21200) as their primary, or intended occupation. ECAs issued by the CACB will determine how foreign educational credentials compare to a Canadian credential needed to practice architecture. ECAs are also recognized as a step in the licensing process for architects. **Note:** If your primary occupation is “Architect” (NOC 21200) and you already have an ECA that was issued","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-bd7d106bc7cae5b58be9","countryCode":"CA","country":"Canada","title":"Expanded CBSA Regulatory Removal Order Authority for At-Border Inadmissibility (SOR/2024-86)","policyEffect":"Amends IRPR section 228 to empower Minister's Delegates (CBSA officers) to directly issue enforceable exclusion orders at ports of entry without referral to the Immigration Division for three specific grounds: misrepresentation regarding visa exemption when applying for an eTA, failure to undergo a required medical examination, and failure to appear for examination when seeking entry. Phase scope: National border enforcement / ports of entry.","operativeDate":"2024-05-22","year":2024,"affectedGroup":"Inadmissible foreign nationals at ports of entry","materialConditionsAndExceptions":"Validated condition or limit: Amends IRPR section 228 to empower Minister's Delegates (CBSA officers) to directly issue enforceable exclusion orders at ports of entry without referral to the Immigration Division for three specific grounds: misrepresentation regarding visa exemption when applying for an eTA, failure to undergo a required medical examination, and failure to appear for examination when seeking entry.","policyCategory":"Border enforcement / removal orders / inadmissibility","policyTool":"Regulatory amendment (sor / 2024-86)","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2024/2024-05-22/html/sor-dors86-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 158, Number 11: Regulations Amending the Immigration and Refugee Protection Regulations: SOR/2024-86","evidencePassage":"Protection Regulations to be laid before each House of Parliament, substantially in the annexed form; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations under subsection 5(1) and paragraph 53(b) of the Immigration and Refugee Protection Act footnote b. Regulations Amending the Immigration and Refugee Protection Regulations Amendments 1 (1) Subsection 228(1) of the Immigration and Refugee Protection Regulations footnote 1 … is amended by adding the following after paragraph (a): (a.1) if the foreign national is inadmissible under paragraph 40(1)(a) of the Act on grounds of misrepresentation relating to their exemption from the requirement to obtain a temporary resident visa when applying for an electronic travel authorization, an exclusion order; (2) Paragraph 228(1)(c) of the Regulations is amended by striking out “or” at the end of subparagraph (vi) and by adding the following after subparagraph (vii): (viii) failing to submit to a medical examination as required by paragraph 16(2)(b) of the Act, an exclusion … order, or (ix) failing to appear for examination as required by subsection 18(1) of the Act when seeking to enter Canada at a port of entry, an exclusion order; (3) Subsection 228(3) of the Regulations is replaced by the following: Eligible claim for refugee protection (3) If a claim for refugee protection is made and the claim has been determined to be eligible to be referred to the Refugee Protection Division or no determination has been made, a departure order is the applicable removal order in the circumstances set out in any of subparagraphs (1)(c)(i), (iii) to (v), (viii) and (ix). Transitional Provision 2 For greater certainty, subsection 228(1) of the Immigration and Refugee Protection Regulations, as it reads on the day on which these Regulations come into force, applies to a foreign national, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, in respect of whom a report has not been referred to the Immigration Division for an admissibility hearing under subsection 44(2) of that Act before that day. Coming into Force 3 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II. REGULATORY IMPACT ANALYSIS","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-f68e35512b0f02f2a93e","countryCode":"CA","country":"Canada","title":"Open Work Permits for Hong Kong Permanent Residence Applicants","policyEffect":"IRCC introduced a temporary public policy allowing Hong Kong nationals who applied for permanent residence under specific streams to obtain an Open Work Permit while their PR applications are processed, including status restoration.","operativeDate":"2024-05-27","year":2024,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"","policyCategory":"Residence, skilled work","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/hong-kong-pr-applicant-work-permit.html","preciseCitation":"canada.ca. Open Work Permits for Hong Kong Permanent Residence Applicants. Effective 2024-05-27.","evidencePassage":"response to developments in Hong Kong. Due to a high volume of applications, processing times for this pathway have grown, and many applicants are at risk of seeing their temporary status in Canada expire before their permanent residence applications are finalized. A new public policy will be launched in the coming weeks to let Hong Kong permanent residence pathway applicants extend their status and get a new open work permit in Canada while they wait for a decision on their permanent residence applications. Starting May 27, 2024, open work permits will be available to those who **both** - applied for permanent residence under Stream A (in-Canada graduates) or Stream B (Canadian work experience) of the [temporary public policy for Hong Kong residents in Canada](https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/hong-kong-residents-permanent-residence.html), **and** - held a work or study permit in the 3 years before their application for permanent residence was received The new public policy will remain in place for 5 years so that applicants can extend their temporary status in Canada while the processing of their permanent residence application continues","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-47d986ccf1db5c7c20c1","countryCode":"CA","country":"Canada","title":"Termination of In-Canada Post-Graduation Work Permit (PGWP) Border Applications (\"Flagpoling\" Prohibition)","policyEffect":"Issued ministerial instructions instructing Canada Border Services Agency (CBSA) and designated port of entry officers to cease processing applications for Post-Graduation Work Permits (PGWPs) made at land border ports of entry upon entry to Canada under IRPR section 198 (\"flagpoling\"), requiring graduates to apply online from within Canada.","operativeDate":"2024-06-21","year":2024,"affectedGroup":"Graduates / students","materialConditionsAndExceptions":"Validated condition or limit: Issued ministerial instructions instructing Canada Border Services Agency (CBSA) and designated port of entry officers to cease processing applications for Post-Graduation Work Permits (PGWPs) made at land border ports of entry upon entry to Canada under IRPR section 198 (\"flagpoling\"), requiring graduates to apply online from within Canada.","policyCategory":"Post-graduation work permits / border processing","policyTool":"Point-of-application restriction","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2024/2024-06-29/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Volume 158, Number 26, Ministerial Instructions regarding the processing of certain work permit applications, Department of Citizenship and Immigration.","evidencePassage":"maintenance of efficient procedures, consistency in decision-making, and integrity of the Canadian immigration system. These Instructions are instrumental to lowering flagpoling volumes at ports of entry (POE), the objective of which is to reduce border wait times and enable more effective customs and immigration examinations. Instructions to refuse to process certain work permit applications Instructions are directed to designated officers who are charged with handling and/or reviewing applications for work permits. Officers are instructed not to process applications for work permits made by foreign nationals in accordance with section 198 of the Immigration and Refugee Protection Regulations (Regulations), if the application is described below: (a) the applicant is making the work permit application under section 200 of the Regulations on entry to Canada; and (b) the work permit application referred to in (a) is for post-graduation work designated by the Minister under subparagraph 200(1)(c)(ii) of the Regulations. Disposition of applications Where new work permit applications are not processed pursuant to these Instructions, the applicant will be notified of the refusal to process, … IRCC); as of June 21, 2024, IRCC implemented a new policy on post-graduate work permit applications, which included the elimination of the ability for all foreign nationals (including flagpolers) to apply for these permits at Canada’s ports of entry. The decision to utilize the Regulations to implement the above-noted service restrictions was made taking the factors prescribed in the regulations into account, including the frequency of persons arriving in the area, the need for CBSA services, and the operational capacity of the CBSA. The practice of flagpoling contributes to congestion at the border","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-49d98544f38180f943e3","countryCode":"CA","country":"Canada","title":"Enactment of Regulatory Removal Authority for Serious Border Inadmissibility","policyEffect":"CBSA implemented operational guidance authorizing Minister's delegates to directly issue removal orders against foreign nationals determined to be inadmissible under specific non-compliance and security grounds, streamlining inland and port-of-entry enforcement without automatic tribunal referral.","operativeDate":"2024-07-04","year":2024,"affectedGroup":"Inadmissible foreign nationals","materialConditionsAndExceptions":"","policyCategory":"Border enforcement & removals","policyTool":"Removal orders","sourceName":"Canada Border Services Agency (CBSA)","sourceUrl":"https://www.cbsa-asfc.gc.ca/agency-agence/act-loi/menu-eng.html","preciseCitation":"Canada Border Services Agency, \"Operational Bulletin / Policy Guidance on Inadmissibility Determinations and Removal Orders,\" July 4, 2024.","evidencePassage":"Border Services Agency](https://www.canada.ca/en/border-services-agency.html) # New regulatory amendments will improve border processing efficiency and support public safety priorities From: [Canada Border Services Agency](https://www.canada.ca/en/border-services-agency.html) ## News release New regulatory amendments will improve border processing efficiency and support public safety priorities July 4, 2024 Ottawa, Ontario New regulatory amendments to the *Immigration and Refugee Protection Regulations* (IRPR) will help improve processing efficiency at the border, strengthen border integrity and enhance public safety. The [regulatory amendments](https://gazette.gc.ca/rp-pr/p2/2024/2024-06-19/html/sor-dors128-eng.html) allow a Minister’s Delegate to issue a removal order directly at the port of entry for straightforward transborder criminal offences such as carrying a concealed weapon, smuggling drugs or the unauthorized possession of a firearm*.* Under the previous framework, the individual who committed this type of offence would be admitted into Canada for an admissibility hearing with the Immigration Refugee Board (IRB). A subsequent removal order would be given if the IRB determined the individual was inadmissible. By allowing the Minister’s Delegate to issue a removal order for straightforward transborder criminal offences at the border, inadmissibility decisions are streamlined and offenders are turned away immediately. These amendments also help fulfill the Government of Canada’s objectives for the firearms strategy outlined in Bill C-21 by strengthening the enforcement of certain firearms-related offences. ## Quotes > “Our border services officers play an integral role in our fight against gun violence. This new measure will be another tool in their toolbox in securing … includes cases such as the smuggling of weapons and firearms into Canada. - The Immigration and Refugee Protection Regulations (IRPR) outline inadmissibility grounds for which removal orders are to be issued by the Immigration Division of the Immigration and Refugee Board and those for which removal orders are to be issued by the Minister’s Delegate. - Bill C-21 received Royal Assent on December 15, 2023. It includes measures to combat gun crime, it codifies the national handgun freeze, brings increased penalties for firearms smuggling and trafficking, and introduces provisions to better address","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-b2493d5b33eb71df67a8","countryCode":"CA","country":"Canada","title":"Express Entry: class priority for applicants eligible under multiple classes","policyEffect":"Effective August 9, 2024, Ministerial Instructions 2024-1 added section 5.1 to the Express Entry instructions. A foreign national eligible for an invitation under more than one of the Federal Skilled Worker Class, Canadian Experience Class and Federal Skilled Trades Class could apply for permanent residence only under the Canadian Experience Class if eligible for it, or otherwise under the Federal Skilled Worker Class. This priority rule did not apply to members of a class-specific invitation grouping established under IRPA subparagraph 10.3(1)(h.1)(ii), meaning a grouping of eligible foreign nationals eligible to belong to a class specified in the Minister’s instructions. The applicable class was determined from the information in the expression of interest. The instruction was given on August 9, 2024; its commencement clause specified April 15, 2024 or, if given later, the day it was given.","operativeDate":"2024-08-09","year":2024,"affectedGroup":"Express entry applicants eligible under more than one of the federal skilled worker, canadian experience and federal skilled trades classes, subject to the class-specific grouping exception","materialConditionsAndExceptions":"Validated condition or limit: A foreign national eligible for an invitation under more than one of the Federal Skilled Worker Class, Canadian Experience Class and Federal Skilled Trades Class could apply for permanent residence only under the Canadian Experience Class if eligible for it, or otherwise under the Federal Skilled Worker Class.; This priority rule did not apply to members of a class-specific invitation grouping established under IRPA subparagraph 10.3(1)(h.1)(ii), meaning a grouping of eligible foreign nationals eligible to belong to a class specified in the Minister’s instructions.","policyCategory":"Residence","policyTool":"Selection criteria","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/amendment-2024-1.html","preciseCitation":"Ministerial Instructions2024-1, section5.1 and taking-effect clause; principal Express Entry instructions, section2; IRPA section10.3(1)(h.1)(ii).","evidencePassage":"# Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2024-1 **Department Of Citizenship And Immigration** Immigration And Refugee Protection Act The Minister of Citizenship and Immigration gives the annexed *Ministerial Instruction Amending the Ministerial Instructions Respecting the Express Entry System, 2024-1* under paragraph 10.3(1)(j.1) [Footnote a](#fna) of the *Immigration and Refugee Protection Act*[Footnote b](#fnb). Ottawa, August 9, 2024 Marc Miller *Minister of Citizenship and Immigration* ## Amendments **1 The *Ministerial Instructions Respecting the Express Entry System*[Footnote 1](#fn1) are amended by adding the following after section 5:** **Invitation for one class only** **5.1 (1)** A foreign national who is eligible to be issued an invitation as a member of more than one of the classes referred to in paragraphs 2(a) to (c) may make an application for a permanent residence visa only - **(a)** in respect of the class referred to in paragraph 2(b), if the foreign national is eligible to be issued an invitation as a member of that class; and - **(b)** in respect of the class referred to in paragraph 2(a), in any other case. **Non-application of subsection (1)** **(2)** Subsection (1) does not apply in respect of foreign nationals who are members of a grouping established un- der an instruction given under subparagraph 10.3(1)(h.1)(ii) of the Act. **Basis of decision** **(3)** The determination of the class in respect of which a foreign national may make an application for a permanent residence visa is made on the basis of the information provided in the expression of interest. **Taking Effect** 2 This Instruction takes effect on April 15, 2024, but if it is given after that day, it takes effect on the day on which it is given. ## Footnotes Footnote a S.C. 2022, c. 10, s. 377(2) [Return to footnotea Referrer](#fna-0-rf) Footnote b S.C. 2001, c. 27 [Return to footnoteb Referrer](#fnb-0-rf) 1 [*Canada Gazette*, Part I, Vol. 148, Extra No. 10, December 1, 2014](https://gazette.gc.ca/rp-pr/p1/2014/2014-12-01-x10/html/extra10-eng.html#e01) [Return to footnote 1 Referrer](#fn1-0-rf)","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-660e93a3670fd4086e2f","countryCode":"CA","country":"Canada","title":"Temporary Open Work Permit Pathway for Provincial Nominee Program (PNP) Candidates","policyEffect":"Implemented a new ministerial public policy (replacing the June 26, 2024 measure) enabling foreign nationals residing in Canada who held a valid work permit on May 7, 2024, and have a provincial/territorial support letter confirming their Expression of Interest (EOI) or application inventory placement under a PNP, to apply for an open work permit valid through December 31, 2024.","operativeDate":"2024-08-11","year":2024,"affectedGroup":"Work permit holders in provincial/territorial eoi pools","materialConditionsAndExceptions":"","policyCategory":"Temporary-to-permanent transition","policyTool":"Public policy (irpa s.25.2) / open work permit","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/pnp-eoi-work-permits-2024.html","preciseCitation":"IRCC, \"Temporary Public Policy to Facilitate Work Permits for Foreign Nationals in Provincial and Territorial Expression of Interest Pools under the Provincial Nominee Program,\" August 11, 2024.","evidencePassage":"transitioning a greater portion of current temporary residents to permanent residency, the department proposes to facilitate access to open work permits to this population via a time-limited public policy. This population will be supported by their province or territory of residence as Provincial Nominee Program candidates, and will be issued letters to this effect by their respective province or territory. Skilled workers already filling critical labour market needs in Canada will be retained and provided a more certain pathway to permanent residence. ## Public Policy Considerations This public policy, pursuant to section 25.2 of the *Immigration and Refugee Protection Act* (the Act), will allow eligible foreign nationals who hold an employment offer, a valid work permit or held a valid work permit which has expired as of May 7th and a support letter from the province or territory they reside in, outlining their placement in an Expression of Interest pool or other application inventory process following an initial assessment of the candidate by the province/territory, to be issued an open work permit. I hereby establish that there are sufficient public policy considerations that justify the granting, in accordance with section 25.2 of the Act, exemptions from the requirements of the Regulations listed below to foreign nationals who meet the conditions set out below. ## Conditions (eligibility requirements) Based on public policy considerations, delegated officers may grant to a foreign national an exemption from the requirements of the Regulations identified below if the foreign national meets the following conditions: 1. The foreign national: 1. Holds a valid work permit; 2. Has submitted an application for a new work permit under section 200 of the Regulations; and 3. Has provided, with the application referred to in (b), 1. A support letter 1. Issued by the Provincial or Territorial authority of the jurisdiction in which the foreign national resides, and that authority has signed a letter of intent with IRCC setting out its role in supporting facilitation under this public policy; and; 2. Outlining that the foreign national has been screened by the said Provincial or Territorial authority and has been placed in an Expression of Interest pool, or is in the Provincial or Territorial authority’s application inventory process for determining eligibility, under the Provincial Nominee Program; and 2. A letter of employment from the foreign national’s current employer; or 2. The foreign national: 1. Held a valid work permit on May 7, 2024 but that permit has since expired; 2. Has submitted an application for 1. a new work permit under section 200 of the Regulations; and 2. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or restoration of their temporary resident status under section 182 of the Regulations; and 3. Has provided, with the application referred to in (b), 1. A support letter 1. … Issued by the Provincial or Territorial authority of the jurisdiction in which the foreign national resides, and that authority has signed a letter of intent with IRCC setting out its role in supporting facilitation under this public policy; and; 2. Outlining that the foreign national has been screened by the said Provincial or Territorial authority and has been placed in an Expression of Interest pool, or is in the Provincial or Territorial authority’s application inventory process for determining eligibility, under the Provincial Nominee Program; and 4. A letter of employment from the foreign … which an exemption may be granted For foreign nationals who meet the conditions listed in 1 and 3: - Paragraph 200(1)(c) of the Regulations - the eligibility requirements that a foreign national must meet in order to be issued a work permit under existing pathways; For foreign nationals who meet the conditions listed in 2: - The requirement in section 182 – for a visitor, worker or student to apply for restoration within 90 days after losing temporary resident status; - The requirement in section 182 - for a visitor, worker or student to have complied with any other conditions imposed; - Paragraph 200(1)(c) of the Regulations - the eligibility requirements that a foreign national must meet in order to be issued a work permit under existing pathways; - Paragraph 200(3)(*e*) – the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or has failed to comply with the conditions of a previous permit or authorization; ## Other Admissibility and Selection Criteria Foreign nationals eligible under this public policy are subject to all other legislative eligibility and admissibility requirements not exempted under this,","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-054112f9e42795eb0de8","countryCode":"CA","country":"Canada","title":"Launch of the Francophone Minority Communities Student Pilot","policyEffect":"A new pilot program facilitating study permit access for French-speaking international students, featuring exemptions from the national study permit cap and relaxed dual-intent/financial proof requirements.","operativeDate":"2024-08-26","year":2024,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Student","policyTool":"New pathway","sourceName":"IRCC","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/08/enhancing-the-vitality-of-francophone-communities-by-welcoming-french-speaking-international-students-and-immigrants.html","preciseCitation":"IRCC. Launch of the Francophone Minority Communities Student Pilot. Effective 2024-08-26.; IRCC, \"Opening of the Francophone Minority Communities Student Pilot (FMCSP),\" August 26, 2024.","evidencePassage":"immigration plays a crucial role in strengthening our national identity. This is why Canada is redoubling its efforts to welcome French-speaking newcomers who will enrich the linguistic, social, cultural and economic fabric of Francophone minority communities (FMCs). Today, the Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, announced that the new Francophone Minority Communities Student Pilot (FMCSP) program will be launched on August 26, 2024, in partnership with designated French-language and bilingual post-secondary learning institutions (DLIs). Minister Miller also … international students. The pilot program is a flagship measure of the [Policy on Francophone Immigration](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/francophone-immigration-strategy-2024.html) announced earlier this year and will benefit FMCs by helping them attract and retain international students. To improve the approval rate, students and their families will be exempted from having to demonstrate that they will leave Canada at the end of their temporary stay. In addition, the required financial threshold will be adjusted to reflect 75% of the … low-income cut-off associated with the municipality where the institution's main campus is located. Pilot program participants will also benefit from a direct pathway from temporary to permanent status after obtaining their diploma, and they will have access to settlement services while they’re studying to help them integrate successfully into their communities. With their proficiency in French and their Canadian education, graduates will be able to contribute to the Canadian labour market and enrich FMCs across the country. Although an annual cap for most study permit applications was established on January 22, 2024, the FMCSP is not included in the overall cap. Each participating DLI will be allocated a limited number of acceptance letters that can be issued for the purpose of processing study permits under the pilot program. The maximum number of study permit applications that Immigration, Refugees and Citizenship Canada (IRCC) will accept under the pilot program is 2,300 for the first year. A cap for the second year of the pilot program will be set by August 2025. **Ten additional Welcoming Francophone Communities** On January 16, 2024, IRCC announced a [series of ambitious and","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-d34727a27a66fcc533b5","countryCode":"CA","country":"Canada","title":"Revocation of the 'Visitor to Work Permit' Inside-Canada Public Policy","policyEffect":"IRCC terminated the COVID-19 pandemic temporary public policy that allowed foreign nationals in Canada on visitor visas/status to apply for an employer-specific work permit from within Canada without leaving the country; applications submitted on or after August 28, 2024, are refused processing under this exemption.","operativeDate":"2024-08-28","year":2024,"affectedGroup":"Visitors in canada","materialConditionsAndExceptions":"Validated condition or limit: IRCC terminated the COVID-19 pandemic temporary public policy that allowed foreign nationals in Canada on visitor visas/status to apply for an employer-specific work permit from within Canada without leaving the country; applications submitted on or after August 28, 2024, are refused processing under this exemption.","policyCategory":"Temporary labour migration / status change","policyTool":"Revocation of public policy","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/visitor-work-permits-end.html","preciseCitation":"IRCC, \"Temporary Public Policy Allowing Certain Visitors in Canada to Apply for an Employer-Specific Work Permit Ended,\" August 28, 2024.","evidencePassage":"news/notices.html) # Canada ends temporary public policy allowing visitors to apply for work permits from within the country **Ottawa, August 28, 2024—** Immigration, Refugees and Citizenship Canada (IRCC) has ended a [temporary public policy](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/visitor-requirements-covid-19.html) that allowed visitors to apply for a work permit from within Canada, effective immediately. IRCC introduced the policy in August 2020 to help visitors who were unable to leave the country due to COVID-19 pandemic–related travel restrictions. Under the policy, visitors in Canada could apply for a work permit without having to leave the country. In addition, foreign nationals who had held a work permit in the previous 12 months but who changed their status in Canada to “visitor” could apply to work legally in Canada while waiting for a decision on their new work permit application. While the temporary policy was set to expire on February 28, 2025, IRCC is ending the policy as part of our overall efforts to recalibrate the number of temporary residents in Canada and preserve the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-a89dd20a601fc57e4de5","countryCode":"CA","country":"Canada","title":"Elimination of Lawyer and Accountant Attestations for LMIA Business Legitimacy","policyEffect":"Employers applying for a Labour Market Impact Assessment (LMIA) under the Temporary Foreign Worker Program are no longer permitted to submit attestation letters from lawyers or accountants as proof of business legitimacy, and must instead provide direct documentation such as business licenses.","operativeDate":"2024-10-28","year":2024,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Employers applying for a Labour Market Impact Assessment (LMIA) under the Temporary Foreign Worker Program are no longer permitted to submit attestation letters from lawyers or accountants as proof of business legitimacy, and must instead provide direct documentation such as business licenses.","policyCategory":"Skilled work","policyTool":"Documentation","sourceName":"Employment and Social Development Canada","sourceUrl":"https://www.canada.ca/en/employment-social-development/news/2024/10/minister-boissonnault-announces-further-temporary-foreign-worker-program-reforms-to-better-protect-the-canadian-labour-market-and-workers.html","preciseCitation":"Employment and Social Development Canada. Elimination of Lawyer and Accountant Attestations for LMIA Business Legitimacy. Effective 2024-10-28.","evidencePassage":"Century Workforce Summit](https://www.canada.ca/en/employment-social-development/news/2024/10/minister-boissonnault-hosts-twenty-first-century-workforce-summit-in-montreal.html) on October 17, 2024, Canadian employers have access to untapped pools of talent in Canada, including youth, among whom the unemployment rate is more than double the annual average. Similar circumstances also exist for other under-represented groups, including Indigenous persons, women and persons with disabilities. Minister Boissonnault also announced that, starting on October 28, 2024, employers will no longer be able to use attestations from professional accountants or lawyers to prove their business legitimacy. He added that the TFW Program will further build on existing information sharing agreements with provincial and territorial partners, as well as existing employer registries, to enhance data sharing. These measures will help to ensure that only genuine and legitimate job offers are approved, helping prevent misuse of the program and ensuring stronger worker protection. While the majority of employers use the TFW Program as intended, the Government of Canada is continuing to carefully monitor for","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-ca-study-institution-change-20241108","countryCode":"CA","country":"Canada","title":"Changing designated learning institutions requires a new study permit application","policyEffect":"From November 8, 2024, study permit holders in Canada intending to attend a different designated learning institution had to apply for a new permit naming it. Students generally had to remain enrolled at the institution named in their permit. A specified exception permitted study at the new institution while the application was pending if the student remained in Canada after receiving its acceptance letter, complied with the other previous permit conditions, and the former institution closed, discontinued the programme, was suspended or lost designation before the student completed their studies.","operativeDate":"2024-11-08","year":2024,"affectedGroup":"Study permit holders in canada changing designated learning institutions","materialConditionsAndExceptions":"Validated condition or limit: A specified exception permitted study at the new institution while the application was pending if the student remained in Canada after receiving its acceptance letter, complied with the other previous permit conditions, and the former institution closed, discontinued the programme, was suspended or lost designation before the student completed their studies.","policyCategory":"Student mobility / work authorization / institutional compliance","policyTool":"Work permit conditions / compliance monitoring / status maintenance","sourceName":"Government of Canada / Privy Council Office","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2024/2024-11-20/html/sor-dors219-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 158, Number 24: Regulations Amending the Immigration and Refugee Protection Regulations (Designated Learning Institutions): SOR/2024-219.; SOR/2024-219, P.C. 2024-1206, Canada Gazette, Part II, Volume 158, Number 24","evidencePassage":"signated learning institution has provided the confirmation referred to in paragraph 222.1(1)(a) to the Minister in accordance with that paragraph, subject to any extension granted under subsection 222.1(2). 5 The Regulations are amended by adding the following after section 217: Change of designated learning institution 217.1 If the holder of a study permit in Canada whose permit names a designated learning institution is accepted to undertake a course or program of study at a different designated learning institution and intends to attend that new institution, they must submit an application … for a new study permit that names the new designated learning institution. 6 Section 219 of the Regulations is replaced by the following: Confirmation of acceptance 219 (1) A study permit must not be issued to a foreign national unless (a) in the case of an application for a study permit that names a designated learning institution that is a post-secondary institution, that designated learning institution has provided confirmation to the Minister in accordance with paragraph 222.1(1)(a), subject to any extension granted under subsection 222.1(2), that the designated learning institution has a … eir entry into Canada. 7 Paragraph 220.1(1)(a) of the Regulations is replaced by the following: (a) they shall enroll at the designated learning institution that is named in their permit and remain enrolled there until they complete their studies; and 8 Subsection 222(1) of the Regulations is amended by adding the following after paragraph (a): (a.1) the day on which the permit holder is no longer enrolled at the designated learning institution that is named in the permit, other than as a result of completing their studies; 9 The Regulations are amended by adding the following after section 22 … Canada and the world Money and finances Science and innovation Topics menu Canada.ca Canada Gazette Publications Part II: Vol. 158 (2024) November 20, 2024 Regulations Amending the Immigration and Refugee Protection Regulations (Designated Learning Institutions): SOR/2024-219 Canada Gazette, Part II, Volume 158, Number 24 Registration SOR/2024-219 November 8, 2024 IMMIGRATION AND REFUGEE PROTECTION ACT P.C. 2024-1206 November 8, 2024 Whereas, under subsection 5(2)footnote a of the Immigration and Refugee Protection Act footnote b, the Minister of Citizenship and Immigration caused a copy of th … o be processed (2) An application for a study permit that names a designated learning institution and that is received during a period in which that designated learning institution is on the suspension list must be returned to the applicant without being processed, along with all documents submitted in support of the application and the fee for processing it. Clarification (3) For greater certainty, subsection (2) does not apply to an application for the renewal of a study permit to allow the applicant to complete their course or program of study. Coming into Force 10 These Regulations come in","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ad1d1300cee01c0871bd","countryCode":"CA","country":"Canada","title":"High-Wage LMIA Stream 20% Wage Threshold Increase","policyEffect":"ESDC increased the entry-level wage threshold for the high-wage LMIA stream by 20% above the prevailing median hourly wage of the province or territory, automatically reclassifying positions falling below this threshold into the more restrictive Low-Wage Stream.","operativeDate":"2024-11-08","year":2024,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: ESDC increased the entry-level wage threshold for the high-wage LMIA stream by 20% above the prevailing median hourly wage of the province or territory, automatically reclassifying positions falling below this threshold into the more restrictive Low-Wage Stream.","policyCategory":"Skilled work","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/employment-social-development/news/2024/10/minister-boissonnault-announces-further-temporary-foreign-worker-program-reforms-to-better-protect-the-canadian-labour-market-and-workers.html","preciseCitation":"Government of Canada. High-Wage LMIA Stream 20% Wage Threshold Increase. Effective 2024-11-08.","evidencePassage":"--- title: \"Minister Boissonnault announces further Temporary Foreign Worker Program reforms to better protect the Canadian labour market and workers - Canada.ca\" meta: author: \"Employment and Social Development Canada\" description: \"Randy Boissonnault, Minister of Employment, Workforce Development and Official Languages, announced targeted reforms to one of the TFW Program streams. Effective November 8, 2024, the starting hourly wage for workers coming into Canada through the high-wage stream will be increased to 20%, higher than its current level, which is the median wage in the applicable province … development.html) # Minister Boissonnault announces further Temporary Foreign Worker Program reforms to better protect the Canadian labour market and workers From: [Employment and Social Development Canada](https://www.canada.ca/en/employment-social-development.html) ## News release Randy Boissonnault, Minister of Employment, Workforce Development and Official Languages, announced targeted reforms to one of the TFW Program streams. Effective November 8, 2024, the starting hourly wage for workers coming into Canada through the high-wage stream will be increased to 20%, higher than its current level, which … further reviews over the following 90 days to ensure that the TFW Program remains responsive to labour market needs, while also helping to protect temporary foreign workers from fraud and abuse. That is why today, Randy Boissonnault, Minister of Employment, Workforce Development and Official Languages, announced targeted reforms to one of the TFW Program streams. Effective November 8, 2024, the starting hourly wage for workers coming into Canada through the high-wage stream will be increased to 20% higher than its current level, which is the median wage in the applicable province or territory of … work. This represents an increase to the existing threshold of between $5 and $8 per hour, depending on the province or territory of work. As a result, a greater number of jobs are expected to be subject to the stricter rules of the low-wage stream, including additional employer requirements related to housing, transportation and recruitment of workers already in Canada. This reform is also designed to prioritize the hiring of domestic workers, in keeping with the TFW Program’s goal of protecting Canada’s economy and Canadian workers. As noted by Minister Boissonnault in a speech at the [21st … stream is for jobs where the wage offered is below the provincial or territorial median hourly wage plus 20%. Under this stream: - employers must provide supports for workers that include return transportation to their country of origin and ensuring or providing suitable accommodation; - employers must conduct at least two additional methods of recruitment that are consistent with the occupation (targets an audience that has the appropriate education, professional experience and or skill level required for the occupation); - employers are limited to a temporary foreign worker complement of 10% of their workforce at any worksite (up to 20% for certain high-demand sectors); and - the TFW Program will not process LMIA applications for positions in Census Metropolitan Areas (CMA) where the unemployment rate is 6% or higher. - The high-wage stream is for jobs where the wage offered is above the provincial or territorial median hourly wage plus 20%. Under this stream: - there is currently no limit on the number of workers an employer can hire; and - CMA unemployment rates are not taken into consideration in LMIA application assessments. - The changes announced today are forecasted to result in","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-ca-dli-compliance-regime-20241108","countryCode":"CA","country":"Canada","title":"Post-secondary institutions become subject to mandatory confirmation and compliance reporting","policyEffect":"From November 8, 2024, post-secondary designated learning institutions became subject to regulatory duties to confirm acceptance electronically within 10 days of a request and report enrolment status within 60 days, with specified extensions. Acceptance confirmation became a study-permit processing and issuance condition, subject to the stated exceptions. The regime provided compliance verification, notice and an opportunity for submissions before an unjustified failure could lead to a warning or suspension for up to 12 consecutive months. New applications naming a suspended institution were returned with fees; renewals to complete the current course or programme were excluded from that suspension restriction.","operativeDate":"2024-11-08","year":2024,"affectedGroup":"Post-secondary designated learning institutions and affected study-permit applicants","materialConditionsAndExceptions":"Validated condition or limit: From November 8, 2024, post-secondary designated learning institutions became subject to regulatory duties to confirm acceptance electronically within 10 days of a request and report enrolment status within 60 days, with specified extensions.; Acceptance confirmation became a study-permit processing and issuance condition, subject to the stated exceptions.; The regime provided compliance verification, notice and an opportunity for submissions before an unjustified failure could lead to a warning or suspension for up to 12 consecutive months.; renewals to complete the current course or programme were excluded from that suspension restriction.","policyCategory":"Student mobility / work authorization / institutional compliance","policyTool":"Work permit conditions / compliance monitoring / status maintenance","sourceName":"Government of Canada / Privy Council Office","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2024/2024-11-20/html/sor-dors219-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 158, Number 24: Regulations Amending the Immigration and Refugee Protection Regulations (Designated Learning Institutions): SOR/2024-219.; SOR/2024-219, P.C. 2024-1206, Canada Gazette, Part II, Volume 158, Number 24","evidencePassage":"2: DIVISION 6 Conditions Imposed on Post-Secondary Designated Learning Institutions Conditions 222.1 (1) A designated learning institution that is a post-secondary institution must comply with the following conditions: (a) it must, using the electronic means that are made available or specified by the Minister for that purpose, within 10 days after the day on which it is requested to do so by the Minister, confirm whether the designated learning institution has accepted a foreign national to the course or program of study that is indicated in their application for a study permit; (b) it must, … using the electronic means that are made available or specified by the Minister for that purpose, within 60 days after the day on which it is requested to do so by the Minister, provide a compliance report that sets out the enrolment status of each foreign national who has been accepted to the designated learning institution; (c) it must, using the electronic means that are made available or specified by the Minister for that purpose, within 10 days after the day on which it is requested to do so by the Minister, provide any additions or corrections to the information in the compliance report; … and (d) it must, using the electronic means that are made available or specified by the Minister for that purpose, within 10 days after the day on which it is requested to do so by the Minister, provide any further information that the Minister requires in relation to study permits or applications for study permits that name the designated learning institution, or otherwise in relation to the administration of this Part. Extension of time (2) The Minister may, on request from a designated learning institution or on their own initiative, extend the time within which a confirmation, a report or … the condition with which the designated learning institution failed to comply; (c) either (i) the period for which the designated learning institution is to be placed on the suspension list referred to in subsection 222.6(1), or (ii) a warning advising the designated learning institution that it is not to be placed on the suspension list but that the determination of non-compliance may be considered in determining whether, in the event of any subsequent failure to comply with a condition set out in subsection 222.1(1), the designated learning institution is to be placed on the list; and (d) t … seriousness of the designated learning institution’s failure to comply with the conditions; (c) the designated learning institution’s efforts to comply with the conditions; (d) the designated learning institution’s cooperation during the verification referred to in subsection 222.2(2); and (e) any written submissions made by the designated learning institution under subsection 222.4(1). Maximum period of suspension (3) The maximum period for which a designated learning institution may remain on the suspension list is 12 consecutive months. Suspension list 222.6 (1) The Minister must publish a … o be processed (2) An application for a study permit that names a designated learning institution and that is received during a period in which that designated learning institution is on the suspension list must be returned to the applicant without being processed, along with all documents submitted in support of the application and the fee for processing it. Clarification (3) For greater certainty, subsection (2) does not apply to an application for the renewal of a study permit to allow the applicant to complete their course or program of study. Coming into Force 10 These Regulations come in … omply with both federal and provincial requirements and to verify that students are complying with their study permit conditions. Additionally, IRCC requires the proper means to take action against DLIs that fail to comply with the regulations. Finally, the amendments also allow international students to work 4 additional hours off campus, raising the maximum to 24 hours per week, to help offset the cost of living in Canada. Description The regulatory amendments apply exclusively to post-secondary DLIs and post-secondary international students. Any reference to DLIs in this document refers to … Canada and the world Money and finances Science and innovation Topics menu Canada.ca Canada Gazette Publications Part II: Vol. 158 (2024) November 20, 2024 Regulations Amending the Immigration and Refugee Protection Regulations (Designated Learning Institutions): SOR/2024-219 Canada Gazette, Part II, Volume 158, Number 24 Registration SOR/2024-219 November 8, 2024 IMMIGRATION AND REFUGEE PROTECTION ACT P.C. 2024-1206 November 8, 2024 Whereas, under subsection 5(2)footnote a of the Immigration and Refugee Protection Act footnote b, the Minister of Citizenship and Immigration caused a copy of th","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-70fcc277ba6057b66d9c","countryCode":"CA","country":"Canada","title":"Expansion of International Experience Canada Regulatory Authorities","policyEffect":"Amended IRPR sections 185 and 204 to create explicit statutory authority to impose permit conditions limiting the duration of work for any single employer under International Experience Canada (IEC) work permits, and broadened LMIA-exempt work permit authority to encompass reciprocal youth mobility arrangements signed with foreign territories and organizations.","operativeDate":"2024-11-29","year":2024,"affectedGroup":"Youth / working holiday makers","materialConditionsAndExceptions":"Validated condition or limit: Amended IRPR sections 185 and 204 to create explicit statutory authority to impose permit conditions limiting the duration of work for any single employer under International Experience Canada (IEC) work permits, and broadened LMIA-exempt work permit authority to encompass reciprocal youth mobility arrangements signed with foreign territories and organizations.","policyCategory":"Youth mobility / temporary labour migration","policyTool":"Permit conditions & bilateral agreements","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2024/2024-12-18/html/sor-dors240-eng.html","preciseCitation":"SOR/2024-240, Regulations Amending the Immigration and Refugee Protection Regulations (International Experience Canada), Canada Gazette, Part II, Volume 158, Number 26.","evidencePassage":"Immigration and Refugee Protection Regulations (International Experience Canada) under subsection 5(1) and paragraphs 26(1)(b) and (d) of the Immigration and Refugee Protection Act footnote a. Regulations Amending the Immigration and Refugee Protection Regulations (International Experience Canada) Amendments 1 Paragraph 185(b) of the Immigration and Refugee Protection Regulations footnote 1 is amended by adding the following after subparagraph (ii): (ii.1) the duration of the work for any one employer, 2 (1) The marginal note to section 204 of the Regulations is replaced by “Agreements or arrangements”. (2) Section 204 of the Regulations is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c): (d) a youth mobility agreement or arrangement between Canada and the government of a foreign state or the competent authority of any other foreign territory, or between Canada and an international or domestic organization, that would create or maintain reciprocal employment for Canadian citizens in a foreign state or territory. Coming into Force 3 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The International Experience Canada Program’s (the Program) regulatory amendments addresses two issues. First, of the current authorities in the Immigration and Refugee Protection Regulations (the Regulations) that authorize the issuance of work permits, none fully capture the scope of the Program. For example, one section does not reference agreements and arrangements that are the foundation of the Program, and another section only covers international agreements and arrangements","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-57ab488d71ff91b41692","countryCode":"CA","country":"Canada","title":"Temporary Pause on Refugee Sponsorship Intake (Groups of Five & Community Sponsors)","policyEffect":"A temporary pause was implemented on accepting new applications for two specific Private Sponsorship of Refugees (PSR) streams: Groups of Five and Community Sponsors, to manage backlogs.","operativeDate":"2024-11-29","year":2024,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Family","policyTool":"Other","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/temporary-pause-extended-refugee-sponsorship-applications-groups-five.html","preciseCitation":"Immigration, Refugees and Citizenship Canada. Temporary Pause on Refugee Sponsorship Intake (Groups of Five & Community Sponsors). Effective 2024-11-29.","evidencePassage":"://www.canada.ca/en/immigration-refugees-citizenship/news/notices.html) # Temporary Pause Extended on Intake of Refugee Sponsorship Applications From Groups of Five and Community Sponsors **Ottawa, November 21, 2025—**Canada’s [Private Sponsorship of Refugees (PSR) Program](https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/sponsor-refugee/private-sponsorship-program.html) allows Canadians, permanent residents and community organizations to provide refugees with a safe, permanent home and the opportunity to rebuild their lives. High demand for the PSR Program has resulted in a large volume of applications and lengthy wait times. On November 29, 2024, IRCC temporarily paused intake of new applications for two streams under the program—the group of five and community sponsor streams—in an effort to address this backlog. IRCC is now extending [the pause on new applications from groups of five and community sponsors](https://gazette.gc.ca/rp-pr/p1/2025/2025-11-22/html/notice-avis-eng.html#na1) until December 31, 2026. Applications already submitted will continue to be processed, and Canada will continue to welcome refugees through the PSR Program during this temporary","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp-b865cf148954208626f0","countryCode":"CA","country":"Canada","title":"TR-to-PR Pathway Work Permit Extension and Family Expansion","policyEffect":"IRCC updated its temporary public policy allowing eligible TR-to-PR pathway applicants to obtain or extend Open Work Permits through December 31, 2026. This policy expands eligibility to allow accompanying family members (spouses, partners, and dependents 18+) to apply for open work permits to facilitate family reunification.","operativeDate":"2024-12-16","year":2024,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: IRCC updated its temporary public policy allowing eligible TR-to-PR pathway applicants to obtain or extend Open Work Permits through December 31, 2026.; This policy expands eligibility to allow accompanying family members (spouses, partners, and dependents 18+) to apply for open work permits to facilitate family reunification.","policyCategory":"Skilled work, residence, family","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/exempt-pr-applicants-work-permit-requirements-dec-2024.html","preciseCitation":"canada.ca. TR-to-PR Pathway Work Permit Extension and Family Expansion. Effective 2024-12-17.","evidencePassage":"immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies.html) # Updated temporary public policy to exempt certain permanent residence applicants from work permit requirements ## Public Policy Considerations: [Temporary Public Policies](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/tr-pr-pathway.html) that aimed to transition foreign nationals already living and working in Canada to permanent residence were launched on May 6, 2021 … and closed on November 5, 2021. These measures recognized workers’ contributions during the COVID-19 pandemic. Complementary public policies that facilitated the issuance of open work permits to eligible applicants under the permanent residence measures were put in place to ensure eligible applicants could remain in status and continue working while awaiting a decision on their permanent residence application. The first [complementary temporary public policy](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residen … ts/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html) was put in place on July 4, 2021 and a [second temporary public policy](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/temporary-public-policy-exempt-pr-applicants-work-permit-requirements-april-2022.html) was put in place on April 21, 2022. Processing of applications received under the Temporary Public Policies is expected to continue beyond December 31, 2024. As such, to facilitate the issuance or renewal of work permits that would … provide the applicants and their eligible family members with work authorization until they receive a decision on their permanent residence application, I hereby establish, pursuant to my authority under section 25.2 of the *Immigration and Refugee Protection Act* (the Act), that there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the *Immigration and Refugee Protection Regulations* (the Regulations) listed below to foreign nationals who meet the conditions (eligibility requirements) set out below. Accordingly, this public policy … will provide exemptions from certain requirements to facilitate the issuance of open work permits to eligible individuals in Canada who submitted an application for permanent residence under the temporary public policies facilitating transition to permanent residence announced on April 14, 2021 and which came in effect on May 6, 2021. Eligible family members in Canada or abroad may also be issued an open work permit. ## Conditions (eligibility requirements): Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified if: … 1. The foreign national: 1. is in Canada with valid temporary resident status or is eligible to restore their status under the Act; 2. if they hold a valid work permit, that work permit expires in less than four months from the time the application for a work permit referred to in (iii) is made; 3. has submitted an open work permit application under sections 200 or 201 of the *Regulations*; 4. has submitted their work permit application using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose if the foreign national bec … ause of disability is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means; 5. has submitted an application for permanent residence under one of the following temporary public policies and has received confirmation that Immigration, Refugees and Citizenship Canada has received their application demonstrating that their application is within any capped volume, and that application has not been withdrawn or refused: 1. [Temporary public policy to facilitate the granting of permanent residence for foreign nationals … al language for each of the four language skill areas under the Canadian Language Benchmarks (CLB) or the Niveaux de compétence linguistique canadiens, as required by the stream applied under. 2. The foreign national: 1. is a family member – per the definition in subsection 1(3) of the *Regulations* – and has been included as an accompanying family member in an application for permanent residence referred to in (1)(v), of a foreign national who has applied and has been found to meet the conditions listed in 1; 2. has submitted a work permit application under sections 200 or 201 of the *Regulat … ions*; 3. has submitted their work permit application using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose if the foreign national because of disability is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means; and 4. is 18 years of age or older at the time the work permit application in (ii) is submitted. ## Provisions of the Regulations for which an exemption, if applicable, may be granted 1. For foreign nationals who meet the conditi","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-ca-gaza-fee-remission-20241218","countryCode":"CA","country":"Canada","title":"Certain Fees in Respect of the Issuance of Temporary Resident Visas for Certain Extended Family (Crisis in Gaza) Remission Order","policyEffect":"Remission is granted of the fees paid or payable under subsection 296(1) or 315.1(1) of the Immigration and Refugee Protection Regulations in respect of temporary resident visa applications and biometric collection service fees for persons who, during the period beginning on January 9, 2024 and ending on April 22, 2025, submitted an application under either the Temporary public policy to facilitate temporary resident visas for certain extended family affected by the crisis in Gaza or the Updated temporary public policy. Fees paid before December 18, 2024 are remitted on that day, and fees paid from December 18, 2024 through April 22, 2025 are remitted on April 23, 2025.","operativeDate":"2024-12-18","year":2024,"affectedGroup":"Any person who, during the period beginning on january 9, 2024 and ending on april 22, 2025, has submitted an application for a temporary resident visa in accordance with either the temporary public policy to facilitate temporary resident visas for certain extended family affected by the crisis in gaza or the updated temporary public policy to facilitate temporary resident visas for certain extended family affected by the crisis in gaza.","materialConditionsAndExceptions":"Validated condition or limit: Fees paid before December 18, 2024 are remitted on that day, and fees paid from December 18, 2024 through April 22, 2025 are remitted on April 23, 2025.","policyCategory":"Migration policy","policyTool":"","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2024/2024-12-18/html/si-tr67-eng.html","preciseCitation":"","evidencePassage":"Remission is granted of the fees paid or payable under subsection 296(1) or 315.1(1) of the Immigration and Refugee Protection Regulations in respect of an application for a temporary resident visa referred to in subsection (2) to any person who meets the condition set out in that subsection (2). … This Order comes into force on the day on which it is registered. … SI/2024-67 December 18, 2024 … during the period beginning on January 9, 2024 and ending on April 22, 2025, the person has submitted an application for a temporary resident visa in accordance with either (a) the Temporary public policy to facilitate temporary resident visas for certain extended family affected by the crisis in Gaza; or (b) the Updated temporary public policy to facilitate temporary resident visas for certain extended family affected by the crisis in Gaza. … 2 The remission of fees referred to in subsection 1(1) is to be made on the following dates: (a) fees paid before the day on which this Order comes into force are to be remitted on that day; and (b) fees paid during the period beginning on the day that this Order comes into force and ending on April 22, 2025 are to be remitted on April 23, 2025.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-75fa102cbb89560dfebb","countryCode":"CA","country":"Canada","title":"Study Permit Provincial/Territorial Attestation Letter & Application Cap 2025 (MI)","policyEffect":"Issues Ministerial Instructions pursuant to IRPA section 87.3 establishing that study permit applications within scope require a provincial or territorial attestation letter (PAL/TAL) confirming allocation and caps the total intake of study permit applications accepted for processing at 550,162 for the period January 22, 2025, through December 31, 2025.","operativeDate":"2025-01-22","year":2025,"affectedGroup":"International students","materialConditionsAndExceptions":"Validated condition or limit: Issues Ministerial Instructions pursuant to IRPA section 87.3 establishing that study permit applications within scope require a provincial or territorial attestation letter (PAL/TAL) confirming allocation and caps the total intake of study permit applications accepted for processing at 550,162 for the period January 22, 2025, through December 31, 2025.","policyCategory":"Student migration","policyTool":"Ministerial instructions","sourceName":"Department of Citizenship and Immigration / Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2025/2025-01-18/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Volume 159, Number 3: GOVERNMENT NOTICES – DEPARTMENT OF CITIZENSHIP AND IMMIGRATION","evidencePassage":"Canada Gazette Publications Part I: Vol. 159 (2025) January 18, 2025 Canada Gazette, Part I, Volume 159, Number 3: GOVERNMENT NOTICES January 18, 2025 DEPARTMENT OF CITIZENSHIP AND IMMIGRATION IMMIGRATION AND REFUGEE PROTECTION ACT Ministerial Instructions with respect to the processing of certain applications for a study permit made by a foreign national as a member of the student class These Instructions are published in the Canada Gazette in accordance with subsection 87.3(6) of the Immigration and Refugee Protection Act. These Instructions are given, pursuant to section 87.3 of the Immigration … and Refugee Protection Act, by the Minister of Citizenship and Immigration as, in the opinion of the Minister, these Instructions will best support the attainment of the immigration goals established by the Government of Canada by permitting Canada to pursue the maximum social, cultural and economic benefits of immigration; and enriching and strengthening the social and cultural fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada. Overview These Instructions establish that study permit applications within the scope of these Instructions require an attestation letter from the respective province or territory where the applicant intends to study. The intent of these Instructions is to ensure that in 2025 the number of study permit applications accepted into processing by the Department of Citizenship and Immigration (the Department) within the scope of the Instructions does not exceed the number of applications remaining in the cap ending on January 21, 2025, at 11:59 P.M., as set out in the Ministerial Instructions (MI79) for the period from January 1, 2025, at 12:00 A.M. EST to January 21, 2025, at 11:59 P.M. EST, and that the … number of applications does not exceed 550 162 for the period between January 22, 2025, at 12:00 A.M. EST and ending December 31, 2025, at 11:59 P.M. EST. Provinces and territories have been allocated a share of the 550 162 applications, as communicated by the Minister in letters to their provincial and territorial counterparts. As established in these Instructions, certain categories of study permit applications are excluded from the conditions and the associated application cap established by these Instructions. Definitions The following definitions apply in these Instructions: “Act” means the … foreign nationals who are exempt from certain study permit requirements as set out in the provisions of the Temporary public policy to exempt certain Indigenous persons and their family members from temporary residence requirements. Conditions In order to be accepted for processing, any study permit application subject to these Instructions that was made at 12:00 A.M. EST on January 22, 2025, or after, must include a provincial or territorial attestation letter issued for the 2025 allocation year. Study permit applications that do not include a provincial or territorial attestation letter will … in accordance with the Ministerial Instructions with respect to the processing of certain applications for a study permit made by a foreign national as a member of the student class that were in force at the time of receipt. Maximum number of study permit applications to be accepted for processing in a year In 2025, these Instructions authorize the number of applications remaining in the cap ending on January 21, 2025, at 11:59 P.M. as set out in the Ministerial Instructions (MI79), that are within the scope of those instructions, to be the maximum accepted for processing during the period January 1, 2025, to January 21, 2025, at 11:59 P.M. They also authorize a maximum of 550 162 study permit applications, within the scope of these instructions, to be accepted for processing between January 22, 2025, at 12:00 A.M. EST and ending December 31, 2025, at 11:59 P.M. EST. This maximum number of study permit applications accepted for processing may be amended in accordance with any subsequent Instructions the Minister may provide. Study permit applications that are within the scope of these Instructions received by the Department after the maximum number of study permit applications has … been reached will not be accepted for processing, and processing fees will be returned. Effective Period These Instructions take effect on January 22, 2025 at 12:00 AM EST and expire on December 31, 2025 at 11:59 PM EST. The Hon. Marc Miller, P.C., M.P. Minister of Citizenship and Immigration Dated on December 23, 2024 DEPARTMENT OF THE ENVIRONMENT CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Notice of intent to amend the Domestic Substances List, adding the letter “P” to the identifiers of 254 reduced regulatory requirement polymers Notice is hereby given that the Minister of the Environment,","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-b1b8aafc242c11c2253e","countryCode":"CA","country":"Canada","title":"Cancellation of Immigration Documents (SOR/2025-11)","policyEffect":"Amends the Immigration and Refugee Protection Regulations (IRPR) to establish explicit regulatory authority for immigration officers to cancel temporary resident documents—including Electronic Travel Authorizations (eTAs), Temporary Resident Visas (TRVs), work permits, and study permits—on grounds of inadmissibility, failure to leave Canada at authorized stay expiration, or administrative error, and codifies automatic document cancellation upon acquisition of permanent residence.","operativeDate":"2025-01-31","year":2025,"affectedGroup":"Temporary residents","materialConditionsAndExceptions":"","policyCategory":"Border control","policyTool":"Regulation","sourceName":"Government of Canada / Canada Gazette Directorate","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2025/2025-02-12/html/sor-dors11-eng.html","preciseCitation":"SOR/2025-11; P.C. 2025-53, Canada Gazette Part II, Vol. 159, No. 4","evidencePassage":"will not leave Canada by the end of the period authorized for their stay under Division 2 of Part 9; or (k) they were refused a work permit or study permit in the course of an application for or renewal of a work permit or study permit referred to in subsection 12.04(6). 2 Section 12.07 of the Regulations is replaced by the following: Cancellation 12.07 An officer may cancel an electronic travel authorization that was issued to a foreign national if (a) the foreign national is inadmissible; (b) the foreign national becomes ineligible to hold such an authorization under section 12.06; or (c) the officer is satisfied that the electronic travel authorization was issued based on an administrative error. Cancellation 12.08 An electronic travel authorization that was issued to a foreign national is cancelled if (a) the foreign national becomes a permanent resident; (b) the passport or other travel document in respect of which the electronic travel authorization was issued is lost, stolen or destroyed; (c) the passport or other travel document in respect of which the electronic travel authorization was issued is abandoned by the foreign national; or (d) the foreign national is deceased. … 3 The Regulations are amended by adding the following after section 13.2: DIVISION 6 Cancellation of Visas or Other Documents Clarification 13.3 For greater certainty, nothing in these Regulations affects any other lawful authority to cancel a visa or any other document, including an electronic travel authorization, temporary resident visa, work permit and study permit. 4 The Regulations are amended by adding the following after section 180: Cancellation — Temporary Resident Visa Cancellation 180.1 An officer may cancel a temporary resident visa that was issued to a foreign national if (a) the … foreign national is inadmissible; (b) the foreign national did not meet one or more of the requirements under section 179 at the time the temporary resident visa was issued or no longer meets one or more of those requirements; (c) the foreign national was issued, after the issuance of the temporary resident visa, a temporary resident permit under subsection 24(1) of the Act; (d) the officer has reasonable grounds to believe that the foreign national will not leave Canada by the end of the period authorized for their stay under Division 2; (e) the foreign national was refused, after the issuance of the temporary resident visa, an electronic travel authorization, work permit or study permit or another temporary resident visa; (f) the foreign national is the subject of a declaration made under subsection 22.1(1) of the Act; or (g) the officer is satisfied that the temporary resident visa was issued based on an administrative error. Cancellation 180.2 A temporary resident visa that was issued to a foreign national is cancelled if (a) the foreign national becomes a permanent resident; (b) the passport or other travel document in respect of which the temporary resident visa was issued is lost, stolen or destroyed; (c) the passport or other travel document in respect of which the temporary resident visa was issued is abandoned by the foreign national; or (d) the foreign national is deceased. 5 Section 209 of the Regulations is replaced by the following: Invalidity 209 A work permit becomes invalid when it expires or when it is cancelled under section 209.01, 209.02 or 243.2. Cancellation due to error 209.01 An officer may cancel a work permit that was issued to a foreign national if the officer is satisfied that the work permit was issued based on an administrative error. Cancellation 209.02 A work permit that was issued to a foreign national is cancelled if (a) the foreign national becomes a permanent resident; or (b) the foreign national is deceased. 6 Paragraph 222(1)(b) of the Regulations is replaced by the following: (b) the day on which the study permit is cancelled under section 222.7, 222.8 or 243.2; or 7 The Regulations are amended by adding the following after section 222.6: DIVISION 7 Cancellation — Study Permits Cancellation due to error 222.7 An officer may cancel a study permit that was issued to a foreign national if the officer is satisfied that the study permit was issued based on an administrative error. Cancellation 222.8 A study permit that was issued to a foreign national is cancelled if (a) the foreign national becomes a permanent resident; or (b) the foreign national is deceased. Coming into Force 8 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Immigration, Refugees and Citizenship Canada (IRCC) has identified inconsistencies in authorities within the Immigration and Refugee Protection Regulations (the Regulations … cancel temporary resident documents. The amendments will increase processing efficiencies with more clarity for officers and improve safety and security at the border and inside Canada. Description The regulatory amendments make a foreign national ineligible to hold an eTA if an officer has reasonable grounds to believe that the holder will not leave Canada by the end of their authorized stay; or the holder was refused a study or work permit or renewal of a study or work permit. The regulatory amendments allow an officer to cancel an eTA if it was issued based on an administrative error. The regulatory","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d7470e973b5eda4ae47f","countryCode":"CA","country":"Canada","title":"Enhanced Protection Measures and Fee Exemptions for Victims of Human Trafficking and Family Violence","policyEffect":"IRCC increased the initial Temporary Resident Permit (TRP) validity to at least 12 months and waived application and processing fees for subsequent TRPs, open work permits, study permits, and biometrics for victims of human trafficking and family violence.","operativeDate":"2025-02-04","year":2025,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: IRCC increased the initial Temporary Resident Permit (TRP) validity to at least 12 months and waived application and processing fees for subsequent TRPs, open work permits, study permits, and biometrics for victims of human trafficking and family violence.","policyCategory":"Other, skilled work, student","policyTool":"Fees","sourceName":"Immigration, Refugees and Citizenship Canada (IRCC)","sourceUrl":"https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/ntnl-strtgy-cmbt-hmn-trffckng/2023-2025/index-en.aspx","preciseCitation":"Immigration, Refugees and Citizenship Canada (IRCC). Enhanced Protection Measures and Fee Exemptions for Victims of Human Trafficking and Family Violence. Effective 2025-02-04.","evidencePassage":"67 days in 2024 (down from 220 days in 2023). IRCC regularly reviews its protective measures to ensure that they are responsive to the needs of victims, survivors and their dependants in Canada. As such, IRCC identified and removed several barriers to allow victims greater access to supports. In 2024, IRCC reviewed its ministerial instructions and public policies to improve facilitative measures protecting vulnerable foreign national victims of human trafficking in Canada. On February 4, 2025, the following changes came into force: 1) the duration of the initial TRP increased from up to 6 months to at least 12 months, with some exceptions and 2) fee exemptions expanded for subsequent TRPs, work permits, study permits, and biometrics. A subsequent TRP may be issued for up to 3 years based on an in-depth assessment. Over five years of the National Strategy (2019-2024), CBSA reviewed its immigration enforcement and inadmissibility policy frameworks to reduce inadvertent re-traumatization of victims and survivors of human trafficking and gender-based violence. The review encompassed the entirety of the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-eb680ab482e9378424d1","countryCode":"CA","country":"Canada","title":"Updated Public Policy for Iranian Nationals in Canada","policyEffect":"The temporary public policy for Iranian nationals was extended, allowing eligible temporary residents in Canada as of February 28, 2025, to continue accessing fee-exempt study permits, open work permits, and extensions until February 28, 2026.","operativeDate":"2025-03-01","year":2025,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: The temporary public policy for Iranian nationals was extended, allowing eligible temporary residents in Canada as of February 28, 2025, to continue accessing fee-exempt study permits, open work permits, and extensions until February 28, 2026.","policyCategory":"Skilled work, student","policyTool":"Other","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/iran-national-extend-stay-extension-2025.html","preciseCitation":"canada.ca. Updated Public Policy for Iranian Nationals in Canada. Effective 2025-03-01.","evidencePassage":"temporary public policy for nationals of Iran in Canada as temporary residents The Government of Canada recognizes that while the protests that erupted following the tragic killing on September 16, 2022 of Mahsa Amini have ended, the situation in Iran continues to be unstable due to a combination of factors, most notably Iran’s implication in the regional conflict that emerged as a result of Israel’s war in Gaza. It is understood that Iranian national temporary residents in Canada may be unable to return to Iran at this time. The measures outlined in this public policy will facilitate continued access to study permits, open work permits and work permit extensions from within Canada for Iranian foreign nationals who arrived in Canada on or before February 28, 2025. Therefore, I hereby establish that there are sufficient public policy considerations that justify the granting, pursuant to section 25.2 of the *Immigration and Refugee Protection Act*, of exemptions from the requirements of the *Immigration and Refugee Protection Regulations* (Regulations) listed below to foreign nationals who meet the conditions set out below. ## Conditions (eligibility requirements) Based on public policy … considerations, delegated officers may grant an exemption from the requirements of the Act and Regulations identified below when a foreign national meets the following conditions: - The foreign national: - is a national of Iran in Canada with valid temporary resident status; and - arrived in Canada on or before February 28, 2025; and - has applied for a work permit under section 200 of the Regulations or a work permit renewal under subsection 201(1) of the Regulations from within Canada. - The foreign national: - is a national of Iran in Canada with valid temporary resident status; and - arrived in Canada on or before February 28, 2025; and - has applied for a study permit under section 216 of the Regulations from within Canada. ## Provisions of the Regulations for which an exemption may be granted, if applicable: **For foreign nationals who meet the conditions listed in 1)** - Paragraphs 199(a)-(i) of the Regulations – the requirements that a foreign national must meet in order to apply for a work permit after entering Canada; - Paragraph 200(1)(c) of the Regulations – the requirement to be described under this paragraph of the Regulations; **For foreign nationals who meet the conditions listed in 2)** - Section 213 of the Regulations – the requirement to apply for a study permit before entering Canada; - Paragraphs 215(1)(a)-(g) of the Regulations – the requirements that a foreign national must meet in order to apply for a study permit after entering Canada; ## Other Admissibility and Selection Criteria Foreign nationals eligible under this public policy are subject to all other legislative obligations and admissibility and selection requirements not exempted under this, or another, public policy. ## Effective Date and Expiration This public policy comes into effect … on March 1, 2025 and expires on February 28, 2026, and may be revoked at any time without prior notice. This public policy applies to applications received on or after the date it comes into effect, and before the expiry date or the revocation of the public policy. Hon. Marc Miller, P.C., M.P. Minister of Citizenship and Immigration Dated at Ottawa, this 28 day of February 2025 ## Page details 2025-03-07 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/en/immigration-refugees","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-2c63804d139a986b99e1","countryCode":"CA","country":"Canada","title":"Elimination of Express Entry Arranged Employment (Job Offer) Points","policyEffect":"IRCC has removed all Comprehensive Ranking System (CRS) points awarded for arranged employment (job offers) in the Express Entry system, effective March 25, 2025. While a valid job offer may remain an eligibility requirement for certain programs, it no longer grants bonus ranking points. This measure aims to combat fraud, such as the buying and selling of illegal LMIAs. Candidates with an Invitation to Apply (ITA) prior to the effective date are grandfathered.","operativeDate":"2025-03-25","year":2025,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: While a valid job offer may remain an eligibility requirement for certain programs, it no longer grants bonus ranking points.","policyCategory":"Other, residence","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/9-august-2024-24-march-2025.html","preciseCitation":"Canada.ca. Elimination of Express Entry Arranged Employment (Job Offer) Points. Effective 2025-03-25.","evidencePassage":"under paragraph 10.3(1)(h) [Footnote a](#fn1) of the *Immigration and Refugee Protection Act*[Footnote b](#fn2). Ottawa, March 11, 2025 MARC MILLER *Minister of Citizenship and Immigration* ## Amendments 1 **Subparagraph 8(1)(d)(ii) of the *Ministerial Instructions Respecting the Express Entry System*[Footnote 1](#fn3) is repealed.** 2 (1)** Subsection 29(1) of the Instructions is repealed.** (2)** Subsections 29(3) and (4) of the Instructions are replaced by the following:** ### Loss of offer or inability to perform duties (3) If the offer is revoked or if the foreign national is unable to perform the duties of the employment or is unlikely to agree to perform them, the offer is no longer a qualifying offer of arranged employment. 3 **The Instructions are amended by adding the following after section 33:** ### Previous version — subparagraph 8(1)(d)(ii) and section 29 34 Subparagraph 8(1)(d)(ii) and section 29 of these Instructions, as they read immediately before the day on which this section takes effect, continue to apply to in respect of invitations issued to foreign nationals before that day where those invitations were issued on the basis of points assigned under that subparagraph … annual income necessary to support a group of persons consisting of a foreign national and their family members. ##### Comprehensive Ranking System factor categories **8 (1)** In accordance with these Instructions, points are assigned under the Comprehensive Ranking System to each foreign national whose expression of interest is included in the express entry pool, on the basis of the information provided in that expression of interest, according to the following categories of factors: - (a) the category of core human capital factors, namely - (i) age, - (ii) level of education, - (iii) official … arranged employment **29** (1) If a foreign national has a qualifying offer of arranged employment, they may be assigned points as follows: - (a) 200 points, if the offer is for employment in an occupation contained in Major Group 00 of the *National Occupation Classification* matrix; or - (b) 50 points, if the offer is any other qualifying offer of arranged employment. ##### Qualifying offer of arranged employment (2) A qualifying offer of employment is one of the following: - (a) an arranged employment as defined in subsection 82(1) of the Regulations, if - (i) the offer is supported by a valid … subparagraph and that section, as those provisions read immediately before that day. ### Taking Effect 4 **These Instructions take effect on March 25, 2025, but if they are given after that day, they take effect on the day on which they are given.** ## Footnotes Footnote A S.C. 2022, c. 10, s. 377(2) [Return to footnote A referrer](#fn1-rf) Footnote B S.C. 2001, c. 27 [Return to footnote B referrer](#fn2-1-rf) Footnote 1 *Canada Gazette*, [Part I, Vol. 148, Extra No. 10, December 1, 2014](https://gazette.gc.ca/rp-pr/p1/2014/2014-12-01-x10/html/extra10-eng.html#e01) [Return to footnote 1 referrer](#fn3","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp-a95f96caf1d86ff0f664","countryCode":"CA","country":"Canada","title":"Ministerial Instructions for Home Care Worker Immigration Pilot Programs (Child Care and Home Support)","policyEffect":"Issued Ministerial Instructions pursuant to IRPA section 87.3 establishing application processing parameters, quotas, and stream splits for the Home Care Worker Immigration (Child Care) and (Home Support) classes starting March 31, 2025 (setting an intake limit of 2,610 applications for processing under the Child Care class in the 2025–2026 cycle).","operativeDate":"2025-03-31","year":2025,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Issued Ministerial Instructions pursuant to IRPA section 87.3 establishing application processing parameters, quotas, and stream splits for the Home Care Worker Immigration (Child Care) and (Home Support) classes starting March 31, 2025 (setting an intake limit of 2,610 applications for processing under the Child Care class in the 2025–2026 cycle).","policyCategory":"Economic migration / caregiver pilots","policyTool":"Not stated","sourceName":"Immigration, Refugees and Citizenship Canada (IRCC) / Government of Canada","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2025/2025-03-22/html/notice-avis-eng.html","preciseCitation":"Canada Gazette, Part I, Volume 159, Number 12: \"Ministerial Instructions regarding the processing of applications under the Home Care Worker Immigration Pilot Program (Child Care) and Home Care Worker Immigration Pilot Program (Home Support)\", March 22, 2025.","evidencePassage":"ada Gazette Publications Part I: Vol. 159 (2025) March 22, 2025 Canada Gazette, Part I, Volume 159, Number 12: GOVERNMENT NOTICES March 22, 2025 DEPARTMENT OF CITIZENSHIP AND IMMIGRATION IMMIGRATION AND REFUGEE PROTECTION ACT Ministerial Instructions regarding the processing of applications under the Home Care Worker Immigration Pilot Program (Child Care) and Home Care Worker Immigration Pilot Program (Home Support) These Instructions are published in the Canada Gazette, in accordance with subsection 87.3(6) of the Immigration and Refugee Protection Act (the Act) by the Minister of Citizenship … and Immigration as, in the opinion of the Minister, these Instructions will best support the attainment of the immigration goals established by the Government of Canada. Overview These Instructions are directed to officers who are responsible for handling and/or reviewing applications under the Home Care Worker Immigration (Child Care) and Home Care Worker Immigration (Home Support) classes. The intent of these Instructions is to set the number of applications that may be processed in a year, to ensure that the total number of applications submitted in a given year does not exceed the number … that can be processed and to establish the intake proportion allocated to each stream. Scope These Instructions apply to applications for a permanent resident visa as a member of the Home Care Worker Immigration (Home Support) and Home Care Worker Immigration (Child Care) classes. These Instructions do not apply to such applications where they are made in conjunction with an application to be granted, under a public policy made under section 25.2 of the Act, exemptions from the selection criteria or other requirements applicable to these classes. Number of applications that may be submitted in … a year and that may be processed in a year Home Care Worker Immigration (Child Care) Class (a) For the year beginning on March 31, 2025, and ending on March 30, 2026: (i) The number of applications that may be processed is 2 610. (ii) The number of applications under Stream A that may be submitted using electronic means (online) is 2 350. (iii) The number of applications under Stream A that may be submitted using alternate means is 260. (iv) The number of applications under Stream B that may be submitted is 0. (b) For the year beginning on March 31, 2026, and ending on March 30, 2027: (i) The … e date on which they are received. Applications received on the same date will be considered in accordance with routine office procedures. Disposition of applications Applicants received in excess of the number that may be submitted in a year shall be returned with the corresponding fees. Humanitarian and compassionate requests A request made under subsection 25(1) of the Act from outside Canada and that accompanies an application that was not processed under these Instructions will not be processed. Coming into effect These Instructions take effect on March 31, 2025. The Instructions expire o … the group of persons consisting of the applicant and their family members, whether those family members are accompanying them or not. Effective period 8 These Instructions have effect for a period of five years beginning on March 31, 2025, but if they are given after that day, the period begins on the day on which they are given. DEPARTMENT OF CITIZENSHIP AND IMMIGRATION IMMIGRATION AND REFUGEE PROTECTION ACT Ministerial Instructions with Respect to the Home Care Worker Immigration (Home Support) Class The Minister of Citizenship and Immigration gives the annexed Ministerial Instructions with … of the minimum necessary income applicable in respect of the group of persons consisting of the applicant and their family members, whether those family members are accompanying them or not. Effective period 8 These Instructions have effect for a period of five years beginning on March 31, 2025, but if they are given after that day, the period begins on the day on which they are given. DEPARTMENT OF CITIZENSHIP AND IMMIGRATION IMMIGRATION AND REFUGEE ACT Ministerial Instructions with respect to the processing of applications for a permanent resident visa made by parents or grandparents of a sp","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-c857346355d51db0b70a","countryCode":"CA","country":"Canada","title":"Invalidity of Expired Refugee Protection Claimant Documents","policyEffect":"Expired Refugee Protection Claimant Documents (RPCDs) are no longer valid as of April 1, 2025. Claimants must use the online IRCC web form to request replacements, as paper applications are no longer processed.","operativeDate":"2025-04-01","year":2025,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: Claimants must use the online IRCC web form to request replacements, as paper applications are no longer processed.","policyCategory":"Residence","policyTool":"Documentation","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/services/asylum/replace-rpcd.html","preciseCitation":"Immigration, Refugees and Citizenship Canada. Invalidity of Expired Refugee Protection Claimant Documents. Effective 2025-04-01.","evidencePassage":"[Get a birth certificate](https://www.canada.ca/en/services/life-events/child/register-birth.html) - [Apply for a SIN](https://www.canada.ca/en/employment-social-development/services/sin.html) ## You are here: 1. [Canada.ca](https://www.canada.ca/en.html) 2. [Immigration, Refugees and Citizenship Canada](https://www.canada.ca/en/immigration-refugees-citizenship.html) # Replace your refugee protection identity document (RPID) The refugee protection identity document (RPID) (formerly the refugee protection claimant document \\[RPCD]) confirms: - that you made a refugee (asylum) claim in Canada - … that you’re eligible for health coverage under the Interim Federal Health Program **Expired RPIDs or RPCDs aren’t valid as of April 1, 2025.** **If your asylum claim or pre-removal risk assessment (PRRA) was already approved** You can [apply for permanent residence (PR)](https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5205-applying-permanent-residence-within-canada-protected-persons-convention-refugees.html) right away. You don’t need an RPID. You can apply to your province or territory for health coverage while we process your PR application","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-b0abfc04bda0d4c4b319","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (Removals Costs Modernization) (SOR/2024-284)","policyEffect":"Modernizes the recoverable removal fee structure charged to foreign nationals who seek to return to Canada after having been removed at the expense of the Government of Canada, replacing geographic destination brackets with updated actual costs and fully exempting individuals who were minors when their removal order was issued.","operativeDate":"2025-04-01","year":2025,"affectedGroup":"Individuals previously removed under removal orders","materialConditionsAndExceptions":"Validated condition or limit: Modernizes the recoverable removal fee structure charged to foreign nationals who seek to return to Canada after having been removed at the expense of the Government of Canada, replacing geographic destination brackets with updated actual costs and fully exempting individuals who were minors when their removal order was issued.","policyCategory":"Removal and return","policyTool":"Fee recovery / cost enforcement","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2025/2025-01-01/html/sor-dors284-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 159, Number 1, SOR/2024-284, December 16, 2024; Canada Gazette, Part II, Volume 159, Number 1, SOR/2024-284.","evidencePassage":"1 is replaced by the following: Payment of removal costs 243 (1) Unless expenses incurred by His Majesty in right of Canada have been recovered from a transporter, a foreign national who is removed from Canada at His Majesty’s expense shall not return to Canada if the foreign national has not paid to His Majesty the removal costs of (a) $3,840 for removal without escort or under escort other than by air; and (b) $12,880 for removal under escort by air. Exception — medical escort (2) Despite paragraph 1(b), a foreign national who is removed by air under medical escort is subject to the removal … cost set out in paragraph (1)(a). Non-application — under 18 (3) Subsections (1) and (2) do not apply to a foreign national who is under 18 years of age at the time the removal order is made. Transitional Provision 2 Section 243 of the Immigration and Refugee Protection Regulations, as it read immediately before the day on which these Regulations come into force, continues to apply with respect to a foreign national who was 18 years of age or older at the time the removal order was made and who was removed before the day on which these Regulations come into force. Coming into Force 3 These Regulations … program costs. The recovery of removal cost framework is also in place to help incentivize voluntary compliance with removal orders, whereby the persons concerned may depart Canada at their own expense and not be subject to this framework. Description Removal costs apply to the issuance and administration of all removal orders. The regulations replace the geographic-based fee structure for removals to the United States or St. Pierre and Miquelon ($750) and the fee for removals to elsewhere ($1,500) into a single fee for an unescorted removal cost of $3,840 and an escorted removal cost of $12,880. The regulations exempt individuals who are below the age of 18 at the time a removal order was issued against them from the requirement to pay removal costs; this includes persons covered by the original fees set under these regulations. In order to recognize that escorted removals may be required for medical cases, for reasons beyond the control of the individual, the regulations stipulate that the escorted fee does not apply in these cases, and instead the unescorted fee would apply. Further, as costs related to land removals are less than other types of removals, the regulations stipulate that … removal expenditures, which include all removals. Average removal unit cost 2018–19 Expenditures (A) 2018–19 removals (persons) (B) Average 2018–19 removal cost [rounded] (A/B) Average costs adjusted with 2020 to 2024 [rounded] (A/B)*CPI Unescorted removal $28,443,602 8,763 $3,250 $3,840 Escorted removal $9,840,489 903 $10,900 $12,880 Implementation, compliance and enforcement, and service standards Implementation The regulations come into force on April 1, 2025, or on the date they are registered, whichever is later, and do not apply retroactively, with the exception of minors. In other words, unescorted","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-b6534deff47b1f34aea5","countryCode":"CA","country":"Canada","title":"Job-change work-authorisation policy adds alternative applications and removes its conditional pandemic biometrics waiver","policyEffect":"From May 27, 2025, the replacement temporary job-mobility public policy expressly allowed a Department-provided alternative format for exemption requests by people unable to use electronic means; the May 6, 2020 predecessor specified electronic requests only. The replacement also omitted the predecessor’s exemption from biometric collection under IRPR paragraph 12.1(h), which had been limited to applicants living in areas where the serving Service Canada office was not collecting biometrics because of COVID-19. This did not establish that every applicant newly had to give biometrics: other applicable exemptions remained relevant. The core ability to obtain permission to begin a new job while a work-permit application was pending continued. Eligibility required valid temporary resident status in Canada, satisfaction of IRPR paragraph 199(a) or (b), an undecided qualifying new or renewal work-permit application for work described in IRPR 200(1)(c)(ii.1) or (iii), and an intention to work for the new employer or occupation in that application’s job offer. Applicants also had to request the public-policy exemption through the specified electronic or permitted alternative process and request its application until the work-permit decision. Delegated officers could grant exemptions from the listed work-authorisation and work-condition requirements; filing the work-permit application alone did not confer immediate permission to change jobs. Granted exemptions lasted until the work-permit decision or withdrawal of that application. Other unexempted eligibility and admissibility requirements remained. The policy was signed March 4, 2025 and took effect twelve weeks later, revoking and replacing the 2020 policy. Both policies were temporary and continued until ministerial revocation; the 2025 replacement did not make the arrangement permanent.","operativeDate":"2025-05-27","year":2025,"affectedGroup":"Eligible temporary residents in canada with pending employer or occupation change work-permit applications","materialConditionsAndExceptions":"Validated condition or limit: the May 6, 2020 predecessor specified electronic requests only.; The replacement also omitted the predecessor’s exemption from biometric collection under IRPR paragraph 12.1(h), which had been limited to applicants living in areas where the serving Service Canada office was not collecting biometrics because of COVID-19.; Eligibility required valid temporary resident status in Canada, satisfaction of IRPR paragraph 199(a) or (b), an undecided qualifying new or renewal work-permit application for work described in IRPR 200(1)(c)(ii.1) or (iii), and an intention to work for the new employer or occupation in that application’s job offer.; Applicants also had to request the public-policy exemption through the specified electronic or permitted alternative process and request its application until the work-permit decision.; Granted exemptions lasted until the work-permit decision or…","policyCategory":"Skilled work","policyTool":"Eligibility","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/changing-employment.html","preciseCitation":"Temporary public policies on changing employment signed May6,2020 and March4,2025","evidencePassage":"Background Temporary foreign workers fill important labour and skills gaps in all sectors of the Canadian economy. Workers are expected to fulfil their employment contracts and arrive in Canada with the intent to work with the employer who has recruited them and provided the offer of employment. There may, however, arise situations beyond either the worker’s or the employer’s control where continuing the employment contract is no longer possible. This could include, but is not limited to, situations such as taking on a new role with the same employer, lay-offs, conflict or incompatibility within the workplace, or seeking a better compensation package or a professional growth opportunity with a different employer that leads the worker to have to obtain a new work permit. Workers in these situations have to apply for a new work permit and have to wait for their work permit to be fully processed before starting the new job. This could mean a delay of several weeks and result in a prolonged break in employment for the worker and a frustrating wait for employers who sought to hire amongst the temporary foreign workers already in Canada. Public policy considerations Aligned with the Government’s goal to reduce the inflow of new temporary workers to Canada, it is imperative to better utilize the skills and training of the temporary foreign workers already here as well as offer workers a viable and timely alternative to change employers if they need to do so. A timely transition to new employment is beneficial to both employers and workers alike. The employer is able to hire the worker, who is already in Canada, and have them start work quickly, and the worker can remain financially stable without a prolonged break in employment. Therefore, the objectives of this public policy is to allow temporary foreign workers already in Canada who are changing jobs or employers, and who have secured a job offer under the terms of either the Temporary Foreign Worker Program or International Mobility Program, to more quickly begin work in advance of a final decision on the work permit application. Therefore, I hereby establish that, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the Act and the Immigration and Refugee Protection Regulations (the Regulations) listed below to foreign nationals who meet the conditions (eligibility requirements) set out below. Accordingly, measures are set out below to enable foreign workers, in Canada with valid work authorization, who are required to obtain a new work permit before commencing a new job, to begin working in a new job while their work permit application is pending. Individuals expected to benefit from these measures include foreign nationals who: are on “maintained status” and are authorized to work while their work permit application is pending, but … bound to the conditions imposed on their expired work permit such that they cannot move to a new occupation or employer while on maintained status; continue to hold a valid work permit that limits them to working for a named employer, but need to transition to a different occupation or employer for reasons that may include having been laid-off; or are work-permit exempt, but require a work permit to work in a new occupation or for a new employer. Conditions (eligibility requirements): Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified below if the foreign national: is in Canada with valid temporary resident status; meets the requirements of paragraphs 199(a) or 199(b) of the Regulations; has submitted a work permit renewal application under subsection 201(1) of the Regulations to perform work described in subparagraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of those regulations, for which a decision has not yet been made; or a new work permit application to perform work described in paragraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of the Regulations, for which a decision has not yet been made; intends to work for a new employer and/or occupation as specified by the job offer included in their work permit application described in 3; has applied for the public policy exemption using the electronic means identified by the department for that purpose, or with an alternate format provided by the Department if the foreign national is unable to use electronic means; and has requested that the exemption be applicable until a decision is made on their work permit application. Provisions of the Regulations for which an exemption may be granted: Paragraph 183(1)(b) - the condition to not work unless authorized by Part 9 or 11 of the Regulations. Subparagraph 185(1)(b)(i) to (iv) - the obligation to comply with conditions imposed regarding the type of work, the employer and times and periods of work a temporary resident is permitted to engage in, or prohibited from engaging in, in Canada. Section 196 - the requirement to be authorized to work in Canada by a work permit or the Regulations. The exemptions granted will apply until a decision is made on the work permit application referred to in condition 3 of this public policy, or until that work permit application is withdrawn. Other Admissibility and Selection Criteria Foreign nationals eligible under this public policy are subject to all other applicable eligibility and admissibility requirements not exempted under this, or another, public policy. Effective date and expiration This public policy revokes and replaces Temporary public policy to exempt foreign nationals in Canada from certain requirements when changing employment during the coronavirus (COVID-19) pandemic signed on May 6, 2020 . This public policy takes effect 12 weeks after it is signed. This public policy is in effect until it is revoked by the Minister of Immigratio","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-00e55b8810a8534147ee","countryCode":"CA","country":"Canada","title":"Emergency Public Policy for Foreign Wildfire Responders","policyEffect":"A temporary public policy waives application fees and biometric service fees for foreign emergency services personnel and firefighters selected by designated agencies to support the 2025 wildfire season.","operativeDate":"2025-06-11","year":2025,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Skilled work, other","policyTool":"Fees","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/emergency-services-2025.html","preciseCitation":"Canada.ca. Emergency Public Policy for Foreign Wildfire Responders. Effective 2025-06-11.","evidencePassage":"services personnel, including firefighters, in Canada’s response to wildfires, this public policy will waive certain application fees to facilitate their arrival. I hereby establish that, pursuant to my authority under section 25.2 of *the Immigration and Refugee Protection Act *(The Act), there are public policy considerations that justify the granting of exemptions from the provisions of the *Immigration and Refugee Protection Regulations* (the Regulations) listed below to foreign nationals who meet the conditions (eligibility criteria) set out below. ## Conditions (eligibility requirements): … and November 30, 2025. ### Provisions of the Regulations for which an exemption may be granted - Subsection 296(1) – the requirements to pay an application processing fee for a Temporary Resident Visa; and - Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information. ## Other Admissibility and Selection Criteria Foreign nationals eligible under this public policy are subject to all other legislative admissibility and selection requirements not exempted under this, or another public policy. ## Concepts and Definitions applicable to this Public Policy For the purpose of this public policy, a wildfire is defined as an event that is documented in the Canadian Interagency Forest Fire Centre’s list of forest fires (https://ciffc.net/national). ## Effective Date and Expiration This public policy comes into effect on June 11, 2025 and applies to applications received on or after the date it comes into effect. This public policy expires on November 30, 2025. It may be revoked at any time without prior notice. The Hon. Lena Metlege Diab, ECNS, KC, P.C., M.P. Minister of Immigration, Refugees and Citizenship Dated at Ottawa,","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-8d4e6a297de5ff29f3f3","countryCode":"CA","country":"Canada","title":"Extension and Intake Caps for the Economic Mobility Pathways Pilot (EMPP)","policyEffect":"Canada extended the federal stream of the Economic Mobility Pathways Pilot (EMPP) through December 31, 2025, and introduced a strict annual intake cap of 950 applications for Stream A (Job Offer Stream).","operativeDate":"2025-06-13","year":2025,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/empp-pr-visas-extend.html","preciseCitation":"canada.ca. Extension and Intake Caps for the Economic Mobility Pathways Pilot (EMPP). Effective 2025-06-13.","evidencePassage":"and End dates: This public policy takes effect on June 13, 2025 and expires on December 31, 2025. This public policy may be revoked at any time. An intake cap is added to Stream A: - A maximum of 950 complete applications from principal applicants will be accepted for processing annually. Applications received in excess of the cap will be returned. Application caps will reset on an annual basis on January 1. Applications accepted into processing under the Public policy to facilitate issuance of permanent resident visas under the federal Economic Mobility Pathways Pilot signed on May 1, 2023 count","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5ff5eca645203af7416d","countryCode":"CA","country":"Canada","title":"Pre-Removal Risk Assessment (PRRA) Update for the Democratic Republic of Congo","policyEffect":"IRCC waived the standard 12-month waiting period for DRC nationals who received a negative asylum decision between July 5, 2024, and July 4, 2025, to apply for a PRRA due to humanitarian conditions.","operativeDate":"2025-07-04","year":2025,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/changes-pre-removal-risk-assessment-democratic-republic-congo.html","preciseCitation":"Canada.ca. Pre-Removal Risk Assessment (PRRA) Update for the Democratic Republic of Congo. Effective 2025-07-04.","evidencePassage":"the pre-removal risk assessment for the Democratic Republic of Congo **Ottawa, July 4, 2025**—Immigration, Refugees and Citizenship Canada (IRCC) is deeply concerned about the current situation in the [Democratic Republic of Congo (DRC)](https://travel.gc.ca/destinations/congo-kinshasa). Since January of this year, conditions in the country have worsened, with grave human rights abuses, including the execution of children, forced recruitment of minors, systematic sexual violence against women and girls, and the persecution of ethnic groups. DRC nationals who received a negative final decision … on their asylum (refugee) claim from the Immigration and Refugee Board of Canada or the Federal Court between July 5, 2024, and July 4, 2025, may now be eligible to apply for a [pre-removal risk assessment (PRRA)](https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/protection/refusal-options/pre-removal-risk-assessment.html). If someone’s PRRA was refused by IRCC during that time, they may also now be eligible to apply again. The Canada Border Services Agency will advise eligible people from the DRC that they can apply for a PRRA if they are currently subject to an [enforceable removal order](https://www.cbsa-asfc.gc.ca/security-securite/rem-ren-eng.html). The PRRA process prevents people from being sent back to a country where they face risks like persecution, torture or other harm. In normal circumstances, people must wait 12 months after a negative decision on their asylum claim before they can apply for a PRRA. However, IRCC can waive this waiting period if there is a sudden and significant change in conditions in a claimant’s country of origin. People are responsible for keeping their PRRA application up to date and informing IRCC of any changes to their","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5fdff38807b4780b1db1","countryCode":"CA","country":"Canada","title":"Reinstatement of PGWP Eligibility for 178 Educational Programs","policyEffect":"IRCC reversed a June 25, 2025, decision to remove 178 educational programs from Post-Graduation Work Permit (PGWP) eligibility, restoring the previous list until early 2026.","operativeDate":"2025-07-04","year":2025,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: IRCC reversed a June 25, 2025, decision to remove 178 educational programs from Post-Graduation Work Permit (PGWP) eligibility, restoring the previous list until early 2026.","policyCategory":"Graduate, student","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/update-requirement-post-graduation-work-permits.html","preciseCitation":"canada.ca. Reinstatement of PGWP Eligibility for 178 Educational Programs. Effective 2025-07-04.","evidencePassage":".ca/en.html) 2. [Immigration, Refugees and Citizenship Canada](https://www.canada.ca/en/immigration-refugees-citizenship.html) 3. [Newsroom](https://www.canada.ca/en/immigration-refugees-citizenship/news.html) 4. [Notices](https://www.canada.ca/en/immigration-refugees-citizenship/news/notices.html) # Update on field of study requirement for post-graduation work permits ## We updated eligible CIP codes on July 4, 2025. On July 4, 2025 we updated the list of eligible CIP codes to add back fields of study that were removed on June 25, 2025. Those fields of study that were removed on June 25, 2025, will stay eligible until the list is next updated. If you submitted your study permit application in one of them between June 25 and July 4, you’ll still meet the field of study requirement when you graduate. Eligible fields of study are linked to certain jobs in long-term shortage in Canada and can change based on the needs of the Canadian labour market. [Check below to see if your program’s CIP code meets the field of study requirement](https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/eligibility/field-of-study.html#check_cip_list). **Ottawa","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-2cb57f12be112a5cfb83","countryCode":"CA","country":"Canada","title":"Increase to Minimum Settlement Fund Requirements for Express Entry","policyEffect":"IRCC updated the minimum settlement funds required for permanent residence applicants under the Federal Skilled Worker and Federal Skilled Trades programs to $15,263 CAD for a single applicant.","operativeDate":"2025-07-28","year":2025,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: IRCC updated the minimum settlement funds required for permanent residence applicants under the Federal Skilled Worker and Federal Skilled Trades programs to $15,263 CAD for a single applicant.","policyCategory":"Residence, other","policyTool":"Eligibility","sourceName":"Immigration, Refugees and Citizenship Canada (IRCC) - Proof of Funds Requirement","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/proof-funds.html","preciseCitation":"Immigration, Refugees and Citizenship Canada (IRCC) - Proof of Funds Requirement. Increase to Minimum Settlement Fund Requirements for Express Entry. Effective 2025-07-28.","evidencePassage":"all applicants to provide a proof of funds document. If you don’t need to provide proof of funds, you must **upload a letter** explaining either that you have: - been invited to apply under the Canadian Experience Class, or - a valid job offer and authorization to work in Canada ## How much money you need The amount of money you need to support your family is based the size of your family. This table shows the **minimum amount** you need to immigrate to Canada. If you have more money, you should list the full amount in your profile or application. | Number of<br> family members | Funds you need<br> (CAD) Updated July 7, 2025 | | --- | --- | | 1 | $15,263 | | 2 | $19,001 | | 3 | $23,360 | | 4 | $28,362 | | 5 | $32,168 | | 6 | $36,280 | | 7 | $40,392 | | If more than 7 people, for each additional family member | $4,112 | How to calculate the size of your family To calculate the size of your family, include: - yourself - your spouse or common-law partner - your [dependent children](https://ircc.canada.ca/english/immigrate/sponsor/aod-tool.asp) and - your spouse or common-law partner’s dependent children You must include your spouse or common-law partner and dependent children, even if","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-2d2c68d958b149cd216b","countryCode":"CA","country":"Canada","title":"Reopening of the Federal Parents and Grandparents Program (PGP) 2025 Intake","policyEffect":"IRCC has officially reopened the Parents and Grandparents Program (PGP) for 2025, accepting up to 10,000 complete sponsorship applications. Invitations are restricted to individuals who submitted an 'interest to sponsor' form in 2020 and have not yet been invited.","operativeDate":"2025-07-28","year":2025,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: IRCC has officially reopened the Parents and Grandparents Program (PGP) for 2025, accepting up to 10,000 complete sponsorship applications.","policyCategory":"Family","policyTool":"New pathway","sourceName":"Immigration, Refugees and Citizenship Canada (IRCC)","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/parents-grandparents-program-intake-opens-late-july.html","preciseCitation":"Immigration, Refugees and Citizenship Canada (IRCC). Reopening of the Federal Parents and Grandparents Program (PGP) 2025 Intake. Effective 2025-07-28.","evidencePassage":"late July **Ottawa, July 16, 2025**— [As announced earlier in 2025](https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/update-2025-parents-grandparents-program.html), Immigration, Refugees and Citizenship Canada (IRCC) will accept up to 10,000 complete applications for sponsorship under the Parents and Grandparents Program this year. Starting on **July 28, 2025**, and over the course of approximately two weeks, IRCC will send invitations to apply to interested potential sponsors. **Anyone who submitted an interest to sponsor form in 2020 but has not yet received an invitation … to apply is encouraged to check the email account they provided in 2020. They should make sure to check their junk and spam folders.** Due to the number of forms remaining in the pool of interest to sponsor submissions from 2020, IRCC will send invitations to apply to potential sponsors from that pool instead of opening a new interest to sponsor form. Those invited to apply as part of the 2025 intake can submit their applications electronically through the [Permanent Residence Portal](https://prson-srpel.apps.cic.gc.ca/en/login) or the [Representative Permanent Residence Portal](https://prson","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-307db126f5cc3e06c616","countryCode":"CA","country":"Canada","title":"Permanent Medical Examination Exemption for In-Canada Protected Persons (SOR/2025-223)","policyEffect":"Amends section 30 of the IRPR to formally exempt in-Canada protected persons and their accompanying family members applying for permanent residence from undergoing a second immigration medical examination, provided they previously completed a medical examination showing no public health/safety risk.","operativeDate":"2025-10-30","year":2025,"affectedGroup":"Protected persons and accompanying family members","materialConditionsAndExceptions":"Validated condition or limit: Amends section 30 of the IRPR to formally exempt in-Canada protected persons and their accompanying family members applying for permanent residence from undergoing a second immigration medical examination, provided they previously completed a medical examination showing no public health/safety risk.","policyCategory":"Asylum / protected persons","policyTool":"Regulation","sourceName":"Government of Canada / Canada Gazette Directorate","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2025/2025-11-19/html/sor-dors223-eng.html","preciseCitation":"SOR/2025-223; P.C. 2025-747, Canada Gazette Part II, Vol. 159, No. 24","evidencePassage":"Protected Persons in Canada from Medical Examinations when Applying for Permanent Residence) under subsection 5(1) and section 17 of the Immigration and Refugee Protection Act footnote b. Regulations Amending the Immigration and Refugee Protection Regulations (Exempting Protected Persons in Canada from Medical Examinations when Applying for Permanent Residence) Amendment 1 Subsection 30(1) of the Immigration and Refugee Protection Regulations footnote 1 is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f): (g) foreign nationals who are applying to remain in Canada as a permanent resident and on whom refugee protection has been conferred under paragraph 95(1)(b) or (c) of the Act, as well as their accompanying family members in Canada, if both of the following conditions apply: (i) they have previously undergone a medical examination that indicates their health condition is not likely to be a danger to public health or public safety or have complied with the medical surveillance conditions imposed under section 32, if any, (ii) they have not resided or stayed for a period of six consecutive months since their most recent medical examination in an area that the Minister determines, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada. Coming into Force 2 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Protected persons in Canada are considered a vulnerable population given that they have left their home country and have sought protection in Canada because they cannot return home safely. The vulnerability … Implementation, compliance and enforcement, and service standards Implementation The Amendments come into force upon registration. Since the Temporary Public Policy was implemented on September 10, 2020, the policy changes relating to the exemption of subsequent immigration medical examinations for eligible protected persons in Canada and their accompanying family members in Canada are already in effect and are being followed. The Temporary Public Policy ceases to have effect when the Amendments come into force. Program delivery instructions for migration offices are already available internally and","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp-0c769762978992d4b991","countryCode":"CA","country":"Canada","title":"Updated FIFA 2026 Work Permit Exemptions","policyEffect":"Revised temporary public policy exempting select FIFA-invited foreign nationals from work permit requirements for work performed during the 2026 FIFA Congress and World Cup.","operativeDate":"2025-11-14","year":2025,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Skilled work","policyTool":"Eligibility","sourceName":"IRCC","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/fifa-invited-workers-work-permit-exemption-2025.html","preciseCitation":"IRCC. Updated FIFA 2026 Work Permit Exemptions. Effective 2025-12-01.","evidencePassage":"forming work, as defined in section 2 of the Regulations, for a period of time between the dates of December 1, 2025, and July 31, 2026, that is directly related to, and critically supports, an official FIFA-organized event. The exemption granted will apply until July 31, 2026, or upon the revocation of this public policy, whichever comes first. ### Provisions of the Regulations for which an exemption may be granted - Paragraph 183(1)(b) - the condition to not work unless authorized by Part 9 or 11 of the Regulations. - Section 196 - the requirement to be authorized to work in Canada by a work … cessful delivery of a major international event. Therefore, I hereby establish that there are sufficient public policy considerations that justify granting, in accordance with section 25.2 of the *Immigration and Refugee Protection Act*, exemptions from the requirements of the *Immigration and Refugee Protection Regulations* (Regulations) listed below to foreign nationals who meet the conditions set out below. ## Conditions (eligibility requirements): Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified below to a … foreign national seeking to enter Canada if: The foreign national 1. Has applied for a temporary resident visa and has requested to enter and depart Canada between December 1, 2025, and July 31, 2026, or is seeking to enter and depart Canada between December 1, 2025, and July 31, 2026; 2. Holds a letter of invitation from FIFA that states: 1. the foreign national 1. is an employee of FIFA or one of its affiliates; 2. holds a contract for goods and services with FIFA or one of its affiliates, or 3. has been sub-contracted by an entity referred to in (ii); and 2. the foreign national will be per … permit or the Regulations. ## Other Admissibility and Selection Criteria: Foreign nationals eligible under this public policy are subject to all other legislative eligibility and admissibility requirements not exempted under this, or another, public policy. ## Effective Date and Expiration: This public policy revokes and replaces the “*Temporary public policy to exempt select FIFA-invited foreign nationals from work authorization requirements*” signed on October 27, 2025. All exemptions granted under that public policy will continue to apply until July 31, 2026; or upon the revocation of this … public policy, whichever comes first. This public policy comes into effect on the date it is signed and applies to applications received on or after this date. This public policy will expire on July 31, 2026, and may be revoked at any time, without prior notice. The Honourable Lena Metlege Diab, P.C., M.P. Minister of Immigration, Refugees and Citizenship Dated at Ottawa, this 14th day of November, 2025 ## Page details 2026-08-04 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canad","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-db58b04874f7b6074bd0","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (Visa Exemption for Qatar) (SOR/2025-234)","policyEffect":"Amends Schedule 1.1 of the Immigration and Refugee Protection Regulations to add Qatar to the list of visa-exempt countries, allowing citizens of Qatar to travel to Canada by air using an Electronic Travel Authorization (eTA) instead of requiring a Temporary Resident Visa (TRV).","operativeDate":"2025-11-25","year":2025,"affectedGroup":"Short-term visitors and business travelers","materialConditionsAndExceptions":"Validated condition or limit: Amends Schedule 1.1 of the Immigration and Refugee Protection Regulations to add Qatar to the list of visa-exempt countries, allowing citizens of Qatar to travel to Canada by air using an Electronic Travel Authorization (eTA) instead of requiring a Temporary Resident Visa (TRV).","policyCategory":"Admission and visas","policyTool":"Visa exemption / electronic travel authorization","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2025/2025-12-03/html/sor-dors234-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 159, Number 25, SOR/2025-234, November 21, 2025; Canada Gazette, Part II, Volume 159, Number 25, SOR/2025-234.; SOR/2025-234; P.C. 2025-820, Canada Gazette Part II, Vol. 159, No. 25","evidencePassage":"14(2)footnote a, and 26(1)footnote b of the Immigration and Refugee Protection Act footnote c. Regulations Amending the Immigration and Refugee Protection Regulations Amendment 1 Schedule 1.1 to the Immigration and Refugee Protection Regulations footnote 1 is amended by adding the following in alphabetical order: Qatar Coming into Force 2 These Regulations come into force at 05:30:00 Eastern Standard Time on November 25, 2025, but if they are registered after that time, they come into force at 05:30:00 Eastern Standard Time on the day after the day on which they are registered. REGULATORY IMPACT … expires, whichever occurs first. An eTA allows the holder multiple entries to or through Canada, by air only, for short stays, generally of up to six months. Visa-exempt foreign nationals do not require any other authorization to enter Canada in land, rail or marine modes. Immigration, Refugees and Citizenship Canada (IRCC) has assessed that citizens of Qatar meet the comprehensive criteria in Canada’s visa policy review process for an exemption to the requirement of obtaining a TRV before travelling to Canada. These criteria include socio-economic conditions, migration trends, travel document integrity … for a visa exemption. Objective The objective of the Regulations Amending the Immigration and Refugee Protection Regulations (the Amendments) is to facilitate the travel of citizens of Qatar to Canada on an eTA in air mode. Description The Amendments add Qatar to the list of countries and territories whose citizens are exempt from the TRV requirement and eligible to apply for an eTA for travel to Canada in air mode only under subsection 190(1) of the Regulations. No prescreening will be required for travel by land, rail or marine modes. Regulatory development Consultation The consultations related … traveller population. Implementation, compliance and enforcement, and service standards Implementation The Amendments come into force on November 25, 2025, at 5:30 a.m. Eastern Standard Time (EST). At that time, citizens of Qatar will no longer need a visa to travel to Canada and will be able to apply for an eTA for travel by air. Citizens of Qatar holding a valid visitor visa may continue to travel to Canada without an eTA until the visa’s expiry. However, they must still obtain a permit to work or study in Canada. IRCC Communications will leverage its social media channels to share messaging on the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-11e988ad63962a82e26f","countryCode":"CA","country":"Canada","title":"Expiry of 2025 Wildfire Emergency Measures","policyEffect":"Fee-exempt immigration, passport, and citizenship support measures for those impacted by the 2025 Canadian wildfires ended on November 30, 2025.","operativeDate":"2025-12-01","year":2025,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Fee-exempt immigration, passport, and citizenship support measures for those impacted by the 2025 Canadian wildfires ended on November 30, 2025.","policyCategory":"Residence, student, skilled work, other","policyTool":"Fees","sourceName":"IRCC","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/services/special-measures/emergencies-canada/wildfires-2025.html","preciseCitation":"IRCC. Expiry of 2025 Wildfire Emergency Measures. Effective 2025-12-01.","evidencePassage":"tab)](https://www.ircc.canada.ca/english/information/fees/refund.asp) You applied on or after July 2, 2025 If you’re directly affected by the wildfires, you don’t need to pay the processing fees to - replace a lost, damaged or destroyed document - extend or restore your temporary resident status - transition from an employer-specific work permit to an open work permit If you paid any of these fees, find out how to [ask for a refund (opens in a new tab)](https://www.ircc.canada.ca/english/information/fees/refund.asp) . ## Applications submitted on or after December 1, 2025 If you submit an application **on or after December 1, 2025**, you can no longer benefit from the special measures. - You will need to pay the processing fees when you submit your application. - If no fees are included with your application, it will be returned to you. ## Page details 2026-03-31 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html) - [Check your application status](https://www.canada.ca/en/immigration-refugees-citizenship","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-5de52a045b5d8e10417e","countryCode":"CA","country":"Canada","title":"Certain Fees in Respect of the Issuance of Identity and Travel Documents (2025 Canada Wildfires) Remission Order","policyEffect":"Grants remission of fees paid or payable for the replacement of identity and travel documents—including passports, certificates of citizenship, permanent resident cards, certificates of identity, and refugee travel documents—for any person who was in or had their residence in an area in Canada affected by a wildfire at some time between April 1, 2025, and November 30, 2025, on condition that the valid document was lost, damaged, destroyed, or rendered inaccessible as a result of the wildfire, an application to replace it was made during that period, the application included a required declaration regarding the loss and proof of residence or presence in the affected area, and the fees have not otherwise been remitted.","operativeDate":"2025-12-05","year":2025,"affectedGroup":"Any person who was in, or had their residence in, an area in canada affected by a wildfire between april 1, 2025, and november 30, 2025, and whose document was lost, damaged, destroyed, or rendered inaccessible as a result of the wildfire.","materialConditionsAndExceptions":"Validated condition or limit: Grants remission of fees paid or payable for the replacement of identity and travel documents—including passports, certificates of citizenship, permanent resident cards, certificates of identity, and refugee travel documents—for any person who was in or had their residence in an area in Canada affected by a wildfire at some time between April 1, 2025, and November 30, 2025, on condition that the valid document was lost, damaged, destroyed, or rendered inaccessible as a result of the wildfire, an application to replace it was made during that period, the application included a required declaration regarding the loss and proof of residence or presence in the affected area, and the fees have not otherwise been remitted.","policyCategory":"Documentation / residence / citizenship","policyTool":"Fee waiver / remission","sourceName":"Canada Gazette / Justice Laws","sourceUrl":"https://laws.justice.gc.ca/eng/regulations/SI-2025-116/FullText.html","preciseCitation":"Canada Gazette, Part II, Volume 159, Number 26, Registration SI/2025-116, P.C. 2025-898 (December 5, 2025)","evidencePassage":"Remission is granted to any person who meets the conditions set out in section 3 of the fees paid or payable set out in any of the following provisions, in respect of the replacement of a document … at some time during the period beginning on April 1, 2025 and ending on November 30, 2025, the person was in, or had their residence in, an area in Canada affected by a wildfire; (b) the document was — while it was valid — lost, damaged, destroyed or rendered inaccessible as a result of the wildfire; (c) during that period, the person, or a person acting on their behalf, made an application to replace the document; (d) the application included a declaration made by the person, or a person acting on their behalf, stating that the the document was lost, damaged, destroyed or rendered inaccessible as a result of the wildfire and (i) proof that, at the time that the document was lost, damaged, destroyed or rendered inaccessible, the person had their residence in an area referred to in paragraph (a), or (ii) a declaration made by the person, or a person acting on their behalf, stating that, at that time, the person was in that area; and (e) the fees in question have not been remitted under section 11 of the Passport and Other Travel Document Services Fees Regulations.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-94d8c908528531765444","countryCode":"CA","country":"Canada","title":"Certain Fees Under the Immigration and Refugee Protection Regulations Remission Order (SI/2025-126)","policyEffect":"Remits the excess from the adjustment, by operation of section 17 of the Service Fees Act, of any fees payable under subsections 298(1) and 306(1) and sections 309 and 310 of the Immigration and Refugee Protection Regulations during the period beginning on December 1, 2019 and ending on November 30, 2023.","operativeDate":"2025-12-05","year":2025,"affectedGroup":"Any persons who paid or owe fees payable under subsections 298(1) and 306(1) and sections 309 and 310 of the immigration and refugee protection regulations during the period beginning on december 1, 2019 and ending on november 30, 2023","materialConditionsAndExceptions":"","policyCategory":"Admission / inadmissibility / temporary & permanent status","policyTool":"Remission order / fee waiver","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2025/2025-12-17/html/si-tr126-eng.html","preciseCitation":"","evidencePassage":"remits the excess from the adjustment, by operation of section 17footnote c of the Service Fees Actfootnote d, of any fees payable under subsections 298(1) and 306(1) and sections 309 and 310 of the Immigration and Refugee Protection Regulationsfootnote e during the period beginning on December 1, 2019 and ending on November 30, 2023.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-059725260a9e33f1e612","countryCode":"CA","country":"Canada","title":"Fee Paid or Payable for the Acquisition of Permanent Resident Status (Certain Colombian, Haitian and Venezuelan Nationals) Remission Order","policyEffect":"Remission of the right of permanent residence fee paid or payable under subsection 303(1) of the Immigration and Refugee Protection Regulations to certain Colombian, Haitian, and Venezuelan nationals whose applications for permanent residency were approved under specific family-reunification public policies.","operativeDate":"2025-12-05","year":2025,"affectedGroup":"Certain colombian, haitian and venezuelan nationals whose applications for permanent residency were approved under the temporary public policy signed on december 4, 2023, or a subsequent public policy signed on september 20, 2024.","materialConditionsAndExceptions":"Validated condition or limit: Remission of the right of permanent residence fee paid or payable under subsection 303(1) of the Immigration and Refugee Protection Regulations to certain Colombian, Haitian, and Venezuelan nationals whose applications for permanent residency were approved under specific family-reunification public policies.","policyCategory":"Residence, family","policyTool":"Fees","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2025/2025-12-17/html/si-tr123-eng.html","preciseCitation":"","evidencePassage":"remits the fee paid or payable for the acquisition of permanent resident status under subsection 303(1)footnote c of the Immigration and Refugee Protection Regulationsfootnote d to certain Colombian, Haitian and Venezuelan nationals whose applications for permanent residency were approved under (a) the Temporary public policy to facilitate the issuance of permanent resident visas to certain Colombian, Haitian and Venezuelan nationals with family in Canada signed by the Minister of Citizenship and Immigration on December 4, 2023; or (b) a subsequent public policy issued under section 25.2footnote e of the Immigration and Refugee Protection Actfootnote f and signed by the Minister of Citizenship and Immigration on September 20, 2024.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-31c6076b38cbfc0dcf04","countryCode":"CA","country":"Canada","title":"Fee Payable for the Right to be a Citizen Remission Order (SI/2025-125)","policyEffect":"Remits the excess from the adjustment, by operation of section 17 of the Service Fees Act, of the fee payable under section 32 of the Citizenship Regulations during the period beginning on March 31, 2020 and ending on March 30, 2025.","operativeDate":"2025-12-05","year":2025,"affectedGroup":"Citizenship applicants subject to the fee payable under section 32 of the citizenship regulations","materialConditionsAndExceptions":"Validated condition or limit: Remits the excess from the adjustment, by operation of section 17 of the Service Fees Act, of the fee payable under section 32 of the Citizenship Regulations during the period beginning on March 31, 2020 and ending on March 30, 2025.","policyCategory":"Citizenship","policyTool":"Fee waiver / remission","sourceName":"Canada Gazette / Justice Laws","sourceUrl":"https://laws-lois.justice.gc.ca/eng/regulations/SI-2025-125/page-1.html","preciseCitation":"Canada Gazette, Part II, Volume 159, Number 26, Registration SI/2025-125, P.C. 2025-907 (December 5, 2025)","evidencePassage":"remits the excess from the adjustment, by operation of section 17Footnote c of the Service Fees ActFootnote d, of the fee payable under section 32Footnote e of the Citizenship RegulationsFootnote f during the period beginning on March 31, 2020 and ending on March 30, 2025.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-d5eada64688ebe178b70","countryCode":"CA","country":"Canada","title":"An Act to amend the Citizenship Act (Bill C-3)","policyEffect":"Repeals the first-generation limit on Canadian citizenship by descent, retroactively restoring Canadian citizenship to persons born abroad before December 15, 2025 to a Canadian citizen parent across multiple generations, and introduces a substantial connection requirement (1,095 days of physical presence in Canada) for Canadian parents born abroad to pass citizenship to children born on or after December 15, 2025.","operativeDate":"2025-12-15","year":2025,"affectedGroup":"Foreign-born descendants of canadian citizens","materialConditionsAndExceptions":"Validated condition or limit: Repeals the first-generation limit on Canadian citizenship by descent, retroactively restoring Canadian citizenship to persons born abroad before December 15, 2025 to a Canadian citizen parent across multiple generations, and introduces a substantial connection requirement (1,095 days of physical presence in Canada) for Canadian parents born abroad to pass citizenship to children born on or after December 15, 2025.","policyCategory":"Citizenship and nationality","policyTool":"Citizenship by descent / legislative amendment","sourceName":"Parliament of Canada / Canada Gazette","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/news/2025/12/bill-c-3-an-act-to-amend-the-citizenship-act-2025-comes-into-effect.html","preciseCitation":"Statutes of Canada, Bill C-3 (An Act to amend the Citizenship Act), SI/2025-129, Royal Assent November 20, 2025","evidencePassage":"citizenship](https://www.canada.ca/en/services/immigration-citizenship.html) 3. [Canadian citizenship](https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship.html) 4. [Changes to citizenship rules and requirements](https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/act-changes.html) # Change to citizenship rules in 2025 On December 15, 2025, the Government of Canada passed [Bill C-3, An Act to amend the Citizenship Act](https://www.parl.ca/legisinfo/en/bill/45-1/c-3). This legislation changes the first-generation limit to citizenship by descent. On this page, we explain what this change means, how to check if you’re affected, and what you need to do **before travelling** to Canada. This change officially took effect on **December 15, 2025**. ## On this page - [What the change means](#what) - [If you applied under the interim measure](#interim) - [How to prove your Canadian citizenship](#prove) - [Before travelling to Canada](#before) ## What the change means Before Bill C-3, Canadian citizenship by descent was limited to the first generation born outside Canada. This rule was called the first-generation limit to citizenship … a citizen through naturalization). - **First generation:** Born outside Canada to a Canadian citizen who was born in Canada or granted citizenship (naturalized). This person is Canadian by descent. - **Second generation or later:** Also born outside Canada to a first-generation person. This person is now Canadian in some situations. This is also how we count generations for people who are adopted and apply for a direct grant of citizenship. ### If you were born or adopted on or after December 15, 2025 People born outside Canada in the second generation (or later) may be Canadian if - their parent was also born or adopted outside Canada to a Canadian citizen (meaning the grandparent was Canadian), **and** - that same parent spent at least 1,095 days in Canada before the birth Adopted people are likely eligible to apply for Canadian citizenship through a direct grant for adopted people if - they were born and adopted outside Canada in the second generation or later, **and** - their Canadian parent spent at least 1,095 days in Canada before the adoption ### If you were born or adopted before December 15, 2025 Citizenship may have been restored or given to people who were born outside … Canada in the second generation or later before December 15, 2025. This means that in most cases you’re **automatically a Canadian citizen** if you were born - before December 15, 2025 - outside Canada to a Canadian parent This rule also applies to you if you were born to someone who became Canadian because of these rule changes. If this change made you a Canadian automatically, **but** you don’t want to be one, you can [apply to give up (renounce) your Canadian citizenship](https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/renounce-canadian-citizenship.html … You may also want a certificate as **proof of your citizenship** if you became a citizen automatically. When you apply, we’ll review your application to check if you’re a Canadian citizen. If you are, we’ll give you a citizenship certificate (proof of your Canadian citizenship). This proof will help you apply for a Canadian passport and avoid delays at the border if [you plan to enter Canada](https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/act-changes/rules-2025.html#before). [Apply for a citizenship certificate.](https://www.canada.ca/en/immigration-refugees","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-fa658b14915c5557439f","countryCode":"CA","country":"Canada","title":"Removals Cost Historical Adjustment Remission Order (SI/2025-130)","policyEffect":"Remits statutory debts totaling $210,225.73 owed to the Crown by foreign nationals removed from Canada between April 1, 2019, and October 31, 2024, arising from the Canada Border Services Agency's failure to apply annual Consumer Price Index adjustments to section 243 removal recovery fees prior to re-entering Canada. Phase scope: Full operative effect upon registration.","operativeDate":"2025-12-18","year":2025,"affectedGroup":"Foreign nationals previously removed from canada at crown expense seeking return","materialConditionsAndExceptions":"","policyCategory":"Removal and return / enforcement","policyTool":"Remission order / cost recovery waiver","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2025/2025-12-31/html/si-tr130-eng.html","preciseCitation":"SI/2025-130, Canada Gazette Part II, Vol. 159, No. 27","evidencePassage":"2019 to October 31, 2024) Remission Order P.C. 2025-977 December 18, 2025 Her Excellency the Governor General in Council, considering that the collection of the amounts is unreasonable, on the recommendation of the Treasury Board and the Minister of Public Safety and Emergency Preparedness, under subsection 23(2.1)footnote a of the Financial Administration Actfootnote b, remits the amounts of the annual adjustments — made under subsection 17(1) of the Service Fees Actfootnote c — to the costs paid or payable under section 243footnote d of the Immigration and Refugee Protection Regulationsfootnote e, as it read before April 1, 2025, for the period beginning on April 1, 2019 and ending on October 31, 2024. EXPLANATORY NOTE (This note is not part of the Order.) Proposal The Governor in Council, considering that collection of the debt is unreasonable, on the recommendation of the Treasury Board and the Minister of Public Safety and Emergency Preparedness, makes the Adjustment of Certain Costs Paid or Payable Under the Immigration and Refugee Protection Regulations (April 1, 2019 to October 31, 2024) Remission Order [the Remission Order] pursuant to subsection 23(2.1) of the Financial Administration Act. Objective The objective of the Remission Order is to remit outstanding debts that resulted from the non-collection of inflation-based adjustments to certain fees charged by the Canada Border Services Agency between April 1, 2019, and October 31, 2024. Background The Canada Border Services Agency (the Agency) is responsible for providing integrated border services that support national security and public safety priorities and facilitate the free flow of persons and goods. The majority of activities and services provided by the Canada Border Services Agency, such as processing … travellers and examining goods entering Canada during regular business hours, are publicly funded. Other activities and services are managed on a cost-recovery basis and are subject to fees which may be set by agreement or by regulation. The rates charged by the Agency for regulatory fees are based on a number of fee-setting regulations, including the Immigration and Refugee Protection Regulations, which detail the framework of fees (section 243) for the recovery of costs incurred by the Government of Canada as a result of the removal of foreign nationals deemed inadmissible to Canada under the … recovery of removal costs fees under the Immigration and Refugee Protection Regulations for which the mandatory fee adjustments were not collected between April 1, 2019, and March 31, 2020 Fee name Transaction volume (A) Fee amount charged (B) Adjusted fee amount (C) Total foregone revenue ((C-B) x A) Recovery of removal costs payable by a foreign national previously removed from Canada at Her Majesty’s expense and for which the removal costs were not recovered from a transporter — for persons removed to the United States or St. Pierre and Miquelon 52 $750 $766.50 $858.00 Recovery of removal costs payable by a foreign national previously removed from Canada at Her Majesty’s expense and for which the removal costs were not recovered from a transporter — for persons removed to any country other than the United States or St. Pierre and Miquelon 290 $1,500 $1,533.00 $9,570.00 Total for fiscal year 2019–2020 N/A N/A N/A $10,428.00 Table 2: Summary of the recovery of removal costs fees under the Immigration and Refugee Protection Regulations for which the mandatory fee adjustments were not collected between April 1, 2020, and March 31, 2021 Fee name Transaction volume (A) Fee amount charged","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-1372e1b6d8985bbe7af9","countryCode":"CA","country":"Canada","title":"Pre-Removal Risk Assessment (PRRA) 12-Month Bar Exemption for Iranian Nationals","policyEffect":"Exempts nationals of Iran from the statutory 12-month waiting bar to apply for a Pre-Removal Risk Assessment (PRRA) or secondary PRRA if they received a final negative asylum decision from the IRB, Federal Court, or a previous PRRA refusal between December 20, 2024, and December 19, 2025. Phase scope: Applies to negative asylum and PRRA decisions rendered between December 20, 2024, and December 19, 2025.","operativeDate":"2025-12-19","year":2025,"affectedGroup":"Rejected asylum seekers and individuals facing removal","materialConditionsAndExceptions":"","policyCategory":"Asylum / removal protection","policyTool":"Statutory bar waiver / administrative guideline","sourceName":"Immigration, Refugees and Citizenship Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/news/notices/changes-pre-removal-risk-assessment-iran.html","preciseCitation":"Immigration, Refugees and Citizenship Canada (IRCC), Notice, 'Changes to the pre-removal risk assessment for Iran', December 19, 2025.","evidencePassage":"Citizenship Canada (IRCC) closely monitors country conditions from a protection perspective and has noted the [current situation in Iran](https://travel.gc.ca/destinations/iran). After hostilities between Israel and Iran escalated in June 2025, human rights conditions have deteriorated. As a result, some Iranian nationals could face risk if they are required to return to their country. Iranian nationals who received a negative final decision on their asylum (refugee) claim from the Immigration and Refugee Board of Canada or the Federal Court between December 20, 2024, and December 19, 2025, may now be eligible to apply for a [pre-removal risk assessment (PRRA)](https://canada.ca/en/immigration-refugees-citizenship/services/refugees/protection/refusal-options/pre-removal-risk-assessment.html), as IRCC has provided an exemption to the 12-month waiting period. If IRCC refused someone’s PRRA during that period, they may now be eligible to apply for a secondary PRRA. An accepted PRRA application prevents people from being removed back to a country where they have demonstrated they face risks like persecution, torture or other harm. In normal circumstances, people must wait 12 months after","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-824a66e239d7274f8599","countryCode":"CA","country":"Canada","title":"Start-Up Business Class intake set to zero","policyEffect":"Effective January 1, 2026, and until further notice, the number of new applications that will be accepted for processing in any calendar year for the Start-Up Business Class is set at zero in order to support the Department of Citizenship and Immigration in managing inventory pressures. Exceptions apply where complete applications are supported by a valid commitment certificate from a designated entity received by IRCC before 12:00 a.m. EST on January 1, 2026; applications supported by 10 other commitment certificates from that same designated entity were not accepted into processing during 2025 and 2026; and all applications associated with the commitment have been received by IRCC within six months following the date of commitment mentioned in the first valid version of the commitment certificate received by the Department, with the date of commitment not later than the date the certificate is submitted to IRCC.","operativeDate":"2026-01-01","year":2026,"affectedGroup":"Start-up business class applicants","materialConditionsAndExceptions":"Validated condition or limit: Effective January 1, 2026, and until further notice, the number of new applications that will be accepted for processing in any calendar year for the Start-Up Business Class is set at zero in order to support the Department of Citizenship and Immigration in managing inventory pressures.; Exceptions apply where complete applications are supported by a valid commitment certificate from a designated entity received by IRCC before 12:00 a.m.; and all applications associated with the commitment have been received by IRCC within six months following the date of commitment mentioned in the first valid version of the commitment certificate received by the Department, with the date of commitment not later than the date the certificate is submitted to IRCC.","policyCategory":"Economic migration / business","policyTool":"Quota / cap","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2025/2025-12-20/html/notice-avis-eng.html","preciseCitation":"Ministerial Instructions respecting the Start-Up Business Class, Canada Gazette, Part I, Vol. 159, No. 51.","evidencePassage":"Effective January 1, 2026, and until further notice, in order to support the Department of Citizenship and Immigration (hereafter the Department) in managing inventory pressures, the number of new applications that will be accepted for processing in any calendar year for the Start-Up Business Class is set at zero. … These Instructions take effect on January 1, 2026, and remain in effect until further notice.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-84aaa422ca7f13ddad4d","countryCode":"CA","country":"Canada","title":"Suspension of New Parents and Grandparents Permanent Resident Visa and Sponsorship Applications","policyEffect":"As of January 1, 2026, no new permanent resident visa applications made by parents or grandparents and no related sponsorship applications are received for processing until further instructions are issued, while applications received in 2025 continue to be processed up to a maximum of 10,000.","operativeDate":"2026-01-01","year":2026,"affectedGroup":"Parents or grandparents of a sponsor making permanent resident visa applications under the family class and sponsors making related sponsorship applications","materialConditionsAndExceptions":"Validated condition or limit: As of January 1, 2026, no new permanent resident visa applications made by parents or grandparents and no related sponsorship applications are received for processing until further instructions are issued, while applications received in 2025 continue to be processed up to a maximum of 10,000.","policyCategory":"Investor business, family","policyTool":"Eligibility","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2025/2025-12-27/html/notice-avis-eng.html","preciseCitation":"https://gazette.gc.ca/rp-pr/p1/2025/2025-12-27/html/notice-avis-eng.html; https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/other-goals/mi89.html","evidencePassage":"These Instructions are intended to ensure that as of January 1, 2026, no new permanent resident visa applications made by parents or grandparents of a sponsor and no sponsorship applications made in relation to those applications are received for processing until further Instructions are issued. The Department of Citizenship and Immigration (the Department) will continue accepting for processing permanent resident visa applications made by parents or grandparents of a sponsor and sponsorship applications made in relation to those applications that were received in 2025 pursuant to the conditions outlined below. … These Instructions take effect on January 1, 2026.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4ab7db4aa369a77ff8b6","countryCode":"CA","country":"Canada","title":"Zero Intake Cap on Private Sponsorship of Refugees (PSR) by Groups","policyEffect":"The Minister of Citizenship and Immigration issued Ministerial Instructions setting the intake cap for new Private Sponsorship of Refugees (PSR) applications submitted by 'Groups' to zero for the 2026 calendar year.","operativeDate":"2026-01-01","year":2026,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"New pathway","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2025/2025-11-22/html/notice-avis-eng.html","preciseCitation":"Canada Gazette. Zero Intake Cap on Private Sponsorship of Refugees (PSR) by Groups. Effective 2026-01-01.; Ministerial Instructions with respect to the processing of certain sponsorship applications under the Refugee Class, Canada Gazette, Part I, Vol. 159, No. 47.","evidencePassage":"Cabinet approved admission targets, without further growing inventories. Scope These Instructions apply to groups, as referred to in section 138 of the Regulations, who are applying under Part 8, Division 2, of the Regulations, and for which the sponsorship application was submitted on or after the coming-into-effect date listed in these Instructions. Applications made under a temporary public policy made under section 25.2 of the Act are excluded from these Instructions. Setting the number of new sponsorship applications to be accepted for processing in a calendar year The number of new sponsorship applications under Part 8 of Division 2 of the Regulations that will be accepted for processing in a calendar year, by groups, is set at zero. The year begins on January 1, 2026, and ends on December 31, 2026. Humanitarian and compassionate requests A request made under subsection 25(1) of the Act from outside Canada and that accompanies an application that was not accepted for processing under these Instructions will not be processed. Effective period These Instructions take effect on January 1, 2026, and expire on December 31, 2026. October 2, 2025 The Hon. Lena Metlege Diab, ECNS, KC","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b9fac0c4025e3462ac06","countryCode":"CA","country":"Canada","title":"Temporary Extension of Status for Ukrainian Family Reunification Applicants","policyEffect":"Ukrainian nationals with pending permanent residence applications under the family reunification pathway can apply for temporary extensions, new open work permits, or study permits within Canada while awaiting application processing.","operativeDate":"2026-01-16","year":2026,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: Ukrainian nationals with pending permanent residence applications under the family reunification pathway can apply for temporary extensions, new open work permits, or study permits within Canada while awaiting application processing.","policyCategory":"Family, residence, skilled work, student","policyTool":"New pathway","sourceName":"Canada.ca News","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/canada-extends-temporary-residence-ukrainian-family-reunification-pathway.html","preciseCitation":"Canada.ca News. Temporary Extension of Status for Ukrainian Family Reunification Applicants. Effective 2026-01-16.","evidencePassage":"with family members in Canada to help them stay together as their rebuild their lives. Today, new measures were announced to make it easier for Ukrainians who applied under the family reunification pathway and their family members to apply to extend their stay in Canada while waiting for a decision on their permanent residence application. Eligible Ukrainians will have until March 31, 2027, to apply from within Canada for - a new open work permit - an extension of an existing work permit - a new study permit - an extension or restoration of their temporary resident status This can be done even","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d3ace199591f6bb60006","countryCode":"CA","country":"Canada","title":"Temporary immigration measures extension for Iranian work permit holders in Canada","policyEffect":"Canada extended temporary immigration measures until March 31, 2027, allowing eligible Iranian work permit holders currently in Canada to extend their status and work permit, subject to specific criteria including having a valid work permit issued no later than February 28, 2025.","operativeDate":"2026-03-01","year":2026,"affectedGroup":"Iranian national work permit holders in canada with a valid passport whose valid work permit was issued no later than february 28, 2025","materialConditionsAndExceptions":"Validated condition or limit: Canada extended temporary immigration measures until March 31, 2027, allowing eligible Iranian work permit holders currently in Canada to extend their status and work permit, subject to specific criteria including having a valid work permit issued no later than February 28, 2025.","policyCategory":"Residence, student, skilled work","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/services/iran.html","preciseCitation":"","evidencePassage":"Temporary measures have been extended until March 31, 2027, for Iranian work permit holders in Canada only. Iranian nationals working in Canada may be eligible to extend their work permit. … You may **extend your status** if **all** of the following apply: - You’re an Iranian national with a valid passport. - You’re **in Canada** with a valid work permit when - you **apply for your work permit extension**, and - a **decision is made** on your application - Your valid work permit was issued no later than February 28, 2025. … You haven’t already been issued a work permit under the March 1, 2026, special measures to extend work permits. - If you were already issued a work permit extension, you can’t get a second one. - You meet the general eligibility and admissibility requirements for a work permit.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-781808a95f8969df008a","countryCode":"CA","country":"Canada","title":"Quebec Temporary Work Permit Measure for PSTQ Candidates","policyEffect":"IRCC implemented a temporary policy allowing skilled foreign workers who have applied for permanent selection under Quebec’s PSTQ program to obtain an employer-specific work permit under the International Mobility Program while awaiting provincial selection.","operativeDate":"2026-03-13","year":2026,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"","policyCategory":"Skilled work","policyTool":"New pathway","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/work-permits-quebec-pr.html","preciseCitation":"canada.ca. Quebec Temporary Work Permit Measure for PSTQ Candidates. Effective 2026-03-13.","evidencePassage":"residency under its provincial programs, Immigration, Refugees and Citizenship Canada (IRCC) is proposing to facilitate access to short-term employer-specific work permits under the International Mobility Program (IMP) for select temporary foreign workers via a time-limited public policy. This measure is expected to help Quebec stabilize its workforce and address labour shortages as necessary, in addition to ensuring that eligible workers remain employed while the province is assessing their eligibility for a Certificat de sélection du Québec, to support their transition for permanent residency. These … the end of 2027. ## Public Policy Considerations This public policy, pursuant to section 25.2 of the Act, will facilitate access to employer-specific work permits under the IMP for eligible temporary foreign workers in Quebec who have been invited to apply for permanent residence in that province and have submitted a Demande de sélection permanente (DSP) to the province under the Programme de sélection des travailleurs qualifiés (PSTQ). I hereby establish that there are sufficient public policy considerations that justify the granting, in accordance with section 25.2 of the Act, exemptions from … the requirements of the *Immigration and Refugee Protection Regulations* (the Regulations) listed below to foreign nationals who meet the conditions set out below. ## Conditions (eligibility requirements): Based on public policy considerations, delegated officers may grant to a foreign national an exemption from the requirements of the Regulations identified below if the foreign national meets the following conditions: 1\\. The foreign national 1. holds a valid employer-specific work permit 1. issued pursuant to subparagraphs 200(1)(c)(iii) or 200(1)(c)(ii.1) of the Regulations; 2. for work located in the province of Quebec; and 3. that will expire on or before December 31, 2026; 2. has submitted, prior to the expiry of the work permit referred to in (a), a work permit application under subparagraph 200(1)(c)(ii.1) of the Regulations with an offer of employment to work in the province of Quebec for the same employer that is listed on the work permit referred to (a); 3. has submitted their work permit application referred to in (b) using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose if the foreign national is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means; and 4. has provided, with the application referred to in (b), confirmation that they have been invited to apply under the Programme de selection des travailleurs qualifies (PSTQ) by the province of Quebec and have submitted a DSP to that province. or 2\\. The foreign national 1. held an employer-specific work permit 1. issued pursuant to subparagraphs 200(1)(c)(iii) or 200(1)(c)(ii.1) of the Regulations; 2. for work located in the province of Quebec; and 3 … all other legislative eligibility and admissibility requirements not exempted under this, or another, public policy. ## Effective Date and Expiration: This public policy comes into effect on March 13, 2026 and applies to applications received on or after this date. This public policy will expire on December 31, 2026, and may be revoked at any time, without prior notice. The Hon. Lena Metlege Diab, ECNS, KC, P.C., M.P. Minister of Citizenship and Immigration Dated at Ottawa, this 12 day of March, 2026 ## Page details 2026-06-05 ## About this site ### Immigration and citizenship - [Help Centre](","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-c86c07c8f06e15dae631","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (Provincial Nominee Program Assessment Roles): SOR/2026-63","policyEffect":"Replaces IRPR subsections 87(2) to (4) to assign provincial and territorial governments the sole responsibility to evaluate a candidate's \"ability to become economically established\" and \"intention to reside\" in the nominating province, removing federal officer substitution/override on these specific criteria.","operativeDate":"2026-03-30","year":2026,"affectedGroup":"Provincial nominee permanent residence applicants","materialConditionsAndExceptions":"","policyCategory":"Economic migration / provincial nominee class","policyTool":"Eligibility assessment jurisdiction","sourceName":"Government of Canada","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2026/2026-04-08/html/sor-dors63-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 160, Number 7, SOR/2026-63 (2026-03-30).; SOR/2026-63, Canada Gazette, Part II, Vol. 160, No. 7.","evidencePassage":"Protection Regulations (Provincial Nominee Program) under subsections 5(1) and 14(2)footnote a of the Immigration and Refugee Protection Act footnote b. Regulations Amending the Immigration and Refugee Protection Regulations (Provincial Nominee Program) Amendments 1 (1) Subsections 87(2) to (4) of the Immigration and Refugee Protection Regulations footnote 1 are replaced by the following: Member of class (2) Subject to subsection (5), a foreign national is a member of the provincial nominee class if they are named in a nomination certificate that is (a) issued by the government of a province under a provincial nomination agreement that is in force between that province and the Minister at the time of nomination; (b) made in accordance with the provincial selection criteria that have been approved in writing by the Minister; and (c) made on the basis of the foreign national’s ability to become economically established in Canada and their intention to reside in the province that has nominated them. Evaluation by province (3) The government of a province that issues the nomination certificate has the sole responsibility to evaluate, according to the provincial selection criteria that have been approved in writing by the Minister, both the foreign national’s ability to become economically established in Canada and their intention to reside in that province. (2) The Regulations are amended by replacing “paragraph (2)(a)” with “subsection (2)” in the following provisions: (a) the portion of subsection 87(5) before paragraph (a); and (b) subsection 87(10). Coming into Force 2 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Immigration is a shared federal and provincial … Amendments replace the criteria for membership in the Provincial Nominee Class, including the authority of a federal officer to substitute an assessment by the province or territory for their own assessment, with criteria that require the candidate to be named in a nomination certificate that is issued by the province under a PNP agreement between the Minister and the province; made as per selection criteria approved by the Minister; and made based on the person’s ability to economically establish in Canada and their intent to live in the nominating province. The Amendments also establish that the … is one wherein responsibility for assessing candidates under the PNP would continue to be shared between PTs and IRCC. The baseline scenario is then compared with the regulatory scenario, in which PTs will be solely responsible for the assessment of the two criteria that constitute eligibility in the Provincial Nominee Class. This would not represent increased effort for PTs, but rather simply removes duplication of efforts by IRCC. The costs and benefits of the Amendments are monetized for 10 periods of 12 months (2026 to 2035) and are expressed in 2023 dollars. The Amendments result in both … differential impacts expected on applications from diverse populations. Implementation, compliance and enforcement, and service standards Implementation The Amendments come into force on the day on which they are registered. PTs will continue to assess a candidate’s “ability to economically establish” and “intent to reside” as part of their nomination assessment. IRCC’s assessment will focus solely on confirming that the applicants have been determined by the PT to meet eligibility criteria as prescribed in the regulations, and are admissible to Canada. The Amendments will apply to new cases that are","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-6cf7518f4fae6109756b","countryCode":"CA","country":"Canada","title":"Pause of New Intakes for Home Care Worker Immigration Pilots","policyEffect":"Effective March 31, 2026, the number of new applications accepted for processing in a year for the Home Care Worker Immigration (Home Support) and Home Care Worker Immigration (Child Care) classes is set at zero.","operativeDate":"2026-03-31","year":2026,"affectedGroup":"New applicants for permanent resident visas under the home care worker immigration (child care) and home care worker immigration (home support) classes","materialConditionsAndExceptions":"Recorded validated scope: Applications above the zero intake are not accepted and fees are returned; accompanying overseas humanitarian and compassionate requests are not processed.","policyCategory":"Residence","policyTool":"Other","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2025/2025-12-20/html/notice-avis-eng.html","preciseCitation":"Ministerial Instructions respecting the Home Care Worker Immigration classes, Canada Gazette, Part I, December 20, 2025","evidencePassage":"the number of new applications (submitted on or after March 31, 2026) that will be accepted for processing in a year for the Home Care Worker Immigration (Home Support) and Home Care Worker Immigration (Child Care) classes is set at zero. … Applications received in excess of the number that may be accepted for processing in a year will not be accepted for processing and fees will be returned. … A request made under subsection 25(1) of the Act from outside Canada and that accompanies an application that was not processed under these Instructions will not be processed.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-747a26a65e6b5bdab33e","countryCode":"CA","country":"Canada","title":"Super Visa Income Requirement Flexibility","policyEffect":"IRCC introduced two flexible alternatives to the Low Income Cut-Off (LICO) financial evaluation for the Parents and Grandparents Super Visa: an extended two-year income assessment period and the ability to include a visiting parent/grandparent's own income if the host meets a minimum percentage of the LICO threshold.","operativeDate":"2026-03-31","year":2026,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: IRCC introduced two flexible alternatives to the Low Income Cut-Off (LICO) financial evaluation for the Parents and Grandparents Super Visa: an extended two-year income assessment period and the ability to include a visiting parent/grandparent's own income if the host meets a minimum percentage of the LICO threshold.","policyCategory":"Family","policyTool":"Eligibility","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/changes-parents-grandparents-super-visa-income-requirement-calculated.html","preciseCitation":"canada.ca. Super Visa Income Requirement Flexibility. Effective 2026-03-31.","evidencePassage":"immigration system and returning overall immigration to sustainable levels. At the same time, we know families are strongest when they’re together, and we remain committed to family reunification. Starting March 31, 2026, Immigration, Refugees and Citizenship Canada (IRCC) will change how it calculates family income for super visa eligibility, making the program more equitable and accessible to more families while ensuring parents and grandparents are financially supported during their stay in Canada. The [super visa](https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/parent-grandparent-super-visa.html) is a multiple-entry visitor visa that allows parents and grandparents of Canadian citizens and permanent residents to visit their family in Canada for longer periods. An applicant’s host, that is, their child or grandchild in Canada, must provide proof that they meet the income requirements to support their family members while they’re here. The new approach will provide hosts with two alternative ways to meet the income requirement: - **Extending the income assessment period:** Hosts and their co-signer (if applicable) may meet or exceed the income requirement … in either one of the two taxation years preceding the time of application. Previously, IRCC assessed only the year before. - **Allowing the income of the visiting parent or grandparent to be added:** If the hosts and their co-signer (if applicable) meet the required minimum percentage of income, the income of the visiting parents and grandparents can be added to cover the remaining amount. As of March 31, 2026, all applications already in processing, or submitted on or after that date, will be assessed against the new income requirements. Under these updated criteria, families who were previously","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-69b7150ab3774ea52be0","countryCode":"CA","country":"Canada","title":"Elimination of Separate Co-op Work Permits for Post-Secondary International Students","policyEffect":"Post-secondary international students no longer need a separate co-op work permit for mandatory, program-integrated work placements. Pending applications for this permit type are automatically withdrawn.","operativeDate":"2026-04-01","year":2026,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Student","policyTool":"Eligibility","sourceName":"Immigration, Refugees and Citizenship Canada (IRCC)","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/simplifying-co-op-work-permit-requirement-post-secondary-international-students.html","preciseCitation":"Immigration, Refugees and Citizenship Canada (IRCC). Elimination of Separate Co-op Work Permits for Post-Secondary International Students. Effective 2026-04-01.","evidencePassage":"Citizenship Canada is working to streamline its processes and maximize efficiency, while continuing to strengthen the International Student Program and deliver excellent client services. As of April 1, 2026, eligible post-secondary international students no longer need a separate work permit to participate in student work placements required by their program, such as co-op placements and internships. Students may work for employers approved by their designated learning institution as part of their program requirements. This change simplifies the administrative process for students by requiring only … one permit to complete a single study program. It does not increase the number of students who are authorized to work or affect temporary resident volumes; it simply removes an administrative step that is no longer necessary. International students with pending decisions on their co-op work permit applications will not need to take any action. IRCC will withdraw all eligible and active co-op work permit applications. The full eligibility criteria are available on [our website](https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/intern.html). ## Page details 2026","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-629e43847f43a6c94b12","countryCode":"CA","country":"Canada","title":"Biennial Increase of Permanent Residence Fees","policyEffect":"The government implemented scheduled biennial increases to various permanent residence fees, including the Right of Permanent Residence Fee and specific class application fees, aligned with the Consumer Price Index.","operativeDate":"2026-04-30","year":2026,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: The government implemented scheduled biennial increases to various permanent residence fees, including the Right of Permanent Residence Fee and specific class application fees, aligned with the Consumer Price Index.","policyCategory":"Residence","policyTool":"Fees","sourceName":"Canada Gazette","sourceUrl":"https://gazette.gc.ca/rp-pr/p1/2026/2026-04-04/html/notice-avis-eng.html","preciseCitation":"Canada Gazette. Biennial Increase of Permanent Residence Fees. Effective 2026-04-30.","evidencePassage":"Canada Gazette Publications Part I: Vol. 160 (2026) April 4, 2026 Canada Gazette, Part I, Volume 160, Number 14: GOVERNMENT NOTICES April 4, 2026 DEPARTMENT OF CITIZENSHIP AND IMMIGRATION FINANCIAL ADMINISTRATION ACT Notice of biennial increase of permanent residence fees pursuant to the Immigration and Refugee Protection Regulations Notice is hereby given that, in keeping with subsection 303(1.1) and paragraph 294(d) of the Immigration and Refugee Protection Regulations, the permanent residence fees will increase at 9:00:00 a.m., Eastern daylight time, on April 30, 2026, by the cumulative percentage increase to the Consumer Price Index for Canada, published by Statistics Canada, for the two previous years, rounded to the nearest five dollars. The current fees and the fees updated as of April 30, 2026, are listed below. Any inquiries or comments about the updated fees can be directed to Martin Mulligan, Director, Fees, Passport and Financial Business Intelligence, Financial Partnerships Branch, 613‑793‑8242 or IRCC.FPBFIFA-RFFADGPF.IRCC@cic.gc.ca. Table 1: Comparison of current and new permanent resident fees Program Applicants Current fee (April 2024— March 2026) New fee (April 2026— … March 2028) table a1 note a Right of Permanent Residence Fee Principal applicant and accompanying spouse or common-law partner $575 $600 Federal High Skilled, Provincial Nominee Program and Quebec Skilled Workers, Atlantic Immigration Class and most economic pilots [Rural, Agri-Food, Home Care Worker Immigration (Child Care) Class, Home Care Worker Immigration (Home Support) class] Principal applicant $950 $990 Accompanying spouse or common-law partner $950 $990 Accompanying dependent child table a1 note b $260 $270 Home care worker (caregiver) programs opened before 2025: Caring for Children … Class, Home Child Care Provider Class, Home Support Worker Class, and Caring for People with High Medical Needs Class Principal applicant $635 $660 Accompanying spouse or common-law partner $635 $660 Accompanying dependent child table a1 note b $175 $180 Business (federal and Quebec) Principal applicant $1,810 $1,895 Accompanying spouse or common-law partner $950 $990 Accompanying dependent child table a1 note b $260 $270 Family Reunification (Spouses, Partners and Children; Parents and Grandparents; and other relatives) Sponsorship fee $85 $90 Sponsored principal applicant $545 $570 Sponsored child (principal applicant under 22 and not a spouse/partner) table a1 note b $85 $90 Accompanying spouse or common-law partner $635 $660 Accompanying dependent child table a1 note b $175 $180 Protected Persons Principal applicant table a1 note b $635 $660 Accompanying spouse or common-law partner table a1 note b $635 $660 Accompanying dependent child table a1 note b $175 $180 Humanitarian and Compassionate / Public Policy Principal applicant table a1 note b $635 $660 Accompanying spouse or common-law partner $635 $660 Accompanying dependent child table a1 note b $175 $180 Permit Holders Principal applicant table a1 note c $375 $390 Table a1 note(s) Table a1 note a The new rate is calculated in accordance with the cumulative percentage increase to the Consumer Price Index for Canada, published by Statistics Canada, for the two previous years (2024 and 2025), rounded to the nearest five dollars. Return to table a1 note a referrer Table a1 note b These applicants are exempt from paying the Right of Permanent Residence Fee (normally paid by all permanent resident applicants except dependent children and protected persons). Principal applicants in the Humanitarian and Compassionate and","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-946a366cbf4412593c0a","countryCode":"CA","country":"Canada","title":"Refugee Sponsorship Facilitation Public Policy for Cancelled SAH Agreements","policyEffect":"To support refugee applicants affected by the cancellation of a Sponsorship Agreement Holder (SAH), a temporary policy waives the requirement for UNHCR or host state Refugee Status Determination (RSD) documentation for replacement sponsorship applications submitted by Groups of Five or Community Sponsors.","operativeDate":"2026-05-07","year":2026,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: To support refugee applicants affected by the cancellation of a Sponsorship Agreement Holder (SAH), a temporary policy waives the requirement for UNHCR or host state Refugee Status Determination (RSD) documentation for replacement sponsorship applications submitted by Groups of Five or Community Sponsors.","policyCategory":"Family","policyTool":"Documentation","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/sah-refugees-april-23-extension.html","preciseCitation":"canada.ca. Refugee Sponsorship Facilitation Public Policy for Cancelled SAH Agreements. Effective 2026-05-07.","evidencePassage":"sponsorship as a result of a Sponsorship Agreement cancelation find a new sponsor. A valid sponsorship is required in order for IRCC to continue processing their resettlement application. This temporary public policy recognizes that many of the impacted refugee applicants will have family and community ties to Canada, and will have already been waiting many months or years for their application to be processed. This public policy aims to increase applicants’ chances of finding a replacement sponsor by waiving the requirement to include an RSD document as part of their sponsorship application, thus facilitating the sponsorship of these applicants by G5 and CS groups. I hereby establish that, in light of the foregoing, there are sufficient public policy considerations to justify granting exemptions, pursuant to section 25.2 of the *Immigration and Refugee Protection Act* (the Act) and to the requirements of the provisions of the *Immigration and Refugee Protection Regulations* (the Regulations) listed below, for foreign nationals and their accompanying family members who apply for the Private Sponsorship of Refugees program and meet the conditions (eligibility requirements) set out below … Fairness Letter must have been issued after the date the public policy comes into effect and before the date the public policy expires. ## Provision of the Regulations for which an exemption may be granted: Paragraph 140.2(1)(a) of the Regulations - that the permanent residence application be accompanied by a sponsorship application referred to in paragraph 153(1)(b) by which the foreign national is being sponsored, specifically the requirement in paragraph 153(1)(b) that the sponsor must make a sponsorship application that includes the document issued by the UNHCR or a foreign state certifying the status of the foreign national as a refugee. ## Other eligibility and admissibility criteria Foreign nationals eligible under this public policy and all family members included in the application for protection are subject to all other applicable regulatory and legislative eligibility and admissibility requirements not otherwise exempted by this temporary public policy. ## Coming into effect and expiration This temporary public policy takes effect on May 7, 2026 and may be revoked at any time. This temporary public policy expires twenty-four (24) months after coming into effect. The Honourable","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-36a7073a9c68286d84d3","countryCode":"CA","country":"Canada","title":"Update to Study Permit Scholarship and Exchange Program Guidelines","policyEffect":"IRCC updated operational guidelines for study permits related to scholarships. Scholarship letters for the Emerging Leaders in the Americas Program and Study in Canada Scholarships must now be issued by the designated learning institution. The UMAP–Canada Scholarships program was removed from the recognized pathways list.","operativeDate":"2026-05-08","year":2026,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Scholarship letters for the Emerging Leaders in the Americas Program and Study in Canada Scholarships must now be issued by the designated learning institution.","policyCategory":"Student","policyTool":"Documentation","sourceName":"IRCC","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates/2026-students-scholarships.html","preciseCitation":"IRCC. Update to Study Permit Scholarship and Exchange Program Guidelines. Effective 2026-05-08.","evidencePassage":"corporate.html) 4. [Publications and Manuals](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals.html) 5. [Operational instructions and guidelines](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals.html) 6. [Updates](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates.html) # Program delivery update: Study permits – Scholarships, award recipients and exchange programs This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders. **May 08, 2026** The following updates have been made: - For the Emerging Leaders in the Americas Program and Study in Canada Scholarships, as of April 1, 2026, the official scholarship letter will be issued by the receiving Canadian designated learning institution (DLI). - University Mobility in Asia-Pacific (UMAP)–Canada Scholarships was removed from the list. ## Updated instructions - [Study permits: Scholarships, award recipients and exchange programs](https://www.canada.ca/en/immigration-refugees","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-8c34b4c6bdb151eb3b89","countryCode":"CA","country":"Canada","title":"Temporary Public Policy Exempting Unaccompanied Minors from Certain Refugee Claim Ineligibility Grounds","policyEffect":"Introduces a Ministerial Temporary Public Policy (TPP) under IRPA s. 25.2 that exempts unaccompanied minors seeking asylum from specific statutory refugee claim ineligibility provisions before referral to the Immigration and Refugee Board (IRB).","operativeDate":"2026-05-19","year":2026,"affectedGroup":"Unaccompanied minor refugee claimants","materialConditionsAndExceptions":"Validated condition or limit: 25.2 that exempts unaccompanied minors seeking asylum from specific statutory refugee claim ineligibility provisions before referral to the Immigration and Refugee Board (IRB).","policyCategory":"Asylum / protection","policyTool":"Ineligibility waiver / exemption","sourceName":"Immigration, Refugees and Citizenship Canada (IRCC)","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship.html","preciseCitation":"Immigration, Refugees and Citizenship Canada, Program Delivery Update: New Temporary Public Policy exempting unaccompanied minors from certain grounds of refugee claim ineligibility, June 4, 2026.","evidencePassage":"exception is applied until a more permanent solution is achieved. ## Public Policy Considerations This Temporary Public Policy will ensure that unaccompanied minors are not subject to the new ineligibility provisions, given their lack of legal guardianship. I hereby establish, pursuant to my authority under section 25.2 of the Act, that there are sufficient public policy considerations that justify the granting of an exemption from the requirements of the Act listed below to foreign nationals who meet the conditions (eligibility requirements) set out below. ## Conditions (Eligibility Requirements) … Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Act identified below if: The foreign national: 1. Has made a claim for refugee protection as required by subsection 99(3) of the Act; and 2. Is, when making their claim for refugee protection, under 18 years of age and has neither a parent nor an adult legally responsible for them in Canada. ## Provisions of the Act for which an exemption may be granted: To foreign nationals who meet the requirements above: - Paragraph 101(1)(b.1) of the Act – that a claim is ineligible to be referred … to the Refugee Protection Division if the claimant entered Canada after June 24, 2020 and made the claim more than one year after the day of their entry; or, - Paragraph 101(1)(b.2) of the Act – that a claim is ineligible to be referred to the Refugee Protection Division if the claimant entered Canada at a location along the Canada-United States land border – including the waters along or across that border – that is not a port of entry and made the claim after the end of the time limit referred to in subsection 159.4(1.1) of the *Immigration and Refugee Protection Regulations*. ## Other Criteria or Obligations Foreign nationals eligible under this public policy are subject to all other applicable criteria or obligations of the Act, not otherwise exempted. ## Effective Date and Expiration This public policy comes into effect upon signature and applies to claims where eligibility is determined on or after that date. This public policy will apply until it is revoked by the Minister. Claims where eligibility is determined on or before that date of revocation, will be processed under the public policy. The Honourable Lena Metlege Diab, ECNS, KC, P.C., M.P Minister of Citizenship and Immigration Dated at Ottawa, this 19 day of May 2026 ## Page details 2026-05-20 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc.canada.ca/english/helpcentre/index-featured-can.asp) - [Contact us](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html) - [Check your application status](https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-status.html) ### Government of Canada - [All contacts](https://www.canada.ca/en/contact.html) - [Departments and agencies](https://www.canada.ca/en/government/dept.html","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp3-075be9067faf9d3c9336","countryCode":"CA","country":"Canada","title":"Spousal Open Work Permit (C41) Exemption for Quebec Health Sector","policyEffect":"IRCC updated Program Delivery Instructions for administrative code C41, providing an exemption to the 16-month open work permit validity limit. Spouses of foreign-trained healthcare professionals undergoing licensing or credentialing in Quebec are now exempt from this restriction.","operativeDate":"2026-05-25","year":2026,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: IRCC updated Program Delivery Instructions for administrative code C41, providing an exemption to the 16-month open work permit validity limit.; Spouses of foreign-trained healthcare professionals undergoing licensing or credentialing in Quebec are now exempt from this restriction.","policyCategory":"Family, skilled work","policyTool":"Eligibility","sourceName":"Canada.ca - Spouses or common-law partners of skilled workers open work permit","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy/spouses-common-law-authorized-work-high-skilled-occupations.html","preciseCitation":"Canada.ca - Spouses or common-law partners of skilled workers open work permit. Spousal Open Work Permit (C41) Exemption for Quebec Health Sector. Effective 2026-01-21.","evidencePassage":"stay, evidence that their principal foreign national has been provisionally approved for a work permit (that the letter of introduction is issued). 4. evidence that their principal foreign national’s authority or provisional approval to work in Canada is valid for 16 months or longer (see exemption from the 16-month rule below) **after** the receipt date of the spousal’s work permit application - For example, a copy of a work permit or passport stamps showing the period of authorized work (for work-permit exempt foreign nationals) or a copy of the letter of introduction. **Exemption from open … work permit restrictions for spouses of foreign-trained health care professionals in Quebec** Beginning on May 25, 2026, spouses of foreign-trained health care professionals in Quebec are exempt from the requirement that the principal foreign national’s work permit must be valid for at least 16 months for their spouse to qualify for an open work permit. In order to identify that they are the spouse or common-law partner of a foreign-trained health care professional in Quebec, applicants must include code **conjointsanteqc** in both the job title box and the brief description of duties box on … the application form. The principal applicant must be employed in one of the following occupations: - NOC 31301 – Registered nurses and registered psychiatric nurses - NOC 32103 – Respiratory therapists, clinical perfusionists and cardiopulmonary technologists - NOC 32120 – Medical laboratory technologists Officers should be satisfied that the applicants have demonstrated that they meet the eligibility requirements noted in the C41 general processing information. Additionally, applicants being assessed under this exemption must provide - the principal foreign national’s letter of selection sig","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-f54f304b93ab2a6448b0","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Travel Authorization): SOR/2026-87","policyEffect":"Amends the table to subsection 7.01(1) of the IRPR to expand the partial visa exemption (eTA eligibility for air travel) to eligible citizens of Indonesia and Malaysia who hold a valid US non-immigrant visa or have held a Canadian visa in the past 10 years.","operativeDate":"2026-05-26","year":2026,"affectedGroup":"Short-term visitors/business travelers from indonesia and malaysia","materialConditionsAndExceptions":"Validated condition or limit: Amends the table to subsection 7.01(1) of the IRPR to expand the partial visa exemption (eTA eligibility for air travel) to eligible citizens of Indonesia and Malaysia who hold a valid US non-immigrant visa or have held a Canadian visa in the past 10 years.","policyCategory":"Border control / short-term entry","policyTool":"Electronic travel authorization (eta) expansion","sourceName":"Government of Canada","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2026/2026-06-03/html/sor-dors87-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 160, Number 11, SOR/2026-87 (2026-05-20).; SOR/2026-87, Canada Gazette, Part II, Vol. 160, No. 11.","evidencePassage":"Refugee Protection Regulations (Electronic Travel Authorization) under subsections 5(1), 11(1.01)footnote a and 14(1) of the Immigration and Refugee Protection Actfootnote b. Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Travel Authorization) Amendment 1 The table to subsection 7.01(1) of the Immigration and Refugee Protection Regulationsfootnote 1 is amended by adding the following in alphabetical order: Country Indonesia Malaysia Coming into Force 2 These Regulations come into force at 05:30:00 Eastern Daylight Time on May 26, 2026. REGULATORY IMPACT ANALYSIS … whichever occurs first. An eTA facilitates travel by allowing the holder multiple entries to Canada for short stays, generally of up to six months. Canada offers a “partial” visa exemption, allowing a subset of citizens from eligible countries to apply for an eTA instead of a TRV when travelling to or through Canada by air only (otherwise, a visa is required). Unlike the full visa exemption, eligibility criteria for a partial visa exemption require that an applicant from an eligible country must either have held a Canadian TRV within the last 10 years or hold a valid U.S. non-immigrant visa (NIV) at … all related risks and benefits associated with a visa exemption, and concluded that eligible citizens of Indonesia and Malaysia meet Canada’s comprehensive criteria for a partial visa exemption. Objective The objective of the Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Travel Authorization) [the amendments] is to facilitate the travel of eligible citizens of Indonesia and Malaysia to Canada on an eTA in air mode. Description The amendments add Indonesia and Malaysia to a list of countries and territories whose citizens are partially exempt from the TRV requirement if they have held a Canadian TRV within the last 10 years or if they hold a valid U.S. NIV at the time of their application. Eligible citizens would instead apply for an eTA for travel to or through Canada in air mode. Regulatory development Consultation Consultations related to the regulatory amendments included, but were not limited to, Global Affairs Canada (GAC), the Public Safety (PS) portfolio, the Royal Canadian Mounted Police (RCMP), the Canadian Security Intelligence Service (CSIS) and the Canada Border Services Agency (CBSA). IRCC has also engaged with Canada’s air and tourism … impacts related to gender or other identity factors. Overall, the analysis highlighted that the partial visa lift does not intentionally target specific groups of travellers from a GBA+ perspective. Based on recent data, gender characteristics are broadly gender-balanced. Implementation, compliance and enforcement, and service standards Implementation The amendments come into force on May 26, 2026, at 5:30 a.m. Eastern Daylight Time (EDT). At that time, eligible citizens of Indonesia and Malaysia will be exempt from the TRV requirement when travelling to or through Canada by air mode. IRCC communications","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-1d7c9d243e0125aeb4cf","countryCode":"CA","country":"Canada","title":"Temporary public policy to facilitate work permits for prospective permanent residence candidates in Quebec and their spouses and common-law partners","policyEffect":"Introduces a temporary public policy pursuant to section 25.2 of the Immigration and Refugee Protection Act to facilitate access to short-term employer-specific work permits under the International Mobility Program for select temporary foreign workers in Quebec who have been invited to apply for permanent residence and have submitted a Demande de sélection permanente (DSP) under the Programme de sélection des travailleurs qualifiés (PSTQ), as well as open work permits for their spouses and common-law partners.","operativeDate":"2026-06-05","year":2026,"affectedGroup":"Select temporary foreign workers in quebec invited to apply under the pstq who have submitted a dsp, and their spouses and common-law partners","materialConditionsAndExceptions":"","policyCategory":"Work authorization / family / regularization to work","policyTool":"Open work permit issuance / expedited processing","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/work-permits-qc-pr-2026-2.html","preciseCitation":"","evidencePassage":"This public policy, pursuant to section 25.2 of the Act, will facilitate access to employer-specific work permits under the IMP for eligible temporary foreign workers in Quebec who have been invited to apply for permanent residence in that province and have submitted a Demande de sélection permanente (DSP) to the province under the Programme de sélection des travailleurs qualifiés (PSTQ). The public policy will also facilitate access to open work permits for spouses and common-law partners of eligible workers. … This public policy comes into effect upon signature and revokes and replaces the “Temporary public policy to facilitate work permits for prospective permanent residence candidates in Quebec” signed on March 12, 2026. … The Hon. Lena Metlege Diab, ECNS, KC, P.C., M.P. Minister of Citizenship and Immigration Dated at Ottawa, this 5th day of June, 2026","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-73dc2f33230443d685ee","countryCode":"CA","country":"Canada","title":"Temporary Work Permit Relief for Provincial Nominee Program Applicants","policyEffect":"IRCC has introduced a measure allowing Provincial Nominee Program (PNP) permanent residence applicants to apply for bridging open work permits, spousal open work permits, or employer-specific extensions without an Acknowledgement of Receipt (AOR) due to processing backlogs.","operativeDate":"2026-06-09","year":2026,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"","policyCategory":"Residence, skilled work, family","policyTool":"Documentation","sourceName":"IRCC Operational Bulletins","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/bulletins-2026/699.html","preciseCitation":"IRCC Operational Bulletins. Temporary Work Permit Relief for Provincial Nominee Program Applicants. Effective 2026-06-09.","evidencePassage":"citizenship/corporate/publications-manuals/operational-bulletins-manuals/bulletins-2026.html) # Operational bulletin 699 – June 9, 2026 This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders. ## OB 699 – Temporary operational measures for in-Canada Provincial Nominee Program (PNP) work permit applications prior to the issuance of an Acknowledgment of Receipt (AOR) (T13, A75, and related spousal open work permits) | Effective date | Expiry date, if any | | --- | --- | | June 9, 2026 | N/A | ### Summary Effective June 9, 2026, clients **in Canada** who applied for permanent residence (PR) under the Provincial Nominee Program (PNP) (base and express entry) may submit alternative proof of PR submission in support of their applications for PNP employer‑specific work permits (T13), PNP Bridging Open Work Permits (A75), and eligible spousal open work permits for spouses/ partners of PNP principal PR applicants. These temporary measures are intended to support in‑Canada work permit processing for PNP applicants affected by prolonged R10 completeness check timelines. Extended completeness checks delay … combined with an expired nomination creates a risk of work interruption. The AOR is a safeguard to ensure that work permits are issued to clients whose PR application is complete. However, the current processing pressures require flexibility. Given that applicants subject to the measure would have already been pre-screened for PR by the nominating PT, the risk of issuing work permits to individuals who may not have a complete PR application is reduced. ### Processing Instructions To mitigate these impacts, officers processing in‑Canada applications may temporarily accept alternative evidence of PR application submission for the following work permit applications: - PNP employer-specific work permits (T13) – where the nomination has expired - PNP bridging open work permits (A75) - Eligible spousal open work permits for spouses/ partners of PNP principal applicants only This flexibility applies only to in‑Canada processing and does not modify underlying program eligibility requirements or the outcome of R10 completeness or eligibility assessments. Work permit applications submitted outside of Canada must continue to require a PR AOR before the work permit can be processed. Officers may be satisfied by either of the following in place of an AOR: - A copy of the email confirming submission of the PR application through the online portal, together with proof of payment of applicable PR fees, or - Confirmation in IRCC systems that an APR has been received and remains pending, including prospective applications visible in GCMS Applications that include one of the above forms of evidence may be approved for the work permit, subject to the usual eligibility and admissibility requirements. Either form of evidence is sufficient to demonstrate that the PR application has been submitted … under the R10 completeness check or guarantee PR approval, and that a returned PR application may affect their future work permit eligibility. This temporary measure takes effect immediately upon publication and remains in place until December 31, 2026. Unless further instructions are issued, the standard requirement to submit an AOR will resume after this date. | Manual chapter(s) to be updated | NHQ contact | | --- | --- | | Edited by Strategic Communications, Communications Branch, IRCC | ## Page details 2026-06-09 ## About this site ### Immigration and citizenship - [Help Centre](https://ircc","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-5b11ac71ec1f331f011e","countryCode":"CA","country":"Canada","title":"Regulations Amending the Immigration and Refugee Protection Regulations (Transit Between International Flights): SOR/2026-149","policyEffect":"Amends the Immigration and Refugee Protection Regulations (IRPR) to define a designated holding area and mandate that any person seeking to leave a sterile transit area or designated holding area at an airport during international transit appear immediately for examination by a border officer, while requiring commercial transporters to submit transit status and destination data. Phase scope: Registered and in force on the date of registration (June 22, 2026)","operativeDate":"2026-06-22","year":2026,"affectedGroup":"Transit passengers","materialConditionsAndExceptions":"","policyCategory":"Border control","policyTool":"Regulatory amendment","sourceName":"Canada Gazette, Part II","sourceUrl":"https://gazette.gc.ca/rp-pr/p2/2026/2026-07-01/html/sor-dors149-eng.html","preciseCitation":"Canada Gazette, Part II, Volume 160, Number 13, SOR/2026-149 (Registration June 22, 2026)","evidencePassage":"Amending the Immigration and Refugee Protection Regulations (Transit Between International Flights) Amendments 1 Section 2 of the Immigration and Refugee Protection Regulations footnote 1 is amended by adding the following in alphabetical order: designated holding area has the same meaning as in section 1 of the Presentation of Persons (2003) Regulations. (zone d’attente désignée) 2 (1) Paragraph 35(1)(b) of the Regulations is replaced by the following: (b) in any airport, passengers who are arriving from any country and who are transiting to a country other than Canada and remain in a sterile transit area or designated holding area. (2) Subsection 35(2) of the Regulations is replaced by the following: Obligatory examination (2) Any person seeking to leave a sterile transit area or designated holding area must appear immediately for examination. 3 Paragraph 269(1)(d) of the Regulations is replaced by the following: (c.1) their status as a passenger or crew member and confirmation whether they are in transit to a place outside Canada; (c.2) if they are in transit to a place outside Canada, their first destination outside Canada; (d) the unique passenger reference assigned to them by the commercial transporter, if any; Coming into Force 4 These Regulations come into force on the day on which they are registered. N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2026-148, Regulations Amending Certain Regulations Made Under the Customs Act (Transit Between International Flights). Footnotes Footnote a S.C. 2008, c. 3, s. 2 Return to footnote a referrer Footnote b S.C. 2001, c. 27 Return to footnote b referrer Footnote c S.C. 2017, c. 11, s. 6 Return to footnote c referrer Footnote d S.C. 2017, c. 26, s. 45(2) Return to footnote d referrer","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-66de771db87d3132b348","countryCode":"CA","country":"Canada","title":"Update to LMIA Hourly Wage Thresholds","policyEffect":"ESDC has updated the provincial and territorial hourly wage thresholds for the Temporary Foreign Worker Program, which determines the classification of applications between the High-Wage and Low-Wage streams.","operativeDate":"2026-07-17","year":2026,"affectedGroup":"Employers applying for Labour Market Impact Assessments (LMIAs) under the Temporary Foreign Worker Program and prospective temporary foreign workers","materialConditionsAndExceptions":"Thresholds are determined per province/territory; wages at or above the threshold fall under the high-wage stream, whereas wages below fall under the low-wage stream.","policyCategory":"Labor Market Impact Assessment / Work Permits","policyTool":"Operational Guidance / Wage Threshold Update","sourceName":"Employment and Social Development Canada","sourceUrl":"https://canada.ca/en/employment-social-development/services/foreign-workers/median-wage.html","preciseCitation":"Employment and Social Development Canada, 'Hire a temporary foreign worker in a high-wage or low-wage position', Hourly wage threshold by province or territory table","evidencePassage":"Hourly wage threshold by province or territory Province/territory For LMIAs received between June 27, 2025, and July 16, 2026 For LMIAs received as of July 17, 2026","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp6-395bc9d8b9724e4b8346","countryCode":"CA","country":"Canada","title":"Temporary public policy for foreign nationals of Palestine who will arrive in Canada as temporary residents on or before September 30, 2027","policyEffect":"Grants statutory exemptions under section 25.2 of the Immigration and Refugee Protection Act enabling eligible Palestinian foreign nationals and eligible family members arriving in Canada with temporary resident status on or before September 30, 2027 to apply from within Canada for fee-exempt study permits, open work permits, temporary resident permits, and status extensions.","operativeDate":"2026-08-01","year":2026,"affectedGroup":"Nationals of palestine who are in canada as temporary residents or eligible foreign national family members of canadian citizens or permanent residents who left palestine on or after october 7, 2023","materialConditionsAndExceptions":"Validated condition or limit: Grants statutory exemptions under section 25.2 of the Immigration and Refugee Protection Act enabling eligible Palestinian foreign nationals and eligible family members arriving in Canada with temporary resident status on or before September 30, 2027 to apply from within Canada for fee-exempt study permits, open work permits, temporary resident permits, and status extensions.","policyCategory":"Humanitarian / temporary residence","policyTool":"Fee waiver / open work permit / in-canada application exemption","sourceName":"Government of Canada","sourceUrl":"https://canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/palestinian-territories-immigration-measures-2026-2.html","preciseCitation":"","evidencePassage":"This temporary public policy facilitates access to education systems and the Canadian labour market for eligible foreign nationals who arrive in Canada with temporary resident status by September 30, 2027, and who have not been granted an exemption under previous public policies offering in-Canada measures for Palestinians, by enabling them to apply from within Canada for fee-exempt study permits, open work permits and/or temporary resident permits and move between temporary resident streams, while also enabling those who wish to extend their existing temporary status in Canada to do so without fees. … This public policy comes into effect on August 1, 2026, and expires on December 30, 2027, and may be revoked at any time without prior notice.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-ca-hong-kong-pr-intake-close-20260831","countryCode":"CA","country":"Canada","title":"Hong Kong permanent residence pathways close to new applications","policyEffect":"Canada stopped accepting new applications under the temporary Hong Kong permanent residence pathways after August 31, 2026, while continuing to process applications received on or before that date. The separate open work permit measure for pathway applicants remains in place until May 2029.","operativeDate":"2026-08-31","year":2026,"affectedGroup":"Hong kong nationals in canada seeking permanent residence through the temporary graduate or canadian-work-experience pathways","materialConditionsAndExceptions":"Validated condition or limit: Canada stopped accepting new applications under the temporary Hong Kong permanent residence pathways after August 31, 2026, while continuing to process applications received on or before that date.; The separate open work permit measure for pathway applicants remains in place until May 2029.","policyCategory":"Admissions or entry conditions","policyTool":"Pathway closure","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/hongkong-permanent-residence-pathways-closing-new-applications.html","preciseCitation":"IRCC notice dated August 28, 2026; closure effective August 31, 2026.","evidencePassage":"As previously communicated, these temporary pathways will stop accepting new applications on August 31, 2026. We continue to process applications received on or before that date. … these temporary pathways will stop accepting new applications on August 31, 2026. … In support of that commitment, Canada introduced permanent residence pathways in 2021 to give eligible Hong Kong nationals in Canada with recent Canadian education or work experience an additional opportunity to become permanent residents. … Applicants to the Hong Kong pathways can apply for open work permits under a public policy that took effect on May 27, 2024, to ensure they can continue to live and work in Canada while their permanent residence application is in processing. This measure remains in place until May 2029.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-ca-work-permit-study-20260904","countryCode":"CA","country":"Canada","title":"Work permit holders may study without a study permit for short-term courses or programs","policyEffect":"A temporary public policy allows eligible foreign nationals holding a valid work permit to study without a study permit in a course or program of studies of durations of six months or less, and grants an exemption from the requirement in paragraphs 188 (1)(c) of the Regulations that the course or program of studies be completed within the period for stay that was authorized upon entry into Canada. The exemption applies until the work permit expires, or the expiry or revocation of this public policy, whichever comes first. Foreign nationals eligible under this public policy are subject to all other applicable eligibility and admissibility requirements not exempted under this, or another, public policy. The public policy comes into effect 30 days after the date of signature (August 5, 2026) and will expire on December 31, 2027, and may be revoked at any time without prior notice.","operativeDate":"2026-09-04","year":2026,"affectedGroup":"Foreign nationals who hold a valid work permit","materialConditionsAndExceptions":"Validated condition or limit: A temporary public policy allows eligible foreign nationals holding a valid work permit to study without a study permit in a course or program of studies of durations of six months or less, and grants an exemption from the requirement in paragraphs 188 (1)(c) of the Regulations that the course or program of studies be completed within the period for stay that was authorized upon entry into Canada.; The exemption applies until the work permit expires, or the expiry or revocation of this public policy, whichever comes first.; Foreign nationals eligible under this public policy are subject to all other applicable eligibility and admissibility requirements not exempted under this, or another, public policy.; The public policy comes into effect 30 days after the date of signature (August 5, 2026) and will expire on December 31, 2027, and may be revoked at any time without prior notice.","policyCategory":"Admissions or entry conditions","policyTool":"Temporary public policy","sourceName":"Government of Canada","sourceUrl":"https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/study-without-study-permit-2026-2.html","preciseCitation":"Temporary public policy; effective September 4, 2026; expires December 31, 2027.","evidencePassage":"This public policy, pursuant to section 25.2 of the Immigration and Refugee Protection Act (the Act), will allow eligible foreign nationals who hold a valid work permit to study without a study permit for a course or program of studies of durations of six months or less. … The requirement in paragraphs 188 (1)(c) of the Regulations that the course or program of studies be completed within the period for stay that was authorized upon entry into Canada. … Effective Date and Expiration: This public policy comes into effect 30 days after the date of signature and will expire on December 31, 2027. … Dated at Ottawa, this 5th day of August, 2026 … To be eligible for this public policy, the foreign national must hold a valid work permit. … The exemption granted will apply until the work permit referred to in condition (1) expires, or the expiry or revocation of this public policy, whichever comes first. … Other Admissibility and Selection Criteria: Foreign nationals eligible under this public policy are subject to all other applicable eligibility and admissibility requirements not exempted under this, or another, public policy.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-546d3e5b5afcd62495ff","countryCode":"GB","country":"United Kingdom","title":"Borders, Citizenship and Immigration Act 2009","policyEffect":"Amends British citizenship acquisition rules, including conferring automatic citizenship on children born in the UK to armed forces members and removing time limits for minor registration.","operativeDate":"2010-01-13","year":2010,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Citizenship or nationality status","policyTool":"Eligibility","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/ukpga/2009/11","preciseCitation":"legislation.gov.uk. Borders, Citizenship and Immigration Act 2009.; The Borders, Citizenship and Immigration Act 2009 (Commencement No. 1) Order 2009 (S.I. 2009/2731 (C. 119)), legislation.gov.uk.","evidencePassage":"2022 (c. 36), ss. 9(3)(b), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3) Commencement Information I1S. 41(5) in force at 27.10.2014 for specified purposes by S.I. 2014/2634, art. 2(a) Acquisition of British citizenship by birthU.K.42Children born in UK etc. to members of the armed forcesU.K. (1)Section 1 of the British Nationality Act 1981 (c. 61) (acquisition of British citizenship by birth or adoption) is amended as follows. (2)After subsection (1) insert— “(1A)A person born in the United Kingdom or a qualifying territory on or after the relevant day shall be a British citizen if at the time of the birth his father or mother is a member of the armed forces.” (3)In subsection (3), after “subsection (1)” insert “ , (1A) ”. (4)After subsection (3) insert— “(3A)A person born in the United Kingdom on or after the relevant day who is not a British citizen by virtue of subsection (1), (1A) or (2) shall be entitled to be registered as a British citizen if, while he is a minor— (a)his father or mother becomes a member of the armed forces; and (b)an application is made for his registration as a British citizen”. (5)In subsection (4), after “subsection (1)” insert … “ , (1A) ”. (6)After subsection (8) insert— “(9)The relevant day for the purposes of subsection (1A) or (3A) is the day appointed for the commencement of section 42 of the Borders, Citizenship and Immigration Act 2009 (which inserted those subsections).” Commencement Information I2S. 42 in force at 13.1.2010 by S.I. 2009/2731, art. 4(a) Acquisition of British citizenship etc. by registrationU.K.43MinorsU.K. (1)Section 3 of the British Nationality Act 1981 (c. 61) (acquisition by registration: minors) is amended as follows. (2)In subsection (2), for “within the period of twelve months from the … date of the birth” substitute “ while he is a minor ”. (3)Omit subsection (4). Commencement Information I3S. 43 in force at 13.1.2010 by S.I. 2009/2731, art. 4(b)44British Nationals (Overseas) without other citizenshipU.K. (1)Section 4B of the British Nationality Act 1981 (acquisition by registration: certain persons without other citizenship) is amended as follows. (2)In subsection (1)— (a)omit “or” immediately before paragraph (c), and (b)after that paragraph insert “, or (d)British National (Overseas)”. (3)In subsection (2)(c), for “4th July 2002” substitute “ the relevant day ”. (4)After","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-tier4-dependant-work-20100303","countryCode":"GB","country":"United Kingdom","title":"Employment restricted for dependants of specified Tier 4 students","policyEffect":"For applications made from March 3, 2010, family-member leave carried a no-employment condition where the Tier 4 principal studied below degree level, excluding foundation-degree courses. Family members could instead qualify in their own right under Tier 1 General or the specified Tier 2 General, Minister of Religion or Sportsperson routes; partner switching provisions were amended to enable that alternative. Applications made before March 3 retained the previous rules and resulting leave conditions.","operativeDate":"2010-03-03","year":2010,"affectedGroup":"Family members of tier 4 migrants studying below degree level, excluding foundation-degree courses","materialConditionsAndExceptions":"Validated condition or limit: Applications made before March 3 retained the previous rules and resulting leave conditions.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office, official Statement of Changes","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7cde8aed915d71e1e4e213/hc367.pdf","preciseCitation":"HC 367 paragraphs 2–3, 11 and 13; memorandum 7.6; transitional commencement","evidencePassage":"o remain for a course of study that is longer than six months.” 11. In paragraph 319D(b)(iv), after “employment” substitute “.” with “,” and insert: “(v) if the Relevant Points Based System Migrant is a Tier 4 Migrant who is following a course of study below degree level study (excluding a foundation degree course), no employment.” 12. After paragraph 319H(h)(iii), insert: “(i) If the Relevant Points Based System Migrant is a Tier 4 Migrant, the Tier 4 Migrant must be applying for or have entry clearance or leave to remain for a course of study that is longer than six months.” 13. In paragraph … 319I(b)(iii), after “employment” substitute “.” with “,” and insert: “(iv) if the Relevant Points Based System Migrant is a Tier 4 Migrant who is following a course of study below degree level study (excluding a foundation degree course), no employment.”. 4 Published by TSO (The Stationery Office) and available from: Online www.tsoshop.co.uk Mail, Telephone, Fax & E-mail TSO PO Box 29, Norwich, NR3 1GN Telephone orders/General enquiries: 0870 600 5522 Fax orders: 0870 600 5533 E-mail: customer.services@tso.co.uk Textphone: 0870 240 3701 The Parliamentary Bookshop 12 Bridge Street, Parliament … ng term-time, and full-time during vacations. Amendments to Rules for family members 7.5 The Immigration Rules are being amended so that a family member of a Tier 4 Migrant who is following a course of study which is six months or less in duration, will not be permitted to accompany the Tier 4 Migrant to the UK. 7.6 In addition, where a Tier 4 Migrant is following a course of study which is below degree level (except for those on a foundation degree course), family members will not be permitted to take employment, unless they qualify in their own right under Tier 1 (General), Tier 2 (General), … Tier 2 (Minister of Religion) or Tier 2 (Sportsperson) of the Points-Based System. The Immigration Rules for these categories of Tier 1 and Tier 2 are being amended to allow the Partners of Tier 4 Migrants to apply for leave to remain in the United Kingdom. 7.7 Transitional arrangements are being put in place so that applications will be decided in accordance with the Immigration Rules in place on the date the application was made, that is, any applications made before 3 March 2010 will be decided in accordance with the Rules in place on 2 March 2010, before these changes take effect. 8. Cons … 6 (HC 130), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711) and 10 December 2009 (HC 120). The changes in this Statement shall take effect on 3 March 2010. However, if an applicant has made an application for entry clearance or … leave to enter or remain before 3 March 2010 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 2 March 2010 and the conditions applicable to any leave granted will be those in force on 2 March 2010. 1. In paragraph 6, after the definition of “degree level study”, add: ““foundation degree” means a programme of study which leads to a qualification awarded by a UK higher education institution with degree awarding powers which is at a minimum of level 5 on the revised National Qualifications Framework, or level 8 on the Scottish … rsons in, the United Kingdom. 4.3 This Statement of Changes in Immigration Rules has been incorporated into a consolidated version of the Immigration Rules, which can be found under the ‘Policy and Law’ page at: www.ukba.homeoffice.gov.uk, where there are also copies of all the Statements of Changes in Immigration Rules issued since May 2003. 4.2 These changes to the Immigration Rules will come into force on 3 March 2010. However, if an application is made before 3 March, it will be decided in accordance with the Rules in force on 2 March 2010, regardless of the date that decision is made. The … conditions applicable to any leave granted further to an application made before 3 March 2010 will be those conditions set out in the rules in force on 2 March 2010. 5. Territorial Extent and Application 5.1 This instrument applies to all of the United Kingdom. 6. European Convention on Human Rights 6.1 As this Statement of Changes in the Immigration Rules is subject to the negative resolution procedure and does not amend primary legislation, no statement is required. 7. Policy Background What is being done and why 7.1 A summary of the policy changes contained in this Statement of Changes in","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-tier4-family-entry-20100303","countryCode":"GB","country":"United Kingdom","title":"Minimum course duration introduced for Tier 4 family applications","policyEffect":"For applications made from March 3, 2010, the family-member rules required a Tier 4 principal to be applying for or have entry clearance or leave to remain for a course longer than six months. Family members could no longer accompany a Tier 4 migrant on a course lasting six months or less under these provisions. Applications made before March 3 retained the previous rules and resulting leave conditions.","operativeDate":"2010-03-03","year":2010,"affectedGroup":"Partners and children applying as family members of tier 4 migrants on courses of six months or less","materialConditionsAndExceptions":"Validated condition or limit: For applications made from March 3, 2010, the family-member rules required a Tier 4 principal to be applying for or have entry clearance or leave to remain for a course longer than six months.; Applications made before March 3 retained the previous rules and resulting leave conditions.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office, official Statement of Changes","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7cde8aed915d71e1e4e213/hc367.pdf","preciseCitation":"HC 367 paragraphs 10 and 12; memorandum 7.5; transitional commencement","evidencePassage":"ourse, (2) employment during term time of no more than 10 hours per week where the student is following a course of study below degree level study (excluding a foundation degree course),” 7. In paragraph 245ZY(c)(iii), renumber subsequent sub-paragraphs (2) to (5) as (3) to (6). 8. In paragraph 245ZZB(c)(iv)(1) delete “20” and substitute “10”. 9. In paragraph 245ZZD(c)(iv)(1) delete “20” and substitute “10”. 10. After paragraph 319C(h)(iii), insert: “(i) If the Relevant Points Based System Migrant is a Tier 4 Migrant, the Tier 4 Migrant must be applying 3 for or have entry clearance or leave t … o remain for a course of study that is longer than six months.” 11. In paragraph 319D(b)(iv), after “employment” substitute “.” with “,” and insert: “(v) if the Relevant Points Based System Migrant is a Tier 4 Migrant who is following a course of study below degree level study (excluding a foundation degree course), no employment.” 12. After paragraph 319H(h)(iii), insert: “(i) If the Relevant Points Based System Migrant is a Tier 4 Migrant, the Tier 4 Migrant must be applying for or have entry clearance or leave to remain for a course of study that is longer than six months.” 13. In paragraph … ng term-time, and full-time during vacations. Amendments to Rules for family members 7.5 The Immigration Rules are being amended so that a family member of a Tier 4 Migrant who is following a course of study which is six months or less in duration, will not be permitted to accompany the Tier 4 Migrant to the UK. 7.6 In addition, where a Tier 4 Migrant is following a course of study which is below degree level (except for those on a foundation degree course), family members will not be permitted to take employment, unless they qualify in their own right under Tier 1 (General), Tier 2 (General), … 6 (HC 130), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711) and 10 December 2009 (HC 120). The changes in this Statement shall take effect on 3 March 2010. However, if an applicant has made an application for entry clearance or … rsons in, the United Kingdom. 4.3 This Statement of Changes in Immigration Rules has been incorporated into a consolidated version of the Immigration Rules, which can be found under the ‘Policy and Law’ page at: www.ukba.homeoffice.gov.uk, where there are also copies of all the Statements of Changes in Immigration Rules issued since May 2003. 4.2 These changes to the Immigration Rules will come into force on 3 March 2010. However, if an application is made before 3 March, it will be decided in accordance with the Rules in force on 2 March 2010, regardless of the date that decision is made. The","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-tier4-student-work-20100303","countryCode":"GB","country":"United Kingdom","title":"Term-time work limit reduced for specified Tier 4 students","policyEffect":"For applications made from March 3, 2010, Tier 4 General students on courses below degree level, excluding foundation degrees, and Tier 4 Child students aged 16 or over were limited to ten hours of employment per week during term time, reduced from twenty. Full-time vacation employment remained permitted. General students on degree-level or foundation-degree courses retained the twenty-hour term-time limit. Applications made before March 3 retained the previous rules and resulting leave conditions.","operativeDate":"2010-03-03","year":2010,"affectedGroup":"Tier 4 general students below degree level except foundation-degree students, and tier 4 child students aged 16 or over","materialConditionsAndExceptions":"Validated condition or limit: For applications made from March 3, 2010, Tier 4 General students on courses below degree level, excluding foundation degrees, and Tier 4 Child students aged 16 or over were limited to ten hours of employment per week during term time, reduced from twenty.; General students on degree-level or foundation-degree courses retained the twenty-hour term-time limit.; Applications made before March 3 retained the previous rules and resulting leave conditions.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office, official Statement of Changes","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7cde8aed915d71e1e4e213/hc367.pdf","preciseCitation":"HC 367 paragraphs 4–9; memorandum 7.3–7.4; transitional commencement","evidencePassage":"Credit and Qualifications Framework.” 2. In paragraph 245C(f)(xix) after “as a Tier 4 Migrant” substitute “.” with “, or” and add: “(xx) as the Partner of the Relevant Points Based System Migrant if the Relevant Points Based System Migrant is a Tier 4 Migrant.” 3. In paragraph 245ZF(c)(xxi), after “as a Tier 5 (Temporary Worker) Migrant substitute “.” with “, or” and add: “(xxii) as the Partner of the Relevant Points Based System Migrant if the Relevant Points Based System Migrant is a Tier 4 Migrant.” 4. Delete paragraph 245ZW(c)(iii)(1) and substitute: “(1) employment during term time of no … more than 20 hours per week where the student is following a course of degree level study or a foundation degree course, (2) employment during term time of no more than 10 hours per week where the student is following a course of study below degree level study (excluding a foundation degree course),” 5. In paragraph 245ZW(c)(iii), renumber subsequent sub-paragraphs (2) to (5) as (3) to (6). 6. Delete paragraph 245ZY(c)(iii)(1) and substitute: “(1) employment during term time of no more than 20 hours per week where the student is following a course of degree level study or a foundation degree c … ourse, (2) employment during term time of no more than 10 hours per week where the student is following a course of study below degree level study (excluding a foundation degree course),” 7. In paragraph 245ZY(c)(iii), renumber subsequent sub-paragraphs (2) to (5) as (3) to (6). 8. In paragraph 245ZZB(c)(iv)(1) delete “20” and substitute “10”. 9. In paragraph 245ZZD(c)(iv)(1) delete “20” and substitute “10”. 10. After paragraph 319C(h)(iii), insert: “(i) If the Relevant Points Based System Migrant is a Tier 4 Migrant, the Tier 4 Migrant must be applying 3 for or have entry clearance or leave t … dom 1 Border Agency and the Department for Business, Innovation and Skills, were asked to assess whether the current Tier 4 policy strikes the appropriate balance between facilitating the access of genuine students to education in the United Kingdom and preventing abuse by economic migrants. 7.3 The following change to the Immigration Rules is being made to the Tier 4 (General) category, following recommendations stemming from the review: yy A new restriction on students studying courses below degree level (except for those on a foundation degree course), so that such students may only work up … to 10 hours per week during term-time. These students will still be permitted to take full-time employment during their vacation periods, as now. This change is to reinforce the message that the student route is one for study rather than work, and redresses the balance as the rules currently require such students to spend a minimum of 15 hours a week in organised daytime study, but allow them to work 20 hours a week term-time. 7.4 The Tier 4 (Child) Student category is being amended in the same way, so a Tier 4 (Child) Student, aged 16 or over, will be permitted to work 10 hours per week duri … 6 (HC 130), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711) and 10 December 2009 (HC 120). The changes in this Statement shall take effect on 3 March 2010. However, if an applicant has made an application for entry clearance or … rsons in, the United Kingdom. 4.3 This Statement of Changes in Immigration Rules has been incorporated into a consolidated version of the Immigration Rules, which can be found under the ‘Policy and Law’ page at: www.ukba.homeoffice.gov.uk, where there are also copies of all the Statements of Changes in Immigration Rules issued since May 2003. 4.2 These changes to the Immigration Rules will come into force on 3 March 2010. However, if an application is made before 3 March, it will be decided in accordance with the Rules in force on 2 March 2010, regardless of the date that decision is made. The","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-asylum-interview-signature-20100406","countryCode":"GB","country":"United Kingdom","title":"Asylum-interview record signature requirement removed","policyEffect":"For applications governed by the rules taking effect on April 6, 2010, asylum applicants no longer had to be asked to sign their interview record to verify its contents. The associated provision allowing a decision despite failure to approve the record was also deleted. The change removed these requirements rather than the other safeguards for the accuracy of interview records. Applications made before April 6 were covered by the earlier-rules transitional provision.","operativeDate":"2010-04-06","year":2010,"affectedGroup":"Asylum applicants subject to the amended interview-record procedure","materialConditionsAndExceptions":"Validated condition or limit: Applications made before April 6 were covered by the earlier-rules transitional provision.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office, official Statement of Changes","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c22dfed915d0b036b53e6/hc439.pdf","preciseCitation":"HC 439 paragraph 55 and memorandum 7.55","evidencePassage":"eave to remain and has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to any condition restricting their employment, and has been employed during that leave as a Doctor or Dentist in Training.” 52. In paragraph 319E delete “unless the applicant qualifies for leave to remain by virtue of paragraphs 33E to 33F of these Rules”. 53. In paragraph 319J delete “unless the applicant qualifies for leave to remain by virtue of paragraphs 33E to 33F of these Rules”. 54. In paragraph 339D (iii), delete “and” and insert “or”. 55. In paragraph 339NC, delet … erious reasons for considering that they have engaged in one or more of the undesirable behaviours listed in the Directive (such as war crimes or other serious offences), or are a danger to the security or community of the UK. 7.55 Paragraph 339NC (iii) and (iv) of the Immigration Rules are being amended to remove the requirement for an asylum seeker to be asked to sign the interview record after an asylum interview verifying the contents of the interview. This is an unnecessary bureaucratic requirement that adds nothing to the other procedural safeguards that are in place to ensure that the i … nterview record is accurate (such as allowing a legal representative to make comments / clarifications at the end of the interview, tape recording the interview upon request and allowing time for the legal representatives to submit any further information before a decision is made). This change makes redundant the provision that the applicant’s failure to approve the interview record will not stop the Secretary of State from making a decision on that claim, so that is also being deleted. 8 7.56 Paragraph 352 of the Immigration Rules is being amended to clarify the procedures on interviewing un … ), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120) and 10 February 2010 (HC 367). The changes in this Statement shall take effect on 6 April 2010, excepting paragraphs 5, 6, 7, 52 and 53 which shall ta … he Home Secretary, constitute a statement of practice to be followed in the administration of the Immigration Act 1971 for regulating entry into, and stay of persons in, the United Kingdom. 4.2 This Statement of Changes in Immigration Rules has been incorporated into a consolidated version of the Immigration Rules, which can be found under the ‘Policy and Law’ page at: www.ukba.homeoffice.gov.uk, where there are also copies of all the Statements of Changes in Immigration Rules issued since May 2003. 4.3 These changes to the Immigration Rules will come into force on 6 April 2010, excepting para","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-minor-worker-consent-20100406","countryCode":"GB","country":"United Kingdom","title":"Consent safeguards added for sponsored workers under 18","policyEffect":"For applications governed by the rules taking effect on April 6, 2010, Tier 2 and Tier 5 Temporary Worker applicants under 18 needed support from their parents or legal guardian, or one parent with sole legal responsibility. Entry applications also required confirmation of consent to travel, reception and care arrangements; leave-to-remain applications required consent to care arrangements in the UK. Undecided applications made before April 6 remained subject to the statement’s earlier-rules transition.","operativeDate":"2010-04-06","year":2010,"affectedGroup":"Applicants under 18 in the tier 2 and tier 5 temporary worker routes","materialConditionsAndExceptions":"Validated condition or limit: Entry applications also required confirmation of consent to travel, reception and care arrangements; leave-to-remain applications required consent to care arrangements in the UK.; Undecided applications made before April 6 remained subject to the statement’s earlier-rules transition.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office, official Statement of Changes","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c22dfed915d0b036b53e6/hc439.pdf","preciseCitation":"HC 439 paragraphs 25, 28, 38 and 41; memorandum 7.17–7.18 and 7.31–7.32","evidencePassage":"employed during that leave as a Doctor or Dentist in Training.” 23. In paragraph 245ZZB(b)(ii)(3) delete “2” substitute with “3”. 24. In paragraph 245ZZD(b)(ii)(3) delete “2” substitute with “3”. 25. After paragraph 245ZD(h) insert: “(i) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child. (j) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or just one parent if that parent has sole responsibility fo … licant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child. (q) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant’s care in the UK.” (r) If the Sponsor is a limited company, the applicant must not own more than 10% of its shares unless applying as a Tier 2 (Intra-Company Transf … ) insert: “(d) no employment as a Doctor or Dentist in Training, unless the applicant has obtained a degree in medicine or dentistry at bachelor’s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System, and” 37. In paragraph 245ZL renumber subsequent paragraph (d) as (e). 38. After paragraph 245ZO(c) insert: “(d) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian, or by just one parent if that parent has sole legal responsibili … rganisation for which his most recent period of leave was granted.” 41. After paragraph 245ZQ(e) insert: “(f) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child. (g) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant’s care in the UK.” 42. Delete paragraph 2 … igher level of English than they have previously proven). 7.17 Tier 2 migrants may be aged 16 and above. Under Section 55 of the Borders, Citizenship and Immigration Act 2009, the UK Border Agency must have regard to the need to safeguard children and to promote their welfare. Protection arrangements are being introduced for Tier 2 migrants under the age of 18, in line with the existing protection arrangements for Tier 4 migrants under the age of 18. 7.18 These protection arrangements allow leave to be granted to an applicant under 18 only where the applicant’s parents or legal guardian, or ju … st one parent if that parent has sole responsibility for the child, confirm that they support the application and consent to the arrangements for the applicant’s travel to, and reception and care in, the UK. Amendments to Tier 4 of the Points Based System 7.19 Tier 4 of the Points Based System caters for students, and was launched on 31 March 2009. Tier 4 consists of two categories: Tier 4 (General) students and Tier 4 (Child) students. 7.20 The Prime Minister’s review of Tier 4 was prompted by concerns about the sharp rise in student applications since the introduction of Tier 4. The review t … pplying as a Tier 2 (Sportsperson) Migrant, the applicant must have a minimum of 50 points under paragraphs 93 to 100 of Appendix A. (m) The applicant must have a minimum of 10 points under paragraphs 4 to 6 of Appendix B, unless the applicant: (i) is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant, and (ii) is not seeking a grant of leave to remain that would extend his total stay in this category beyond 3 years. (n) The applicant must have a minimum of 10 points under paragraphs 4 to 5 of Appendix C. (o) The applicant must be at least 16 years old. (p) Where the app … ) migrants. 7.30 In line with the change for Tier 2 (Sportsperson) Migrants, a change is being made to allow Tier 5 (Temporary Worker) Migrants in the Creative and Sporting sub-category to play for their national side whilst the national side is in the United Kingdom, without being required to make a further application. 7.31 There is no minimum age limit for Tier 5 (Temporary Worker) migrants. Under Section 55 of the Borders, Citizenship and Immigration Act 2009, the UK Border Agency must have regard to the need to safeguard children and to promote their welfare. Protection arrangements are b … eing introduced for Tier 5 (Temporary Worker) migrants under the age of 18, in line with the existing protection arrangements for Tier 4 migrants under the age of 18. 5 7.32 These protection arrangements allow leave to be granted to an applicant under 18 only where the applicant’s parents or legal guardian, or just one parent if that parent has sole responsibility for the child, confirm that they support the application and consent to the arrangements for the applicant’s travel to, and reception and care in, the UK. Amendments to Representatives of Overseas Businesses category 7.33 A technical","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-tier1-earlier-english-20100406","countryCode":"GB","country":"United Kingdom","title":"Earlier qualifying grants recognised for specified Tier 1 English-language criteria","policyEffect":"From April 6, 2010, the specified Tier 1 English-language provisions permitted reliance on a qualifying grant of leave at any earlier time, rather than requiring it to be the most recent grant. The listed prior categories were Tier 1 General, Tier 1 Entrepreneur and Business Person, or Highly Skilled Migrant leave granted under rules incorporating the changes effective December 5, 2006. This did not establish a blanket exemption from higher English requirements in another category. Undecided applications made before April 6 remained subject to the earlier rules.","operativeDate":"2010-04-06","year":2010,"affectedGroup":"Applicants meeting the specified tier 1 english-language criteria through qualifying previous grants of leave","materialConditionsAndExceptions":"Validated condition or limit: Undecided applications made before April 6 remained subject to the earlier rules.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office, official Statement of Changes","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c22dfed915d0b036b53e6/hc439.pdf","preciseCitation":"HC 439 paragraph 83; memorandum 7.6","evidencePassage":"a Certificate of Sponsorship, and is continuing to work in 50 the same job for the same Sponsor at the same (or higher) salary 74. In Appendix A, in paragraph 81, delete “and 70” and substitute “and 69(c) and (d)”. 75. In Appendix A, delete paragraph 82 and substitute: “82. No points will be awarded for sponsorship unless: (a) (i) \u0007the job that the Certificate of Sponsorship Checking Service entry records that the person is being sponsored to do appears on the United Kingdom Border Agency’s list of Skilled occupations. (ii) the applicant is a Senior Care Worker or an Established Entertainer, ( … d to include employment as a dentist in training, to correct a previous oversight. 2 yy Secondly, non-EEA nationals who have a degree in medicine or dentistry from a UK educational institution are being exempted from this restriction, and may therefore work as a doctor or dentist in training. yy Thirdly, the Tier 1 (Post-Study Work) criteria are being amended to enable doctors and dentists to use this category on completion of their Foundation Programme training, which they undertake under Tier 4 of the Points-Based System. 7.6 The effect of the current rules is that if an applicant proved the … ir English language skills in an earlier application that was not their most recent application, they must prove those skills again when applying for further leave. This is contrary to the policy intention which is that if an applicant has met the English language requirement once, they will not need to prove their English language skills in subsequent applications unless they are applying in a category that requires a higher level of English than they have previously proven. Amendments to Tier 2 of the Points Based System 7.7 Tier 2 of the Points-Based System caters for skilled workers with a … five year period for settlement. This corrects an oversight in HC 1113. 7.16 Applicants are not required to prove their English language skills if they have proven those skills in their last application. However, as under Tier 1, the effect of the current Rules is that if an applicant proved their English language skills in an earlier application that was not their last application, they would be required to prove those skills again. An amendment is being made to the English language requirement so that this is no longer the case (unless the migrant is applying in a category that requires a h … ), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120) and 10 February 2010 (HC 367). The changes in this Statement shall take effect on 6 April 2010, excepting paragraphs 5, 6, 7, 52 and 53 which shall ta … he Home Secretary, constitute a statement of practice to be followed in the administration of the Immigration Act 1971 for regulating entry into, and stay of persons in, the United Kingdom. 4.2 This Statement of Changes in Immigration Rules has been incorporated into a consolidated version of the Immigration Rules, which can be found under the ‘Policy and Law’ page at: www.ukba.homeoffice.gov.uk, where there are also copies of all the Statements of Changes in Immigration Rules issued since May 2003. 4.3 These changes to the Immigration Rules will come into force on 6 April 2010, excepting para","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-child-duration-20100406","countryCode":"GB","country":"United Kingdom","title":"Higher duration limit for older Tier 4 Child students","policyEffect":"For applications governed by the rules taking effect on April 6, 2010, the duration limit in the specified Tier 4 Child entry-clearance and leave-to-remain provisions was increased from two to three years for applicants aged 16 or 17. This records the amended duration limit, not a guaranteed grant of three years or the complete calculation of total leave. Applications made before April 6 were covered by the earlier-rules transitional provision.","operativeDate":"2010-04-06","year":2010,"affectedGroup":"Tier 4 child applicants aged 16 or 17","materialConditionsAndExceptions":"Validated condition or limit: For applications governed by the rules taking effect on April 6, 2010, the duration limit in the specified Tier 4 Child entry-clearance and leave-to-remain provisions was increased from two to three years for applicants aged 16 or 17.; This records the amended duration limit, not a guaranteed grant of three years or the complete calculation of total leave.; Applications made before April 6 were covered by the earlier-rules transitional provision.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office, official Statement of Changes","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c22dfed915d0b036b53e6/hc439.pdf","preciseCitation":"HC 439 paragraphs 23–24 and memorandum 7.23","evidencePassage":"employed during that leave as a Doctor or Dentist in Training.” 23. In paragraph 245ZZB(b)(ii)(3) delete “2” substitute with “3”. 24. In paragraph 245ZZD(b)(ii)(3) delete “2” substitute with “3”. 25. After paragraph 245ZD(h) insert: “(i) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child. (j) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or just one parent if that parent has sole responsibility fo … nge to the Tier 4 (Child) category to extend the maximum period of leave granted to applicants aged 16 or 17, from 2 years to 3 years. This change means that, with the introduction of the new Highly Trusted Sponsor category, sponsors of lower-risk Tier 4 (Child) students will be able to offer programmes at National Qualifications Framework (NQF) level 3 and equivalents to these students, as well as any preparatory courses required beforehand, under the Tier 4 (Child) category. 7.24 In the light of the introduction of the new Highly Trusted Sponsor category from 6 April 2010, the Rules are also … e the child is (or will be) studying at a non-residential independent school, is under 10 the age of 12 and is (or will be) accompanied by a parent, sufficient funds are available to the applicant to pay school fees for an academic year, plus: yy if no other children are accompanying the applicant and the parent, £1333 per month of stay up to a maximum of nine months; or yy if other children are accompanying the applicant and the parent, £1333 per month, plus £533 per month for each additional child, up to a maximum of nine months. 18 Where the child is aged 16 or 17 years old and is living in … ), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120) and 10 February 2010 (HC 367). The changes in this Statement shall take effect on 6 April 2010, excepting paragraphs 5, 6, 7, 52 and 53 which shall ta … he Home Secretary, constitute a statement of practice to be followed in the administration of the Immigration Act 1971 for regulating entry into, and stay of persons in, the United Kingdom. 4.2 This Statement of Changes in Immigration Rules has been incorporated into a consolidated version of the Immigration Rules, which can be found under the ‘Policy and Law’ page at: www.ukba.homeoffice.gov.uk, where there are also copies of all the Statements of Changes in Immigration Rules issued since May 2003. 4.3 These changes to the Immigration Rules will come into force on 6 April 2010, excepting para","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-ict-graduate-trainee-20100406","countryCode":"GB","country":"United Kingdom","title":"ICT Graduate Trainee sub-category introduced","policyEffect":"From April 6, 2010, the Tier 2 Intra-Company Transfer Graduate Trainee sub-category provided a route for eligible sponsored workers in a listed graduate occupation forming part of a structured graduate training programme. The applicant needed three continuous months working for the sponsor outside the UK immediately before applying. Entry clearance was limited to the shorter of the engagement plus one month or one year. Applicable salary, sponsorship and other immigration requirements still applied. Undecided applications made before April 6 remained subject to the earlier rules.","operativeDate":"2010-04-06","year":2010,"affectedGroup":"Eligible sponsored graduate trainees with the required prior overseas service","materialConditionsAndExceptions":"Validated condition or limit: From April 6, 2010, the Tier 2 Intra-Company Transfer Graduate Trainee sub-category provided a route for eligible sponsored workers in a listed graduate occupation forming part of a structured graduate training programme.; The applicant needed three continuous months working for the sponsor outside the UK immediately before applying.; Entry clearance was limited to the shorter of the engagement plus one month or one year.; Undecided applications made before April 6 remained subject to the earlier rules.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office, official Statement of Changes","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c22dfed915d0b036b53e6/hc439.pdf","preciseCitation":"HC 439 paragraphs 27, 70–71 and memorandum 7.8","evidencePassage":"r the child, must confirm that they consent to the arrangements for the applicant’s travel to, and reception and care in, the UK.” 26. In paragraph 245ZD renumber subsequent paragraph (i) to (k). 27. Delete paragraph 245ZE and substitute: “(a) If the applicant is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category, entry clearance will be granted for: (i) a period equal to the length of the period of engagement plus 1 month, or (ii) a period of 1 year, whichever is the shorter. (b) If the applicant is applying as a Tier 2 (Intra-Company Transfer) Migrant … y Transfer) Migrant in the Graduate Trainee sub-category, leave to remain will be granted for: (i) the length of the period of engagement plus 14 days, or (ii) the difference between the period that the applicant has already spent in the UK since his last grant of entry clearance or leave to enter as a Tier 2 (Intra-Company Transfer) Migrant and 12 months, whichever is the shorter. If the calculation of period of leave comes to zero or a negative number, leave to remain will be refused. (d) If the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Ski … ill be paid is at or above the appropriate rate for the job as stated in guidance published by the United Kingdom Border Agency, (c) if the applicant is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub- category, the job that the Certificate of Sponsorship Checking Service entry records that the person is being sponsored to do: (i) appears on the United Kingdom Border Agency’s list of graduate occupations, and (ii) is part of a structured graduate training programme as defined in United Kingdom Border Agency guidance, (d) if the applicant is applying as a Tier … ion leave, or (2) working for the sponsor in the UK as a Tier 2 (Intra-Company Transfer) Migrant in either of the Graduate Trainee or Skills Transfer sub-categories, an aggregated period of at least 12 months within the 24 month period immediately prior to the date of application. (c) If the applicant is applying in the Graduate Trainee sub-category, he must have been working for the Sponsor outside the UK for a continuous period of 3 months immediately prior to the date of application, and must provide the specified documents to prove this.” 72. In Appendix A, delete paragraphs 75 to 77 and s … ), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120) and 10 February 2010 (HC 367). The changes in this Statement shall take effect on 6 April 2010, excepting paragraphs 5, 6, 7, 52 and 53 which shall ta … ke effect on 7 April 2010. However, if an applicant has made an application for entry clearance or leave to enter or remain before 6 April and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 5 April 2010 or in the case of paragraphs 5, 6, 7, 52 and 53 on 6 April. 1. In paragraph 6, in the definition of “foundation degree”, after “…qualification awarded by” delete “a UK higher education institution with degree awarding powers which is at a minimum of level 5 on the revised National Qualifications Framework, or level 8 on the Sco … he Home Secretary, constitute a statement of practice to be followed in the administration of the Immigration Act 1971 for regulating entry into, and stay of persons in, the United Kingdom. 4.2 This Statement of Changes in Immigration Rules has been incorporated into a consolidated version of the Immigration Rules, which can be found under the ‘Policy and Law’ page at: www.ukba.homeoffice.gov.uk, where there are also copies of all the Statements of Changes in Immigration Rules issued since May 2003. 4.3 These changes to the Immigration Rules will come into force on 6 April 2010, excepting para … graphs 5, 6, 7, 52 and 53 which shall take effect on 7 April 2010. However, if an applicant has made an application for entry clearance or leave to enter or remain before 6 April and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 5 April 2010 or in the case of paragraphs 5, 6, 7, 52 and 53 on 6 April. 1 5. Territorial Extent and Application 5.1 This instrument applies to all of the United Kingdom. 6. European Convention on Human Rights 6.1 As this Statement of Changes in the Immigration Rules is subject to the negative resolut","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-ict-skills-transfer-20100406","countryCode":"GB","country":"United Kingdom","title":"ICT Skills Transfer sub-category introduced","policyEffect":"From April 6, 2010, the Tier 2 Intra-Company Transfer Skills Transfer sub-category provided a route for eligible sponsored workers in a listed graduate occupation solely to transfer skills to or from the sponsor’s UK work environment. The appointment had to be additional to staffing requirements: the role would not exist without the skills-transfer need. No qualifying prior-service period was required. Entry clearance was limited to the shorter of the engagement plus one month or six months. Applicable salary, sponsorship and other immigration requirements still applied. Undecided applications made before April 6 remained subject to the earlier rules.","operativeDate":"2010-04-06","year":2010,"affectedGroup":"Eligible sponsored workers undertaking a qualifying skills-transfer appointment","materialConditionsAndExceptions":"Validated condition or limit: From April 6, 2010, the Tier 2 Intra-Company Transfer Skills Transfer sub-category provided a route for eligible sponsored workers in a listed graduate occupation solely to transfer skills to or from the sponsor’s UK work environment.; No qualifying prior-service period was required.; Entry clearance was limited to the shorter of the engagement plus one month or six months.; Undecided applications made before April 6 remained subject to the earlier rules.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office, official Statement of Changes","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c22dfed915d0b036b53e6/hc439.pdf","preciseCitation":"HC 439 paragraphs 27, 70–71 and memorandum 7.11","evidencePassage":"r the child, must confirm that they consent to the arrangements for the applicant’s travel to, and reception and care in, the UK.” 26. In paragraph 245ZD renumber subsequent paragraph (i) to (k). 27. Delete paragraph 245ZE and substitute: “(a) If the applicant is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category, entry clearance will be granted for: (i) a period equal to the length of the period of engagement plus 1 month, or (ii) a period of 1 year, whichever is the shorter. (b) If the applicant is applying as a Tier 2 (Intra-Company Transfer) Migrant … in the Skills Transfer sub- category, entry clearance will be granted for: (i) a period equal to the length of the period of engagement plus 1 month, or (ii) a period of 6 months, whichever is the shorter. (c) In all other cases, entry clearance will be granted for: (i) a period equal to the length of the period of engagement plus 1 month, or (ii) a period of 3 years and 1 month, whichever is the shorter. (d) Entry clearance will be granted with effect from 14 days before the date that the Certificate of Sponsorship Checking Service records as the start date for the applicant’s employment in t … remain as a Tier 2 (Intra-Company Transfer) Migrant in the Skills Transfer sub-category: 7 (i) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Skills Transfer sub-category, (ii) the applicant must still be working for the same employer as he was at the time of that earlier grant of leave.” (e) If the applicant is applying for leave to remain as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, the applicant must have, or have last bee … 2 (Intra-Company Transfer) Migrant in the Skills Transfer sub- category, the job that the Certificate of Sponsorship Checking Service entry records that the person is being sponsored to do: (i) appears on the United Kingdom Border Agency’s list of graduate occupations, and (ii) is for the sole purpose of transferring skills to or from the Sponsor’s UK work environment. The appointment must be additional to staffing requirements, that is the role in the UK would not exist but for the need for skills transfer.” 71. In Appendix A, delete paragraph 72 and substitute: “72. In order for the applican … ), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120) and 10 February 2010 (HC 367). The changes in this Statement shall take effect on 6 April 2010, excepting paragraphs 5, 6, 7, 52 and 53 which shall ta … ke effect on 7 April 2010. However, if an applicant has made an application for entry clearance or leave to enter or remain before 6 April and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 5 April 2010 or in the case of paragraphs 5, 6, 7, 52 and 53 on 6 April. 1. In paragraph 6, in the definition of “foundation degree”, after “…qualification awarded by” delete “a UK higher education institution with degree awarding powers which is at a minimum of level 5 on the revised National Qualifications Framework, or level 8 on the Sco","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-forces-partner-age-20100406","countryCode":"GB","country":"United Kingdom","title":"Lower partner-visa age threshold for serving HM Forces","policyEffect":"From April 6, 2010, the minimum age threshold for both partners was lowered from 21 to 18 where either party was a serving member of HM Forces. The change covered spouses, civil partners, unmarried or same-sex partners, fiance(e)s and proposed civil partners under the specified partner provisions. Other applicable immigration requirements remained in force. Applications made before April 6 were covered by the earlier-rules transitional provision.","operativeDate":"2010-04-06","year":2010,"affectedGroup":"Serving members of hm forces and their partners within the specified partner-visa provisions","materialConditionsAndExceptions":"Validated condition or limit: From April 6, 2010, the minimum age threshold for both partners was lowered from 21 to 18 where either party was a serving member of HM Forces.; Applications made before April 6 were covered by the earlier-rules transitional provision.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office, official Statement of Changes","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c22dfed915d0b036b53e6/hc439.pdf","preciseCitation":"HC 439 paragraphs 47–49 and memorandum 7.48–7.51","evidencePassage":"rusted Sponsor.” 46. In paragraph 245ZY(c)(iii) delete “or employed as a Doctor in Training” and substitute “or employed as a Doctor or Dentist in Training”. 47. In paragraph 277 after “the applicant or the sponsor will be aged under 21”, add: “(or aged under 18 if either party is a serving member of HM Forces).” 48. In paragraph 289AA after “the applicant or the sponsor will be aged under 21”, add: “(or aged under 18 if either party is a serving member of HM Forces) .” 49. In paragraph 295AA after “the applicant or sponsor will be aged under 21” , add: “(or aged under 18 if either party is a … leave outside the rules in appropriate cases. However whilst leave can be granted outside the rules e.g. in compelling compassionate circumstances or on Article 8 ECHR grounds, this may not offer the certainty that a member of the armed forces on operational duties requires. 7 7.48 The following change to the Immigration Rules is being made to the marriage visa rules: yy Introduce a change to the marriage visa age policy for British and foreign national serving members of the HM forces and their spouses, civil partners, unmarried or same sex partners, fiancé(e)s or proposed civil partners so t … ), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120) and 10 February 2010 (HC 367). The changes in this Statement shall take effect on 6 April 2010, excepting paragraphs 5, 6, 7, 52 and 53 which shall ta … he Home Secretary, constitute a statement of practice to be followed in the administration of the Immigration Act 1971 for regulating entry into, and stay of persons in, the United Kingdom. 4.2 This Statement of Changes in Immigration Rules has been incorporated into a consolidated version of the Immigration Rules, which can be found under the ‘Policy and Law’ page at: www.ukba.homeoffice.gov.uk, where there are also copies of all the Statements of Changes in Immigration Rules issued since May 2003. 4.3 These changes to the Immigration Rules will come into force on 6 April 2010, excepting para","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-monaco-yms-20100406","countryCode":"GB","country":"United Kingdom","title":"Monaco added to the Youth Mobility Scheme","policyEffect":"From April 6, 2010, Monaco was added to the participating countries listed for the Youth Mobility Scheme. Access remained subject to the scheme’s other eligibility requirements. Applications made before April 6 were covered by the statement’s transitional provision for the earlier rules.","operativeDate":"2010-04-06","year":2010,"affectedGroup":"Applicants relying on monaco’s participation in the youth mobility scheme","materialConditionsAndExceptions":"Validated condition or limit: Access remained subject to the scheme’s other eligibility requirements.; Applications made before April 6 were covered by the statement’s transitional provision for the earlier rules.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office, official Statement of Changes","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c22dfed915d0b036b53e6/hc439.pdf","preciseCitation":"HC 439 paragraph 92 and memorandum 7.57","evidencePassage":"a maximum of two months. 91. In Appendix C, after re-numbered paragraph 19 insert: “20. An applicant will have an established presence studying in the United Kingdom if the applicant has completed a course that was at least six months long within their last period of leave as a Tier 4 migrant or a student, and this course finished within the last four months, or the applicant is applying for continued study on a course where the applicant has completed at least six months of that course and has been studying within the last four months.” 92. In Appendix G, after “New Zealand” add “Monaco”. 19 … on system; to introduce protection arrangements for Tier 2 and Tier 5 migrants under the age of 18; to amend the Knowledge of Language and UK Life provisions of the Rules; to make amendments to the marriage visa age policy so that the current requirement that both the sponsor and the person being sponsored for a marriage visa must be aged 21 or over is lowered to 18 or over for serving members of the armed forces and their partners; to make minor amendments to the Immigration Rules in respect of asylum; and to add Monaco to the list of Tier 5 Youth Mobility Scheme countries in the Rules. 3. Ma … continued again on another day. However, a child who does not wish to continue with their asylum interview will not have to. Tier 5 Youth Mobility Scheme 7.57 Monaco meets all the eligibility criteria for inclusion in the Youth Mobility Scheme and has accepted the Government’s invitation to join the Scheme. It is therefore being added to the list of participating YMS countries set out in Appendix G of the Immigration Rules 8. Consultation 8.1 The Migration Advisory Committee held extensive public consultations prior to recommending the changes to Tier 1 and Tier 2 of the Points-Based System im … ), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120) and 10 February 2010 (HC 367). The changes in this Statement shall take effect on 6 April 2010, excepting paragraphs 5, 6, 7, 52 and 53 which shall ta … ke effect on 7 April 2010. However, if an applicant has made an application for entry clearance or leave to enter or remain before 6 April and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 5 April 2010 or in the case of paragraphs 5, 6, 7, 52 and 53 on 6 April. 1. In paragraph 6, in the definition of “foundation degree”, after “…qualification awarded by” delete “a UK higher education institution with degree awarding powers which is at a minimum of level 5 on the revised National Qualifications Framework, or level 8 on the Sco … he Home Secretary, constitute a statement of practice to be followed in the administration of the Immigration Act 1971 for regulating entry into, and stay of persons in, the United Kingdom. 4.2 This Statement of Changes in Immigration Rules has been incorporated into a consolidated version of the Immigration Rules, which can be found under the ‘Policy and Law’ page at: www.ukba.homeoffice.gov.uk, where there are also copies of all the Statements of Changes in Immigration Rules issued since May 2003. 4.3 These changes to the Immigration Rules will come into force on 6 April 2010, excepting para … graphs 5, 6, 7, 52 and 53 which shall take effect on 7 April 2010. However, if an applicant has made an application for entry clearance or leave to enter or remain before 6 April and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 5 April 2010 or in the case of paragraphs 5, 6, 7, 52 and 53 on 6 April. 1 5. Territorial Extent and Application 5.1 This instrument applies to all of the United Kingdom. 6. European Convention on Human Rights 6.1 As this Statement of Changes in the Immigration Rules is subject to the negative resolut","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-researcher-tier5-transition-20100406","countryCode":"GB","country":"United Kingdom","title":"Sponsored researchers permitted to switch from qualifying work permits into Tier 5","policyEffect":"From April 6, 2010, the specified Tier 5 leave-to-remain provision allowed a qualifying work permit holder to switch where the prior permit was for employment as a sponsored researcher, the new sponsorship was in the Government Authorised Exchange sub-category, and the applicant continued with the same organisation for which the most recent leave had been granted. Other applicable requirements remained in force. Undecided applications made before April 6 remained subject to the earlier rules.","operativeDate":"2010-04-06","year":2010,"affectedGroup":"Qualifying work permit holders employed as sponsored researchers continuing with the same organisation","materialConditionsAndExceptions":"Validated condition or limit: Undecided applications made before April 6 remained subject to the earlier rules.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office, official Statement of Changes","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c22dfed915d0b036b53e6/hc439.pdf","preciseCitation":"HC 439 paragraph 40; memorandum 7.28","evidencePassage":"f Tier 5 (Temporary Workers), employment as a sportsperson for his national team while his national team is in the UK.” 10 40. In paragraph 245ZQ(b), after (iv) insert: “(v) as a Qualifying Work Permit Holder, provided (1) the applicant was previously issued with a work permit for the purpose of employment as a sponsored researcher, and (2) the Certificate of Sponsorship Checking Service reference for which he is being awarded points in this application shows he is being sponsored in the government authorised exchange sub-category, and (3) the applicant is continuing employment with the same o … ), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120) and 10 February 2010 (HC 367). The changes in this Statement shall take effect on 6 April 2010, excepting paragraphs 5, 6, 7, 52 and 53 which shall ta","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-dce2690d262a0798b206","countryCode":"GB","country":"United Kingdom","title":"Interim Limits on Tier 2 (General) Certificates of Sponsorship (HC 96)","policyEffect":"Inserted paragraph 63A into Appendix A of the Immigration Rules to enable the Secretary of State to place numerical limits on the total number of Certificates of Sponsorship (CoS) available to be assigned to licensed sponsors under Tier 2, and to limit allocations to individual sponsors.","operativeDate":"2010-07-19","year":2010,"affectedGroup":"Sponsored skilled workers under tier 2","materialConditionsAndExceptions":"Validated condition or limit: Inserted paragraph 63A into Appendix A of the Immigration Rules to enable the Secretary of State to place numerical limits on the total number of Certificates of Sponsorship (CoS) available to be assigned to licensed sponsors under Tier 2, and to limit allocations to individual sponsors.","policyCategory":"Admission / skilled labor migration","policyTool":"Sponsor quota / numerical cap on certificates of sponsorship","sourceName":"assets.publishing.service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c5341e5274a1b0042301d/hc96.pdf","preciseCitation":"","evidencePassage":"In Appendix A, after the heading “Sponsorship” and before paragraph 63, insert: “63A. The Secretary of State shall be entitled to limit the number of Certificates of Sponsorship available to be assigned to Sponsors in any one period, and to limit the number of Certificates of Sponsorship assigned to any specific Sponsor in any one period. These limits will be specified in the Points Based System guidance.” … The changes in this Statement shall take effect on 19 July 2010. … The purpose of these changes is to set out provision in the Immigration Rules for the Secretary of State to limit the number of migrants who may be sponsored under Tier 2. … These limits will be specified in the Points Based System guidance.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-29269cf4cf43cd236988","countryCode":"GB","country":"United Kingdom","title":"Permission to Work for Asylum Applicants and Fresh Claimants (Cm 7929)","policyEffect":"Amended Part 11 of the Immigration Rules regarding permission to work for asylum seekers whose initial applications remain undecided after 12 months, and extended access to apply for work permission to failed asylum seekers who lodged fresh representations outstanding for over 12 months, restricted to jobs on the shortage occupation list.","operativeDate":"2010-09-09","year":2010,"affectedGroup":"Asylum applicants and individuals who make further submissions raising asylum grounds where decisions have not been taken within one year","materialConditionsAndExceptions":"Validated condition or limit: Amended Part 11 of the Immigration Rules regarding permission to work for asylum seekers whose initial applications remain undecided after 12 months, and extended access to apply for work permission to failed asylum seekers who lodged fresh representations outstanding for over 12 months, restricted to jobs on the shortage occupation list.","policyCategory":"Asylum / humanitarian protection / work authorization","policyTool":"Access to labor market / employment authorization","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7b9e6040f0b62826a04bba/cm7929.pdf","preciseCitation":"Statement of Changes in Immigration Rules Cm 7929, effective 9 September 2010","evidencePassage":"The changes set out in paragraph 1 in this Statement shall take effect on 9 September 2010. … 360 An asylum applicant may apply to the Secretary of State for permission to take up employment if a decision at first instance has not been taken on the applicant’s asylum application within one year of the date on which it was recorded. … 360C Where an individual makes further submissions which raise asylum grounds and which fall to be considered under paragraph 353 of these Rules, that individual may apply to the Secretary of State for permission to take up employment if a decision pursuant to paragaph 353 of these Rules has not been taken on the further submissions within one year of the date on which they were recorded. … 360A If permission to take up employment is granted under paragraph 360, that permission will be subject to the following restrictions: (i) employment may only be taken up in a post which is, at the time an offer of employment is accepted, included on the list of shortage occupations published by the United Kingdom Border Agency (as that list is amended from time to time); (ii) no work in a self-employed capacity; and (iii) no engagement in setting up a business. … 360D If permission to take up employment is granted under paragraph 360C, that permission will be subject to the following restrictions: (i) employment may only be taken up in a post which is, at the time an offer of employment is accepted, included on the list of shortage occupations published by the United Kingdom Border Agency (as that list is amended from time to time); (ii) no work in a self-employed capacity; and (iii) no engagement in setting up a business. … The Secretary of State shall only consider such an application if, in the Secretary of State’s opinion, any delay in reaching a decision at first instance cannot be attributed to the applicant. … The Secretary of State shall only consider such an application if, in the Secretary of State’s opinion, any delay in reaching a decision pursuant to paragraph 353 of these Rules cannot be attributed to the individual. … These changes do not apply to an asylum applicant who has permission to take up employment as at 8 September 2010. These changes do not apply to an asylum applicant to whom paragraphs 360 and 360A of these rules changes would otherwise apply but who has applied for permission to take up employment prior to 9 September 2010","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-897d3586af5cf8e9df6f","countryCode":"GB","country":"United Kingdom","title":"Statement of Changes in Immigration Rules (Cm 7944) - English Language Requirement for Partners","policyEffect":"Introduced a mandatory English language requirement (CEFR level A1 in speaking and listening) for applicants seeking entry clearance or leave to enter or remain as the spouse, civil partner, unmarried partner, same-sex partner, fiancée or proposed civil partner of a British citizen or settled person, with specified exemptions including nationals of certain countries, those with degrees taught in research/English, age 65 or over, physical or mental condition, or exceptional compassionate circumstances.","operativeDate":"2010-11-29","year":2010,"affectedGroup":"Spouse, civil partner, unmarried partner, same-sex partner, fiancée or proposed civil partner of a british citizen or a person settled in the united kingdom","materialConditionsAndExceptions":"Validated condition or limit: Introduced a mandatory English language requirement (CEFR level A1 in speaking and listening) for applicants seeking entry clearance or leave to enter or remain as the spouse, civil partner, unmarried partner, same-sex partner, fiancée or proposed civil partner of a British citizen or settled person, with specified exemptions including nationals of certain countries, those with degrees taught in research/English, age 65 or over, physical or mental condition, or exceptional compassionate circumstances.","policyCategory":"Legal entry and stay","policyTool":"Entry visa / stay permit","sourceName":"assets.publishing.service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c2ae5e5274a1f5cc763a3/cm7944.pdf","preciseCitation":"","evidencePassage":"the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) … The changes in paragraphs 6 to 20 shall take effect on 29 November 2010. … as the spouse, civil partner, unmarried partner, same-sex partner, fiancée or proposed civil partner of a British citizen or a person settled in the United Kingdom … unless: (a) the applicant is aged 65 or over at the time he makes his application; or (b) the Secretary of State considers that the applicant has a physical or mental condition that would prevent him from meeting the requirement; or; (c) the Secretary of State considers there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or” (iii) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or (iv) the applicant has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s degree in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or (v) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s degree in the UK, and (1) provides the specified evidence to show he has the qualification, and (2) UK NARIC has confirmed that the degree was taught or researched in English, or (vi) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s degree in the UK, and provides the specified evidence to show: (1) he has the qualification, and (2) that the qualification was taught or researched in English. … However, if an applicant has made an application for entry clearance or leave to enter or remain as the spouse, civil partner, unmarried partner, same- sex partner, fiancée or proposed civil partner of a British citizen or a person settled in the United Kingdom and the application has not been decided before the 29 November 2010, it will be decided in accordance with the Rules in force on 28 November 2010.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-tier2-interim-allocation-20101221","countryCode":"GB","country":"United Kingdom","title":"Tier 2 General interim certificate allocation specified in the Immigration Rules","policyEffect":"From December 21, 2010, the Immigration Rules set a Tier 2 General interim limit of 10,832 Certificates of Sponsorship for the period through April 5, 2011 inclusive. Unused pre-December 21 sponsor allocations were withdrawn and replaced under the prescribed allocation calculation, with part of the total available through an Exceptional Consideration Process. The measure put the numerical limit and allocation framework into the Rules following the court finding that specifying the limit in guidance did not give the earlier policy legal effect.","operativeDate":"2010-12-21","year":2010,"affectedGroup":"Sponsors seeking certificates of sponsorship for tier 2 general migrants during the specified interim period","materialConditionsAndExceptions":"Validated condition or limit: From December 21, 2010, the Immigration Rules set a Tier 2 General interim limit of 10,832 Certificates of Sponsorship for the period through April 5, 2011 inclusive.; The measure put the numerical limit and allocation framework into the Rules following the court finding that specifying the limit in guidance did not give the earlier policy legal effect.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office, official Statement of Changes","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7569c0e5274a467f7e4542/hc698.pdf","preciseCitation":"HC 698 paragraphs 1, 16–17, Appendix A 63B–63J and memorandum 3.13–3.14","evidencePassage":"low)”. 16. In Appendix A, paragraph 63A delete “These limits will be specified in the Points Based System guidance”. 17. In Appendix A, insert: 63B. The Tier 2 Interim Limit is 10,832. 63C. The Tier 2 Interim Limit applies in the period from 21 December 2010 until 5 April 2011 (inclusive). 63D. The Tier 2 Interim Limit consists of: (i) The number of Certificates of Sponsorship to be assigned by the Secretary of State to a Sponsor in accordance with paragraph 63F below; and (ii) The number of Certificates of Sponsorship not assigned to Sponsors pursuant to paragraphs 63D(i) and 63F, but availab … le to be assigned under the Exceptional Consideration Process. 63E. All Certificates of Sponsorship that have been assigned by the Secretary of State to a Sponsor prior to 21 December 2010 and which have not been assigned by the Sponsor to a Tier 2 (General) Migrant prior to 21 December 2010 are withdrawn and the only Certificates of Sponsorship assigned to any Sponsor under the Tier 2 Interim Limit are the Certificates of Sponsorship assigned in accordance with the calculation in paragraph 63F. 63F. The number in paragraph 63D(i) is calculated as follows: (i) The number of Certificates of Spo … nsorship assigned by the Sponsor to a Tier 2 (General) Migrant between 19 July 2009 and 31 March 2010 is identified by the Secretary of State; (ii) Where the number in 63F(i) is 0, the Secretary of State shall assign 0 Certificates of Sponsorship to the Sponsor under the Tier 2 Interim Limit; (iii) Where the number in 63F(i) is 1, the Secretary of State shall assign to the Sponsor a number of Certificates of Sponsorship that is equal to 1 minus the number of Certificates of Sponsorship assigned by that Sponsor to Tier 2 General Migrants during the period 19 July 2010 to 20 December 2010; (iv) … Where the number in 63F(i) is between 2 and 5 (inclusive), the Secretary of State shall assign to the Sponsor a number of Certificates of Sponsorship that is the number in 63F(i) minus (a) 1; and (b) the number of Certificates of Sponsorship assigned by that Sponsor to Tier 2 General Migrants during the period 19 July 2010 to 20 December 2010; (v) Where the number in 63F(i) is 6 or more, the Secretary of State shall assign to the Sponsor a number of Certificates of Sponsorship that is the number in 63F(i) reduced by 15% and rounded down to the nearest whole number, minus the number of Certific … ates of Sponsorship assigned by that Sponsor to Tier 2 General Migrants during the period 19 July 2010 to 20 December 2010; (vi) Where a Sponsor was (a) assigned Certificates of Sponsorship before 19 July 2010, (b) the period for which those were assigned expires on or after 31 March 2011, and (c) the number in 63F(i) is greater than the number of Certificates of Sponsorship assigned to the Sponsor for the period concluding on or after 31 March 2011, the Secretary of State shall assign to the Sponsor the same number of Certificates of Sponsorship as were assigned to the Sponsor prior to 19 Jul … y 2010 minus any Certificates of Sponsorship assigned by that Sponsor to Tier 2 General Migrants during the period 19 July 2010 to 20 December 2010. 4 (vii) Where the Sponsor joined the Sponsor Register on or after 1 April 2010, the number in paragraph 63D(i) is 0. (viii) Where the calculation in paragraphs 63F(iii) to (vi) results in a negative number, the Secretary of State shall assign 0 Certificates of Sponsorship to the Sponsor under the Tier 2 Interim Limit. 63G. The total number of Certificates of Sponsorship available to be assigned to Sponsors further to paragraph 63D(i) is 9,803 as o … f 20 December 2010. 63H. The number in paragraph 63D(ii) is the result of subtracting from the Tier 2 Interim Limit the total number of Certificates of Sponsorship assigned to specific Sponsors by the process set out in paragraph 63F. 63I. The imposition of a limit as referred to in paragraph 63D(i) and in accordance with paragraph 63F, does not prevent the SSHD from assigning additional Certificates of Sponsorship to a specific Sponsor further to a successful application under the Exceptional Consideration Process. 63J. If a Sponsor returns to the Secretary of State Certificates of Sponsorshi … p which have been assigned to it in accordance with paragraph 63F or 63D(ii), the Secretary of State is entitled (but not required) to add such Certificates of Sponsorship to the number of Certificates of Sponsorship available for allocation under paragraph 63D(ii). 63K. The total number of Certificates of Sponsorship available to be assigned under the Exceptional Consideration Process is 1,029 as of 20 December 2010 to which will be added from time to time as may be appropriate the number of Certificates of Sponsorship returned to the Secretary of State in accordance with paragraph 63J. 5 Pub … ber 2010 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 22 December 2010. The changes set out in paragraphs 1, 16 and 17 of this Statement shall take effect on 21 December 2010. 1. In paragraph 6 insert: “Tier 2 Interim Limit” means: the number of Certificates of Sponsorship available to be assigned by the Secretary of State to Sponsors under the Tier 2 (General) Migrant route between 21 December 2010 and 5 April 2011. “Exceptional Consideration Process” means: the process for assigning additional Certificates of Sponsorsh","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-tier1-overseas-closure-20101223","countryCode":"GB","country":"United Kingdom","title":"Tier 1 General closed to new entry-clearance applications","policyEffect":"From December 23, 2010, Tier 1 General closed to new applications for entry clearance. Applications submitted before that date were decided under the rules in force on December 22. The category remained open to eligible applicants already in the UK applying for leave to remain.","operativeDate":"2010-12-23","year":2010,"affectedGroup":"People seeking tier 1 general entry clearance from outside the uk","materialConditionsAndExceptions":"Validated condition or limit: Applications submitted before that date were decided under the rules in force on December 22.; The category remained open to eligible applicants already in the UK applying for leave to remain.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office, official Statement of Changes","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7569c0e5274a467f7e4542/hc698.pdf","preciseCitation":"HC 698 paragraphs 2–15, commencement and memorandum 7.3","evidencePassage":"ip to Sponsors under the Tier 2 Interim Limit as set out in the Addendum to the “Policy Guidance for Tier 2 and Tier 5 Sponsors”. 2. Delete paragraph 245B and substitute: “245B. Entry to the UK DELETED” 3. In paragraph 245C delete: “245C. Requirements for entry clearance or leave to remain To qualify for entry clearance or leave to remain as a Tier 1 (General) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refu … sed. If the application would be refused only by reason of failing to meet the requirement in paragraph (aa) below, it will be reallocated to the next relevant grant allocation period for consideration. (aa) The grant allocation relating to the Tier 1 (General) Migrant route would not be exceeded by granting the application for entry clearance or leave to enter in the relevant grant allocation period. and substitute: “245C. Requirements for leave to remain To qualify for leave to remain as a Tier 1 (General) Migrant, an applicant must meet the requirements listed below. If the applicant meets … these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.” 4. In paragraph 245C(b) delete “if applying for leave to remain, ”. 5. In paragraph 245C(c)(i) delete “is applying for leave to remain and ”. 6. Delete paragraph 245D(a) and substitute: “(a) DELETED” 3 7. In paragraph 245D(d), delete “Entry clearance and leave to remain” and substitute “Leave to remain”. 8. In Appendix A, paragraph 1, delete “entry clearance or”. 9. In Appendix A, paragraph 1(i), delete “is applying for leave to remain and ”. 10. In Appendix … ystem 7.2 Tier 1 of the Points-Based System caters for highly skilled workers, and was launched on 29 February 2008. Tier 1 consists of four categories: Tier 1 (General), Tier 1 (Entrepreneur), Tier 1 (Investor) and Tier 1 (Post-Study Work). 7.3 These changes close the Tier 1 (General) category to all applicants for entry clearance. The Tier 1 (General) category will remain open to applicants who are already in the UK and are applying for leave to remain. 7.4 The reasons for making these changes are set out in paragraphs 3.2 to 3.12 above. Amendments to Tier 2 of the Points Based System 7.5 Ti … rch 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120), 10 February 2010 (HC 367), 28 June 2010 (HC 59), 15 July 2010 (HC 96), 22 July 2010 (HC 382), 19 August 2010 (Cm 7929) and 1 October 2010 (Cm 7944). The changes set out in paragraphs 2 to 15 of this Statement shall take effect on 23 December 2010. However, if an applicant has made an application for entry clearance before 23 Decem … een incorporated into a consolidated version of the Immigration Rules, which can be found under the ‘Policy and Law’ page at: www.ukba.homeoffice.gov.uk, where there are also copies of all the Statements of Changes in Immigration Rules issued since May 2003. 4.3 The closure of Tier 1 General to out of country applications will come into force on 23 December 2010. However, if an applicant has made an application for entry clearance before 23 December and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 22 December 2010. 4.4 The s","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-39e330372109b437883f","countryCode":"GB","country":"United Kingdom","title":"Statement of Changes in Immigration Rules (HC 863 / HC 908)","policyEffect":"Introduced an annual limit/cap for non-EEA skilled workers under Tier 1 and Tier 2 (General) of the points-based system, replacing the previous interim limits with permanent annual limits effective from 6 April 2011.","operativeDate":"2011-04-06","year":2011,"affectedGroup":"Skilled/high-skilled workers","materialConditionsAndExceptions":"Validated condition or limit: Introduced an annual limit/cap for non-EEA skilled workers under Tier 1 and Tier 2 (General) of the points-based system, replacing the previous interim limits with permanent annual limits effective from 6 April 2011.","policyCategory":"Legal entry and stay","policyTool":"Quota / target","sourceName":"UK Parliament / Home Office","sourceUrl":"https://www.gov.uk/government/speeches/statement-of-changes-in-immigration-rules-written-ministerial-statement","preciseCitation":"SOPEMI 2011: 330; service.gov.uk. Statement Of ChangeS In ImmIgratIOn ruleS (HC 863).","evidencePassage":"economic migrants; • To close the Tier 1 (General) category in-country, other than for extension applications from migrants who are already in the UK in this category, or one of the categories, now closed, which preceded it before the introduction of the Points-Based System; • To implement changes to the Tier 1 categories for Entrepreneurs and Investors, including provisions for accelerated settlement; • To implement changes to the Tier 2 (Intra-Company Transfer) category, including differing requirements for transfers depending on whether they are to be for more or less than 12 months; • To implement … employment or self-employment in the UK: • The category is being closed to in-country switching applications. This is in line with the Home Secretary’s oral statement to the House of Commons on 23 November. Closing the Tier 1 (General) category creates more space in Tier 2 of the Points Based System, the route most valued by employers, while reducing overall non-EEA economic migration. Tier 1 (General) has already closed to overseas applicants, as set out in the Statement of Changes laid on 21 December 2010 (HC 698). • The category is remaining open in order to enable those in the UK with existing … continue to apply extend their stay beyond five years. • In the transitional cases where Tier 2 (Intra-Company Transfer) Migrants qualify for indefinite leave to remain, an additional requirement is being introduced to confirm that the applicant continues to earn at least the UK appropriate rate for the job they are doing. • This category is not being made subject to an annual limit. 7.12 The following changes are being made to the Tier 2 (General) category, which caters for skilled workers coming to do jobs that cannot be filled from the resident labour market: • An annual limit of 20,700 is being placed on the number of overseas applicants who may be sponsored under this category in the period 6 April 2011 to 5 April 2012. • This limit excludes in-country applications for leave to remain, and any applications where the job being sponsored has a salary of £150,000 or above. • The size of the limit has been established following advice from the Migration Advisory Committee and will be reviewed by 6 April 2012. • To prevent the limit being exhausted early in the year, it will be divided into monthly allocations. Each month, requests by sponsoring employers to sponsor Tier 2 (General) applicants … tens of thousands. 12.3 The annual limits introduced by this Statement apply only to the period 6 April 2011 to 5 April 2012. These limits will be reviewed before 6 April 2012 and a further Statement of Changes will be laid before Parliament. 12.4 The exemptions from a visit visa requirement for Omani, Qatari and Emirati nationals holding Diplomatic and Special passports will be regularly monitored. 13. Contact 13.1 Queries specifically regarding this Statement of Changes only should be addressed as follows: • Points-Based System (other than settlement): to Richard Jackson at the UK Border Agency","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-521bbab4adbb13bd7c3b","countryCode":"GB","country":"United Kingdom","title":"Statement of Changes in Immigration Rules [HC 908]","policyEffect":"Implemented changes to Tier 4 of the Points-Based System for students, introducing stricter English language requirements, altering rules for dependents, and updating provisions for HSMP applications.","operativeDate":"2011-04-21","year":2011,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Admission","policyTool":"Eligibility","sourceName":"service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c354aed915d7d70d1d4d0/hc908.pdf","preciseCitation":"service.gov.uk. Statement of Changes in Immigration Rules [HC 908].","evidencePassage":"The changes set out in this statement in paragraphs 1 to 3, 6 to 17 and 29 to 63 shall take effect on 21 april 2011. However, if an applicant has made an application for leave before 21 april 2011 and the application has not been decided before that date, it will be decided in accordance with the rules in force on 20 april 2011. The changes at paragraphs 4 to 5 and 18 to 28 shall take effect on 6 april 2011.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b0a53518247575bc8544","countryCode":"GB","country":"United Kingdom","title":"The Immigration (European Economic Area) (Amendment) Regulations 2011","policyEffect":"Amends the 2006 EEA Regulations to clarify the sufficient resources test for residence rights and modifies the criteria for extended family members and family permits.","operativeDate":"2011-06-02","year":2011,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2011/1247/made","preciseCitation":"legislation.gov.uk. The Immigration (European Economic Area) (Amendment) Regulations 2011.","evidencePassage":"European Communities Act 1972(2) in relation to measures relating to rights of entry into, and residence in, the United Kingdom, in exercise of the powers conferred by that section makes the following Regulations: Citation, commencement and interpretation 1.—(1) These Regulations may be cited as the Immigration (European Economic Area) (Amendment) Regulations 2011 and shall come into force on 2 June 2011. (2) In these Regulations, “the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006(3). Amendment of the 2006 Regulations 2.—(1) The 2006 Regulations are amended as … follows. (2) In regulation 4, for paragraph (4) substitute— “(4) For the purposes of paragraphs (1)(c) and (d) and paragraphs (2) and (3), the resources of the person concerned and, where applicable, any family members, are to be regarded as sufficient if — (a)they exceed the maximum level of resources which a United Kingdom national and his family members may possess if he is to become eligible for social assistance under the United Kingdom benefit system; or (b)paragraph (a) does not apply but, taking into account the personal situation of the person concerned and, where applicable, any family members, it appears to the decision maker that the resources of the person or persons concerned should be regarded as sufficient.” (3) In regulation 8, at paragraph 2(a) for “an EEA State” substitute “a country other than the United Kingdom”. (4) In regulation 12, for paragraph (1)(b) substitute— “(b)the family member will be accompanying the EEA national to the United Kingdom or joining the EEA national there.”. Damian Green Minister of State Home Office 9th May 2011 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Immigration (European Economic Area)","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-26cdd335ad7e6f4c4115","countryCode":"GB","country":"United Kingdom","title":"Statement of Changes in Immigration Rules (HC 1148)","policyEffect":"Restricted the entitlement of Tier 4 international students to bring dependants (partners and children) to the United Kingdom, limiting dependant sponsorship primarily to government-sponsored students and postgraduate students at higher education institutions on courses of 12 months or longer.","operativeDate":"2011-07-04","year":2011,"affectedGroup":"Partners and children of tier 4 (general) students","materialConditionsAndExceptions":"","policyCategory":"Legal entry and stay","policyTool":"Entry visa / stay permit","sourceName":"assets.publishing.service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7badc440f0b638d61be3c2/hc1148.pdf","preciseCitation":"","evidencePassage":"in paragraph 319C(i) delete “the Tier 4 (General) student must be applying for or have entry clearance or leave to remain for a course of study that is longer than six months” and insert: … The changes set out in this statement in paragraphs 1, 2, 3, 6, 7, 10 to 52 and 55 to 78 shall take effect on 4 July 2011. … Restricting the entitlement to bring dependants (partners and children): … (4) the relevant Points Based system Migrant must be a Government sponsored student who is applying for or has entry clearance or leave to remain for a course of study that is longer than six months; or (5) the relevant Points Based system Migrant must be undertaking a course which is 12 months or longer in duration, and is of post-graduate level study, sponsored by a sponsor which is a recognised Body or a body in receipt of funding as a higher education institution … However, if an applicant has made an application for leave before 4 July 2011 and the application has not been decided before that date, it will be decided in accordance with the rules in force on 3 July 2011.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-699040637eb3625fba318eb2","countryCode":"GB","country":"United Kingdom","title":"In Schedule 1( 3 ) after “Vietnam” insert “Yemen”.","policyEffect":"In Schedule 1( 3 ) after “Vietnam” insert “Yemen”.","operativeDate":"2011-07-14","year":2011,"affectedGroup":"Nationals and citizens of yemen","materialConditionsAndExceptions":"Validated condition or limit: In Schedule 1( 3 ) after “Vietnam” insert “Yemen”.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/id/uksi/2011/1553","preciseCitation":"","evidencePassage":"Statutory Instruments 2011 No. 1553 Immigration The Immigration (Passenger Transit Visa)(Amendment) Order 2011 Made 20th June 2011 Laid before Parliament 23rd June 2011 Coming into force 14th July 2011 The Secretary of State makes the following Order in exercise of the powers conferred by section 41 of the Immigration and Asylum Act 1999( 1 ). Citation and Commencement 1. —(1) This Order may be cited as the Immigration (Passenger Transit Visa) (Amendment) Order 2011. (2) This Order comes into force on 14th July 2011. Amendment to the Immigration (Passenger Transit Visa) Order 2003 2. —(1) The … Immigration (Passenger Transit Visa) Order 2003( 2 ) is amended as follows. (2) In Schedule 1( 3 ) after “Vietnam” insert “Yemen”. Damian Green Minister of State Home Office 20th June 2011 EXPLANATORY NOTE (This note is not part of the Order) This Order is made under section 41 of the Immigration and Asylum Act 1999. It amends the Immigration (Passenger Transit Visa) Order 2003 (the “2003 Order”). The 2003 Order requires certain passengers to hold a transit visa to pass through the United Kingdom without entering whilst transiting to another country or territory. Article 2 of this Order requires nationals and citizens of Yemen to hold a transit visa. ( 1 ) 1999 c. 33 . ( 2 ) 2003/1185 . ( 3 ) Schedule 1 was amended by S.I. 2003/2628 , S.I. 2004/1304 , S.I. 2005/492 , S.I. 2006/493 , S.I. 2009/198 , S.I. 2009/1032 and S.I. 2009/1229 .","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-89847c9705bccf62e913","countryCode":"GB","country":"United Kingdom","title":"Reduction of Minimum Age for Marriage and Partner Visas and Sponsors from 21 to 18 (HC 1622)","policyEffect":"Amended the Immigration Rules to reduce the minimum age at which a person may be granted entry clearance or leave as a spouse, civil partner, fiancé(e), proposed civil partner, unmarried or same-sex partner of a sponsor, and the minimum age at which a person may sponsor such an application, from 21 to 18 years, following the Supreme Court judgment in R (Quila and Bibi) v Secretary of State for the Home Department.","operativeDate":"2011-11-28","year":2011,"affectedGroup":"Spouses, civil partners, fiancé(e)s, proposed civil partners, unmarried or same-sex partners and their sponsors","materialConditionsAndExceptions":"Validated condition or limit: Amended the Immigration Rules to reduce the minimum age at which a person may be granted entry clearance or leave as a spouse, civil partner, fiancé(e), proposed civil partner, unmarried or same-sex partner of a sponsor, and the minimum age at which a person may sponsor such an application, from 21 to 18 years, following the Supreme Court judgment in R (Quila and Bibi) v Secretary of State for the Home Department.","policyCategory":"Legal entry and stay / family / enforcement","policyTool":"Adjudication standard / grounds for refusal","sourceName":"assets.publishing.service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a74fa0340f0b6399b2afae9/hc1622.pdf","preciseCitation":"","evidencePassage":"The purpose of these changes is to reduce the minimum age at which a person may be granted entry clearance or leave as the spouse, civil partner, fiancé(e), proposed civil partner, unmarried or same-sex partner of a sponsor, and the minimum age at which a person may sponsor such an application, from 21 to 18 years. … The changes set out in this Statement shall take effect on 28 November 2011. … a person may be granted entry clearance or leave as the spouse, civil partner, fiancé(e), proposed civil partner, unmarried or same-sex partner of a sponsor, and the minimum age at which a person may sponsor such an application … It will also delete references to a minimum age of 18 for entry clearance or leave as the spouse, civil partner, fiancé(e), proposed civil partner, unmarried or same-sex partner of a HM Forces sponsor, and the minimum age at which a member of HM Forces may sponsor such an application.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-cf33c1d8844c91463e94","countryCode":"GB","country":"United Kingdom","title":"Revision to Certificate of Approval and Registration Procedures for Foreign Marriages (S.I. 2011/2678)","policyEffect":"Revoked and replaced the Immigration (Procedure for Marriage) Regulations 2005 to update designated registration districts across England and Wales and formally align secondary procedural regulations with the abolition of the requirement for migrants subject to immigration control to seek the Secretary of State's prior Certificate of Approval / permission before solemnising a marriage. Phase scope: Nationwide application to all persons subject to immigration control giving notice to marry in England and Wales.","operativeDate":"2011-12-01","year":2011,"affectedGroup":"Non-citizens / migrants subject to immigration control","materialConditionsAndExceptions":"Validated condition or limit: Revoked and replaced the Immigration (Procedure for Marriage) Regulations 2005 to update designated registration districts across England and Wales and formally align secondary procedural regulations with the abolition of the requirement for migrants subject to immigration control to seek the Secretary of State's prior Certificate of Approval / permission before solemnising a marriage.; Phase scope: Nationwide application to all persons subject to immigration control giving notice to marry in England and Wales.","policyCategory":"Legal entry and stay / family","policyTool":"Administrative procedure / eligibility","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2011/2678","preciseCitation":"The Immigration (Procedure for Marriage) Regulations 2011 (S.I. 2011/2678)","evidencePassage":"These Regulations revoke and replace the Immigration (Procedure for Marriage) Regulations 2005 (S.I. 2005/15). They update the list of registered districts and also reflect the withdrawal of the requirement to seek the Secretary of State’s permission to marry following the Immigration (Treatment of Claimants, etc.) Act 2004 (Remedial) Order 2011(S.I. 2011/1158) by removing the provisions which set out how permission was to be applied for.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-e163646c5a75c26a7dde","countryCode":"GB","country":"United Kingdom","title":"Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) (Amendment) Regulations 2011","policyEffect":"Amends the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 to confer discretion on the determining authority to waive specific supporting document requirements when satisfied that the applicant holds the right of abode, updates the disqualifying criteria for certificate issuance, and allows applicants in the Channel Islands or the Isle of Man to apply directly to the Secretary of State. Phase scope: All applicants for a Certificate of Entitlement to Right of Abode in the United Kingdom, including applicants in the Channel Islands and Isle of Man.","operativeDate":"2011-12-12","year":2011,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Legal entry and stay","policyTool":"Documentation","sourceName":"UK Statutory Instruments (legislation.gov.uk)","sourceUrl":"https://legislation.gov.uk/uksi/2011/2682/made","preciseCitation":"S.I. 2011/2682, Regulation 1(1), 2, and Explanatory Note","evidencePassage":"entitlement received by the appropriate authority on or after the day on which they come into force. (3) In paragraph (2) “appropriate authority” and “certificate of entitlement” have the same meaning as in the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006(2). Amendments to the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 2.—(1) The Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 shall be amended as follows. (2) For regulation 3(b) (authority … to whom an application must be made) substitute— “(b)if the applicant is in any of the Channel Islands or the Isle of Man, to the Lieutenant-Governor or the Secretary of State for the Home Department;”. (3) For regulation 4 (form of application) substitute— “4.—(1) Subject to paragraph (2), an application for a certificate of entitlement must be accompanied by— (a)the applicant’s passport or travel document; (b)two photographs of the applicant taken no more than 6 months prior to making the application; and (c)the additional documents which are specified in the right-hand column of the Schedule in respect of an application of a description specified in the corresponding entry in the left hand column. (2) The requirement in paragraph (1)(c) may be waived in relation to a particular document if the appropriate authority— (a)is satisfied that it is appropriate to do so in light of the facts of the particular case; and (b)is otherwise satisfied that the applicant has a right of abode in the United Kingdom.”. (4) For regulation 6(b) (issue of certificate of entitlement) substitute— “(b)is not a person who holds: (i)a United Kingdom passport describing him as a British citizen, (ii)a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom, or (iii)a certificate of entitlement;”. (5) For regulation 9(b) (expiry and revocation of certificate of entitlement) substitute— “(b)is the holder of: (i)a United Kingdom passport describing him as a British citizen, (ii)a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom, (iii)another certificate of entitlement;”. (6) In the Schedule, after the heading, for “Regulation 4(c)” substitute “Regulation 4(1)(c)”. Damian Green Minister of State","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-32edd3e8ca5a25b060c0","countryCode":"GB","country":"United Kingdom","title":"The Accession (Immigration and Worker Authorisation) (Amendment) Regulations 2011","policyEffect":"Extended the worker authorization requirement regime for Bulgarian and Romanian nationals by extending the accession period to December 31, 2013.","operativeDate":"2011-12-30","year":2011,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Extended the worker authorization requirement regime for Bulgarian and Romanian nationals by extending the accession period to December 31, 2013.","policyCategory":"Work authorization","policyTool":"Eligibility","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2011/2816/made","preciseCitation":"legislation.gov.uk. The Accession (Immigration and Worker Authorisation) (Amendment) Regulations 2011.","evidencePassage":"2011. Amendment of the Accession (Immigration and Worker Authorisation) Regulations 2006 2. In regulation 1(2)(c) of the Accession (Immigration and Worker Authorisation) Regulations 2006(2) (definition of “accession period”), for “31st December 2011” substitute “31st December 2013”. Damian Green Minister of State Home Office 23rd November 2011 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Accession (Immigration and Worker Authorisation) Regulations 2006 (“the 2006 Regulations”), which regulate access to the United Kingdom labour market by nationals of … the States that acceded to the European Union in 2007; the Republic of Bulgaria and Romania. Under the treaty signed in Luxembourg on 25th April 2005 (“the Accession Treaty”), the Republic of Bulgaria and Romania acceded to the European Union on 1st January 2007. The Accession Treaty provides, in derogation from the general free movement of worker rights of European Union nationals, that the existing Member States can apply national measures regulating access to their labour market by Bulgarian and Romanian nationals. Under the Accession Treaty these national measures can be applied during the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-3754327b2933ab194181","countryCode":"GB","country":"United Kingdom","title":"The Immigration (Biometric Registration) (Amendment) Regulations 2012","policyEffect":"Extended the mandatory biometric immigration document (biometric residence permit) application requirement to non-EEA nationals applying for leave to remain exceeding 6 months, indefinite leave to remain, refugee status, statelessness, and associated dependants, making failure to comply grounds to invalidate or refuse leave to remain.","operativeDate":"2012-02-29","year":2012,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Extended the mandatory biometric immigration document (biometric residence permit) application requirement to non-EEA nationals applying for leave to remain exceeding 6 months, indefinite leave to remain, refugee status, statelessness, and associated dependants, making failure to comply grounds to invalidate or refuse leave to remain.","policyCategory":"Residence","policyTool":"Documentation","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2012/594/made","preciseCitation":"UK Legislation. The Immigration (Biometric Registration) (Amendment) Regulations 2012.","evidencePassage":"These Regulations come into force on the day after the day on which they are made.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-6eed1b7908c38d62c645","countryCode":"GB","country":"United Kingdom","title":"Permitted paid engagements: one-month visitor route introduced","policyEffect":"From April 6, 2012, HC1888 introduced a visitor route for specified pre-arranged paid engagements as an alternative to requiring sponsorship under the Points-Based System. The original rules permitted a single entry for no more than one month. Applicants had to be genuine visitors with a formal invitation and show that the engagement related to their expertise or qualifications and full-time occupation overseas. Eligible engagements were: examining students or participating in or chairing selection panels as a highly qualified visiting academic invited by a UK higher-education institution or UK research or arts organisation for quality-assurance processes; lecturing in the visitor’s field at the invitation of such an institution or organisation; assessing UK pilots against another country’s aviation requirements as an overseas designated pilot examiner invited by a UK training organisation regulated for that purpose by the Civil Aviation Authority; advocacy by a qualified lawyer for UK court, tribunal, arbitration or other dispute-resolution proceedings at a UK or overseas client’s invitation; or arts, entertainment or sporting activities invited by a UK arts or sports organisation or broadcaster. Other employment, goods production or service provision, including direct public sales, was prohibited outside the permitted engagement. Applicants had to maintain and accommodate themselves from available resources without public funds or other employment, or be adequately maintained and accommodated by relatives or friends. The rule also expressly required compliance with the incorporated general-visitor requirements in paragraphs 41(ii), (v), (vii), (viii) and (x)–(xii); this description does not treat the activity invitation as sufficient eligibility on its own. Admission depended on satisfying every requirement of paragraph56X, and refusal followed if any was unmet. Applications made before April6 that remained undecided followed the April5 rules.","operativeDate":"2012-04-06","year":2012,"affectedGroup":"Visitors invited for specified paid professional, academic, legal, arts or sporting engagements","materialConditionsAndExceptions":"Validated condition or limit: Eligible engagements were: examining students or participating in or chairing selection panels as a highly qualified visiting academic invited by a UK higher-education institution or UK research or arts organisation for quality-assurance processes; The rule also expressly required compliance with the incorporated general-visitor requirements in paragraphs 41(ii), (v), (vii), (viii) and (x)–(xii); this description does not treat the activity invitation as sufficient eligibility on its own.; Admission depended on satisfying every requirement of paragraph56X, and refusal followed if any was unmet.; Applications made before April6 that remained undecided followed the April5 rules.","policyCategory":"Legal entry and short-term work / visitors","policyTool":"Visa category / entry clearance condition","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c0b2640f0b645ba3c6591/hc1888.pdf","preciseCitation":"Statement of Changes in Immigration Rules HC1888, implementation provisions, paragraph11 inserting56X–56Z, explanatory memorandum7.2–7.3","evidencePassage":"Implementation The changes in paragraphs 179, 180, 181, 183, 186, 200, 201 and 210 set out in this Statement shall take effect on 14 June 2012. However, if an applicant has made an application for entry clearance or leave before 14 June 2012 and the application has not been decided before that date, it will be decided in accordance with the rules in force on 13 June 2012. The changes in paragraphs 213 shall be made to the Immigration Rules on 6 April 2012, but will not affect applications made. The changes in paragraph 213 archive old Rules which no longer apply. The changes in paragraphs 214 to the criteria for Indefinite Leave to Remain made by migrants in the Tier 2 (General), Tier 2 (Sportspersons) and Tier 2 (Ministers of Religion) categories, are expected to take effect on 6 April 2016. Applications for Indefinite Leave to Remain made by migrants in these categories before this date will be considered in accordance with the rules which are in force before that date (which themselves may be subject to change in the interim period). 1 The other changes set out in this Statement shall take effect on 6 April 2012. However, if an applicant has made an application for entry clearance or leave before 6 April 2012 and the application has not been decided before that date, it will be decided in accordance with the rules in force on 5 April 2012. … 11. After paragraph 56W, insert: Visitors undertaking permitted paid engagements Requirements for leave to enter as a visitor undertaking permitted paid engagements 56X. The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor undertaking permitted paid engagements are that the applicant: i. is genuinely seeking entry as a visitor undertaking a permitted paid engagement for a limited period, not exceeding one month; and ii. meets the requirements of paragraphs 41(ii), (v), (vii), (viii), (x) – (xii); and iii. intends to do one of the following pre-arranged permitted paid engagements which can be evidenced by a formal invitation, and can show that the engagement relates to his or her area of expertise and/or qualifications, and full time occupation overseas: 4 a) examine students and/or participate in or chair selection panels as a visiting academic, who is highly qualified within his or her own field of expertise, invited by a United Kingdom Higher Education Institution or a United Kingdom based research or arts organisation as part of that institution or organisation’s quality assurance processes; b) give one or more lectures in his or her field of expertise as a visiting lecturer, invited by a United Kingdom Higher Education Institution or a United Kingdom based research or arts organisation; c) as an overseas designated pilot examiner, assess United Kingdom based pilots to ensure they meet the national aviation regulatory requirements of other countries, by invitation of an approved training organisation based in the United Kingdom that is regulated by the United Kingdom Civil Aviation Authority for that purpose; d) provide advocacy in a particular area of law as a qualified lawyer for the purposes of a court or tribunal hearing, arbitration or other form of alternative dispute resolution for legal proceedings within the United Kingdom, at the invitation of a client in the United Kingdom or foreign based client; e) undertake an activity relating to the arts, entertainment or sporting professions, by invitation of an arts or sports organisation or broadcaster based in the United Kingdom; and iv. does not intend to take employment, produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public other than as permitted for by the pre-arranged paid engagement; and v. will maintain and accommodate him or herself adequately out of resources available to the applicant without recourse to public funds or taking employment; or will be maintained and accommodated adequately by relatives or friends. Leave to enter as a visitor undertaking permitted paid engagements 56Y. A person seeking leave to enter the United Kingdom as a visitor undertaking permitted paid engagements may be admitted for a single entry and for a period not exceeding 1 month, provided the Immigration Officer is satisfied that each of the requirements of paragraph 56X are met. Refusal of leave to enter as a visitor undertaking permitted paid engagements 56Z Leave to enter as a visitor undertaking permitted paid engagements is to be refused if the Immigration Officer is not satisfied that each of the requirements at paragraph 56X are met.","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-1f35b295fe434be30607","countryCode":"GB","country":"United Kingdom","title":"The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012","policyEffect":"Amended the 2006 EEA Regulations to confer derivative rights of entry and residence on primary carers of British citizens where required to avoid forcing the British citizen to leave the EU/EEA, implementing the ECJ Zambrano decision.","operativeDate":"2012-11-08","year":2012,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Amended the 2006 EEA Regulations to confer derivative rights of entry and residence on primary carers of British citizens where required to avoid forcing the British citizen to leave the EU/EEA, implementing the ECJ Zambrano decision.","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2012/2560/made","preciseCitation":"legislation.gov.uk. The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012.","evidencePassage":"These Regulations may be cited as the Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 and shall come into force on 8th November 2012.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-e6535529a3188699d819","countryCode":"GB","country":"United Kingdom","title":"Expansion of Permitted Supplementary Employment to Shortage Occupations (HC 760)","policyEffect":"Broadens the definition of supplementary employment under paragraph 6 of the Immigration Rules to permit employment in any job listed on the Shortage Occupation List (Appendix K), in addition to jobs in the same profession and professional level.","operativeDate":"2012-12-13","year":2012,"affectedGroup":"Sponsored Points-Based System work visa holders seeking secondary/supplementary employment","materialConditionsAndExceptions":"Applies where migrants undertake supplementary employment; secondary jobs must either be in the same profession and level or appear on the Shortage Occupation List in Appendix K.","policyCategory":"Eligibility","policyTool":"Work authorization conditions","sourceName":"service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c9d24ed915d12ab4bbf8c/hc760.pdf","preciseCitation":"HC 760, Implementation provisions and paragraph 3 amending paragraph 6 of the Immigration Rules","evidencePassage":"Implementation All changes other than the exceptions set out below take effect on 13 December 2012. The changes in paragraphs 2, 10 to 17, 19, 21 to 25, 27 to 34, 36 to 43, 45 to 48, 50 to 56, 58 to 65, 67 to 74, 76 to 82, 84 to 86, 88 to 91, 93 to 97, 99 to 101, 103 to 105, 107 to 111, 113 to 114, 116, 121, 123 to 125, 127 to 128, 130 to 138, 147 to 149, 152, 154 to 155, 171, 172, 173, 174, 179, 180, 181, 182, 186, 187, 189, 190, 191, 192, 194 to 195, 197 to 198, 238 to 239, 248 to 249, 251 to 252, 254 to 258, 285 to 286, 288 to 301 and 303 to 304, 327, 328, 335 and 336 set out in this Statement shall apply to all applications decided on or after that date. This Statement of Changes can be viewed at http://www.ind.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/ The changes in paragraph 316 to 326 and 442 set out in this Statement shall take effect on 1 January 2013. In respect of these changes, if an applicant has made an application for leave before 1 January 2013 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 31 December 2012. The changes set out in paragraph 334 shall take effect from 28 February 2013. In respect of these changes, if an applicant has made an application for leave before 28 February 2013 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 27 February 2013. In respect of the other changes set out in this Statement, if an applicant has made an application for entry clearance or leave before 13 December 2012 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 12 December 2012. Review Before the end of each review period, the Secretary of State undertakes to review all of the relevant Immigration Rules including any Relevant Rule amended or added by these changes. The Secretary of State will set out the conclusions of the review in a report and publish the report. The report must in particular: (a) consider each of the Relevant Rules and whether or not each Relevant Rule achieves its objectives and is still appropriate; and (b) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation. “Review period” means: (a) the period of five years beginning on 6 April 2012, and (b) subject to the paragraph below, each successive period of five years. If a report under this provision is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published. “Relevant Rule” means an immigration rule which imposes a net burden (or cost) on business or civil society organisations. Changes 1. In paragraph 6, after the definition of “foundation degree”, insert: ““primary degree” means a qualification obtained from a course of degree level study, which did not feature as an entry requirement a previous qualification obtained from degree level study. An undergraduate degree is a primary degree. A Masters degree that has a Bachelor degree as an entry requirement is not a primary degree.” 2. In paragraph 6, delete “ under Part 6A of these Rules, “lawfully” means with valid leave”. 3. In paragraph 6, in the definition of “supplementary employment”, delete “other employment in the same profession and at the same professional level” and substitute “other employment in a job which appears on the Shortage Occupation List in Appendix K, or in the same profession and at the same professional level”.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-3fd460f4b01b9cd302c2","countryCode":"GB","country":"United Kingdom","title":"Lowering of Tier 1 (Entrepreneur) English Language Requirement to B1 (HC 760)","policyEffect":"Lowers the English language proficiency threshold for applicants in the Tier 1 (Entrepreneur) category from CEFR level C1 (advanced) to level B1 (intermediate).","operativeDate":"2012-12-13","year":2012,"affectedGroup":"Tier 1 (Entrepreneur) visa applicants","materialConditionsAndExceptions":"Also applied to Tier 1 (Graduate Entrepreneur) for consistency, although graduates already pass English requirements by virtue of UK degree completion.","policyCategory":"Eligibility","policyTool":"Language proficiency requirement","sourceName":"service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c9d24ed915d12ab4bbf8c/hc760.pdf","preciseCitation":"HC 760 Explanatory Memorandum, paragraphs 4.3 and 7.5","evidencePassage":"4.3 The other changes to the Immigration Rules will come into force on 13 December 2012. The changes in paragraphs 2, 10 to 17, 19, 21 to 25, 27 to 34, 36 to 43, 45 to 48, 50 to 56, 58 to 65, 67 to 74, 76 to 82, 84 to 86, 88 to 91, 93 to 97, 99 to 101, 103 to 105, 107 to 111, 113 to 114, 116, 121, 123 to 125, 127 to 128, 130 to 138, 147 to 149, 152, 154 to 155, 171, 172, 173, 174, 179, 180, 181, 182,186,187, 189, 190, 191, 192, 194 to 195, 197 to 198, 238 to 239, 248 to 249, 251 to 252, 254 to 258, 285 to 286, 288 to 301 and 303 to 304, 327, 328, 335 and 336, which relate to Tier 1 of the Points-Based System and/or the restriction against working as a doctor or dentist in training, permitted absences for settlement and dependants of Points Based System migrants, and some minor amendments to Tier 4 will apply to all applications decided on or after that date. In respect of the other changes, if an applicant has made an application for entry clearance or leave before 13 December 2012 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 12 December 2012. 5. Territorial Extent and Application 5.1 This instrument applies to the United Kingdom. 6. European Convention on Human Rights 6.1 As this Statement of Changes in the Immigration Rules is subject to the negative resolution procedure and does not amend primary legislation, no statement is required. 7. Policy Background 7.1 A summary of the policy changes contained in this Statement of Changes in Immigration Rules follows: Amendments to Tier 1 of the Points-Based System 7.2 Tier 1 of the Points-Based System caters for high value migrants, and currently consists of five categories: Tier 1 (Exceptional Talent), Tier 1 (General) – closed except for extension applications, Tier 1 (Entrepreneur), Tier 1 (Investor) and Tier 1 (Graduate Entrepreneur). 7.3 The Tier 1 (Exceptional Talent) category caters for world-leading talent in the fields of science, humanities, engineering and the arts. Changes were made to improve this route in HC 565 (laid before Parliament on 5 September 2012), including provision for some applicants in other categories to switch in-country. A correction is now being made to enable those applicants to be granted three years’ leave to remain (as intended), rather than two years. Another correction is being made to ensure applicants are not automatically awarded points for English language ability unless they have proven their ability (or that they are exempt from the requirement) in an earlier application. 7.4 In April 2011 substantial changes were made to the Tier 1 (Entrepreneur) and Tier 1 (Investor) categories. The Home Office has been reviewing the effectiveness of these changes as they bedded in. As a result, a number of minor changes are being made to these categories. 7.5 The following changes are being made to the Tier 1 (Entrepreneur) category, which caters for those with financial backing who are coming to the UK to set up, take over, or otherwise be actively involved in the running of a business in the UK: • Applicants normally require funding of £200,000, but this is reduced to £50,000 if the funding is from a specified source, which includes UK Government Departments. This provision is being expanded to include funding from Departments of Devolved Administrations. • The English language requirement is being lowered from level C1 (advanced) to level B1 (intermediate), in line with other Points-Based System categories, in response to concerns that the high requirement was a possible deterrent to potentially successful entrepreneurs.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-ea6ebcfabf79e5020bdf","countryCode":"GB","country":"United Kingdom","title":"Expansion of Pre-Entry Tuberculosis Screening to Additional Countries and Clinics","policyEffect":"Incorporates compulsory pre-entry screening for active pulmonary tuberculosis for migrants applying for entry clearance to the UK for a period exceeding six months from Lesotho, Malaysia, Nepal, South Africa, Swaziland, and Zimbabwe, adds a screening clinic in India, and specifies authorised screening clinics in the added countries.","operativeDate":"2012-12-31","year":2012,"affectedGroup":"Migrants applying for entry clearance to the uk for a period exceeding six months from designated high-incidence countries","materialConditionsAndExceptions":"","policyCategory":"Border control / health screening","policyTool":"Mandatory medical screening","sourceName":"assets.publishing.service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7ce74d40f0b6629523c813/hc847.pdf","preciseCitation":"","evidencePassage":"This Statement adds Lesotho, Malaysia, Nepal, South Africa, Swaziland and Zimbabwe to the specified countries and names the authorised clinics in these countries. This Statement also adds another authorised clinic in India. … Entry clearance applicants intending to come to the UK for over six months, from countries where pre-entry screening is available, will be required to present a certificate from a designated screening provider confirming that screening has been conducted and that the applicant is not suffering from active pulmonary tuberculosis.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-be155169406b3670fa72","countryCode":"GB","country":"United Kingdom","title":"Incorporation of Universal Credit and Personal Independence Payment into Public Funds Definition (HC 1038)","policyEffect":"Amended Paragraph 6 of the Immigration Rules to include Universal Credit, Personal Independence Payment (PIP), and council tax reductions within the definition of 'public funds', ensuring migrants subject to immigration control and 'no recourse to public funds' (NRPF) conditions cannot claim these benefits without breaching conditions of leave.","operativeDate":"2013-04-01","year":2013,"affectedGroup":"Migrants subject to immigration control / nrpf conditions","materialConditionsAndExceptions":"Validated condition or limit: Amended Paragraph 6 of the Immigration Rules to include Universal Credit, Personal Independence Payment (PIP), and council tax reductions within the definition of 'public funds', ensuring migrants subject to immigration control and 'no recourse to public funds' (NRPF) conditions cannot claim these benefits without breaching conditions of leave.","policyCategory":"Integration and social rights","policyTool":"Access to welfare / social support","sourceName":"service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c73bfe5274a5255bcebe9/hc1038.pdf","preciseCitation":"HC 1038, Statement of Changes in Immigration Rules, 11 March 2013","evidencePassage":"By this Statement of Changes, Paragraph 6 of the Immigration Rules is amended in order that Universal Credit, Personal Independence Payment and council tax reductions fall within the definition of “public funds” for the purposes of the Immigration Rules. Migrants subject to immigration control and prohibited from accessing public funds under their conditions of stay will be ineligible for these forms of support. In such cases, entry or stay will be refused if the applicant cannot satisfy the UK Border Agency of their ability to maintain and accommodate themselves without recourse to public funds.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-662167a0461a3d19149b","countryCode":"GB","country":"United Kingdom","title":"The Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013","policyEffect":"Established transitional worker authorization requirements and limitations on access to the UK labor market for Croatian nationals upon Croatia's accession to the EU.","operativeDate":"2013-07-01","year":2013,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Work authorization","policyTool":"Eligibility","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2013/1460","preciseCitation":"legislation.gov.uk. The Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013.","evidencePassage":"consequential amendmentsU.K. 1.—(1) These Regulations may be cited as the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 and come into force on 1st July 2013. (2) In these Regulations— “the 1971 Act” means the Immigration Act 1971 M2; “the 2006 Act” means the Immigration, Asylum and Nationality Act 2006 M3; “accession period” means the period beginning with 1st July 2013 and ending with 30th June 2018; “accession State national subject to worker authorisation” has the meaning given in regulation 2; “accession worker authorisation document” has the meaning given in … regulation8(2); “authorised category of employment” means— (a) employment for which the applicant has been issued by a sponsor with a valid certificate of sponsorship under Tier 2 or Tier 5 of the Points-Based System; or (b) employment as— (i) a representative of an overseas business; (ii) a postgraduate doctor or dentist; or (iii) a domestic worker in a private household; “certificate of sponsorship” has the meaning given in paragraph 6 of the immigration rules, except that the reference to an application or potential application for entry clearance or leave to enter or remain as a Tier 2 migrant … Croatian nationals who are accession State nationals subject to worker authorisation require authorisation under these Regulations during the accession period (1st July 2013 to 30th June 2018) in order to be able to work in the United Kingdom. Part 2 of these Regulations (regulations 4 to 7) make provision in relation to various existing legal instruments. Regulation 4 states that these Regulations derogate from the free movement of worker provisions in EU law. Regulation 5 provides that, under the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003, as amended) (“the EEA Regulations","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-d42ec5944a49cc191d32","countryCode":"GB","country":"United Kingdom","title":"Visa Exemption for Holy See Passports and Appendix Armed Forces Updates (HC 887)","policyEffect":"Exempts holders of Service, Temporary Service, and Diplomatic passports issued by the Holy See from visitor visa requirements to enter the United Kingdom, and introduces technical amendments to Appendix Armed Forces and Tier 1 (Graduate Entrepreneur) provisions. Phase scope: Visa exemption for Holy See documents and Appendix Armed Forces/Tier 1 changes effective 30 December 2013 (Electronic Visa Waiver phased for 1 January 2014).","operativeDate":"2013-12-30","year":2013,"affectedGroup":"Visitors / diplomats / armed forces personnel","materialConditionsAndExceptions":"","policyCategory":"Border control","policyTool":"Visa waiver","sourceName":"service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a74c9bded915d3c7d527f7c/hc887.pdf","preciseCitation":"HC 887 Explanatory Memorandum, Paragraphs 4.4, 4.5, and 4.8","evidencePassage":"Emirates who hold and use an Electronic Visa Waiver (“EVW”) Document in accordance with paragraphs 3 to 9. Where the passport holder does not hold and use an EVW Document in accordance with paragraphs 3 to 9, the passport holder is a visa national and requires entry clearance. (v) persons who hold Service, Temporary Service and Diplomatic passports issued by the Holy See. Exception where the applicant holds an Electronic Visa Waiver Document (Oman, Qatar and United Arab Emirates passport holders only) 3. To obtain an Electronic Visa Waiver (“EVW”) Document, a person (the “holder”) or their agent must … requirements for holders of documents issued by the Holy See will take effect from 30 December 2013. 4.5 Changes relating to the Appendix Armed Forces and Tier 1 (Graduate Entrepreneur) will also take effect from 30 December 2013. 4.6 The Statement of Changes in the Immigration Rules introduces the following changes: 4.7 Passport holders of Oman, Qatar and the United Arab Emirates will be able to obtain an ‘Electronic Visa Waiver (EVW)’ Document in advance of travel to the UK. 1 Holders of an EVW Document used and held in accordance with the specified requirements will not require a short-stay … visa for travel to the United Kingdom. 4.8 A person who holds a Service, Temporary Service or Diplomatic passport issued by the Holy See will no longer require a visa to visit the United Kingdom. 4.9 The changes also make minor consequential amendments to the Immigration Rules arising from the inclusion of a new Appendix Armed Forces (see statement of changes presented to Parliament on 8 November 2013) and a minor change relating to Tier 1 (Graduate Entrepreneur) applicants endorsed by UK Trade and Investment. 5. Territorial Extent and Application 5.1 This instrument applies to all of the United … specified on the EVW Document. Where a person crosses the land border from Ireland, an EVW holder must cross into the UK no later than 8 hours after the time of arrival specified on the EVW Document. Documents issued by the Holy See (Vatican City) 7.5 Holders of non-national travel documents currently require a visa before travel to the United Kingdom. This rule encapsulates holders of Holy See Service and Temporary Service passports issued by the Holy See. The Government has assessed the procedures for issuance of these documents and their security to be robust enough to merit an exemption from the visit visa requirement. Nationals, citizens and diplomatic passport holders of the Vatican City are already exempt from the visa requirement. Appendix Armed Forces 7.6 Minor technical amendments are being made to the Immigration Rules arising from the inclusion of a new Appendix Armed Forces (see statement of changes presented to Parliament on 8 November 2013). These are consequential changes to the general grounds for refusal, clarification that the 4 year limit on the duration of leave granted to members of armed forces who are not exempt from immigration control includes leave granted under the concession which previously applied to these applicants, and clarification that former members of HM Forces who have been granted limited leave under the current concession to allow for a recovery period following medical discharge are able to sponsor a partner or child. A further amendment replaces the income threshold with a maintenance and accommodation requirement in respect of a child applicant where neither parent is themselves subject to the income threshold e.g. because both parents are serving or have leave on discharge from HM Forces. Tier 1 (Graduate Entrepreneur) 7.7.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-1b258373d41735acb88b","countryCode":"GB","country":"United Kingdom","title":"Expansion of Pre-Entry Tuberculosis Screening to Additional Countries (HC 901)","policyEffect":"Amended Appendix T of the Immigration Rules to mandate pre-entry screening for active pulmonary tuberculosis for migrants applying to enter the UK for more than 6 months (or applying for settlement) from over 50 additional specified countries, requiring applicants to present an approved medical certificate before entry clearance is granted.","operativeDate":"2013-12-31","year":2013,"affectedGroup":"Long-term visa applicants (over 6 months) from designated countries","materialConditionsAndExceptions":"Validated condition or limit: Amended Appendix T of the Immigration Rules to mandate pre-entry screening for active pulmonary tuberculosis for migrants applying to enter the UK for more than 6 months (or applying for settlement) from over 50 additional specified countries, requiring applicants to present an approved medical certificate before entry clearance is granted.","policyCategory":"Admission","policyTool":"Health screening certificate requirement","sourceName":"service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a7c46b5ed915d76e2ebc466/0901.pdf","preciseCitation":"HC 901, Statement of Changes in Immigration Rules, 10 December 2013","evidencePassage":"review period to which it relates, the following review period is to begin with the day on which that report is published. “Relevant Rule” means an Immigration Rule which imposes a net burden (or cost) on business or civil society organisations. Changes 1. In Appendix T Part 1 – applicable countries delete “Migrants applying to enter the UK for more than 6 months from the countries listed below, and, in the case of China, Hong Kong and Macau, a migrant who is applying in a category which may lead to him being settled in the United Kingdom in accordance with the definition of \"settled in the United … Kingdom\" contained in paragraph 6 of the Immigration Rules, must present at the time of application a valid medical certificate issued by a medical practitioner listed in Part 2 of this Appendix confirming that they have undergone screening for active pulmonary tuberculosis and that such tuberculosis is not present in the applicant” and replace with “Migrants applying to enter the UK for more than 6 months from the countries listed below, or who are applying in a category which may lead to them being settled in the United Kingdom in accordance with the definition of \"settled in the United Kingdom\" contained in paragraph 6 of the Immigration Rules, must present at the time of application a valid medical certificate issued by a medical practitioner listed in Part 2 of this Appendix confirming that they have undergone screening for active pulmonary tuberculosis and that such tuberculosis is not present in the applicant.” 2. In Appendix T Part 1- applicable countries after “Afghanistan” insert Algeria.” 3. In Appendix T Part 1 – applicable countries after “Algeria” insert “Angola.” 4. In Appendix T Part 1 – applicable countries after “Angola” insert “Armenia”. 5. In Appendix T Part 1 – … OF CHANGES IN IMMIGRATION RULES PRESENTED TO PARLIAMENT ON 10 DECEMBER 2013 (HC 901) 1. This explanatory memorandum has been prepared by the Home Office and is laid before Parliament by Command of Her Majesty. 2. Purpose of the Instrument 2.1. To change the Immigration Rules for TB screening incorporating compulsory screening for active pulmonary tuberculosis for migrants coming to the UK for over six months from additional specified countries. 3. Matters of special interest to the Joint Committee on Statutory Instruments or the Select Committee on Statutory Instruments 3.1. This Statement amends the previous Statement of Changes HC 803 in relation to compulsory screening for active pulmonary tuberculosis of migrants coming to the UK for more than six months from specified countries. This Statement adds Algeria, Angola, Armenia, Azerbaijan, Benin, Botswana, Brunei Darussalam, Burundi, China (all categories), Cape Verdi, Central African Republic, Chad, Congo, Congo Democratic Republic of, Djibouti, Equatorial Guinea, Gabon, Georgia, Guinea, Guinea Bissau, Hong Kong (all categories), Kazakhstan, Kiribati, Korea, Korea Democratic Republic of, Kyrgyzstan, Liberia, Macau (all categories), Madagascar, Mali, Marshall Islands, Micronesia, Moldova, Mongolia, Mozambique, Namibia, Nigeria, Papua New Guinea, Palau, Russian Federation, Rwanda, Sao Tome & Principe, Senegal, Solomon Islands, Tajikistan, Timor Leste, Turkmenistan, Tuvalu, Uzbekistan, Ukraine and Vanuatu to the specified countries. 3.2 These changes reflect a Government commitment to introduce pre-entry screening for tuberculosis in 82 countries. The relevant Written Ministerial Statement (WMS) of the then Minister of State for Immigration, Damian Green, of 21 May 2012 is at http://www.ukba.homeoffice.gov.uk/sitecontent … Secretary, constitute a statement of practice to be followed in the administration of the Immigration Act 1971 for regulating entry into, and the stay of persons in, the United Kingdom. 1 4.2. This Statement of Changes in Immigration Rules will be incorporated into a consolidated version of the Immigration Rules, which can be found under the ‘Policy and Law’ page at www.ukba.homeoffice.gov.uk where there are also copies of all the Statements of Changes in Immigration Rules issued since May 2003. 4.3. The changes effected by this Statement of Changes to the Immigration Rules will take effect on 31st December","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-fc45911607158bd7ba09","countryCode":"GB","country":"United Kingdom","title":"The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013","policyEffect":"Amended EEA regulations regarding retention of worker and jobseeker status, requirements for non-EEA family members of returning British citizens, and powers to address abuse of residence rights.","operativeDate":"2014-01-01","year":2014,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2013/3032/made","preciseCitation":"legislation.gov.uk. The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013.","evidencePassage":"employed person who has ceased activity”) 2. In regulation 5, in paragraph (7), for “regulation 7A(3)”, substitute “regulations 6(2), 7A(3) or 7B(3)”. Regulation 6 (“Qualified person”) 3. In regulation 6— (a)in paragraph (2), for “regulation 7A(4)” substitute “regulations 7A(4) and 7B(4)”; (b)for paragraph (2)(b), substitute— “(b)he is in duly recorded involuntary unemployment after having been employed in the United Kingdom for at least one year, provided that he— (i)has registered as a jobseeker with the relevant employment office; and (ii)satisfies conditions A and B;”; (c)after paragraph (2)(b), insert— “(ba)he is in duly recorded involuntary unemployment after having been employed in the United Kingdom for less than one year, provided that he— (i)has registered as a jobseeker with the relevant employment office; and (ii)satisfies conditions A and B;”; (d)after paragraph (2), insert— “(2A) A person to whom paragraph (2)(ba) applies may only retain worker status for a maximum of six months.”; (e)for paragraph (4), substitute— “(4) For the purpose of paragraph (1)(a), a “jobseeker” is a person who satisfies conditions A and B. (5) Condition A is that the person— (a)entered the United … Kingdom in order to seek employment; or (b)is present in the United Kingdom seeking employment, immediately after enjoying a right to reside pursuant to paragraph (1)(b) to (e) (disregarding any period during which worker status was retained pursuant to paragraph (2)(b) or (ba)). (6) Condition B is that the person can provide evidence that he is seeking employment and has a genuine chance of being engaged. (7) A person may not retain the status of a worker pursuant to paragraph (2)(b), or jobseeker pursuant to paragraph (1)(a), for longer than six months unless he can provide compelling evidence … subject to worker authorisation under regulation 11 of the EU2 Regulations before 1st January 2014 must be treated as if it were a registration certificate issued under these Regulations so long as it has not expired.”. Regulation 9 (family members of British citizens) 5. For regulation 9, substitute— Family members of British citizens 9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a British citizen as if the British citizen (“P”) were an EEA national. (2) The conditions are that— (a)P is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom; (b)if the family member of P is P’s spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in the EEA State before the British citizen returned to the United Kingdom; and (c)the centre of P’s life has transferred to the EEA State where P resided as a worker or self-employed person. (3) Factors relevant to whether the centre of P’s life has transferred to another EEA State include— (a)the period of residence in … 1); or (b)regulation 21B(2), where that decision was taken in the preceding twelve months.”. Regulation 15B (continuation of a right of residence) 12. In regulation 15B, in paragraph (5), for “19(3)(b)” substitute “19(3)(b) or (c)”. Regulation 19 (exclusion and removal from the United Kingdom) 13. In regulation 19 (exclusion and removal from the United Kingdom)— (a)after paragraph (1A), insert— “(1AB) A person is not entitled to be admitted to the United Kingdom by virtue of regulation 11 if the Secretary of State considers there to be reasonable grounds to suspect that his admission would lead to the abuse of a right to reside in accordance with regulation 21B(1).”; (b)in paragraph (3), for sub-paragraphs (a) and (b) substitute— “(a)that person does not have or ceases to have a right to reside under these Regulations; (b)the Secretary of State has decided that the person’s removal is justified on grounds of public policy, public security or public health in accordance with regulation 21; or (c)the Secretary of State has decided that the person’s removal is justified on grounds of abuse of rights in accordance with regulation 21B(2).”. Regulation 20 (refusal to issue or renew and revocation … 6 of Schedule 1), which come into force on 7th April 2014. Paragraph 3 of Schedule 1 to the Regulations (“the Schedule”) amends regulation 6 of the Regulations in order to restrict the extent to which a person who is involuntarily unemployed may retain the status of “worker”. Where a person worked for more than 12 months before becoming involuntarily unemployed, worker status may be retained for up to six months while the person is seeking work and has genuine prospects of employment, and for longer if the person can provide compelling evidence that he or she continues to seek work and has a … genuine chance of being engaged. The new regulation 6(2)(ba) and (2A) provides that a person who has worked for less than 12 months may only retain worker status for a maximum of six months. Changes are also made to the definition of “jobseeker” to clarify that a person may be a jobseeker both upon entering the UK, and where they have previously enjoyed a right to reside as a “qualified person” in another capacity. A person may only retain jobseeker status for more than 6 months if they are able to provide compelling evidence of seeking work and having a genuine chance of being engaged. These","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-e6791a2927703f1804c3","countryCode":"GB","country":"United Kingdom","title":"Anti-social Behaviour, Crime and Policing Act 2014","policyEffect":"Introduced statutory powers for police officers, immigration officers, and designated customs officials at ports to search for and seize invalid travel documents, including cancelled passports, and retain them while their validity is checked.","operativeDate":"2014-03-14","year":2014,"affectedGroup":"All migrants","materialConditionsAndExceptions":"","policyCategory":"Border and land control","policyTool":"Surveillance technology / control powers","sourceName":"Home Office / GOV.UK","sourceUrl":"https://www.gov.uk/government/publications/circular-0042014-powers-to-search-for-and-seize-invalid-travel-documents","preciseCitation":"EMN 2014: 7","evidencePassage":"This circular advises recipients that the invalid travel document search and seizure provisions in Schedule 8 to the Anti-social Behaviour, Crime and Policing Act 2014 come into force on 14 March 2014.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-9c21971b7bc68aca9388","countryCode":"GB","country":"United Kingdom","title":"Annual Upward Revision of UK Visa, Nationality, and Sponsor Fees (2014)","policyEffect":"Implemented the annual statutory fee schedule for immigration, nationality, entry clearance, and sponsorship applications, setting updated fee amounts across various routes including Tier 1, Tier 2, ILR, visitor visas, and sponsor services. Phase scope: National implementation across all immigration, nationality, and sponsor licensing fee categories for applications submitted on or after 6 April 2014.","operativeDate":"2014-04-06","year":2014,"affectedGroup":"All applicants for uk entry clearance, leave to remain, nationality, or sponsorship licences","materialConditionsAndExceptions":"Validated condition or limit: Implemented the annual statutory fee schedule for immigration, nationality, entry clearance, and sponsorship applications, setting updated fee amounts across various routes including Tier 1, Tier 2, ILR, visitor visas, and sponsor services.; Phase scope: National implementation across all immigration, nationality, and sponsor licensing fee categories for applications submitted on or after 6 April 2014.","policyCategory":"Legal status and administration","policyTool":"Application and processing fees","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2014/922/pdfs/uksi_20140922_en.pdf","preciseCitation":"The Immigration and Nationality (Fees) Regulations 2014 (S.I. 2014/922), Regulation 1","evidencePassage":"These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2014 and come into force on 6th April 2014.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-e376bd51bf4093a5af08","countryCode":"GB","country":"United Kingdom","title":"The British Nationality (General) (Amendment) Regulations 2014","policyEffect":"Removes two English language tests offered by Educational Testing Service (TOEFL iBT and TOEIC) from the approved list for demonstrating sufficient knowledge of the English language when applying for naturalisation as a British citizen.","operativeDate":"2014-07-01","year":2014,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Citizenship or nationality status","policyTool":"Documentation","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2014/1465/made","preciseCitation":"legislation.gov.uk. The British Nationality (General) (Amendment) Regulations 2014.","evidencePassage":"These Regulations may be cited as the British Nationality (General) (Amendment) Regulations 2014 and come into force on 1st July 2014.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-2829e7ecf7ab4eb5072b","countryCode":"GB","country":"United Kingdom","title":"The Immigration (European Economic Area) (Amendment) Regulations 2014","policyEffect":"Amended regulation 6 of the 2006 EEA Regulations to restrict the length of residence for EEA jobseekers and tighten requirements for repeat periods of residence as a jobseeker.","operativeDate":"2014-07-01","year":2014,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2014/1451/made","preciseCitation":"legislation.gov.uk. The Immigration (European Economic Area) (Amendment) Regulations 2014.","evidencePassage":"1. These Regulations may be cited as the Immigration (European Economic Area) (Amendment) Regulations 2014 and come into force on 1st July 2014.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-48f0f6beed9012a20a59","countryCode":"GB","country":"United Kingdom","title":"Immigration Act 2014: Removal of Family Members of Removable Persons","policyEffect":"Introduced substituted section 10(2) of the Immigration and Asylum Act 1999, granting the Secretary of State and immigration officers statutory power to remove qualifying family members of a person liable to removal or already removed, provided written notice of intention to remove is served.","operativeDate":"2014-10-20","year":2014,"affectedGroup":"Qualifying family members of persons liable to or subject to removal","materialConditionsAndExceptions":"Requires written notice of intention to remove; family member must meet statutory relationship conditions, must not have independent leave entitlement, and must not be a British citizen or possess enforceable EU rights.","policyCategory":"Enforcement","policyTool":"Statutory removal power","sourceName":"legislation.gov.uk","sourceUrl":"https://legislation.gov.uk/ukpga/2014/22/2014-05-14/data.xht?view=snippet&wrap=true","preciseCitation":"Immigration Act 2014, s. 1 (substituting Immigration and Asylum Act 1999, s. 10(2)-(5))","evidencePassage":"Valid from 20/10/2014 1 Removal of persons unlawfully in the United Kingdom U.K. For section 10 of the Immigration and Asylum Act 1999, substitute— “ 10 Removal of persons unlawfully in the United Kingdom (1) A person may be removed from the United Kingdom under the authority of the Secretary of State or an immigration officer if the person requires leave to enter or remain in the United Kingdom but does not have it. (2) Where a person (“P”) is liable to be or has been removed from the United Kingdom under subsection (1), a member of P's family who meets the following three conditions may also be removed from the United Kingdom under the authority of the Secretary of State or an immigration officer, provided that the Secretary of State or immigration officer has given the family member written notice of the intention to remove him or her.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-e33de340b3c7475979fc","countryCode":"GB","country":"United Kingdom","title":"Immigration Act 2014: Removal of Unlawful Migrants","policyEffect":"Substituted section 10(1) of the Immigration and Asylum Act 1999 to establish a unified statutory power to remove any person from the United Kingdom under the authority of the Secretary of State or an immigration officer if that person requires leave to enter or remain but does not have it.","operativeDate":"2014-10-20","year":2014,"affectedGroup":"Persons requiring leave to enter or remain in the United Kingdom who do not have it","materialConditionsAndExceptions":"Applies to persons who require leave to enter or remain in the UK but do not possess valid leave.","policyCategory":"Enforcement","policyTool":"Statutory removal power","sourceName":"legislation.gov.uk","sourceUrl":"https://legislation.gov.uk/ukpga/2014/22/2014-05-14/data.xht?view=snippet&wrap=true","preciseCitation":"Immigration Act 2014, s. 1 (substituting Immigration and Asylum Act 1999, s. 10(1))","evidencePassage":"Valid from 20/10/2014 1 Removal of persons unlawfully in the United Kingdom U.K. For section 10 of the Immigration and Asylum Act 1999, substitute— “ 10 Removal of persons unlawfully in the United Kingdom (1) A person may be removed from the United Kingdom under the authority of the Secretary of State or an immigration officer if the person requires leave to enter or remain in the United Kingdom but does not have it.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-be868b990aa6838706048097","countryCode":"GB","country":"United Kingdom","title":"Service of notice for removal of family members","policyEffect":"Service of notice for removal of family members","operativeDate":"2014-11-14","year":2014,"affectedGroup":"Family members of a person who is liable to be or has been removed from the united kingdom","materialConditionsAndExceptions":"Recorded validated scope: The Immigration (Removal of Family Members) Regulations 2014.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/id/uksi/2014/2816","preciseCitation":"","evidencePassage":"Immigration and Asylum Act 1999; “family member” means a person who meets the conditions set out in section 10(3), (4) and (5) of the Act; “P” means a person who is liable to be or has been removed from the United Kingdom under section 10(1) of the Act. Giving of notice to a family member 3. A notice given to a family member in accordance with section 10(2) of the Act may be given— (a) at any time prior to P’s removal, or (b) during the period of eight weeks beginning with the date on which P is removed. Service of notice 4. —(1) A notice given to a family member in accordance with section 10(2) … of the Act may be— (a) given by hand, (b) sent by fax, (c) sent by postal service in which delivery or receipt is recorded to— (i) an address provided for correspondence by the person or the person’s representative, or (ii) where no address for correspondence has been provided, the last-known or usual place of abode or place of business of the person or the person’s representative, (d) sent electronically, (e) sent by document exchange to a document exchange number or address, (f) sent by courier, (g) collected by the person who is the subject of the decision or the person’s representative. (2) Where— (a) a person’s whereabouts are not known, and (b) no address is available for correspondence with either the person or the person’s representative under paragraph (1)(c), the notice shall be deemed to have been given when the Secretary of State or immigration officer enters a record of the above circumstances and places the signed notice on the relevant file. (3) Where notice is deemed to have been given in accordance with paragraph (2) and subsequently the person is located, the person is to be given a copy of the notice and details of when and how it was deemed to be served as soon … as is practicable. (4) Where a notice is sent by post in accordance with paragraph (1)(c) it shall be deemed to have been served, unless the contrary is proved, on the second day after it was posted. (5) For the purposes of paragraph (4) the period is to be calculated— (a) excluding the day on which the notice is posted, and (b) excluding any day which is not a business day. (6) In this regulation, “business day” means any day other than Saturday or Sunday, a day which is a bank holiday under the Banking and Financial Dealings Act 1971( 2 ) in the part of the United Kingdom to which the notice … is sent, Christmas Day or Good Friday. (7) A notice to be given to a family member in accordance with section 10(2) of the Act may, in the case of a child below the age of 18 who does not have a representative, be given to P. James Brokenshire Minister of State Home Office 20th October 2014 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations make provision under section 10(10)(b) of the Immigration and Asylum Act 1999 (“the 1999 Act”), as amended by section 1 of the Immigration Act 2014, in respect of the service of notice to family members of a person who is liable … to be or has been removed under section 10(1) of the 1999 Act, as amended, prior to the removal of those family members. The Regulations make provision in respect of the timing of such notice and set out how such notice is to be served. ( 1 ) 1999 c.33 , as amended by section 1 of the Immigration Act 2014 (c.22) . ( 2 ) 1971 c.80 .","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-235a4bdb842d0cf4b2562b54","countryCode":"GB","country":"United Kingdom","title":"Waiver of fee","policyEffect":"Waiver of fee","operativeDate":"2014-11-17","year":2014,"affectedGroup":"Not for profit providers of immigration advice or immigration services","materialConditionsAndExceptions":"Recorded validated scope: Immigration Services Commissioner registration application fees.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/id/uksi/2014/2847","preciseCitation":"","evidencePassage":"Services Commissioner (Application Fee) Order 2011 2. —(1) The Immigration Services Commissioner (Application Fee) Order 2011( 2 ) is amended as follows. (2) In article 3(b)(i), after “provide immigration”, insert “advice”. (3) In article 5(b), after “providing immigration”, insert “advice”. (4) After article 6 insert— Waiver of specified fee 6A. On an application for registration or, as the case may be, continued registration, the Commissioner must waive all of the fee specified in this Order where the applicant is a person who— (a) provides immigration advice or immigration services in the course of a business that is not for profit; and (b) does not charge a fee, directly or indirectly, for the provision of that advice or those services. ” James Brokenshire Minister of State Home Office 23rd October 2014 EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Immigration Services Commissioner (Application Fee) Order 2011 (the “2011 Order”) ( S.I. 2011/1366 ) to require the Commissioner to waive all of the fee specified in the 2011 Order where the person applying for registration or continued registration operates on a not for profit basis and does not charge","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-fa1e0fb30b0086969d7c","countryCode":"GB","country":"United Kingdom","title":"The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014","policyEffect":"Introduced the prescribed document and identity verification requirements and statutory codes of practice under the Immigration Act 2014 for landlords and letting agents conducting 'Right to Rent' immigration status checks before entering into residential tenancy agreements.","operativeDate":"2014-12-01","year":2014,"affectedGroup":"All migrants","materialConditionsAndExceptions":"Validated condition or limit: Introduced the prescribed document and identity verification requirements and statutory codes of practice under the Immigration Act 2014 for landlords and letting agents conducting 'Right to Rent' immigration status checks before entering into residential tenancy agreements.","policyCategory":"Legal entry and stay","policyTool":"Access to social benefits and socio-economic rights","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2014/2874/made","preciseCitation":"https://www.morton-fraser.com/knowledge-hub/immigration-act-2014-what-it-actually-means https://commonslibrary.parliament.uk/research-briefings/sn07025/","evidencePassage":"This Order sets out the prescribed requirements for the prescribed identity checks which must be complied with by landlords when entering into a residential tenancy agreement. This Order also brings the statutory Codes of Practice into force.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-072f83ad569dca7368d1","countryCode":"GB","country":"United Kingdom","title":"Counter-Terrorism and Security Act 2015","policyEffect":"Introduced statutory Temporary Exclusion Orders (TEOs) enabling the Secretary of State to prohibit a British citizen suspected of involvement in terrorism-related activity abroad from returning to the United Kingdom without a permit to return or deportation to the UK.","operativeDate":"2015-02-12","year":2015,"affectedGroup":"British citizens outside the united kingdom who have the right of abode in the united kingdom and are suspected of involvement in terrorism-related activity outside the united kingdom","materialConditionsAndExceptions":"","policyCategory":"Border and land control","policyTool":"Expulsion","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/ukpga/2015/6/part/1/chapter/2/crossheading/imposition-of-temporary-exclusion-orders/enacted","preciseCitation":"https://www.legislation.gov.uk/ukpga/2015/6/part/1/chapter/2/crossheading/imposition-of-temporary-exclusion-orders/enacted; https://www.legislation.gov.uk/ukpga/2015/6/enacted","evidencePassage":"A “temporary exclusion order” is an order which requires an individual not to return to the United Kingdom unless— (a)the return is in accordance with a permit to return issued by the Secretary of State before the individual began the return, or (b)the return is the result of the individual’s deportation to the United Kingdom. … [12th February 2015] … The other provisions of this Act come into force on the day on which this Act is passed. … Condition C is that the Secretary of State reasonably considers that the individual is outside the United Kingdom. (6)Condition D is that the individual has the right of abode in the United Kingdom. … Condition E is that— (a)the court gives the Secretary of State permission under section 3, or (b)the Secretary of State reasonably considers that the urgency of the case requires a temporary exclusion order to be imposed without obtaining such permission.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recall-7273aac8bf65ca57d02e","countryCode":"GB","country":"United Kingdom","title":"Restricted appeal regime extended to Tier 1, Tier 2 and Tier 5 applicants","policyEffect":"Expands the implementation of the Immigration Act 2014 appeals and removal regime to Tier 1, Tier 2, and Tier 5 applicants and their dependants applying on or after 2 March 2015, phasing out standard immigration appeal rights.","operativeDate":"2015-03-02","year":2015,"affectedGroup":"Tier 1, Tier 2 and Tier 5 applicants and family members applying for leave to remain on or after 2 March 2015","materialConditionsAndExceptions":"Validated condition or limit: The new framework applied to covered applications made on or after 2 March 2015 and generally limited appeals to human-rights or protection grounds.","policyCategory":"Enforcement","policyTool":"Regulation","sourceName":"legislation.gov.uk","sourceUrl":"https://legislation.gov.uk/uksi/2015/371/made","preciseCitation":"SI 2015/371; operative 2015-03-02.","evidencePassage":"itizen, an EEA national or a Swiss national) may still be solemnized in the Anglican Church on the authority of a common licence provided that licence was granted on or before 1st March or the parties have applied for a common licence and that application was received by the appropriate Church authorities on or before 1st March. The Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014 ( S.I. 2014/2771 ) (“the Commencement Order”) commenced (amongst others) provisions relating to removal and appeals which it collectively defined as “the relevant provisions”, but also contained saving provisions which limited the circumstances in which the relevant provisions would have effect. Part 3 of this Order contains amendments to the Commencement Order which will take effect in two stages, expanding the circumstances in which the relevant provisions have effect. To achieve the first stage of the expansion, article 7 inserts new article 11(1A) into the Commencement Order, providing that the relevant provisions will additionally have effect in relation to a person (“P3”) who makes an application for leave to remain as a Tier 1 Migrant, a Tier 2 Migrant, or a Tier 5 Migrant, or as their family member, on or after 2nd March 2015. The persons in this category will also be subject to the saving provisions set out in article 11(2) and (3) of the Commencement Order. The second phase of the expansion is effected by article 8. This article removes as of 6th April 2015 the saving provisions in articles 9, 10 and 11 of the Commencement Order, with the effect that the relevant provisions will have general effect from that date. However article 8 also inserts a new article 9 into the Commencement Order which contains some saving provisions for certain types of decision, or application, which are made prior to 6th April 2015. Accordingly, the saved provisions will continue to have effect so far as they relate to the following decisions made on or after 6th April 2015: refusals of applications to vary leave to enter or remain made before 20th October 2014 where the person was seeking leave to remain as a Tier 4 Migrant or a","reviewMethod":"Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d392b4675b00108dc7fb","countryCode":"GB","country":"United Kingdom","title":"The Immigration (European Economic Area) (Amendment) Regulations 2015","policyEffect":"Amends the 2006 EEA Regulations and 2013 Croatian Accession Regulations regarding EEA residence rights, admission revocation powers, alignment of appeal procedures with the Immigration Act 2014, and worker authorization rules for Croatian student union sabbatical officers.","operativeDate":"2015-04-06","year":2015,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2015/694/made","preciseCitation":"legislation.gov.uk. The Immigration (European Economic Area) (Amendment) Regulations 2015.","evidencePassage":"2. These Regulations come into force on 6th April 2015.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-fcee5f100eb859a40a35","countryCode":"GB","country":"United Kingdom","title":"The Immigration (Health Charge) Order 2015","policyEffect":"Requires non-EEA nationals applying for limited entry clearance or leave to remain in the UK to pay an immigration health charge as a prerequisite for a valid application and grant of leave.","operativeDate":"2015-04-06","year":2015,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Requires non-EEA nationals applying for limited entry clearance or leave to remain in the UK to pay an immigration health charge as a prerequisite for a valid application and grant of leave.","policyCategory":"Admission","policyTool":"Fees","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2015/792/made","preciseCitation":"legislation.gov.uk. The Immigration (Health Charge) Order 2015.","evidencePassage":"on which it is made. Interpretation 2. In this Order— “the 2014 Act” means the Immigration Act 2014; “entry clearance officer” means a person entitled under the immigration rules to grant or refuse entry clearance; “immigration rules” means rules made under section 3(2) of the Immigration Act 1971(2). Requirement to pay an immigration health charge 3.—(1) A person who applies for— (a)entry clearance of a type mentioned in section 38(2)(b) or (c) of the 2014 Act, or (b)leave to remain in the United Kingdom for a limited period, must pay a charge to the Secretary of State, subject to article 7. … annual amount; (b)more than 6 months, the amount payable for that part is the specified annual amount. When a charge must be paid 5.—(1) A person required by article 3 to pay a charge must pay the amount required when the person applies for entry clearance or leave to remain, as applicable. (2) A charge is only paid as required by paragraph (1) where the person does not cancel or otherwise reclaim that payment subsequently, and provided the charge has not been wholly refunded under article 8. Consequences of a failure to pay a charge 6.—(1) Where a person required by article 3 to pay a charge fails to pay the required amount in accordance with article 5, and the entry clearance or leave to remain, as applicable, has not yet been granted or refused, subject to paragraph (2)— (a)an entry clearance officer or the Secretary of State, as applicable, may request that the person pays the outstanding charge; (b)the person must pay the outstanding charge— (i)in the case of an application for entry clearance, within 7 working days beginning with the date when the request for the payment under sub-paragraph (a) is sent in writing or made by telephone or in person, or (ii)in the case of an application for leave to remain, within 10 working days beginning with the date when the request for the payment under sub-paragraph (a) is sent in writing or made by telephone or in person; (c)if the outstanding charge is not paid within the time period mentioned in— (i)sub-paragraph (b)(i), the application for entry clearance must be refused by an entry clearance officer, or (ii)sub-paragraph (b)(ii), the application for leave to remain must be treated as invalid by the Secretary of State, as applicable. (2) Where a person makes an application for entry clearance or leave to remain and, before the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-777db30c3abc2ef303fd","countryCode":"GB","country":"United Kingdom","title":"The Asylum Support (Amendment No. 3) Regulations 2015","policyEffect":"Replaced the tiered asylum support rate structure with a single standard flat weekly cash support rate of £36.95 per person for essential living needs across all supported asylum seekers and dependants regardless of age.","operativeDate":"2015-08-10","year":2015,"affectedGroup":"Refugees, asylum seekers and other vulnerable people","materialConditionsAndExceptions":"","policyCategory":"Legal entry and stay","policyTool":"Access to social benefits and socio-economic rights","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2015/1501/made","preciseCitation":"EMN 2015: 17","evidencePassage":"As a general rule, asylum support in respect of the essential living needs of that person may be expected to be provided weekly in the form of a cash payment of £36.95.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fa1469ecd75dcdb9fbe8","countryCode":"GB","country":"United Kingdom","title":"Introduction of leave to remain for domestic workers who are victims of modern slavery or human trafficking","policyEffect":"Introduced a dedicated route providing limited leave to remain for up to 6 months for domestic workers in private households or diplomatic households who receive a positive conclusive grounds decision under the National Referral Mechanism confirming they are victims of modern slavery or human trafficking.","operativeDate":"2015-10-15","year":2015,"affectedGroup":"Overseas domestic workers in private households or diplomatic servants who are victims of modern slavery or human trafficking","materialConditionsAndExceptions":"Applicant must have had most recent leave granted as a domestic worker in a private household, Tier 5 private servant in a diplomatic household, or under this route; must have a positive conclusive grounds decision under the National Referral Mechanism; must apply within 28 days of notification (or within 28 days of the outcome of an outstanding application); must maintain and accommodate themselves without recourse to public funds; leave granted for up to 6 months with no recourse to public funds and employment restricted to domestic work in a private household or diplomatic household.","policyCategory":"New pathway","policyTool":"Immigration Rules","sourceName":"service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a80947de5274a2e87dba9ef/51191_hc_437__immigration_rules_print_ready.pdf","preciseCitation":"Statement of Changes in Immigration Rules HC 437, Implementation section and paragraph 5.4 (inserting Rules 159I-159K).","evidencePassage":"The changes to Introduction, Part 1, Part 5, Part 6A, Part 9 and Appendix 7 set out in paragraphs I1, 1.1, 5.1 to 5.4, 6A.1, 9.1 and App7.1 to App7.8 of this statement shall take effect from 15 October. ... After paragraph 159H, insert: “Domestic workers who are the victim of slavery or human trafficking Requirements for leave to remain as a domestic worker who is the victim of slavery or human trafficking 159I. The requirements to be met by a person seeking leave to remain as a domestic worker who is the victim of slavery or human trafficking are that: (i) the applicant’s most recent grant of leave to enter or remain in the UK has been granted: (a) as a domestic worker in a private household; (b) as a Tier 5 (Temporary Worker) migrant on the basis of a Certificate of Sponsorship issued in the International Agreement subcategory which confirmed that the applicant was being sponsored as a private servant in a diplomatic household; or (c) as a domestic worker who is the victim of slavery or human trafficking; (ii) the applicant is the subject of a positive conclusive grounds decision made by a competent authority under the National Referral Mechanism; ... Leave to remain as a domestic worker who is the victim of slavery or human trafficking 159J. A person meeting the requirements of paragraph 159I will be granted leave to remain for a period not exceeding 6 months.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-e615229366a76a207eeb","countryCode":"GB","country":"United Kingdom","title":"Registered Traveller membership expanded to Hong Kong SAR, Singapore, South Korea and Taiwan","policyEffect":"On January 25, 2016, the Home Office expanded the Registered Traveller service to eligible travellers from Hong Kong (Special Administrative Region only), Singapore, South Korea and Taiwan. The announcement states that potential members applied online, underwent Border Force security checks and were provisionally accepted; membership was completed on their next UK visit. Approved members could use passport eGates and UK/EU controls at Heathrow and other participating airports. This was access to expedited border clearance for qualifying members, not a new general right to enter or a visa exemption. The separate November announcement confirms the January date and Hong Kong SAR limitation. This record contains only the four January additions; the later sixteen-country expansion is separately dated November21.","operativeDate":"2016-01-25","year":2016,"affectedGroup":"Eligible travellers from the four added jurisdictions applying for registered traveller membership","materialConditionsAndExceptions":"Validated condition or limit: On January 25, 2016, the Home Office expanded the Registered Traveller service to eligible travellers from Hong Kong (Special Administrative Region only), Singapore, South Korea and Taiwan.; This record contains only the four January additions","policyCategory":"Border and land control","policyTool":"Expedited border clearance eligibility","sourceName":"GOV.UK (Home Office, Border Force, and The Rt Hon James Brokenshire)","sourceUrl":"https://www.gov.uk/government/news/expansion-of-the-uk-registered-traveller-service","preciseCitation":"Home Office / Border Force original announcements, January25 and November19,2016","evidencePassage":"Further expansion of UK Registered Traveller Service - GOV.UK Cookies on GOV.UK We use some essential cookies to make this website work. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. We also use cookies set by other sites to help us deliver content from their services. You have accepted additional cookies. You can change your cookie settings at any time. You have rejected additional cookies. You can change your cookie settings at any time. Accept additional cookies Reject additional cookies View cookies Hide cookie message Skip to main content Navigation menu Menu Menu Services and information Benefits Births, death, marriages and care Business and self-employed Childcare and parenting Citizenship and living in the UK Crime, justice and the law Disabled people Driving and transport Education and learning Employing people Environment and countryside Housing and local services Money and tax Passports, travel and living abroad Visas and immigration Working, jobs and pensions Government activity Departments Departments, agencies and public bodies News News stories, speeches, letters and notices Guidance and regulation Detailed guidance, regulations and rules Research and statistics Reports, analysis and official statistics Policy papers and consultations Consultations and strategy Transparency Data, Freedom of Information releases and corporate reports Search GOV.UK × Search GOV.UK Search Search GOV.UK Search Home Entering and staying in the UK Border control Press release Further expansion of UK Registered Traveller Service Business travellers and frequent visitors from 16 countries to benefit from faster entry to the UK as Registered Traveller Service grows From: Border Force, Home Office, The Rt Hon Liam Fox and The Rt Hon Amber Rudd Published: 19 November 2016 This was published under the 2016 to 2019 May Conservative government Registered traveller logo. From Monday (21 November), frequent travellers to the UK from 16 new countries will be eligible to apply for membership of the scheme, which brings the potential for improved trade and tourism links. Membership will now be open to passengers from Argentina, Belize, Brazil, Brunei, Chile, Costa Rica, El Salvador, Guatemala, Honduras, Israel, Malaysia, Mexico, Nicaragua, Panama, Paraguay and Uruguay. Visitors from just six of the countries, Argentina, Brazil, Chile, Israel, Malaysia and Mexico, spent close to £1bn in the UK last year, an increase of almost 30 per cent on the previous year. The Prime Minister announced earlier this month that the service will also be offered to certain categories of traveller from India in the future. Home Secretary, Amber Rudd said: By opening the Registered Traveller Service to even more members we are sending a clear message to the world that the UK is open for business. Last year, visitors from the newly-eligible nations spent close to £1bn in the UK and trade with them is worth … to the UK’s economy every year. Registered Traveller is one of the many ways this government is making it easier for businesses across the world to do business with the UK and I look forward to watching the service grow in the future. International Trade Secretary, Liam Fox said: I’m pleased to see the Registered Traveller scheme expanding to include these key markets. Latin America offers fantastic opportunities for British companies and many have already had success in the region, with 58 of our FTSE 100 firms doing business there. For UK companies looking to build a global brand, as well as international businesses keen to invest in the UK’s thriving marketplace, making contacts and forging new relationships is essential. So it’s vital we make business travel into the UK as smooth as possible. Registered Traveller, which is already open to passport holders from Australia, Canada, Hong Kong, Japan, New Zealand, Singapore, South Korea, Taiwan and the US, currently has more than 67,000 members and offers faster entry through the UK border. The service allows approved members, who have undergone advanced security checks, faster entry at the UK border through access to the ePassport gates (if a holder of an ePassport) or the UK/EU passport lane. To be eligible to apply, passengers must hold an eligible passport and have a visa/entry clearance or have visited the UK at least four times in the past two years. More information and application forms can be found on GOV.UK. Notes to Editors The Registered Traveller Service went fully live on 8 April 2015 for applicants aged 18 and over, from Australia, Canada, Japan, New Zealand and the United States. The service was extended to include applicants from Hong Kong (Special Administrative Region only), Singapore, South Korea and Taiwan on 25 January 2016. In November 2016 the UK Prime Minister announced the future expansion of the service to certain categories of traveller from India. The International Passenger Survey results showed that in 2015, visitors from Argentina, Brazil, Chile, Israel, Malaysia and Mexico alone spent £923.53m in the UK. Share this page The following links open in a new tab Share on Facebook (opens in new tab) Share on X (opens in new tab) Updates to this page Published 19 November 2016 Explore the topic Visas and entry clearance Border control World locations Argentina Belize Brazil Brunei Chile Show 11 more world locations Costa Rica, Guatemala, Honduras, Israel, Malaysia, Mexico, Panama, Uruguay, Nicaragua, Paraguay, and El Salvador Is this page useful? Maybe Yes this page is useful No this page is not useful Thank you for your feedback Report a problem with this page Help us improve GOV.UK Do not include personal or financial information like your National Insurance number or credit card details. This field is for robots only. Please leave blank What were you doing? What went wrong? Send Cancel Help us improve GOV.UK To help us improve GOV.UK, we’d like to know more about","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-9b8767fa5a6cf7033773","countryCode":"GB","country":"United Kingdom","title":"Immigration Act 2014","policyEffect":"Implementation of the 'right to rent' provisions in England, prohibiting landlords from letting residential properties to individuals disqualified by their immigration status.","operativeDate":"2016-02-01","year":2016,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"Enforcement","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/ukpga/2014/22/section/22","preciseCitation":"legislation.gov.uk. Immigration Act 2014.","evidencePassage":"relevant to the provision you are viewing. View outstanding changes Changes and effects yet to be applied to Section 22: Sch. 3 para. 8A inserted by 2016 c. 19 Sch. 12 para. 16 Changes and effects yet to be applied to the whole Act associated Parts and Chapters: Whole provisions yet to be inserted into this Act (including any effects on those provisions): Sch. 3 para. 8A inserted by 2016 c. 19 Sch. 12 para. 16 22Persons disqualified by immigration status not to be leased premisesU.K. This section has no associated Explanatory Notes (1)A landlord must not authorise an adult to occupy premises under a residential tenancy agreement if the adult is disqualified as a result of their immigration status. (2)A landlord is to be taken to “authorise” an adult to occupy premises in the circumstances mentioned in subsection (1) if (and only if) there is a contravention of this section. (3)There is a contravention of this section in either of the following cases. (4)The first case is where a residential tenancy agreement is entered into that, at the time of entry, grants a right to occupy premises to— (a)a tenant who is disqualified as a result of their immigration status, (b)another adult named in the agreement who is disqualified as a result of their immigration status, or (c)another adult not named in the agreement who is disqualified as a result of their immigration status (subject to subsection (6)). (5)The second case is where— (a)a residential tenancy agreement is entered into that grants a right to occupy premises on an adult with a limited right to rent, (b)the adult later becomes a person disqualified as a result of their immigration status, and (c)the adult continues to occupy the premises after becoming disqualified. (6)There is a contravention as a result of subsection (4) … circumstances involving illegality. (10)In this Chapter— “post-grant contravention” means a contravention in the second case mentioned in subsection (5); “pre-grant contravention” means a contravention in the first case mentioned in subsection (4); “relevant occupier”, in relation to a residential tenancy agreement, means any adult who occupies premises under the agreement (whether or not named in the agreement). Commencement Information I1S. 22 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(c) I2S. 22 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(c) Previous: Provision Next: Provision Back to top Options/Help Print Options PrintThe Whole Act PDF The Whole Act Web page The Whole Act PrintThe Whole Part PDF The Whole Part Web page The Whole Part PrintThe Whole Chapter PDF The Whole Chapter Web page The Whole Chapter PrintThe Whole Cross Heading PDF The Whole Cross Heading Web page The Whole Cross Heading PrintThis Section only PDF This Section only Web page This Section only You have chosen to open The Whole Act The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-gb-au-nz-health-charge-exemption-ended-20160406","countryCode":"GB","country":"United Kingdom","title":"Australian and New Zealand nationality exemption from immigration health charge removed","policyEffect":"From April 6, 2016, article 3(3) of S.I.2016/400 removed the Australian/New Zealand nationality exemption in paragraph 2 of Schedule 2 to the Immigration (Health Charge) Order 2015. Nationals applying within the chargeable scope for limited permission became liable unless another exemption or discretionary reduction/waiver applied. The annual amount was £150 for students and student dependants; the simultaneous new Youth Mobility Scheme entry-clearance tariff was also £150, so previously nationality-exempt Australian/New Zealand YMS applicants moved from exemption to a £150 annual amount. The residual annual tariff was £200. This record counts loss of the nationality exemption, not a tariff reduction for these previously exempt applicants. The charge remained application-based, calculated under article 4 by the maximum period of permission, including its half-year rounding rules, and payable when applying. The Secretary of State retained discretion to reduce, waive or refund all or part under article 8. Other Schedule 2 exemptions remained applicable: specified short entry-clearance applications, visitors (with the reference updated to Appendix V), Tier 2 intra-company transfers, looked-after children, specified asylum/humanitarian-protection, Article 3, trafficking and destitution-domestic-violence applications, their specified dependants, specified armed-forces dependants, applications pursuant to EU obligations, and qualifying British Overseas Territory citizens resident in the Falkland Islands. This does not make the charge payable by every national or every visitor.","operativeDate":"2016-04-06","year":2016,"affectedGroup":"Australian and new zealand nationals making otherwise chargeable applications for limited permission","materialConditionsAndExceptions":"Validated condition or limit: Nationals applying within the chargeable scope for limited permission became liable unless another exemption or discretionary reduction/waiver applied.; the simultaneous new Youth Mobility Scheme entry-clearance tariff was also £150, so previously nationality-exempt Australian/New Zealand YMS applicants moved from exemption to a £150 annual amount.; This record counts loss of the nationality exemption, not a tariff reduction for these previously exempt applicants.; The charge remained application-based, calculated under article 4 by the maximum period of permission, including its half-year rounding rules, and payable when applying.; Other Schedule 2 exemptions remained applicable: specified short entry-clearance applications, visitors (with the reference updated to Appendix V), Tier 2 intra-company transfers, looked-after children, specified asylum/humanitarian-protection, Article 3,…","policyCategory":"Fees and financial requirements","policyTool":"Immigration health surcharge","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2016/400/made","preciseCitation":"S.I.2016/400 articles1–3 and explanatory note; S.I.2015/792 articles3–8 and Schedules1–2","evidencePassage":"The Immigration (Health Charge) (Amendment) Order 2016 Skip to main content Skip to navigation legislation.gov.ukhttps://www.nationalarchives.gov.uk Cymraeg Home Explore our collections Research tools Help and guidance What's new About us Search Legislation Search Legislation Title: (or keywords in the title) Year: Number: Type:All UK Legislation (excluding originating from the EU)--------------------------------------------All Legislation (including originating from EU)--------------------------------------------All Legislation originating from the EU that is amended by the UK--------------------------------------------All Primary Legislation UK Public General Acts UK Local Acts UK Private and Personal Acts Acts of the Scottish Parliament Acts of Senedd Cymru Acts of the National Assembly for Wales Measures of the National Assembly for Wales Church Measures Acts of the Northern Ireland Assembly Acts of the Old Scottish Parliament Acts of the English Parliament Acts of the Old Irish Parliament Acts of the Parliament of Great Britain Local Acts of the Parliament of Great Britain Private and Personal Acts of the Parliament of Great Britain Northern Ireland Orders in Council Measures of the Northern Ireland Assembly Acts of the Northern Ireland Parliament--------------------------------------------All Secondary Legislation UK Statutory Instruments Welsh Statutory Instruments Scottish Statutory Instruments Northern Ireland Statutory Rules Church Instruments UK Ministerial Directions UK Ministerial Orders UK Statutory Rules and Orders Northern Ireland Statutory Rules and Orders--------------------------------------------All Legislation originating from the EU Regulations originating from the EU Regulations originating from the EU that are amended by the UK Decisions originating from the EU Decisions originating from the EU that are amended by the UK Directives originating from the EU European Union Treaties--------------------------------------------All Draft Legislation UK Draft Statutory Instruments Scottish Draft Statutory Instruments Northern Ireland Draft Statutory Rules--------------------------------------------All Impact Assessments UK Impact Assessments Search Advanced Search The Immigration (Health Charge) (Amendment) Order 2016 You are here: UK Statutory Instruments 2016 No. 400 Whole Instrument Table of Contents Content Explanatory Memorandum Impact Assessments More Resources Previous Next Plain View Print Options What Version Latest available (Revised) Original (As made) Opening Options Open whole Instrument More Resources Original: King's Printer Version View more Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Statutory Instruments 2016 No. 400 Immigration The Immigration (Health Charge) (Amendment) Order 2016 Made 16th March 2016 Coming into force 6th April 2016 The Secretary of State makes the following Order in exercise of the powers conferred by sections 38(1) and (3) and 74(8) of the Immigration Act 2014(1). In accordance with section 38(4) of that Act, in specifying the amount of the charge under section 38(3)(b) of the Act, the Secretary of State has (among other matters) had regard to the range of health services that are likely to be available free of charge to persons who have been given immigration permission. In accordance with section 74(2) of the Immigration Act 2014, a draft of this Order was laid before and approved by a resolution of each House of Parliament. Citation, commencement and interpretation 1.—(1) This Order may be cited as the Immigration (Health Charge) (Amendment) Order 2016 and comes into force at the end of the period of 21 days beginning with the day on which it is made. (2) In this Order, “the Principal Order” means the Immigration (Health Charge) Order 2015(2). Amendment to Schedule 1 to the Principal Order 2.—(1) Schedule 1 to the Principal Order is amended as follows. (2) In the table, before the entry for all other applications for entry clearance or leave to remain insert— “Application for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant in accordance with the immigration rules.£150” Amendments to Schedule 2 to the Principal Order 3.—(1) Schedule 2 to the Principal Order is amended as follows. (2) In paragraph 1(b), for “Part 2 of the immigration rules” substitute “Appendix V to the immigration rules”. (3) Omit paragraph 2. James Brokenshire Minister of State Home Office 16th March 2016 EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Immigration (Health Charge) Order 2015 (S.I. 2015/792) (“the Principal Order”) which requires a person who applies for entry clearance for a limited period, or for limited leave to remain in the United Kingdom, to pay an immigration health charge. Schedule 1 to the Principal Order sets out the annual amount of the charge which is payable and Schedule 2 contains a number of exemptions from the obligation to pay the charge. Article 2 amends Schedule 1 to the Principal Order to provide that those applying under the immigration rules for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant will be required to pay the immigration health charge at an annual amount of £150, instead of £200 which is the current amount payable by such an applicant who is not within one of the exemptions in the Principal Order. An applicant from Australia or New Zealand who is currently exempt will, as a result of Article 3, be required to pay an annual amount of £150. Article 3 amends Schedule 2 to the Principal Order to update the reference to the immigration rules relating to visitors and remove the exemption from paying the immigration health charge which applies to a national of Australia or New Zealand. A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is annexed to the Explanatory Memorandum","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-gb-yms-health-charge-reduction-20160406","countryCode":"GB","country":"United Kingdom","title":"Youth Mobility Scheme annual health-charge rate reduced for applicants already liable","policyEffect":"From April 6, 2016, article 2 of S.I.2016/400 added a £150 annual immigration-health-charge rate for applications for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant under the immigration rules. Such applicants previously fell within the £200 annual residual tariff when not exempt; their annual rate therefore fell by £50. This is a tariff for YMS entry-clearance applications, not a general reduction for all youth visas or all leave-to-remain applications. The reduction effect concerns applicants already liable. Australian/New Zealand nationals instead lost their separate nationality exemption simultaneously and became liable at £150 if no other exemption applied; that increase is counted in the separate nationality-exemption component. The charge remained application-based, calculated under article 4 by the maximum period of permission, including its half-year rounding rules, and payable when applying. The Secretary of State retained discretion to reduce, waive or refund all or part under article 8. Other Schedule 2 exemptions remained applicable: specified short entry-clearance applications, visitors (with the reference updated to Appendix V), Tier 2 intra-company transfers, looked-after children, specified asylum/humanitarian-protection, Article 3, trafficking and destitution-domestic-violence applications, their specified dependants, specified armed-forces dependants, applications pursuant to EU obligations, and qualifying British Overseas Territory citizens resident in the Falkland Islands. This does not make the charge payable by every national or every visitor.","operativeDate":"2016-04-06","year":2016,"affectedGroup":"Tier 5 youth mobility scheme entry-clearance applicants already liable for the charge","materialConditionsAndExceptions":"Validated condition or limit: Such applicants previously fell within the £200 annual residual tariff when not exempt; The charge remained application-based, calculated under article 4 by the maximum period of permission, including its half-year rounding rules, and payable when applying.; Other Schedule 2 exemptions remained applicable: specified short entry-clearance applications, visitors (with the reference updated to Appendix V), Tier 2 intra-company transfers, looked-after children, specified asylum/humanitarian-protection, Article 3, trafficking and destitution-domestic-violence applications, their specified dependants, specified armed-forces dependants, applications pursuant to EU obligations, and qualifying British Overseas Territory citizens resident in the Falkland Islands.","policyCategory":"Fees and financial requirements","policyTool":"Immigration health surcharge","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2016/400/made","preciseCitation":"S.I.2016/400 articles1–3 and explanatory note; S.I.2015/792 articles3–8 and Schedules1–2","evidencePassage":"The Immigration (Health Charge) (Amendment) Order 2016 Skip to main content Skip to navigation legislation.gov.ukhttps://www.nationalarchives.gov.uk Cymraeg Home Explore our collections Research tools Help and guidance What's new About us Search Legislation Search Legislation Title: (or keywords in the title) Year: Number: Type:All UK Legislation (excluding originating from the EU)--------------------------------------------All Legislation (including originating from EU)--------------------------------------------All Legislation originating from the EU that is amended by the UK--------------------------------------------All Primary Legislation UK Public General Acts UK Local Acts UK Private and Personal Acts Acts of the Scottish Parliament Acts of Senedd Cymru Acts of the National Assembly for Wales Measures of the National Assembly for Wales Church Measures Acts of the Northern Ireland Assembly Acts of the Old Scottish Parliament Acts of the English Parliament Acts of the Old Irish Parliament Acts of the Parliament of Great Britain Local Acts of the Parliament of Great Britain Private and Personal Acts of the Parliament of Great Britain Northern Ireland Orders in Council Measures of the Northern Ireland Assembly Acts of the Northern Ireland Parliament--------------------------------------------All Secondary Legislation UK Statutory Instruments Welsh Statutory Instruments Scottish Statutory Instruments Northern Ireland Statutory Rules Church Instruments UK Ministerial Directions UK Ministerial Orders UK Statutory Rules and Orders Northern Ireland Statutory Rules and Orders--------------------------------------------All Legislation originating from the EU Regulations originating from the EU Regulations originating from the EU that are amended by the UK Decisions originating from the EU Decisions originating from the EU that are amended by the UK Directives originating from the EU European Union Treaties--------------------------------------------All Draft Legislation UK Draft Statutory Instruments Scottish Draft Statutory Instruments Northern Ireland Draft Statutory Rules--------------------------------------------All Impact Assessments UK Impact Assessments Search Advanced Search The Immigration (Health Charge) (Amendment) Order 2016 You are here: UK Statutory Instruments 2016 No. 400 Whole Instrument Table of Contents Content Explanatory Memorandum Impact Assessments More Resources Previous Next Plain View Print Options What Version Latest available (Revised) Original (As made) Opening Options Open whole Instrument More Resources Original: King's Printer Version View more Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Statutory Instruments 2016 No. 400 Immigration The Immigration (Health Charge) (Amendment) Order 2016 Made 16th March 2016 Coming into force 6th April 2016 The Secretary of State makes the following Order in exercise of the powers conferred by sections 38(1) and (3) and 74(8) of the Immigration Act 2014(1). In accordance with section 38(4) of that Act, in specifying the amount of the charge under section 38(3)(b) of the Act, the Secretary of State has (among other matters) had regard to the range of health services that are likely to be available free of charge to persons who have been given immigration permission. In accordance with section 74(2) of the Immigration Act 2014, a draft of this Order was laid before and approved by a resolution of each House of Parliament. Citation, commencement and interpretation 1.—(1) This Order may be cited as the Immigration (Health Charge) (Amendment) Order 2016 and comes into force at the end of the period of 21 days beginning with the day on which it is made. (2) In this Order, “the Principal Order” means the Immigration (Health Charge) Order 2015(2). Amendment to Schedule 1 to the Principal Order 2.—(1) Schedule 1 to the Principal Order is amended as follows. (2) In the table, before the entry for all other applications for entry clearance or leave to remain insert— “Application for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant in accordance with the immigration rules.£150” Amendments to Schedule 2 to the Principal Order 3.—(1) Schedule 2 to the Principal Order is amended as follows. (2) In paragraph 1(b), for “Part 2 of the immigration rules” substitute “Appendix V to the immigration rules”. (3) Omit paragraph 2. James Brokenshire Minister of State Home Office 16th March 2016 EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Immigration (Health Charge) Order 2015 (S.I. 2015/792) (“the Principal Order”) which requires a person who applies for entry clearance for a limited period, or for limited leave to remain in the United Kingdom, to pay an immigration health charge. Schedule 1 to the Principal Order sets out the annual amount of the charge which is payable and Schedule 2 contains a number of exemptions from the obligation to pay the charge. Article 2 amends Schedule 1 to the Principal Order to provide that those applying under the immigration rules for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant will be required to pay the immigration health charge at an annual amount of £150, instead of £200 which is the current amount payable by such an applicant who is not within one of the exemptions in the Principal Order. An applicant from Australia or New Zealand who is currently exempt will, as a result of Article 3, be required to pay an annual amount of £150. Article 3 amends Schedule 2 to the Principal Order to update the reference to the immigration rules relating to visitors and remove the exemption from paying the immigration health charge which applies to a national of Australia or New Zealand. A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is annexed to the Explanatory Memorandum","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp4-6eeb41553a0b2f46359d","countryCode":"GB","country":"United Kingdom","title":"The Immigration Act 2016 (Commencement No. 1) Regulations 2016","policyEffect":"Brought into force Section 67 of the Immigration Act 2016, placing a statutory obligation on the Secretary of State to make arrangements to relocate to the United Kingdom and support a specified number of unaccompanied refugee children from Europe.","operativeDate":"2016-05-31","year":2016,"affectedGroup":"Unaccompanied refugee children","materialConditionsAndExceptions":"","policyCategory":"Asylum and humanitarian protection","policyTool":"Statutory intake and relocation scheme","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2016/603/made","preciseCitation":"The Immigration Act 2016 (Commencement No. 1) Regulations 2016 (SI 2016/603).","evidencePassage":"of the Immigration Act 2016(1). Citation 1. These Regulations may be cited as the Immigration Act 2016 (Commencement No. 1) Regulations 2016. Provisions coming into force on 31st May 2016 2. The day appointed for the coming into force of the following provisions of the Immigration Act 2016 is 31st May 2016— (a)section 67 (unaccompanied refugee children); (b)sections 69 to 72 (transfer of responsibility for relevant children); (c)section 75 (maritime enforcement); and (d)Schedule 14 (maritime enforcement). Provisions coming into force on 12th July 2016 3. The day appointed for the coming into","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-6c9c8c493adc15b42dc1","countryCode":"GB","country":"United Kingdom","title":"Immigration Act 2016","policyEffect":"Made it a criminal offence for a person subject to immigration control to work if they know or have reasonable cause to believe that they are disqualified from working by reason of their immigration status, enabling earnings from illegal working to be seized under proceeds-of-crime powers.","operativeDate":"2016-07-12","year":2016,"affectedGroup":"Irregular migrants","materialConditionsAndExceptions":"Validated condition or limit: Made it a criminal offence for a person subject to immigration control to work if they know or have reasonable cause to believe that they are disqualified from working by reason of their immigration status, enabling earnings from illegal working to be seized under proceeds-of-crime powers.","policyCategory":"Legal entry and stay","policyTool":"Other sanctions","sourceName":"legislation.gov.uk","sourceUrl":"https://www.gov.uk/government/publications/immigration-bill-part-1-labour-market-and-illegal-working","preciseCitation":"https://www.gov.uk/government/publications/immigration-bill-part-1-labour-market-and-illegal-working; https://www.gov.uk/government/publications/immigration-bill-part-2-access-to-services; EMN 2015: 16; EMN 2015: 16; EMN 2015: 7; https://www.gov.uk/government/publications/immigration-bill-part-3-enforcement; https://www.gov.uk/government/publications/immigration-bill-part-3-enforcement; https://www.gov.uk/government/publications/immigration-bill-part-5-support-for-certain-categories-of-migrant; https://www.gov.uk/government/publications/immigration-bill-part-6-border-security; https://www.gov.uk/government/publications/immigration-bill-part-6-border-security; https://www.gov.uk/government/publications/immigration-bill-part-8-fees-and-changes https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/590793/Immigration_Act_Factsheet_-_Part_8_-_Fees_and_Charges.pdf; EMN Factsheet 2016: 3; EMN Factsheet 2016: 1","evidencePassage":"to crack down on serious exploitation of workers by establishing a new director who will oversee the relevant enforcement agencies making it a criminal offence to work illegally, seizing illegal workers’ earnings as the proceeds of crime making it easier to prosecute employers who deliberately or ‘turn a blind eye’ to employing illegal workers, and making sanctions tougher creating powers to close businesses and apply special compliance measures to employers who continue to flout the law ensuring that licenses for the sale of alcohol and late night refreshments are subject to compliance with immigration … Resources Previous: Provision Next: Signature Plain View Print Options What Version Latest available (Revised) Original (As made) Opening Options Open whole Instrument More Resources Original: King's Printer Version View more Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Provisions coming into force on 12th July 2016 3. The day appointed for the coming into force of the following provisions of the Immigration Act 2016 is 12th July 2016— (a)sections 1 to 9 (Director of Labour Market Enforcement); (b)sections 10 to 13 (Gangmasters and Labour Abuse Authority); (c)section 25 (code of practice); (d)sections 31 to 33 (supplementary provision); (e)section 34 (offence of illegal working); (f)section 35 (offence of employing illegal worker); (g)sections 46 to 53 (powers of immigration officers etc.); (h)section 55 (supply of information to Secretary of State); (i)section 56 (detention etc. by immigration officers in Scotland); (j)section 57 (powers to take fingerprints etc. from dependants); (k)section 58 (interpretation of Part 3); (l)section 59 (guidance on detention of vulnerable persons); (m)section","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d394b5e4fa7d3f05c7cd","countryCode":"GB","country":"United Kingdom","title":"The Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2016","policyEffect":"Introduced statutory guidance under Section 59 of the Immigration Act 2016 specifying matters to be taken into account when deciding whether an individual is an adult at risk and whether they should be detained, establishing an evidence-based balancing framework where vulnerable persons may be detained only when immigration factors outweigh the risk factors.","operativeDate":"2016-09-12","year":2016,"affectedGroup":"Refugees, asylum seekers and other vulnerable people","materialConditionsAndExceptions":"Validated condition or limit: Introduced statutory guidance under Section 59 of the Immigration Act 2016 specifying matters to be taken into account when deciding whether an individual is an adult at risk and whether they should be detained, establishing an evidence-based balancing framework where vulnerable persons may be detained only when immigration factors outweigh the risk factors.","policyCategory":"Legal entry and stay","policyTool":"Detention","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2016/847/made","preciseCitation":"","evidencePassage":"The guidance on adults at risk in immigration detention issued under section 59(1) of the Immigration Act 2016, a draft of which was laid before Parliament by the Secretary of State on 21st July 2016, comes into force on 12th September 2016.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-90762f305e64f24518dd","countryCode":"GB","country":"United Kingdom","title":"Registered Traveller membership expanded to sixteen additional countries","policyEffect":"From November 21, 2016, Registered Traveller membership applications opened to eligible passport holders from Argentina, Belize, Brazil, Brunei, Chile, Costa Rica, El Salvador, Guatemala, Honduras, Israel, Malaysia, Mexico, Nicaragua, Panama, Paraguay and Uruguay. The November19 Home Office announcement required an eligible passport and either a visa/entry clearance or at least four UK visits in the preceding two years. Approved members underwent advance security checks and gained faster border entry through ePassport gates if holding an ePassport, or through UK/EU passport lanes. The change expanded eligibility for expedited clearance; it did not itself confer immigration permission or remove visa requirements. The announcement described service for certain Indian travellers as a future expansion, so India is not counted here. The four jurisdictions added in January remain a separate dated measure.","operativeDate":"2016-11-21","year":2016,"affectedGroup":"Eligible passport holders from sixteen added countries with visa/entry clearance or four uk visits in the preceding two years","materialConditionsAndExceptions":"Validated condition or limit: From November 21, 2016, Registered Traveller membership applications opened to eligible passport holders from Argentina, Belize, Brazil, Brunei, Chile, Costa Rica, El Salvador, Guatemala, Honduras, Israel, Malaysia, Mexico, Nicaragua, Panama, Paraguay and Uruguay.; The November19 Home Office announcement required an eligible passport and either a visa/entry clearance or at least four UK visits in the preceding two years.; The change expanded eligibility for expedited clearance","policyCategory":"Border and land control","policyTool":"Expedited border clearance eligibility","sourceName":"Home Office / GOV.UK","sourceUrl":"https://www.gov.uk/government/news/further-expansion-of-uk-registered-traveller-service","preciseCitation":"Home Office / Border Force original announcements, January25 and November19,2016","evidencePassage":"From Monday (21 November), frequent travellers to the UK from 16 new countries will be eligible to apply for membership of the scheme, which brings the potential for improved trade and tourism links. Membership will now be open to passengers from Argentina, Belize, Brazil, Brunei, Chile, Costa Rica, El Salvador, Guatemala, Honduras, Israel, Malaysia, Mexico, Nicaragua, Panama, Paraguay and Uruguay.","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-d3ba3e0a45d70b5401e5","countryCode":"GB","country":"United Kingdom","title":"Multi-entry leave to enter effect for academic visitors","policyEffect":"Provides that visit visas granted for academic visitors operate as leave to enter the UK on an unlimited number of occasions during validity, conferring up to 12 months leave on each arrival.","operativeDate":"2016-11-23","year":2016,"affectedGroup":"Holders of visit visas granted for entry as an academic visitor","materialConditionsAndExceptions":"Does not apply if endorsed with a statement that it is to have effect as a single-entry visa. Leave granted on each entry is 12 months or the visa's remaining validity, whichever is less.","policyCategory":"Other","policyTool":"Statutory Instrument","sourceName":"legislation.gov.uk","sourceUrl":"https://legislation.gov.uk/uksi/2016/1132/made","preciseCitation":"SI 2016/1132, article 1(2), article 2(2)(b)","evidencePassage":"Made 22nd November 2016 Coming into force in accordance with article 1(2) … (2) It comes into force on the day after the day on which it is made. … (2C) A visit visa granted for private medical treatment or for entry as an academic visitor, unless endorsed with a statement that it is to have effect as a single-entry visa, shall have effect as leave to enter the United Kingdom on an unlimited number of occasions during its period of validity in accordance with paragraph (2D). (2D) On arrival in the United Kingdom on each occasion, the holder shall be treated for the purposes of the Immigration Acts as having been granted, before arrival, leave to enter the United Kingdom for a limited period beginning on the date of arrival, being— … (b) where the visit visa is granted for entry as an academic visitor— (i) 12 months if 12 months remain of the visa’s period of validity, or (ii) the visa’s remaining period of validity, if less than 12 months.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-78c5fa3063dd92ee0bbf","countryCode":"GB","country":"United Kingdom","title":"Multi-entry leave to enter effect for private medical treatment visit visas","policyEffect":"Provides that visit visas granted for private medical treatment operate as leave to enter the UK on an unlimited number of occasions during validity, conferring up to 11 months leave on each arrival.","operativeDate":"2016-11-23","year":2016,"affectedGroup":"Holders of visit visas granted for private medical treatment","materialConditionsAndExceptions":"Does not apply if endorsed with a statement that it is to have effect as a single-entry visa. Leave granted on each entry is 11 months or the visa's remaining validity, whichever is less.","policyCategory":"Other","policyTool":"Statutory Instrument","sourceName":"legislation.gov.uk","sourceUrl":"https://legislation.gov.uk/uksi/2016/1132/made","preciseCitation":"SI 2016/1132, article 1(2), article 2(2)(b)","evidencePassage":"Made 22nd November 2016 Coming into force in accordance with article 1(2) … (2) It comes into force on the day after the day on which it is made. … (2C) A visit visa granted for private medical treatment or for entry as an academic visitor, unless endorsed with a statement that it is to have effect as a single-entry visa, shall have effect as leave to enter the United Kingdom on an unlimited number of occasions during its period of validity in accordance with paragraph (2D). (2D) On arrival in the United Kingdom on each occasion, the holder shall be treated for the purposes of the Immigration Acts as having been granted, before arrival, leave to enter the United Kingdom for a limited period beginning on the date of arrival, being— (a) where the visit visa is granted for private medical treatment— (i) 11 months if 11 months remain of the visa’s period of validity, or (ii) the visa’s remaining period of validity, if less than 11 months","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-d96295494868b857fe54","countryCode":"GB","country":"United Kingdom","title":"Protection from leave lapse for accompanying family of posted Crown servants and British Council staff","policyEffect":"Prevents leave to enter or remain from lapsing when a partner or child accompanies certain Crown servants, British Council staff, DFID, or Home Office employees on overseas postings exceeding two years.","operativeDate":"2016-11-23","year":2016,"affectedGroup":"Partners and children with limited or indefinite leave accompanying qualifying Crown servants or British Council staff posted overseas","materialConditionsAndExceptions":"Applies where the partner or parent is posted in Her Majesty's Diplomatic Service, DFID, the Home Office, or permanent British Council service, and is a British citizen, holds indefinite leave, or holds an EU right of permanent residence.","policyCategory":"Eligibility","policyTool":"Statutory Instrument","sourceName":"legislation.gov.uk","sourceUrl":"https://legislation.gov.uk/uksi/2016/1132/made","preciseCitation":"SI 2016/1132, article 1(2), article 2(6)","evidencePassage":"Made 22nd November 2016 Coming into force in accordance with article 1(2) … (2) It comes into force on the day after the day on which it is made. … (6) After article 13A( 12 ) insert— “Partners and children of certain Crown servants etc 13B. — (1) This article applies to a person who has— (a) limited leave— (i) as the partner or child of a British citizen or person who is settled in the United Kingdom under Appendix FM to the immigration rules (“Appendix FM”) ( 13 ) , or (ii) outside the provision of the immigration rules on the basis of family life under article 8 of the European Convention on Human Rights (“article 8”), or (b) indefinite leave. (2) The period mentioned in article 13(4)(a) does not include any period during which the person is accompanying their partner or parent if— (a) the partner or parent is posted outside the United Kingdom in employment falling within paragraph (3); and (b) the partner or parent— (i) is a British citizen, (ii) has indefinite leave, or (iii) has a right of permanent residence in the United Kingdom by virtue of an enforceable EU right","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-acfb937a9ad590a4ab07","countryCode":"GB","country":"United Kingdom","title":"EEA Regulations 2016 transitory provisions tightening residence criteria for family members of British citizens","policyEffect":"Brought into force transitory provisions replacing regulation 9 of the Immigration (European Economic Area) Regulations 2006 in advance of the full 2016 regulations, requiring family members of British citizens returning from an EEA state to prove genuine residence based on center of life transfer, accommodation quality, and degree of integration, and expressly barring applications where residence was intended to circumvent UK immigration laws.","operativeDate":"2016-11-25","year":2016,"affectedGroup":"Non-EEA family members of British citizens returning to the United Kingdom after residing in another EEA member state","materialConditionsAndExceptions":"Conditions require the British citizen to have resided in an EEA state as a qualified person or acquired permanent residence there, lived together with the family member, and established genuine residence (considering whether the center of life transferred, duration, accommodation quality, and integration). Excludes residence entered into for the purpose of circumventing immigration laws applying to non-EEA nationals.","policyCategory":"Eligibility","policyTool":"Eligibility rules","sourceName":"legislation.gov.uk","sourceUrl":"https://legislation.gov.uk/uksi/2016/1052/made/data.xht?view=snippet&wrap=true","preciseCitation":"S.I. 2016/1052, regulations 1(2)(a), 44, and Schedule 5","evidencePassage":"(2) These Regulations come into force— (a) for the purposes of this regulation, regulation 44 and Schedule 5 (transitory provisions), on 25th November 2016; (b) for all other purposes, on 1st February 2017. General interpretation 2. —(1) In these Regulations— “the 1971 Act” means the Immigration Act 1971( 4 ); “the 1999 Act” means the Immigration and Asylum Act 1999( 5 ); “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002; “the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006( 6 );","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b46e040be34ab55b09ec","countryCode":"GB","country":"United Kingdom","title":"The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) (No. 2) Order 2016","policyEffect":"Amends the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 by reducing appeal fees: where an appellant consents to an appeal being determined without a hearing, the fee is reduced from £490 to £80; where the appellant does not consent, the fee is reduced from £800 to £140. The amendments apply to an appeal in respect of which an appellant gives a Notice of Appeal to the First-tier Tribunal on or after 29th November 2016.","operativeDate":"2016-11-29","year":2016,"affectedGroup":"Appellants in the first-tier tribunal (immigration and asylum chamber)","materialConditionsAndExceptions":"Validated condition or limit: Amends the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 by reducing appeal fees: where an appellant consents to an appeal being determined without a hearing, the fee is reduced from £490 to £80; where the appellant does not consent, the fee is reduced from £800 to £140.; The amendments apply to an appeal in respect of which an appellant gives a Notice of Appeal to the First-tier Tribunal on or after 29th November 2016.","policyCategory":"Legal entry and stay","policyTool":"Access to justice and political rights","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2016/1149/made","preciseCitation":"","evidencePassage":"3. In article 3 (fees for appeals)— (a)in paragraph (3)(a), for “£490” substitute “£80”; (b)in paragraph (3)(b), for “£800” substitute “£140”. … 4. The amendments made by article 3 apply to an appeal in respect of which an appellant gives a Notice of Appeal to the First-tier Tribunal on or after the coming into force date of this Order. … It reduces the fees payable for appeals heard in the Immigration and Asylum Chamber of the First-tier Tribunal","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-20522d13122dccb48e7d","countryCode":"GB","country":"United Kingdom","title":"Commencement of the Immigration (European Economic Area) Regulations 2016","policyEffect":"Revoked and replaced the EEA Regulations 2006. Consolidated domestic implementation of EU Directive 2004/38/EC, codified public policy and public security removal grounds, made use of official application forms mandatory, and tightened verification surrounding non-EEA family members and Surinder Singh route cases.","operativeDate":"2017-02-01","year":2017,"affectedGroup":"Eea nationals and non-eea family members","materialConditionsAndExceptions":"","policyCategory":"Free movement / entry / residence / removal","policyTool":"Framework regulation / administrative requirements","sourceName":"The National Archives / UK Government (legislation.gov.uk)","sourceUrl":"https://www.legislation.gov.uk/uksi/2016/1052/contents","preciseCitation":"The Immigration (European Economic Area) Regulations 2016 (SI 2016/1052).; legislation.gov.uk. The Immigration (European Economic Area) Regulations 2016.","evidencePassage":"documentation and existing appeal rights and appeals; and S.I. 2020/1309, Sch. 4 paras. 1, 2, 4 in relation to access to benefits and services for persons who are members of the post-transition period group) Citation and commencement 1.—(1) These Regulations may be cited as the Immigration (European Economic Area) Regulations 2016. (2) These Regulations come into force— (a)for the purposes of this regulation, regulation 44 and Schedule 5 (transitory provisions), on 25th November 2016; (b)for all other purposes, on 1st February 2017. General interpretation 2.—(1) In these Regulations— “the 1971 Act” … means the Immigration Act 1971(1); “the 1999 Act” means the Immigration and Asylum Act 1999(2); “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002; “the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006(3); [F2“the 2016 Act” means the Immigration Act 2016;] “civil partner” does not include— (a) a party to a civil partnership of convenience; or (b) the civil partner (“C”) of a person (“P”) where a spouse, civil partner or durable partner of C or P is already present in the United Kingdom; “civil partnership of convenience” includes a civil partnership","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-4e4f9486261f533b61d8","countryCode":"GB","country":"United Kingdom","title":"The Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017","policyEffect":"Establishes binding objective criteria to determine whether an asylum applicant subject to the Dublin III transfer procedure poses a significant risk of absconding, providing the statutory standard required to justify detention under Regulation (EU) No 604/2013. Phase scope: UK-wide; effective 12:00 noon on 15 March 2017.","operativeDate":"2017-03-15","year":2017,"affectedGroup":"Asylum seekers subject to dublin iii transfer procedures","materialConditionsAndExceptions":"Validated condition or limit: Establishes binding objective criteria to determine whether an asylum applicant subject to the Dublin III transfer procedure poses a significant risk of absconding, providing the statutory standard required to justify detention under Regulation (EU) No 604/2013.","policyCategory":"Asylum / detention","policyTool":"Detention criteria","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2017/405/made","preciseCitation":"SI 2017/405","evidencePassage":"These Regulations may be cited as the Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017 and come into force at 12.00 noon on 15th March 2017.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-5bfe1b96e26e45f71dd5","countryCode":"GB","country":"United Kingdom","title":"Immigration health charge exemption extended to Appendix V visitor leave to remain","policyEffect":"Extends the immigration health charge exemption for visitors to include applications for leave to remain under Appendix V of the immigration rules.","operativeDate":"2017-04-06","year":2017,"affectedGroup":"Applicants applying for leave to remain as visitors under Appendix V","materialConditionsAndExceptions":"Does not apply to applications made before 6 April 2017.","policyCategory":"Fees","policyTool":"Immigration health surcharge","sourceName":"legislation.gov.uk","sourceUrl":"https://legislation.gov.uk/uksi/2017/420/made","preciseCitation":"S.I. 2017/420, articles 1(1), 3(2), 4; Explanatory Note","evidencePassage":"This Order may be cited as the Immigration (Health Charge) (Amendment) Order 2017 and comes into force on the twenty-first day after the day on which it is made. ... In paragraph 1(b), for “entry clearance” substitute “entry clearance or leave to remain”. ... Article 3(2) provides that an applicant for leave to remain under Appendix V of the immigration rules (visitor rules) is exempt.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-669e98ec798ce1996412","countryCode":"GB","country":"United Kingdom","title":"Immigration health charge exemption extended to modern slavery victims","policyEffect":"Extends the immigration health charge exemption for victims of human trafficking to also include recognized victims of slavery, servitude, or forced/compulsory labour.","operativeDate":"2017-04-06","year":2017,"affectedGroup":"Victims of modern slavery, servitude, or forced or compulsory labour receiving positive conclusive grounds decisions","materialConditionsAndExceptions":"Applicant must have received a positive conclusive grounds decision from a competent authority; does not apply to applications made before 6 April 2017.","policyCategory":"Fees","policyTool":"Immigration health surcharge","sourceName":"legislation.gov.uk","sourceUrl":"https://legislation.gov.uk/uksi/2017/420/made","preciseCitation":"S.I. 2017/420, articles 1(1), 3(4), 3(6), 4; Explanatory Note","evidencePassage":"This Order may be cited as the Immigration (Health Charge) (Amendment) Order 2017 and comes into force on the twenty-first day after the day on which it is made. ... For paragraph 1(g), substitute— “ (g) for leave to remain for a Trafficking Convention reason, or under paragraph 159I of the immigration rules as a domestic worker who is the victim of slavery or human trafficking, where the applicant has received a positive conclusive grounds decision from a competent authority; ” ... Article 3(4) and (6) extends the exemption for an application which relates to the applicant’s identification as a victim of human trafficking to also include the applicant’s identification as a victim of slavery.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-bcb230f9600acffaf078","countryCode":"GB","country":"United Kingdom","title":"Introduction of the Immigration Skills Charge","policyEffect":"Requires UK employers sponsoring non-EEA skilled workers under Tier 2 routes to pay a mandatory skills charge of £1,000 per year per sponsored worker (£364 for small businesses and charities) upon assigning a Certificate of Sponsorship. Phase scope: Entire UK; applies to all Tier 2 / Skilled Worker employer sponsorships with specific statutory exemptions.","operativeDate":"2017-04-06","year":2017,"affectedGroup":"Uk employer sponsors and tier 2 skilled workers","materialConditionsAndExceptions":"","policyCategory":"Labour migration / employer obligations / fees and levies","policyTool":"Employer levy / immigration skills surcharge","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/ukdsi/2017/9780111154663","preciseCitation":"The Immigration Skills Charge Regulations 2017 (SI 2017/499)","evidencePassage":"Secretary of State to assign certificates of sponsorship to an individual who is a skilled worker. Obligation to pay a charge 3. A sponsor must pay a charge to the Secretary of State, in the amount specified in the Schedule, each time it assigns a certificate of sponsorship to a skilled worker. Exemptions from the charge 4. The obligation to pay the charge does not apply where a sponsor assigns a certificate of sponsorship to a skilled worker— (a)in respect of an occupation coming within any of the following codes in version 5.1 of the Standard Occupational Classification 2010 Index(10)— (i)2111 … Name Name Two of the Lord’s Commissioners of Her Majesty’s Treasury Date Regulation 3 SCHEDULEAmount of charge payable by a sponsor 1. The amount of the charge payable by a small or charitable sponsor is the amount specified in column 2 of the Table which corresponds to the period of prospective employment in respect of which the certificate of sponsorship is assigned specified in column 1. 2. The amount of the charge payable by a sponsor other than a small or charitable sponsor is the amount specified in column 3 of the Table which corresponds to the period of prospective employment in respect of which the certificate of sponsorship is assigned specified in column 1. Column 1Column 2Column 3 12 months or less£364£1000 More than 12 months, but no more than 18 months£546£1500 More than 18 months, but no more than 24 months£728£2000 More than 24 months, but no more than 30 months£910£2500 More than 30 months, but no more than 36 months£1092£3000 More than 36 months, but no more than 42 months£1274£3500 More than 42 months, but no more than 48 months£1456£4000 More than 48 months, but no more than 54 months£1638£4500 More than 54 months, but no more than 60 months£1820£5000 EXPLANATORY","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-6741c9a59bb1171fec39","countryCode":"GB","country":"United Kingdom","title":"The Immigration and Nationality (Fees) Regulations 2017","policyEffect":"Revokes and replaces the 2016 Fees Regulations to specify comprehensive updated fee schedules, exemptions, fee waivers, and charges for entry clearance, leave to remain, nationality, sponsorship, and administrative services. Phase scope: UK-wide and overseas consular/visa posts.","operativeDate":"2017-04-06","year":2017,"affectedGroup":"All applicants for uk visas, leave to remain, nationality, and sponsor licensing","materialConditionsAndExceptions":"Validated condition or limit: Revokes and replaces the 2016 Fees Regulations to specify comprehensive updated fee schedules, exemptions, fee waivers, and charges for entry clearance, leave to remain, nationality, sponsorship, and administrative services.","policyCategory":"Legal entry and stay / nationality","policyTool":"Fees and financial charges","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2017/515","preciseCitation":"SI 2017/515","evidencePassage":"2018 (S.I. 2018/330), regs. 1(2), 18(a) Commencement Information I43Sch. 12 para. 1 in force at 6.4.2017, see reg. 1(2) EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations revoke and replace the Immigration and Nationality (Fees) Regulations 2016 (S.I. 2016/226). They also revoke the Immigration and Nationality (Fees) Regulations 2015 (S.I. 2015/768) for all remaining purposes. These Regulations specify fees relating to immigration, nationality and associated functions. They are made further to the Immigration and Nationality (Fees) Order 2016 (S.I. 2016/177), as amended … by the Immigration and Nationality (Fees) (Amendment) Order 2017 (S.I. 2017/440), which sets out the functions in connection with immigration and nationality for which the Secretary of State may charge a fee, and the maximum amount that may be charged for each of these functions. The Regulations also make provision which is incidental to the specification of those fees. Schedules 1 and 2 specify fees for applications for entry clearance to enter, leave to enter and leave to remain in the UK and approval letters connected with entry clearance and leave to remain. Schedule 3 specifies fees payable when requesting certain documents relating to immigration and nationality, whilst Schedule 4 specifies certain fees payable by sponsors when requesting particular products or services. Schedule 5 specifies fees relating to the provision of consular services, Schedule 6 provides for fees payable in relation to premium services provided in the United Kingdom, whilst Schedule 7 makes provision for fees payable in respect of such services provided outside the United Kingdom. Schedule 8 specifies fees payable in connection with nationality. Schedule 9 provides for fees relating to applications … for entry clearance to the Isle of Man, whilst Schedule 10 makes similar provision in respect of the Bailiwick of Guernsey and the Bailiwick of Jersey. Schedule 11 makes provision for fees payable in respect of miscellaneous matters including the administration of the life in the UK test. Schedule 12 makes amendments to the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 (S.I. 2011/2841) in consequence of the making of these Regulations. Provision is also made in the Schedules to these Regulations for exceptions to certain of the fees specified, and the circumstances in which","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fde896c90c3adcc118e6","countryCode":"GB","country":"United Kingdom","title":"Tier 2 Intra-company Transfer immigration health charge exemption removed","policyEffect":"Removes the exemption from the immigration health charge for Tier 2 (Intra-company Transfer) applicants and their dependants.","operativeDate":"2017-04-06","year":2017,"affectedGroup":"Tier 2 Intra-company Transfer applicants and their dependants","materialConditionsAndExceptions":"Does not apply in relation to applications for entry clearance or leave to remain made before 6 April 2017.","policyCategory":"Fees","policyTool":"Immigration health surcharge","sourceName":"legislation.gov.uk","sourceUrl":"https://legislation.gov.uk/uksi/2017/420/made","preciseCitation":"S.I. 2017/420, articles 1(1), 3(3), 3(5), 4; Explanatory Note","evidencePassage":"This Order may be cited as the Immigration (Health Charge) (Amendment) Order 2017 and comes into force on the twenty-first day after the day on which it is made. ... Article 3(3) and (5) removes the exemption which applies to an applicant (and the dependants of such an applicant) for entry clearance or leave to remain under paragraphs 245G to 245GE of the immigration rules (a Tier 2 Intra-company Transfer Migrant).","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-f9e70bd876f61bda685d","countryCode":"GB","country":"United Kingdom","title":"Implementation of Article 8 ECHR Exceptional Circumstances and Alternative Income Framework (HC 290)","policyEffect":"Restructured Appendix FM and Appendix FM-SE of the Immigration Rules in response to the Supreme Court judgment in MM (Lebanon) & Ors v SSHD [2017] UKSC 10, requiring consideration of children's best interests under section 55 of the Borders, Citizenship and Immigration Act 2009 and permitting alternative credible third-party funding or prospective earnings when minimum income requirements are not met and refusal would result in unjustifiably harsh consequences under Article 8 ECHR.","operativeDate":"2017-08-10","year":2017,"affectedGroup":"Partner, child, parent, and adult dependent relative applicants under appendix fm","materialConditionsAndExceptions":"Validated condition or limit: Restructured Appendix FM and Appendix FM-SE of the Immigration Rules in response to the Supreme Court judgment in MM (Lebanon) & Ors v SSHD [2017] UKSC 10, requiring consideration of children's best interests under section 55 of the Borders, Citizenship and Immigration Act 2009 and permitting alternative credible third-party funding or prospective earnings when minimum income requirements are not met and refusal would result in unjustifiably harsh consequences under Article 8 ECHR.","policyCategory":"Family reunification / human rights / financial requirements","policyTool":"Administrative discretion / evidential flexibility / exceptional circumstances assessment","sourceName":"assets.publishing.service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/5a81d96540f0b623026997e0/60429_HC_290_Accessible.pdf","preciseCitation":"https://assets.publishing.service.gov.uk/media/5a81d96540f0b623026997e0/60429_HC_290_Accessible.pdf; https://assets.publishing.service.gov.uk/media/5a821803e5274a2e87dc11be/60429_HC_290_EM_Print.pdf","evidencePassage":"The changes set out in this statement shall take effect from 10 August 2017 and will apply to all decisions made on or after that date. … the decision-maker must consider whether such financial requirement is met through taking into account the sources of income, financial support or funds set out in paragraph 21A(2) of Appendix FM-SE (subject to the considerations in sub-paragraphs (3) to (8) of that paragraph). … In considering an application for entry clearance or leave to enter or remain where paragraph GEN.3.1. or GEN.3.2. applies, the decision-maker must take into account, as a primary consideration, the best interests of any relevant child. … These changes mean that the Immigration Rules now provide a complete framework for the Secretary of State’s consideration on Article 8 grounds of applications under Appendix FM by a partner, child, parent or adult dependent relative … it is evident from the information provided by the applicant that there are exceptional circumstances which could render refusal of entry clearance or leave to remain a breach of Article 8 of the European Convention on Human Rights, because such refusal could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child … This paragraph does not apply in the context of applications made under section BPILR or DVILR.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-dcf2236bd440b1c87256","countryCode":"GB","country":"United Kingdom","title":"The Immigration Act 2014 (Current Accounts) (Compliance &c) Regulations 2016","policyEffect":"Mandated that banks and building societies carry out quarterly immigration checks on existing current account holders to identify disqualified persons lacking lawful immigration status, beginning with the quarter starting on 1 January 2018.","operativeDate":"2018-01-01","year":2018,"affectedGroup":"Irregular migrants","materialConditionsAndExceptions":"","policyCategory":"Legal entry and stay","policyTool":"Access to social benefits and socio-economic rights","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2016/1073/regulation/2/made","preciseCitation":"EMN Factsheet 2018: 2","evidencePassage":"A bank or building society must carry out an immigration check during each successive quarter of each year, beginning with the quarter commencing on 1st January 2018.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-f61fb86624d798335b92","countryCode":"GB","country":"United Kingdom","title":"The Immigration Act 2016 (Commencement No. 7 and Transitional Provisions) Order 2017","policyEffect":"Brings into force Schedule 10 to the Immigration Act 2016 on 15 January 2018, replacing previous frameworks for temporary admission and bail with a single unified system of immigration bail.","operativeDate":"2018-01-15","year":2018,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Removal or readmission","policyTool":"Eligibility","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2017/1241/contents/made","preciseCitation":"legislation.gov.uk. The Immigration Act 2016 (Commencement No. 7 and Transitional Provisions) Order 2017.; EMN Factsheet 2018: 3","evidencePassage":"C. 117) Explanatory Note Table of Contents Content More Resources Previous: Schedule Next: Earlier Orders Plain View Print Options What Version Latest available (Revised) Original (As made) Opening Options Open whole Instrument Open Instrument without Schedules Open Schedules only More Resources Original: King's Printer Version View more Status: This is the original version (as it was originally made). EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations commence sections 61(1) and (2) and 66 of the Immigration Act 2016 (“the 2016 Act”) (c. 19) and the majority of the … immigration bail provisions set out in Schedule 10 to the 2016 Act. Some provisions, which relate to automatic electronic tagging, are not being commenced at this time. Schedule 10 introduces a new framework for immigration bail, replacing a legal framework containing six different legal statuses (including immigration bail and temporary admission) with a single power of immigration bail. These Regulations also commence certain provisions in Schedule 11 in order to effect the repeal of section 4(1) of the Immigration and Asylum Act 1999 (provision of accommodation) and the appeals provisions in relation to it. This coincides with the commencement of paragraph 9 of Schedule 10 to the 2016 Act which provides a means by which those on bail can be supported. Regulation 3 gives effect to the Schedule to these Regulations. The Schedule makes a number of transitional provisions. Paragraph 1 makes transitional provisions to ensure that those who are at large at the date on which Schedule 10 to the 2016 Act comes into force are treated as having been granted immigration bail and that any conditions attached to their former status will remain in place under the new provisions. Paragraph 2 makes … C. 117) Table of contents Table of Contents Content More Resources Plain View Print Options What Version Latest available (Revised) Original (As made) Opening Options Open whole Instrument Open Instrument without Schedules Open Schedules only More Resources Original: King's Printer Version View more Status: This is the original version (as it was originally made). Introductory Text 1.Citation and interpretation 2.Provisions coming into force on 15th January 2018 3.Transitional provisions Signature SCHEDULE Transitional Provisions 1.Persons at large on the date on which Schedule 10 comes into force","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4c5e9dc8725c16ec6e8d","countryCode":"GB","country":"United Kingdom","title":"Restrictions on Croatian workers to expire in June","policyEffect":"Registration requirements and labour market restrictions for Croatian nationals working in the UK were allowed to expire, aligning their right to work with other EU citizens without needing Home Office permission.","operativeDate":"2018-06-30","year":2018,"affectedGroup":"All migrants","materialConditionsAndExceptions":"","policyCategory":"Legal entry and stay","policyTool":"Work visa / permit","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/news/restrictions-on-croatian-workers-to-expire-in-june","preciseCitation":"","evidencePassage":"The current registration requirements for Croatian workers will expire on 30 June bringing their rights to work in Britain in line with other EU citizens.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-fcfcf3cd1922a07ce5ac","countryCode":"GB","country":"United Kingdom","title":"The Detention Centre (Amendment) Rules 2018","policyEffect":"Amends rule 35 of the Detention Centre Rules 2001 to insert a statutory definition of torture for the purposes of immigration detention.","operativeDate":"2018-07-02","year":2018,"affectedGroup":"Detained individuals under the detention centre rules 2001","materialConditionsAndExceptions":"","policyCategory":"Detention and deportation / enforcement","policyTool":"Detention vulnerability assessment / medical reporting","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2018/411/pdfs/uksi_20180411_en.pdf","preciseCitation":"","evidencePassage":"Rule 35 of the Detention Centre Rules 2001(b) is amended as follows. (2) After paragraph (5), insert— “(6) For the purposes of paragraph (3), “torture” means any act by which a perpetrator intentionally inflicts severe pain or suffering on a victim in a situation in which— (a) the perpetrator has control (whether mental or physical) over the victim, and (b) as a result of that control, the victim is powerless to resist.”","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d0a0a20b5437745f8592","countryCode":"GB","country":"United Kingdom","title":"The Immigration (European Economic Area) (Amendment) Regulations 2018","policyEffect":"Amends the 2016 Regulations to align with CJEU jurisprudence regarding family members and primary carers, and allows EEA family permits to be issued electronically.","operativeDate":"2018-07-24","year":2018,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2018/801/contents/made/data.html","preciseCitation":"legislation.gov.uk. The Immigration (European Economic Area) (Amendment) Regulations 2018.","evidencePassage":"The Immigration (European Economic Area) (Amendment) Regulations 2018 The Immigration (European Economic Area) (Amendment) Regulations 2018 1Citation, commencement and interpretation 2Amendment of the 2016 Regulations 3Transitional provision 4Saving provision SCHEDULEAmendments to the 2016 Regulations 1Regulation 2 (general interpretation) 2Regulation 6 (“qualified person”) 3Regulation 9 (family members of British citizens) 4New regulation 9A (Dual national: national of an EEA State who acquires British citizenship) 5Regulation 11 (right of admission to the United Kingdom) 6Regulation 12 (issue of EEA family permit) 7Regulation 13 (initial right of residence) 8Regulation 14 (extended right of residence) 9Regulation 15 (right of permanent residence) 10Regulation 16 (derivative right to reside) 11Regulation 21 (procedure for applications for documentation under this Part and regulation 12) 12Regulation 24 (refusal to issue or renew and revocation of residence documentation) 13Regulation 27 (decisions taken on grounds of public policy, public security and public health) 14Regulation 36 (appeal rights) 15Regulation 37 (out of country appeals) Statutory Instruments 2018 No. 801 Immigration The Immigration (European Economic Area) (Amendment) Regulations 2018 Made2nd July 2018 Laid before Parliament3rd July 2018 Coming into force24th July 2018 The Secretary of State, being a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to rights of entry into, and residence in, the United Kingdom, in exercise of the powers conferred by that section and those conferred by section 109 of the Nationality, Immigration and Asylum Act 20023, makes the following Regulations. 1 S.I. 2000/1813. 2 1972 c. 68. Section 2(2) was","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-f60de403369293e4b6db","countryCode":"GB","country":"United Kingdom","title":"EU Settlement Scheme private beta phase 2 rollout","policyEffect":"Opens Phase 2 of the EU Settlement Scheme private beta under Appendix EU, allowing applications for settled or pre-settled status prior to 22 December 2018 from EU citizens and qualifying non-EU EEA residence document holders employed or engaged by designated Liverpool universities or designated NHS foundation trusts.","operativeDate":"2018-11-01","year":2018,"affectedGroup":"EU citizens and qualifying non-EU family members employed by designated Liverpool universities or North West England NHS trusts","materialConditionsAndExceptions":"Applicant must be an EU citizen (not British) or a non-EU citizen holding a residence card/permanent residence card issued under the 2016 EEA Regulations on or after 6 April 2015, and must be employed or engaged by one of the 3 specified Liverpool universities or 15 specified NHS trusts. Excludes paragraphs EU12 and EU13, condition 2 in table EU14, and rules for family members of qualifying British citizens.","policyCategory":"New pathway","policyTool":"Immigration rules amendment","sourceName":"service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/69832e5613622473b51ca9c1/Statement-of-Changes-to-the-Immigration-Rules-HC1534-Print.pdf","preciseCitation":"HC 1534, Implementation section, pages 3–4","evidencePassage":"The Implementation provisions in the Statement of Changes in Immigration Rules presented to Parliament on 20 July 2018 (Cm 9675) shall be replaced from 1 November 2018 by the following provisions. Appendix EU shall have effect (except for paragraphs EU12 and EU13 and condition 2 in the table in paragraph EU14, and for the entry for ‘family member of a qualifying British citizen’ and for ‘qualifying British citizen’ in the table at Annex 1) in relation to applications made under it before 22 December 2018 by an applicant who is: Page 3 of 34 (a) An EU citizen (but not a British citizen); or (b) A non-EU citizen who has been issued by the Secretary of State with a residence card or permanent residence card under the Immigration (European Economic Area) Regulations 2016, on the basis of an application made on or after 6 April 2015, where, at the date of application, the applicant also meets one of the criteria set out in (i) to (xv) below which apply from the following dates: From 1 November 2018: (i) A person employed or engaged by one of the following institutions: Liverpool Hope University; Liverpool John Moores University; or The University of Liverpool; or (ii) A person employed or engaged by one of the following institutions: Aintree University Hospital NHS Foundation Trust; Blackpool Teaching Hospitals NHS Foundation Trust; Countess of Chester Hospital NHS Foundation Trust; East Lancashire Hospitals NHS Trust; Lancashire Teaching Hospitals NHS Foundation Trust; Liverpool Heart and Chest Hospital NHS Foundation Trust; Liverpool Women’s NHS Foundation Trust; Manchester University NHS Foundation Trust; Salford Royal NHS Foundation Trust Southport and Ormskirk Hospital NHS Trust; Stockport NHS Foundation Trust; The Royal Liverpool and Broadgreen University Hospitals NHS Trust; The Walton Centre NHS Foundation Trust; Warrington and Halton Hospitals NHS Foundation Trust; or Wirral University Teaching Hospital NHS Foundation Trust","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-e34c10d7de2c2d2b5e96","countryCode":"GB","country":"United Kingdom","title":"Increase of Concessionary Immigration Health Surcharge for Students and Youth Mobility Migrants to £300","policyEffect":"Increases the discounted annual immigration health charge from £150 to £300 for students, student dependants, and Tier 5 (Youth Mobility Scheme) applicants.","operativeDate":"2019-01-08","year":2019,"affectedGroup":"Students, dependants of students, and Tier 5 Youth Mobility Scheme applicants","materialConditionsAndExceptions":"Does not apply to applications made before the coming into force of the Order (Article 4).","policyCategory":"Fees","policyTool":"Statutory instrument","sourceName":"legislation.gov.uk","sourceUrl":"https://legislation.gov.uk/uksi/2018/1389/made","preciseCitation":"S.I. 2018/1389, Articles 1(1), 3(2)(a)-(c), 4","evidencePassage":"This Order may be cited as the Immigration (Health Charge) (Amendment) Order 2018 and comes into force on the twenty-first day after the day on which it is made. (2) In this Order, “the Principal Order” means the Immigration (Health Charge) Order 2015( 2 ). ... In the second column of the Table (annual amount)— (a) in the entry “application for entry clearance or leave to remain as a student, in accordance with the immigration rules”, for “£150” substitute “£300”; (b) in the entry “application for entry clearance or leave to remain as the dependant of a student, in accordance with the immigration rules”, for “£150” substitute “£300”; (c) in the entry “application for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant in accordance with the immigration rules”, for “£150” substitute “£300”;","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-5052ae3efa1fd86b8282","countryCode":"GB","country":"United Kingdom","title":"Increase of General Immigration Health Surcharge to £400","policyEffect":"Increases the general annual immigration health surcharge from £200 to £400 for entry clearance or leave to remain applications.","operativeDate":"2019-01-08","year":2019,"affectedGroup":"General temporary migrants applying for entry clearance or limited leave to remain","materialConditionsAndExceptions":"Does not apply to applications made before the coming into force of the Order (Article 4).","policyCategory":"Fees","policyTool":"Statutory instrument","sourceName":"legislation.gov.uk","sourceUrl":"https://legislation.gov.uk/uksi/2018/1389/made","preciseCitation":"S.I. 2018/1389, Articles 1(1), 3(2)(d), 4","evidencePassage":"This Order may be cited as the Immigration (Health Charge) (Amendment) Order 2018 and comes into force on the twenty-first day after the day on which it is made. (2) In this Order, “the Principal Order” means the Immigration (Health Charge) Order 2015( 2 ). ... In the second column of the Table (annual amount)— ... (d) in the entry “all other applications for entry clearance or leave to remain”, for “£200” substitute “£400”.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-72f36a9c73a3028bc067","countryCode":"GB","country":"United Kingdom","title":"Automatic Grant of Leave via ePassport Gates for Designated Non-Visa Nationals","policyEffect":"Enables nationals of Australia, Canada, Japan, New Zealand, Singapore, South Korea, and the United States aged 12 or older to obtain automatic leave to enter the UK as standard visitors for up to six months by passing through an automated gate without individual endorsement by an immigration officer. Phase scope: Nationwide UK border entry points equipped with automated gates.","operativeDate":"2019-03-11","year":2019,"affectedGroup":"Visitors","materialConditionsAndExceptions":"Validated condition or limit: Enables nationals of Australia, Canada, Japan, New Zealand, Singapore, South Korea, and the United States aged 12 or older to obtain automatic leave to enter the UK as standard visitors for up to six months by passing through an automated gate without individual endorsement by an immigration officer.","policyCategory":"Legal entry and stay","policyTool":"Border control and automation","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2019/298/made","preciseCitation":"The Immigration (Leave to Enter and Remain) (Amendment) Order 2019 (S.I. 2019/298)","evidencePassage":"Article 4 inserts a new article 8B into the 2000 Order. This enables a person who meets the description in the article to obtain leave to enter the United Kingdom as a visitor by passing through an automated gate with no authorisation by an immigration officer. Where such a person passes through an automated gate, the person will automatically be given leave to enter for six months (subject to the conditions set out in article 8B).","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-83fa3112df5190ffcc20","countryCode":"GB","country":"United Kingdom","title":"EU Settlement Scheme opens fully after pilot phases","policyEffect":"From 07:00 on March 30, 2019, the EU Settlement Scheme opened fully for eligible resident EU citizens and their family members following its pilot phases. It also opened to eligible resident citizens of Iceland, Liechtenstein, Norway and Switzerland and their family members. Applicants could seek settled or pre-settled status under Appendix EU.","operativeDate":"2019-03-30","year":2019,"affectedGroup":"Eligible resident eu, other eea and swiss citizens and qualifying family members","materialConditionsAndExceptions":"Validated condition or limit: From 07:00 on March 30, 2019, the EU Settlement Scheme opened fully for eligible resident EU citizens and their family members following its pilot phases.; It also opened to eligible resident citizens of Iceland, Liechtenstein, Norway and Switzerland and their family members.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/5c80e37a40f0b63699927936/CCS001_CCS0319710302-001_HC_1919_Web_Accessible.pdf","preciseCitation":"Original Statement of Changes implementation provisions and accompanying explanatory memorandum","evidencePassage":"ies; • Make reforms to the Tier 1 (Investor) category to protect better against financial crime and ensure investments are of greater benefit to the UK economy; • Increase the initial period of leave for those who qualify for Stateless leave, and make clear that to qualify for stateless leave someone must show that they cannot acquire a nationality or a right to permanent residence in another country to which they may be entitled; and • Provide for the full opening of the EU Settlement Scheme for resident EU citizens and their family members to obtain UK immigration status, alongside two negat … hanges in Immigration Rules, to go ahead, as planned, with the full opening of the EU Settlement Scheme for resident EU citizens and their family members from 30 March 2019. Through these changes in Immigration Rules, the scheme will also be open from that date, as planned, to resident citizens of the other European Economic Area (EEA) countries (Iceland, Liechtenstein and Norway) and of Switzerland, and their family members. 1 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/756374/14_N ovember_Draft_Agreement_on_the_Withdrawal_of_the_United_King … financial assistance to relocate staff and their families to a safer part of the country or, in the most serious cases, relocation to the UK. 7.63 The Immigration Rules until now required family members who qualified for relocation to the UK to travel at the same time as the LES, which was made clear to LES before they relocated here. There are some family members who chose to remain in Afghanistan and did not travel at the same time. Where family members wish to join LES who have already relocated, they have not qualified under the relocation scheme and instead needed to apply under the famil … to travel to the UK after the LES has already relocated. Changes relating to the EU Settlement Scheme 7.65 This Statement of Changes in Immigration Rules makes provision for the full opening of the EU Settlement Scheme. The Immigration Rules for the scheme contained in the new Appendix EU substituted by this Statement of Changes include the following changes to the scope of the scheme and the application process: Scope of the scheme • Resident citizens of the other EEA countries (Iceland, Liechtenstein and Norway) and of Switzerland, and their family members, will also be able to apply for UK … pplying as the Partner or Child of a Relevant Points Based System Migrant who” in each place it occurs. E12. In paragraph (p)(i), after “the relevant Points Based System Migrant”, insert “in (o)”. E13. In paragraph (p)(ii), for “his” substitute “their”. Changes to Appendix EU EU1. Before Appendix EU, delete “phased implementation – see Statement of Changes HC 1849”. EU2. For Appendix EU, substitute: “Appendix EU: EU, other EEA and Swiss citizens and family members Purpose EU1. This Appendix sets out the basis on which an EEA citizen and their family members, and the family members of a qualify … migration (European Economic Area) Regulations 2016 (as they have effect at the date of application or as they had effect immediately before they were revoked) EEA citizen a person who is a national of: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Page 45 of 294 Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland, and who (unless they are a relevant naturalised British citizen) is not … ecified date, under sub-paragraph (a)(ii) of the entry for ‘family member of a relevant EEA citizen’ in this table) the person held a relevant document as the durable partner of the relevant EEA citizen; and (c) it is, or (as the case may be) was, not a durable partnership of convenience; and (d) neither party has, or (as the case may be) had, another durable partner, a spouse or a civil partner with (in any of those circumstances) immigration status in the UK or the Islands based on that person’s relationship with that party EEA citizen a person who is a national of: Austria, Belgium, Bulgari … a, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland, and who (unless they are a relevant naturalised British citizen) is not also a British citizen EEA Regulations the Immigration (European Economic Area) Regulations 2016 (as they have effect at the date of application or as they had effect immediately before they were revoked) evidence of birth (a) (in the case of … 2016 (HC 667), 16 March 2017 (HC 1078), 20 July 2017 (HC 290), 7 December 2017 (HC 309), 15 March 2018 (HC 895), 15 June 2018 (HC 1154), 20 July 2018 (Cm 9675), 11 October 2018 (HC 1534), 11 December 2018 (HC 1779) and 20 December 2018 (HC 1849). Implementation EU Settlement Scheme and related changes The change to Part 1 set out in paragraph 1.1 of this statement shall take effect at 0700 on 30 March 2019. The change to Part 1 set out in paragraph 1.2 of this statement shall take effect at 0700 on 30 March 2019 in relation to applications made under Appendix AR (EU) on or after that time. How","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-7db09afc98396ac9e64a","countryCode":"GB","country":"United Kingdom","title":"Extended Absence Threshold for Lapsing of Indefinite Leave Under Appendix EU","policyEffect":"Amended the Immigration (Leave to Enter and Remain) Order 2000 so that indefinite (unlimited) leave granted under Appendix EU lapses only after a continuous absence outside the UK and Islands of more than four years for Swiss nationals and their family members, or more than five years in all other cases, rather than the standard two years.","operativeDate":"2019-03-30","year":2019,"affectedGroup":"EEA and Swiss citizens and qualifying family members holding indefinite leave under Appendix EU","materialConditionsAndExceptions":"Subject to article 13C, under which periods spent outside the UK and Islands on Crown service, in the British Council as a permanent member, or in HM Forces (or accompanying such a person) do not count towards the continuous absence period.","policyCategory":"Eligibility","policyTool":"Statutory instrument","sourceName":"legislation.gov.uk","sourceUrl":"https://legislation.gov.uk/uksi/2019/686/data.xht?view=snippet&wrap=true","preciseCitation":"SI 2019/686, Articles 1(3) and 8(3); inserting article 13(4)(za) into SI 2000/1161","evidencePassage":"where the holder has unlimited leave granted by virtue of Appendix EU to the immigration rules (including unlimited leave granted by virtue of Appendix EU before this paragraph comes into force), subject to article 13C, the unlimited leave lapses if the holder stays outside the United Kingdom and Islands for a continuous period of more than— (i) four years, in the case of unlimited leave granted by virtue of Appendix EU to the immigration rules as a Swiss national or a family member of a Swiss national; (ii) five years, in all other cases;” … Commencement Information I3 Art. 8 in force at 30.3.2019, see art. 1(3)","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-04f4cec8329eb296d8a1","countryCode":"GB","country":"United Kingdom","title":"Initial stateless leave increases from 30 months to five years","policyEffect":"From April 6, 2019, the initial limited-leave period under the stateless-person provisions increased from 30 months to five years. HC 1919 amended the periods in paragraphs 405 and 413. Applications made before April 6 remained subject to the previous rules. The change removed the need for an intermediate application for further limited leave after 30 months before seeking settlement.","operativeDate":"2019-04-06","year":2019,"affectedGroup":"Qualifying applicants under the stateless-person leave provisions","materialConditionsAndExceptions":"Validated condition or limit: From April 6, 2019, the initial limited-leave period under the stateless-person provisions increased from 30 months to five years.; Applications made before April 6 remained subject to the previous rules.; The change removed the need for an intermediate application for further limited leave after 30 months before seeking settlement.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/5c80e37a40f0b63699927936/CCS001_CCS0319710302-001_HC_1919_Web_Accessible.pdf","preciseCitation":"Original Statement of Changes implementation provisions and accompanying explanatory memorandum","evidencePassage":"stateless” insert, “or whether they are admissible to another country under the meaning of paragraph 403(c);”. 14.3 After paragraph 403(d) insert: “(e) has sought and failed to obtain or re-establish their nationality with the appropriate authorities of the relevant country; and (f) if, in the case of a child born in the UK, has provided evidence that they have attempted to register their birth with the relevant authorities but have been refused.”. 14.4 In paragraph 405, substitute “30 months” with “five years”. 14.5 In paragraph 407(c) substitute “lawful leave” with “stateless leave granted u … nder Rule 405”. 14.6 In paragraph 410(c), remove “or same sex”. 14.7 For paragraph 410(d)(ii) substitute, (ii) is not married, in a civil partnership or has an unmarried partner with whom they have lived together in a subsisting relationship akin to marriage or a civil partnership for two years or more; and”. 14.8 In paragraph 413, substitute “30 months” with “five years”. Page 18 of 294 14.9 In paragraph 415(c), substitute “lawful leave” with “stateless leave granted under Rule 413”. Changes to Appendix A A1. For paragraph 36, substitute: “36. Available points are shown in Table 4 for initial … ation will be decided in accordance with the rules in force on 29 March 2019. The following sections shall take effect on 6 April 2019. In relation to those changes, if an application for entry clearance, leave to enter or leave to remain has been made before 6 April 2019, such applications will be decided in accordance with the Immigration Rules in force on 5 April 2019. • Part 6A – Paragraphs 6A.58 to 6A.63 • Part 14 – Paragraphs 14.1 to 14.9 • Appendix A – Paragraph A14 • Appendix C – Paragraphs C1 and C4 to C13 • Appendix E – Paragraphs E5 to E8, E10 and E13 • Appendix H – Paragraph H1 • A … ppendix KoLL – Paragraph KoLL1 • Appendix V – Paragraph V1 Page 3 of 294 The changes to Part 7 set out in paragraphs 7.1 to 7.14 and Appendix V set out in paragraph V3 of this statement shall take effect on 6 April 2019. The following sections shall take effect on 6 July 2019. In relation to those changes, if an application for entry clearance, leave to enter or leave to remain has been made before 6 July 2019, such applications will be decided in accordance with the Immigration Rules in force on 5 July 2019. • Part 6A – Paragraph 6A.35 • Appendix A – Paragraph A40 • Appendix B – Paragraphs B1","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-ec1cf7a6ac8a3585f151","countryCode":"GB","country":"United Kingdom","title":"Inclusion of Minor Children of Durable Partners as Extended Family Members","policyEffect":"Expands extended family member eligibility under regulation 8(5) to include children under the age of 18 of an EEA national's durable partner.","operativeDate":"2019-08-15","year":2019,"affectedGroup":"Children under age 18 of durable partners of EEA nationals","materialConditionsAndExceptions":"Applies to children under 18 of a durable partner of an EEA national.","policyCategory":"Eligibility","policyTool":"Statutory instrument","sourceName":"legislation.gov.uk","sourceUrl":"https://legislation.gov.uk/uksi/2019/1155/made","preciseCitation":"SI 2019/1155, regulations 1, 2(1), 2(5)(d)","evidencePassage":"These Regulations may be cited as the Immigration (European Economic Area) (Amendment) Regulations 2019 and come into force on 15th August 2019. Amendments to the Immigration (European Economic Area) Regulations 2016 2. —(1) The Immigration (European Economic Area) Regulations 2016( 4 ) are amended as follows. … (5) In regulation 8 (meaning of “extended family member”)— … (d) in paragraph (5), after “an EEA national,” insert “or the child (under the age of 18) of that partner”;","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-5a3753fd4b2c4f799bcc","countryCode":"GB","country":"United Kingdom","title":"Recognition of Children Under Non-Adoptive Legal Guardianship as Extended Family Members","policyEffect":"Expands the definition of extended family members under the 2016 EEA Regulations to include children under 18 subject to recognized non-adoptive legal guardianship orders in favour of an EEA national.","operativeDate":"2019-08-15","year":2019,"affectedGroup":"Children under 18 subject to non-adoptive legal guardianship orders in favour of EEA nationals","materialConditionsAndExceptions":"The child must be under age 18, subject to a non-adoptive legal guardianship order recognized under the law of the state where it was contracted, have lived with the EEA national since placement, created family life, and have a personal relationship involving dependency and parental responsibility.","policyCategory":"Eligibility","policyTool":"Statutory instrument","sourceName":"legislation.gov.uk","sourceUrl":"https://legislation.gov.uk/uksi/2019/1155/made","preciseCitation":"SI 2019/1155, regulations 1, 2(1), 2(5)(a)-(b)","evidencePassage":"These Regulations may be cited as the Immigration (European Economic Area) (Amendment) Regulations 2019 and come into force on 15th August 2019. Amendments to the Immigration (European Economic Area) Regulations 2016 2. —(1) The Immigration (European Economic Area) Regulations 2016( 4 ) are amended as follows. … (5) In regulation 8 (meaning of “extended family member”)— (a) in paragraph (1), after “paragraph” insert “(1A),”; (b) after paragraph (1) insert— “ (1A) The condition in this paragraph is that the person— (a) is under the age of 18; (b) is subject to a non-adoptive legal guardianship order in favour of an EEA national that is recognised under the national law of the state in which it was contracted; (c) has lived with the EEA national since their placement under the guardianship order; (d) has created family life with the EEA national; and (e) has a personal relationship with the EEA national that involves dependency on the EEA national and the assumption of parental responsibility, including legal and financial responsibilities, for that person by the EEA national. ”","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-44593721ea755c589a2e","countryCode":"GB","country":"United Kingdom","title":"Section 67 leave can be granted on arrival without a prior refused asylum claim","policyEffect":"HC 2631 removes the requirement that children transferred under section 67 of the Immigration Act 2016 first make an unsuccessful asylum or humanitarian-protection application before receiving section 67 leave. The amendment takes effect on October 1, 2019. New paragraph 352ZHA provides for the grant on arrival for persons arriving after October 1, 2019; where an asylum or humanitarian-protection application has been made, paragraph 352ZH(ii) continues to require its refusal.","operativeDate":"2019-10-01","year":2019,"affectedGroup":"Refugees, asylum seekers and other vulnerable people","materialConditionsAndExceptions":"Validated condition or limit: HC 2631 removes the requirement that children transferred under section 67 of the Immigration Act 2016 first make an unsuccessful asylum or humanitarian-protection application before receiving section 67 leave.; New paragraph 352ZHA provides for the grant on arrival for persons arriving after October 1, 2019","policyCategory":"Legal entry and stay","policyTool":"Access to social benefits and socio-economic rights","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/5d76405b40f0b62601d9d848/CCS0919964596_HC_2631_Web_Accessible.pdf","preciseCitation":"HC 2631, implementation and paragraphs 11.5–11.6; explanatory memorandum section on s67 leave","evidencePassage":"to that country; or (b) they could have made an application for protection to that country but did not do so and there were no exceptional circumstances preventing such an application being made, and (iv) the applicant will be readmitted to that country.”. 11.4 For Paragraph 345E, substitute: “Dublin Transfers 345E. Whilst the UK remains subject to the Dublin Regulation, the Secretary of State shall decline to substantively consider an asylum claim if the applicant is transferable to another country in accordance with the Dublin Regulation.”. 11.5 For paragraph 352ZH (ii), substitute: “(ii) w … here the person has made an application for refugee status or humanitarian protection, that application has been refused;”. 11.6 After paragraph 352ZH, insert new paragraph: “352ZHA. For persons arriving in the United Kingdom after 1 October 2019, the grant of Section 67 leave will be made upon their arrival in the United Kingdom.”. Changes to Appendix A A1. In paragraph 41(a)(ix), for “row 5 of Table 4A”, substitute “row 4 of Table 4A”. A2. In paragraph 41(a)(x), for “row 5 of Table 4AA”, substitute “row 4 of Table 4A”. Page 13 of 99 A3. In paragraph 45(d)(ii), for “where the investment was m … 535), 11 March 2016 (HC 877), 3 November 2016 (HC 667), 16 March 2017 (HC 1078), 20 July 2017 (HC 290), 7 December 2017 (HC 309), 15 March 2018 (HC 895), 15 June 2018 (HC 1154), 20 July 2018 (Cm 9675), 11 October 2018 (HC 1534), 11 December 2018 (HC 1779), 20 December 2018 (HC 1849), 7 March 2019 (HC 1919) and 1 April 2019 (HC 2099). Implementation The following sections shall take effect on 1 October 2019. In relation to those changes, if an application for entry clearance, leave to enter or leave to remain has been made before 1 October 2019, such applications will be decided in accordance w … January 2020, such applications will be decided in accordance with the Immigration Rules in force on 31 December 2019. • Appendix G – Paragraph 1 and Paragraph 2 Page 2 of 99 The following section shall take effect on 1 October 2019. However, in relation to that section, where notice of an eligible decision under Appendix AR (EU) is received between 3 September 2019 and 30 September 2019, such applications will be decided in accordance with the Immigration Rules in force on 30 September 2019. • Part 1 – Paragraph 34R(1A) The other changes set out in this statement shall take effect on 1 Octob","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-e0d3a953b0e12ecffe51","countryCode":"GB","country":"United Kingdom","title":"EU Settlement Scheme Appeals System Establishment","policyEffect":"Conferred rights of appeal against decisions under Appendix EU, EU family permits, and travel permit refusals/cancellations to the First-tier Tribunal (Immigration and Asylum Chamber).","operativeDate":"2020-01-31","year":2020,"affectedGroup":"Eu citizens and eligible family members","materialConditionsAndExceptions":"","policyCategory":"Appeals and legal remedies","policyTool":"Statutory instrument","sourceName":"The National Archives (legislation.gov.uk)","sourceUrl":"https://www.legislation.gov.uk/uksi/2020/61/contents/made","preciseCitation":"The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (SI 2020/61)","evidencePassage":"2020 (S.I. 2020/1213), regs. 1(2)(3), 24(2)(b) Commencement Information I2Reg. 2 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5) Marginal Citations M21971 c. 77. M31997 c. 68. M42002 c. 41. M5See section 17(2) of the European Union (Withdrawal Agreement) Act 2020 (“the EUWAA”) for the meaning of “relevant entry clearance immigration rules”; and see section 17(5) of the EUWAA for the meanings of “entry clearance” and “immigration rules”. PART 2U.K.Appeals in respect of citizens' rights immigration decisions CHAPTER 1U.K.Appeals: general[F8Decisions other than those relating to frontier workers] U.K. Textual Amendments F8Pt. 2 Ch. 1 cross-heading inserted (4.11.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 24(3)Right of appeal against decisions relating to leave to enter or remain in the United Kingdom made by virtue of residence scheme immigration rulesU.K. 3.—(1) A person (“P”) may appeal against a decision made on or after exit day— (a)to vary P's leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules M6, so that P does not have leave to enter or remain in the United Kingdom, (b)to cancel P's leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, (c)not to grant any leave to enter or remain in the United Kingdom in response to P's relevant application, or (d)not to grant indefinite leave to enter or remain in the United Kingdom in response to P's relevant application (where limited leave to enter or remain is granted, or P had limited leave to enter or remain when P made the relevant application). [F9(2) In this regulation … EUWAA for the meaning of “residence scheme immigration rules”.Right of appeal against decisions under section 76 of the 2002 Act to revoke indefinite leave to enter or remain by virtue of residence scheme immigration rulesU.K. 4. A person may appeal against a decision made on or after exit day under section 76(1) or (2) of the 2002 Act M7 to revoke their indefinite leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules. Commencement Information I4Reg. 4 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5) Marginal … Citations M7Section 76(2) was amended by paragraph 3(3)(a) of Schedule 9 to the Immigration Act 2014 (c. 22).Right of appeal against decisions made in connection with scheme entry clearanceU.K. 5. A person may appeal against a decision made on or after exit day— (a)where the person applies for scheme entry clearance on or after exit day, to refuse their application, (b)to cancel or revoke their scheme entry clearance, (c)where they have scheme entry clearance, to refuse them leave to enter the United Kingdom under article 7(1) of the Immigration (Leave to Enter and Remain) Order 2000 M8, or (d … Commencement Information I7Reg. 7 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)Grounds of appealU.K. 8.—(1) An appeal under these Regulations must be brought on one or both of the following two grounds. (2) The first ground of appeal is that the decision breaches any right which the appellant has by virtue of— (a)Chapter 1, or Article 24(2) [F16, 24(3), 25(2) or 25(3)] of Chapter 2, of Title II [F17, or Article 32(1)(b) of Title III,] of Part 2 of the withdrawal agreement, (b)Chapter 1, or Article 23(2) [F18, 23(3), 24(2) or 24(3)] of Chapter 2, of Title II [F19, or Article … Withdrawal Agreement) Act 2020 (c. 1) (“the 2020 Act”). It is the first instrument to be made under section 11 of that Act. These Regulations make provision for appeals in connection with various immigration decisions which relate to, or are connected to, leave to enter or remain in the United Kingdom granted under residence scheme immigration rules or relevant entry clearance immigration rules. “Residence scheme immigration rules” and “relevant entry clearance immigration rules” are defined in section 17 of the 2020 Act. Part 1 of these Regulations contains general provisions. Part 2 of these","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-5d6e6b570517c5e0482f","countryCode":"GB","country":"United Kingdom","title":"Global Talent Visa Application Fees & Fast-Track Endorsement Fees","policyEffect":"Established statutory application fees for the new Global Talent route and Stage 1 endorsement fees in the Immigration and Nationality (Fees) Regulations 2018.","operativeDate":"2020-02-20","year":2020,"affectedGroup":"Global talent visa applicants","materialConditionsAndExceptions":"","policyCategory":"Fees and charges","policyTool":"Statutory instrument","sourceName":"The National Archives (legislation.gov.uk)","sourceUrl":"https://www.legislation.gov.uk/uksi/2020/77/contents/made","preciseCitation":"The Immigration and Nationality (Fees) (Amendment) Regulations 2020 (SI 2020/77)","evidencePassage":"EXPLANATORY MEMORANDUM TO THE IMMIGRATION AND NATIONALITY (FEES) (AMENDMENT) REGULATIONS 2020 2020 No. 77 1. Introduction 1.1 This explanatory memorandum has been prepared by The Home Office and is laid before Parliament by Command of Her Majesty. 2. Purpose of the instrument 2.1 These Regulations amend the Immigration and Nationality (Fees) Regulations 2018 (“the 2018 Regulations”), to remove application fees for the Tier 1 (Exceptional Talent) immigration route and introduce application fees for the new Global Talent immigration route. 3. Matters of special interest to Parliament Matters of … from an endorsing body” which, in relation to the United Kingdom, replaces the existing definition of “approval letter from a designated competent body” and applies for the purposes of the new fee provisions referring to “an application to the Home Office for an approval letter from an endorsing body” (new fees 1.3B.1 and 6.2B.1, inserted by regulations 6(b)(ii) and 7(b)(ii) respectively). DExEU/EM/7-2018.2 2 Fees 7.8 The current specified fee for an approval letter under Tier 1 (Exceptional Talent) arrangements is £456. If the applicant goes on to apply for entry clearance to enter or limited","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-1ce05ec07693d4e6ac32","countryCode":"GB","country":"United Kingdom","title":"Launch of the Global Talent Visa Route (Statement of Changes HC 56)","policyEffect":"Formally replaced the Tier 1 (Exceptional Talent) category with the new uncapped \"Global Talent\" route for leaders and potential leaders in academia, research, digital technology, and arts and culture. Introduced a new endorsed funder fast-track pathway for researchers supported by UKRI-approved funding awards.","operativeDate":"2020-02-20","year":2020,"affectedGroup":"Global talent / stem / researchers / arts & tech","materialConditionsAndExceptions":"","policyCategory":"Labour migration","policyTool":"Visa category restructuring / points-based eligibility criteria","sourceName":"Home Office","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-56-30-january-2020/statement-of-changes-to-the-immigration-rules-hc-56-30-january-accessible-version","preciseCitation":"UK Parliament / Home Office, Statement of changes to the Immigration Rules: HC 56, 30 January 2020, GOV.UK.","evidencePassage":"while they held this leave.”. 6A.2 For paragraph 245B, substitute: “245B. Purpose (a)(i) This category is now closed to new applicants. (ii) Individuals who have entry clearance, leave to enter or leave to remain as a Tier 1 (Exceptional Talent) Migrant may apply under these Rules for indefinite leave to remain. (iii) Other applicants who wish to work in the UK as a talented or promising individual in a particular field, including those who have been endorsed by an endorsing body (but have not yet obtained leave to enter or leave to remain in this capacity) and applicants who wish to extend Tier 1 … Migrant, the applicant has earned money in the UK as a result of employment or self-employment in their expert field as previously endorsed by an endorsing body; and (ii) That endorsing body has not withdrawn its endorsement of the applicant. 75 ”. A3. Delete paragraphs 4(a) to 6, including the headings. A4. In paragraph 6A both times it occurs, for “his” substitute “their”. A5. In paragraph 6A(c)(i) for “he has” substitute “they have”. Changes to Appendix L L1. Delete Appendix L. Changes to Appendix W W1. In the Introduction, after “introduced on 29 March 2019”, insert “, and the Global Talent category which was introduced on 20 February 2020”. W2. In the Introduction, in paragraph (b) for “Parts W5 to W6”, substitute “Parts W5 to W7”. W3. In the Contents, after “Part W6: Specific requirements – Innovator”, insert “Part W7: Specific requirements – Global Talent”. W4. In Part W1, after the definition of “Innovator”, insert: “Global Talent This category is for talented and promising individuals in the fields of science, engineering, medicine, humanities, digital technology and arts and culture (including film and television, fashion design and architecture) wishing to work in the UK. Applicants will be leaders in their field, or have the potential to be leaders, as determined by an endorsing body. This category may lead to settlement in the UK.”. W5. At the end of the table in paragraph W2.1(a) insert a new row: “ Global Talent As requested by the applicant, any of: As requested by the applicant, any of: No time limit 1 year 1 year 2 years 2 years 3 years 3 years 4 years 4 years 5 years 5 years ”. W6. In paragraph W2.4(b) for “Start-up or Innovator” substitute “Start-up, Innovator or Global Talent”. W7. In the introduction to Part W3 for “Parts W5 to W6”, substitute “Parts","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d09b5c6951e7227d7d4a","countryCode":"GB","country":"United Kingdom","title":"Transition of Priority Change of Circumstances Service to Email-Only","policyEffect":"The priority change of circumstances service for Tier 2 and Tier 5 employers was transitioned from a telephone-based system to an email-only service, with a new digital request form introduced for expedited license updates.","operativeDate":"2020-04-05","year":2020,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: The priority change of circumstances service for Tier 2 and Tier 5 employers was transitioned from a telephone-based system to an email-only service, with a new digital request form introduced for expedited license updates.","policyCategory":"Skilled work, intra company, other","policyTool":"Other","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/priority-change-of-circumstances-for-sponsors","preciseCitation":"www.gov.uk. Transition of Priority Change of Circumstances Service to Email-Only. Effective 2020-04-05.","evidencePassage":"Opening times of the service updated. 4 December 2020 Guidance updated to reflect 1 Dec Immigration Rules changes. 5 October 2020 Updated information in the 'How to apply' section, including the possible impact of COVID-19 on the service. 5 April 2020 Guidance has been updated. The priority change of circumstances service has changed from a telephone service to an email service. The telephone line is no longer in use. 3 October 2017 Updated guidance. 3 April 2017 Updated guidance. 6 November 2016 First published. Sign up for emails or print this page Get emails about this page Print this page Related","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-360894dd3b751dac8a03","countryCode":"GB","country":"United Kingdom","title":"Automatic Visa Extensions for Frontline Healthcare Workers","policyEffect":"Expanded the automatic, free one-year visa extension scheme to include midwives, radiographers, social workers, pharmacists, and their family members with visas expiring between March 31, 2020, and October 1, 2020.","operativeDate":"2020-04-29","year":2020,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"Eligibility","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/news/home-secretary-announces-visa-extensions-for-frontline-health-and-care-workers","preciseCitation":"www.gov.uk. Automatic Visa Extensions for Frontline Healthcare Workers. Effective 2020-04-29.","evidencePassage":"Matt Hancock and The Rt Hon Priti Patel MP Published: 29 April 2020 This was published under the 2019 to 2022 Johnson Conservative government 3 health workers. Free visa extensions will be automatically granted to more crucial overseas health and care workers, the Home Secretary has announced today. Frontline workers, including midwives, radiographers, social workers and pharmacists, with visas due to expire before 1 October 2020 will receive an automatic one-year extension. It will apply to those working both in the NHS and independent sector and include their family members. This builds on the Home Secretary’s announcement last month for NHS doctors, nurses and paramedics. All will be exempt for the Immigration Health Surcharge for the duration of the exemption. In total approximately 3,000 vital health and care workers and their families will benefit from the extension. Home Secretary Priti Patel said: We are incredibly grateful to all overseas health and care workers fighting this invisible enemy. We have already announced the extension of visas for NHS doctors, nurses and paramedics. Now we are going further by extending this offer to hundreds of other frontline health and care … workers, both in the NHS and in the independent sector. These extensions will be automatic, free and include exemption from the Immigration Health Surcharge. Secretary of State for Health and Social Care Matt Hancock said: Frontline health and social care workers from overseas are doing extraordinary work in responding to this global outbreak. Around 3,000 vital health and care workers and their families will benefit from the extension, and we are hugely grateful to them for protecting the vulnerable and saving lives. Those benefiting are providing essential services in response to the coronavirus pandemic. It is important we relieve the pressure from the whole of the NHS, so it can focus maximum effort on fighting the coronavirus and saving lives. The extension comes into effect immediately and is for all visas expiring between 31 March and 1 October 2020. Those benefitting from this extension will be identified by health and care employers across the UK. Any NHS workers who have paid for an unresolved application will be offered the option of a refund. The Home Secretary has also confirmed family members and dependants of healthcare workers who sadly pass away as result of contracting","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-dbb422b2c46f18755ae7","countryCode":"GB","country":"United Kingdom","title":"Stricter Rules for Representative of an Overseas Business Route (Statement of Changes CP 232)","policyEffect":"Immigration Rules were amended under Statement of Changes CP 232 to curb perceived abuse of the Sole Representative route, requiring applicants to possess genuine authority and experience, preventing majority owners and their dependent spouses from utilizing the route, and mandating that the overseas business remains active and trading principally outside the UK.","operativeDate":"2020-06-04","year":2020,"affectedGroup":"Business migrants / representatives of overseas businesses","materialConditionsAndExceptions":"","policyCategory":"Legal framework","policyTool":"Immigration rules","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-cp-232-14-may-2020/statement-of-changes-to-the-immigration-rules-cp-232-14-may-accessible-version","preciseCitation":"UK Parliament / Home Office, Statement of Changes in Immigration Rules: CP 232, Paragraphs 5.1–5.10 (14 May 2020).","evidencePassage":"voluntary or community body; or (b) relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions or standards which relate to any activity carried on by a business or voluntary or community body. Changes to Part 5 5.1 In paragraph 144, after “are that he” add “genuinely”. 5.2 In paragraph 144(i), after “a business which has” add “, and will continue to have,”. 5.3 For paragraph 144(ii)(a), substitute: “(a) as a senior employee of an active and trading overseas business which has no active branch, subsidiary or other representative in the United Kingdom for the purpose of representing that business in the United Kingdom by establishing and operating a registered branch or wholly-owned subsidiary of it, where that branch or subsidiary will actively trade in the same type of business as that overseas business and is not being established solely for the purpose of facilitating the entry and stay of the applicant; or”. 5.4 For paragraph 144(iii)(a), substitute: “(a) will be the sole representative of that overseas business present in the United Kingdom under the terms of this paragraph, with the skills, experience and knowledge of the business necessary to undertake that role, and the full authority to negotiate and take operational decisions on behalf of that business;”. 5.5 For paragraph 144(iii)(b), substitute: “(b) is an existing senior employee of that overseas business who intends to be employed full time as a representative of that business and will not engage in business of his own or represent any other business’s interest in the United Kingdom;”. 5.6 For paragraph 144(iii)(c), substitute: “(c) does not have a majority stake in, or otherwise own or control, that overseas business, whether that ownership or control is by … means of a shareholding, partnership agreement, sole proprietorship or any other arrangement;”. 5.7 In paragraph 144(iii)(d)(1), after “distribution” add “or ownership”. 5.8 In paragraph 144(iii)(d)(4), for “is fully familiar with the company’s activities and has full powers to negotiate and take operational decisions without reference to the parent company” substitute: “has the relevant skills, experience, knowledge and authority as outlined in (iii)(a)”. 5.9 In paragraph 147(ii)(b), after “subsidiary” add “which they established in the UK in accordance with paragraph 144 of these rules”. 5.10 In paragraph 194, at the end of sub-paragraph (viii) after “entry in this capacity” insert: “; and (ix) where the applicant is accompanying or joining a person granted entry clearance or leave to enter or limited leave to remain as the sole representative of an overseas business within the meaning of paragraph 144(ii)(a), the applicant does not have a majority stake in, or otherwise own or control, that overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement”. Changes to Part 6A 6A.1 Delete paragraph","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-171dfbb8f8ece1cfa219","countryCode":"GB","country":"United Kingdom","title":"Youth Mobility Scheme 2020 Deadline Extension for Taiwan","policyEffect":"Temporary extension of the application deadline for Youth Mobility Scheme applicants from Taiwan selected in the first stage of the 2020 lottery, due to COVID-19 related impacts.","operativeDate":"2020-06-22","year":2020,"affectedGroup":"First stage lottery selected youth from taiwan for the 2020 youth mobility scheme","materialConditionsAndExceptions":"","policyCategory":"Seasonal","policyTool":"Processing time","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/news/uk-visas-immigration-2020.zh","preciseCitation":"","evidencePassage":"英國簽證暨移民署(UK Visas & Immigration，簡稱UKVI)已經決定破例延長今年第一階段抽籤中選者的簽證申請期限。 … 若您尚未申請2020 YMS簽證，UKVI已經將簽證申請截止日延長至2020年7月30日。這表示您必須在7月30日前提出線上申請，若您是在7月30日之後才完成線上申請作業，您的申請將不被接受。","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-8378e06d68468aa8c24b","countryCode":"GB","country":"United Kingdom","title":"Implementation of Coronavirus Grace Period","policyEffect":"Following the conclusion of the Coronavirus Extension Concession, the Home Office established a one-month grace period for individuals whose leave expired during the pandemic, allowing them to remain in the UK to arrange departure without penalty.","operativeDate":"2020-08-01","year":2020,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"Other","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/continuous-residence-caseworker-guidance/continuous-residence-guidance-accessible-version","preciseCitation":"gov.uk. Implementation of Coronavirus Grace Period. Effective 2020-08-01.","evidencePassage":"working system to check the applicant has not broken their continuous residence as set out in Appendix Continuous Residence. An applicant will not be lawfully present, where the applicant required permission and did not have it and none of the overstaying exceptions in CR 4.1(d) apply. During the Coronavirus Extension Concession, a grace period was given between 1 August and 31 August 2020 for individuals to make arrangements to leave the UK. During this period individuals were not subject to sanctions that apply to overstayers, and the conditions of stay in the UK were to be the same as the conditions … the UK which would otherwise have expired during the period 24 January 2020 to 31 July 2020. Following the ending of the Coronavirus Extension Concession, the Home Office provided a grace period between 1 August to 31 August 2020 to allow individuals time to make arrangements to leave the UK. Any overstaying between 24 January 2020 and 31 August 2020 must be disregarded in line with paragraph 39E of the Rules and will not break continuous residence. You should be alert to this, as time spent in the UK during the CEC and following grace period is to be regarded as lawful presence and must count","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-c6d33204e447aedcca3d","countryCode":"GB","country":"United Kingdom","title":"Implementation of Exceptional Assurance Concession for Overstaying","policyEffect":"The Home Office introduced the Exceptional Assurance policy for individuals unable to depart the UK due to COVID-19, allowing periods of overstaying between September 1, 2020, and February 28, 2023, to be officially disregarded.","operativeDate":"2020-09-01","year":2020,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Student, skilled work, family, investor business, other","policyTool":"Other","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/coronavirus-extension-concession-cec-and-exceptional-assurance-concession-caseworker-guidance/coronavirus-extension-concession-cec-and-exceptional-assurance-concession-caseworker-guidance-accessible","preciseCitation":"GOV.UK. Implementation of Exceptional Assurance Concession for Overstaying. Effective 2020-09-01.","evidencePassage":"August 2020 is disregarded. Their Skilled Worker application is refused due to previous overstaying from 8 January to 23 January 2020. The Exceptional Assurance Concession: 1 September 2020 to 28 February 2023 Exceptional assurance was introduced on 1 September 2020 as a response to ongoing international travel disruption caused by the Covid-19 pandemic. It followed the Coronavirus Extension Concession and the grace period which had come to an end. Exceptional assurance offered individuals a short-term protection against any adverse action or consequences after their permission had expired, where they were unable to leave the UK due to COVID-19. It was an assurance given upon successful request to the Home Office. Individuals were required to email the Home Office’s Coronavirus Immigration Team (CIT) providing details including their full name, date of birth, and the reason(s) for requesting an exceptional assurance. Exceptional assurance did not grant any form of immigration permission to individuals but instead prevented current or future adverse consequences from overstaying during the period of assurance given. Where there were COVID-19 travel restrictions in place or another reason to prevent them leaving the UK, such as self-isolation required due to Covid-19, a person was granted exceptional assurance for a period of ten weeks. If there were no travel restrictions or other reasons for being unable to leave the UK, requestors were given a short-term period of assurance referred to as a short-term assurance, for a period of two weeks, to allow them time to leave the UK. The policy intent was that during a period with exceptional assurance or short-term assurance the holder would not be regarded as an overstayer or suffer any detriment in future applications relating to that period. Those granted exceptional or short-term assurance were informed they could apply for permission to stay or leave the UK before the expiry of their assurance. Where a request for exceptional assurance was approved, the requestor was issued a letter confirming they had been granted an exceptional assurance or short-term assurance that would allow the requestor to stay in the UK until a specified date, upon which the assurance would end. A person could be granted multiple consecutive exceptional assurances, so a person could request exceptional assurances consecutively between September 2020 and February 2023, until such a time that they were able to leave the UK. The Exceptions for overstayers section of Part Suitability of the Immigration Rules was amended so that overstaying during periods where the person held an exceptional assurance or short-term assurance will be disregarded and will not break continuous residence. This period however does not count as lawful presence. The case types created on CID are: CV – Assurance CV - Exceptional Extension Example 1 A student’s visa expired on 20 September 2020, and they intended to leave the UK to return to their home country","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-c5673b5e60758fd34f17","countryCode":"GB","country":"United Kingdom","title":"Introduction of New Points-Based Student and Child Student Routes","policyEffect":"The UK introduced the new points-based Student route and Child Student route, replacing the previous Tier 4 General Student and Tier 4 Child Student routes, and aligned application processes for EEA and non-EEA nationals.","operativeDate":"2020-10-05","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Student","policyTool":"New pathway","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-707-10-september-2020","preciseCitation":"GOV.UK. Introduction of New Points-Based Student and Child Student Routes. Effective 2020-10-05.; Statement of Changes in Immigration Rules: HC 707 (10 September 2020).; Statement of Changes to the Immigration Rules: HC 707","evidencePassage":"relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions or standards which relate to any activity carried on by a business or voluntary or community body. Changes to the introduction Intro.1 After paragraph 5 insert: “5A. Appendix ST: Student and Appendix CS: Child Student shall not apply to an application for permission to stay by an EEA national made before 1 January 2021, and any such application must be treated as invalid and not considered. 5B. Where an EEA national makes an application for entry clearance under Appendix ST: Student or Appendix … Part 6A and Appendix A of these Rules” and for “overseas” substitute “Overseas” in the first place where it occurs. Intro.22 In paragraph 6 for the definition of “Points Based System Migrant” substitute: ““Points Based System Migrant” means a migrant applying for, or granted, entry clearance or permission as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 Migrant, a Tier 5 Migrant, a Student or a Child Student.”. Intro.23 In paragraph 6, in the definition of “Tier 4 (General) Student”, after “of these Rules”, insert “in force before 5 October 2020 at 0900”. Intro.24 In paragraph 6, in the definitions of “Tier 4 (Child) student”, after “of these Rules”, insert “in force before 5 October 2020 at 0900”. Intro.25 In paragraph 6 in the definition of “expected end date of a course leading to the award of a PhD” for “leave to remain as a Tier 4 (General) Student” substitute “permission to stay as a Student”. Intro.26 In paragraph 6, for the definition of “Student Union Sabbatical Officer” substitute: ““Student Union Sabbatical Officer” means a person who has been granted permission under Appendix ST: Student, or under paragraph 245ZV or paragraph 245ZX of the rules in force before 5 October at … 6A.34 Delete paragraph 245ZZA. 6A.35 Delete paragraph 245ZZB. 6A.36 Delete paragraph 245ZZC. 6A.37 Delete paragraph 245ZZD. 6A.38 Delete paragraph 245ZZE. Changes to Part 7 7.1 In paragraph 276A03, for “Part 15” substitute “Appendix ATAS”. 7.2 In paragraphs 276BT1 to 276BV1, relating to the “Parent of a Tier 4 (child) student”, for “Tier 4 (child) student” substitute “Child Student” in each place that it occurs, including in the title of the route, description of the route and paragraph headings. 7.3 In paragraph 276BT1(i), delete sub paragraphs a) and b). 7.4 In paragraph 276BT1(i), after “provided … person who is aged 16 or 17 and wants to study with a sponsor that is an Independent School on a course at Regulated Qualifications Framework 3 or Scottish Credit and Qualifications Framework 6 and above can apply as either a Student or as a Child Student (see Appendix CS: Child Student). A person who wants to study a course for 6 months or less without a student sponsor but with an accredited provider, or a person aged 16 or over who wants to study an English Language course of 11 months or less without a student sponsor but with an accredited provider, should apply under Part 3: Students. Some … Students can bring a dependant partner and dependant children to the UK , for example if they are studying at postgraduate level, or on a government sponsored scheme. The Student route is not a route to settlement. Validity requirements for the Student route ST 1.1. A person applying for entry clearance or permission to stay on the Student route must apply on the specified form on gov.uk as follows: Location of applicant Nationality Form Outside the UK EEA national with a Student chipped passport Other applicants Student visa Inside the UK All applicants Student ST 1.2. An application for entry","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-376f3f7a42915840ea1e","countryCode":"GB","country":"United Kingdom","title":"COVID-19 Financial Requirement Concessions for Family Visas","policyEffect":"Caseworker guidance updated to include the Job Support Scheme (JSS) in financial assessments, preventing automatic refusals for sponsors impacted by COVID-19-related income reductions.","operativeDate":"2020-11-12","year":2020,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Family","policyTool":"Eligibility","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members","preciseCitation":"www.gov.uk. COVID-19 Financial Requirement Concessions for Family Visas. Effective 2020-11-12.","evidencePassage":"update to coronavirus (COVID-19) concessions. 1 February 2021 Updated 'Appendix FM 1.7: financial requirement' to reflect an update to coronavirus (COVID-19) concessions. 31 December 2020 Updated Updated Appendix FM 1.7, Appendix FM 1.7A and Adult dependent relatives to reflect end of transition. 12 November 2020 COVID-19 financial requirement concessions have been updated to include the job support scheme. 16 October 2020 Updated maintenance document. 13 October 2020 Updated financial requirement 20 August 2020 Updated Appendix FM 1.7 and Appendix FM 1.7A. 20 July 2020 Updated Appendix 7a to include","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-b5547cb6c36d1d275a90","countryCode":"GB","country":"United Kingdom","title":"Statement of Changes to the Immigration Rules: HC 813 (Introduction of the Skilled Worker Route and Global Points-Based Framework)","policyEffect":"Implemented the core architecture of the post-Brexit Points-Based System; abolished Tier 2 (General) in favour of the Skilled Worker route, lowered the skills threshold from RQF Level 6 to RQF Level 3, lowered general minimum salary thresholds to £25,600 (with tradeable points down to £20,480), abolished the Resident Labour Market Test and the Tier 2 cap, and consolidated cross-cutting rules on English language and finance.","operativeDate":"2020-12-01","year":2020,"affectedGroup":"High and medium-skilled migrant workers","materialConditionsAndExceptions":"Validated condition or limit: abolished Tier 2 (General) in favour of the Skilled Worker route, lowered the skills threshold from RQF Level 6 to RQF Level 3, lowered general minimum salary thresholds to £25,600 (with tradeable points down to £20,480), abolished the Resident Labour Market Test and the Tier 2 cap, and consolidated cross-cutting rules on English language and finance.","policyCategory":"Admission, work authorisation, labour migration","policyTool":"Points-based sponsored employment visa","sourceName":"UK Visas and Immigration / Home Office","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-813-22-october-2020","preciseCitation":"Home Office, Statement of changes to the Immigration Rules: HC 813, 22 October 2020.; Statement of Changes in Immigration Rules: HC 813 (22 October 2020).; Home Office, Statement of changes to the Immigration Rules: HC 813, 22 October 2020.","evidencePassage":"Worker sets out a new points-based route for those who wish to come to the UK to work in an eligible skilled occupation they will be offered by a Home-Office approved sponsor. The route can lead to settlement. Appendix Skilled Worker replaces the Tier 2 (General) rules. Tier 2 (General) rules will be deleted from Part 6A of the Rules. 7.78 Rules for dependent partners and children of a Skilled Worker are set out in Appendix Skilled Worker. They replace existing provision for dependants of a Tier 2 (General) Migrant in Part 8 of the Rules, where provisions referring to Tier 2 (General) family members … require applicants to: • complete the specified online application form, pay any relevant fee, provide any required biometrics, provide a passport or other travel document that establishes their identity and nationality; • be in the UK and have last been granted permission on the Skilled Worker route. Eligibility requirements 7.82 The main eligibility differences between the Skilled Worker route and the Tier 2 (General) route it replaces are: • The minimum skill threshold will be lowered from graduate occupations to occupations skilled to RQF level 3,5 roughly equivalent to A-levels or Scottish Highers. Applicants will not need to hold a formal qualification; it is the skill level of the job they will be doing which determines whether the threshold is met. • The general salary threshold set out at SW 8.2 will be lowered from £30,000 under the Tier 2 (General) route to £25,600 a year. Sponsor must, as under Tier 2 (General) route, pay their skilled workers a salary which equals or exceeds both this threshold and the “going rate” for the occupation, whichever is higher (but see below). Going rates are being updated in line with newer salary data and the recommendations of the independent Migration Advisory Committee (MAC). The assessment of salary will be based only on guaranteed basic gross pay. • Sponsored workers may be paid less than the above amounts, depending on the tradeable points they are awarded. Applicants under the new route will need to be awarded 70 points in total. All applicants must qualify for 50 mandatory points for: - Sponsorship (20 points) - A job at the appropriate skill level (20 points) - English language skills at B1 (intermediate) level (10 points) 5 The RQF applies in England and Northern Ireland. The equivalent levels are SCQF level 6 in Scotland and CQFW level 3 in Wales. 23 • An applicant may be awarded the remaining 20 tradeable points in one of the following ways: - A salary which equals or exceeds both £25,600 per year and the going rate for the occupation (20 points) - A PhD qualification which is relevant to the job (10 points), and a salary which equals or exceeds both £23,040 per year and 90% of the going rate for the occupation (10 points) - A PhD qualification in a STEM subject which is relevant to the job, and a salary which equals or exceeds both £20,480 per year and 80% of the going rate for the occupation (20 points) - A job in a shortage occupation, and a salary which equals or exceeds both £20,480 per year and 80% of the going rate for the occupation (20 points) - Being a new entrant to the labour market, and a salary which equals or exceeds both £20,480 per year and 70% of the going rate for the occupation (20 points) - A job in a listed health or education occupation, and a salary which equals or exceeds both £20,480 per year and 80% of the going rate for the occupation (20 points) • The cap which applies under Tier 2 (General) is being suspended. This will reduce the end-to-end process for sponsoring skilled workers by up to four weeks. • There will no longer be requirement for sponsors to undertake a Resident Labour Market Test. This will remove at least a further four weeks from the end-to-end process for sponsoring skilled workers. Sponsors must still be seeking to fill a genuine vacancy which meets the skill and salary thresholds. • The criteria used to identify a “new entrant to the labour market” are being amended. As recommended by the MAC, new entrants will also include those sponsored in postdoctoral research positions and those working towards professional qualifications, registration … this time, before assessing how the UK labour market develops post-Covid 19 and in response to the introduction of the new Points- Based Immigration System. Transitional arrangements 7.85 The Tier 2 (General) route will be closed to new applications from 1 December 2020. A person who has entry clearance or permission to stay on the Tier 2 (General) route and wants to extend their stay in the UK can apply for further leave, or settlement, under the Skilled Worker rules if they meet the requirements. References to Tier 2 (General) are either deleted from the Immigration Rules or amended where appropriate","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-38ba8c027269c8945409","countryCode":"GB","country":"United Kingdom","title":"End of EU Free Movement and Repeal of Free Movement Law","policyEffect":"Formally ended European Union free movement rights into the UK at the end of the transition period, repealing the Immigration (European Economic Area) Regulations 2016 and bringing EU/EEA/Swiss citizens under domestic immigration control.","operativeDate":"2020-12-31","year":2020,"affectedGroup":"Eu/eea/swiss citizens","materialConditionsAndExceptions":"Validated condition or limit: Formally ended European Union free movement rights into the UK at the end of the transition period, repealing the Immigration (European Economic Area) Regulations 2016 and bringing EU/EEA/Swiss citizens under domestic immigration control.","policyCategory":"Border control / free movement","policyTool":"Primary legislation","sourceName":"UK Parliament / legislation.gov.uk","sourceUrl":"https://www.legislation.gov.uk/ukpga/2020/20/contents/enacted","preciseCitation":"Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20).","evidencePassage":"timescales for which new effects are identified and recorded on this site. Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 2020 CHAPTER 20 An Act to make provision to end rights to free movement of persons under retained EU law and to repeal other retained EU law relating to immigration; to confer power to modify retained direct EU legislation relating to social security co-ordination; and for connected purposes. [11th November 2020] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this … power to amend conferred (28.4.2022 for specified purposes, 28.6.2022 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss. 82, 87(1)(4)(i); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29 C4Pt. 1 excluded (25.4.2024) by Safety of Rwanda (Asylum and Immigration) Act 2024 (c. 8), ss. 2(5)(a), 5, 10(1) (with ss. 4, 10(2)) 1Repeal of the main retained EU law relating to free movement etc.U.K. Schedule 1 makes provision to— (a)end rights to free movement of persons under retained EU law, including by repealing the main provisions of retained EU law relating to free movement … 1U.K.Repeal of the main retained EU law relating to free movement etc. PART 1U.K.EU-derived domestic legislation 1U.K.Section 7 of the Immigration Act 1988 (exemption from requirement for leave to enter or remain for persons exercising EU rights etc.) is omitted. Commencement Information I10Sch. 1 para. 1 in force at 31.12.2020 by S.I. 2020/1279, reg. 4(c) (with saving in S.I. 2020/1309, regs. 1(2), 83, Sch. 4 paras. 5-7) 2(1)Section 109 of the Nationality, Immigration and Asylum Act 2002 (power to make regulations about appeals against immigration decisions in respect of persons having, or claiming to have, EU rights) is omitted.U.K. (2)The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), made under section 2(2) of the European Communities Act 1972 as well as under section 109 of the 2002 Act, are revoked. (3)In consequence of the repeal made by sub-paragraph (1), in the following provisions of the 2002 Act, omit “or by virtue of section 109”— (a)section 106(3) and (4); (b)section 107(3). Commencement Information I11Sch. 1 para. 2 in force at 31.12.2020 by S.I. 2020/1279, reg. 4(c) (with savings in S.I. 2020/1309, regs. 1(2), 82, 83, Sch. 3 para. 7, Sch. 4 paras","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-c92d49afb0087fc9eae6","countryCode":"GB","country":"United Kingdom","title":"Introduction of Post-Brexit Third-Country Asylum Inadmissibility Rules (HC 1043)","policyEffect":"Replaced the Dublin III Regulation asylum transfer mechanisms upon Brexit transition end with expanded UK-specific safe third country inadmissibility rules under Part 11 of the Immigration Rules.","operativeDate":"2020-12-31","year":2020,"affectedGroup":"Asylum seekers passing through safe third countries","materialConditionsAndExceptions":"Validated condition or limit: Replaced the Dublin III Regulation asylum transfer mechanisms upon Brexit transition end with expanded UK-specific safe third country inadmissibility rules under Part 11 of the Immigration Rules.","policyCategory":"Asylum and refugee protection / inadmissibility","policyTool":"Immigration rules","sourceName":"Home Office / UK Parliament","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1043-10-december-2020","preciseCitation":"Statement of Changes to the Immigration Rules: HC 1043 (10 December 2020).; Statement of Changes to the Immigration Rules: HC 1043","evidencePassage":"place of asylum claim.”. 11.4 After paragraph 327C, insert “327D. An officer is not capable of receiving the claim in the territorial waters of the United Kingdom”. 11.5 For paragraphs 345A to 345D, substitute: “345A. An asylum application may be treated as inadmissible and not substantively considered if the Secretary of State determines that: (i) the applicant has been recognised as a refugee in a safe third country and they can still avail themselves of that protection; or (ii) the applicant otherwise enjoys sufficient protection in a safe third country, including benefiting from the principle of non-refoulement; or (iii) the applicant could enjoy sufficient protection in a safe third country, including benefiting from the principle of non-refoulement because: (a) they have already made an application for protection to that country; or (b) they could have made an application for protection to that country but did not do so and there were no exceptional circumstances preventing such an application being made, or (c) they have a connection to that country, such that it would be reasonable for them to go there to obtain protection. Safe Third Country of Asylum 345B. A country is a safe third country for a particular applicant, if: (i) the applicant’s life and liberty will not be threatened on account of race, religion, nationality, membership of a particular social group or political opinion in that country; (ii) the principle of non-refoulement will be respected in that country in accordance with the Refugee Convention; (iii) the prohibition of removal, in violation of the right to freedom from torture and cruel, inhuman or degrading treatment as laid down in international law, is respected in that country; and (iv) the possibility exists to request refugee status and, if found to be a refugee, to receive protection in accordance with the Refugee Convention in that country.” 345C. When an application is treated as inadmissible, the Secretary of State will attempt to remove the applicant to the safe third country in which they were previously present or to which they have a connection, or to any other safe third country which may agree to their entry.” Exceptions for admission of inadmissible claims to UK asylum process 345D. When an application has been treated as inadmissible and either (i) removal to a safe third country within a reasonable period of time is","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-0b7b93940df3b13787db","countryCode":"GB","country":"United Kingdom","title":"Post-Transition Visitor and Trade-Related Service Provider Rules","policyEffect":"Implemented commitments under the UK-EU Trade and Cooperation Agreement and Swiss Services Mobility Agreement regarding short-term business visitors and contractual service suppliers.","operativeDate":"2020-12-31","year":2020,"affectedGroup":"Business visitors and service providers","materialConditionsAndExceptions":"","policyCategory":"Business visitors / temporary service provision","policyTool":"Immigration rules","sourceName":"Home Office / UK Visas and Immigration","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-cp-361-31-december-2020","preciseCitation":"Statement of Changes to the Immigration Rules: CP 361","evidencePassage":"enforcement of, requirements, restrictions, conditions or standards which relate to any activity carried on by a business or voluntary or community body. Changes to the Introduction Intro1. In paragraph 6.2, after the definition of “English language course”, insert: “ “EU national” in Appendix T5 (Temporary Worker) International Agreement Worker means a person who is a national of: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal … on Trade in Services and the overseas undertaking is established in a country which has made a notification under Article XXVIII(k)(ii)(2) of that agreement, a permanent resident of that country; or (b) where the application is covered by a commitment in the Temporary Agreement between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on Services Mobility, a permanent resident of Switzerland.”. IA2. In IA 10.1.(c), after “country” insert: “or, where the application is covered by a commitment in the Temporary Agreement between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on Services Mobility, be a permanent resident of Switzerland”. IA3. For IA 14.1., substitute: “IA 14.1. If the application is for entry clearance as a contractual service supplier or independent professional, subject to IA 14.6., the applicant will be granted either: (a) the period of the role on the Certificate of Sponsorship plus 14 days before and 14 days after that period; or (b) if shorter, (i) if the applicant is an EU national covered by a relevant commitment in the United Kingdom-European Union Trade and Cooperation Agreement, 12 months; or, (ii) if the applicant is a Swiss national or permanent resident covered by a relevant commitment in the Temporary Agreement between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on Services Mobility, 12 months; or (iii) in all other cases, 6 months.”. IA4. For IA 14.2., substitute: “IA 14.2. If the application is for permission to stay as a contractual service supplier or independent professional, subject to IA 14.6., the applicant will be granted either: (a) the period of the role on the Certificate of Sponsorship plus 14 days before and 14 days … after that period; or (b) if shorter, (i) if the applicant is an EU national covered by a relevant commitment in the United Kingdom-European Union Trade and Cooperation Agreement, the difference between the period the applicant has already spent in the UK since their last grant of permission as an International Agreement Worker and 12 months; or, (ii) if the applicant is a Swiss national or permanent resident covered by a relevant commitment in the Temporary Agreement between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on Services Mobility, the difference between the period the applicant has already spent in the UK since their last grant of permission as an International Agreement Worker and 12 months; or (iii) in all other cases, the difference between the period the applicant has already spent in the UK since their last grant of permission as an International Agreement Worker and 6 months.”. IA5. For IA 14.6., substitute: “IA 14.6. An applicant who is not an EU national may not be granted permission as a contractual service supplier or independent professional for a total period of: (a) if the applicant is a Swiss national or permanent resident","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-6092ddac9a0c8e614463","countryCode":"GB","country":"United Kingdom","title":"Saving of EU Public Policy Deportation Grounds for Pre-Transition Conduct","policyEffect":"Saved and modified key deportation and exclusion provisions of the Immigration (European Economic Area) Regulations 2016 for EEA nationals and family members protected by the Withdrawal Agreements. Established a bifurcated enforcement regime: conduct committed prior to 11:00 pm on 31 December 2020 must be assessed against EU public policy, public security, and public health thresholds (proportionality/personal conduct tests), whereas conduct committed after the transition period is assessed under the UK's general UK domestic \"conducive to the public good\" deportation framework. Phase scope: Operative nationwide at the end of the transition period.","operativeDate":"2020-12-31","year":2020,"affectedGroup":"Protected eea/swiss citizens and family members","materialConditionsAndExceptions":"Validated condition or limit: Established a bifurcated enforcement regime: conduct committed prior to 11:00 pm on 31 December 2020 must be assessed against EU public policy, public security, and public health thresholds (proportionality/personal conduct tests), whereas conduct committed after the transition period is assessed under the UK's general UK domestic \"conducive to the public good\" deportation framework.; Phase scope: Operative nationwide at the end of the transition period.","policyCategory":"Enforcement and deportation","policyTool":"Statutory instrument","sourceName":"UK Legislation","sourceUrl":"https://legislation.gov.uk/uksi/2020/1210","preciseCitation":"The Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 (S.I. 2020/1210)","evidencePassage":"Notwithstanding the revocation of the EEA Regulations 2016, the provisions of the EEA Regulations 2016 specified in the Schedule continue to have effect, but with the modifications set out in the Schedule, for the purpose of removing a person who is protected by the citizens’ rights provisions.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-48228ce674ad47817726","countryCode":"GB","country":"United Kingdom","title":"Launch of the Hong Kong British National (Overseas) (BN(O)) Visa Route","policyEffect":"The UK Government launched a new, bespoke immigration pathway for British National (Overseas) status holders residing in Hong Kong, providing rights to work, study, and a direct pathway to permanent residence.","operativeDate":"2021-01-31","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"New pathway","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/nationality-and-borders-bill-british-national-overseas-factsheet/british-national-overseas","preciseCitation":"GOV.UK. Launch of the Hong Kong British National (Overseas) (BN(O)) Visa Route. Effective 2021-01-31.","evidencePassage":"holders concerned. This publication is available at https://www.gov.uk/government/publications/nationality-and-borders-bill-british-national-overseas-factsheet/british-national-overseas 1. What is the British National (Overseas) or BN(O) route? On 31 January 2021, the UK launched a bespoke immigration route for British National (Overseas) (BN(O)) status holders and their immediate family members. This route reflects the UK’s historic and moral commitment to the people of Hong Kong who chose to retain their ties to the UK by taking up BN(O) status at the point of Hong Kong’s handover to China in 1997. This is an unprecedented offer following China’s passing of the National Security Law. This law significantly impacts the rights and freedoms of the people of Hong Kong. Those with BN(O) status and their eligible family members can apply to come to the UK to live, study and work in virtually any capacity, on a pathway to citizenship. After five years in the UK, BN(O) status holders and their family members will be able to apply for settlement, followed by citizenship after a further twelve months. 2. How many people have applied for the route since it launched? According to the Quarterly Migration","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-93a55fd30deda65d2ca2","countryCode":"GB","country":"United Kingdom","title":"Increase in Asylum Support Weekly Cash Allowance","policyEffect":"The Asylum Support (Amendment) Regulations 2021 increased the weekly cash allowance for essential living needs of qualified asylum seekers from £37.75 to £39.63.","operativeDate":"2021-02-22","year":2021,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"Other","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2021/99/pdfs/uksi_20210099_en.pdf","preciseCitation":"Legislation.gov.uk. Increase in Asylum Support Weekly Cash Allowance. Effective 2021-02-22.","evidencePassage":"needs 2.—(1) Regulation 10 of the Asylum Support Regulations 2000(b) (kind and levels of support for essential living needs) is amended as follows. (2) In paragraph (2) for “£37.75” substitute “£39.63”. Chris Philp Parliamentary Under Secretary of State 28th January 2021 Home Office EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend regulation 10(2) of the Asylum Support Regulations 2000 (S.I. 2000/704) to provide that the weekly cash payment which may be made by the Secretary of State in respect of the essential living needs of persons to whom the Secretary of State has decided to provide asylum support is increased from £37.75 to £39.63. An impact assessment has not been produced for this instrument as no impact on the private and voluntary sector is foreseen. (a) 1999 c. 33. The meaning of “prescribed” is set out in section 167(1). (b) S.I. 2000/704; amended by S.I. 2018/30. There are other amendments, but none are relevant. © Crown copyright 2021 Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Jeff James, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp3-09761d793c9bf3ca957d","countryCode":"GB","country":"United Kingdom","title":"Student to Graduate Route COVID-19 UK Entry Concession Extension","policyEffect":"Extended the COVID-19 pandemic concession entry deadline for international students who began studies remotely in Autumn 2020 from 6 April 2021 to 21 June 2021 (and 27 September 2021 for Jan/Feb 2021 starters) to retain eligibility for the incoming Graduate Route.","operativeDate":"2021-03-04","year":2021,"affectedGroup":"International students transitioning to graduate route","materialConditionsAndExceptions":"Validated condition or limit: Extended the COVID-19 pandemic concession entry deadline for international students who began studies remotely in Autumn 2020 from 6 April 2021 to 21 June 2021 (and 27 September 2021 for Jan/Feb 2021 starters) to retain eligibility for the incoming Graduate Route.","policyCategory":"Student migration","policyTool":"Concession / physical presence waiver","sourceName":"Home Office / UK Visas and Immigration","sourceUrl":"https://www.gov.uk/government/publications/coronavirus-covid-19-student-sponsors-migrants-and-short-term-students","preciseCitation":"UK Visas and Immigration, Coronavirus (COVID-19): Student and Graduate Route Concessions Guidance, June 2021.","evidencePassage":"overnment to achieve the ambition set out in the International Education Strategy to increase the number of international students in higher education in the UK to 600,000 by 2030. Coronavirus concessions for students unable to travel to the UK due to the pandemic have also been extended, recognising the continuing disruption many face due to international travel restrictions. Applicants who began their studies in Autumn 2020 will now have until 21 June 2021 to enter the UK (updated from 6 April 2021) in order to be eligible for the Graduate route. Students who began their studies in January o … r February 2021 will need to be in the UK by 27 September 2021. The Graduate route comes as the government also unveiled plans to launch another new immigration route that will help start-ups and fast-growing firms recruit the talent they need to innovate and grow at yesterday’s Budget as part of a range of measures for highly skilled migrants. As part of the route, highly skilled migrants with a job offer from a recognised high-growth firm will qualify for a visa without the need for sponsorship or third-party endorsement. Share this page The following links open in a new tab Share on Faceboo … UK Visas and Immigration and Kevin Foster Published: 4 March 2021 This was published under the 2019 to 2022 Johnson Conservative government Graduate route to open to international students on 1 July 2021 The new Graduate route will open for applications on 1 July 2021, allowing the UK to retain the brightest and the best international students to continue to contribute to society and the economy post-study. International students must have completed an eligible course at a UK higher education provider, with a track record of compliance with the government’s immigration requirements to apply to","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-90a0006dd63d5a599b1f","countryCode":"GB","country":"United Kingdom","title":"Hong Kong BNO Fee Waiver and Administrative Fee Restructuring","policyEffect":"Introduced fee exception provisions for Hong Kong British National (Overseas) status holders facing destitution or extreme poverty, enabling waivers for change-of-condition applications to lift No Recourse to Public Funds (NRPF) restrictions.","operativeDate":"2021-04-06","year":2021,"affectedGroup":"Hong kong british national (overseas) status holders","materialConditionsAndExceptions":"Validated condition or limit: Introduced fee exception provisions for Hong Kong British National (Overseas) status holders facing destitution or extreme poverty, enabling waivers for change-of-condition applications to lift No Recourse to Public Funds (NRPF) restrictions.","policyCategory":"Fees / legal status","policyTool":"Fee waiver","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2021/269/contents/made","preciseCitation":"The Immigration and Nationality (Fees) (Amendment) Regulations 2021 (S.I. 2021/269).","evidencePassage":". £250 ” (4) In Table 9 (exceptions and waivers in respect of fees for applications for, or in connection with, leave to remain in the United Kingdom)— (a) in 9.9 in the row below the heading— (i) in the second column— (aa) in the words before paragraph (a), after “a condition of no recourse” insert “or access”; (bb) omit the “or” after paragraph (a)(v); (cc) after paragraph (a)(vi) insert— “ or (vii) Appendix Hong Kong British National (Overseas) to the immigration rules; ” ; (ii) in the third column for “Fee 6.1.1” substitute “Fees 6.1.1, 6.2C.1, 6.2C.2”; (b) in 9.11.1 in the second column for … reduction of that fee where the applicant is a national of a State which has ratified the European Social Charter agreed by the Council of Europe at Turin on 18th October 1961 (CETS No. 035). Fees for applications by dependants are provided for by existing paragraph 3 of Schedule 2 to the 2018 Regulations. Regulation 5(4)(a) provides a new exception from the fees which would otherwise apply in respect of an application to vary the conditions attached to a grant of limited leave to remain in the United Kingdom under Appendix Hong Kong British National (Overseas) to the United Kingdom immigration rules","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ac22a1dfb3ae139c7ecf","countryCode":"GB","country":"United Kingdom","title":"Statement of Changes in Immigration Rules (HC 1248)","policyEffect":"Introduces definitions and rules for the new Graduate Route and makes various updates to immigration categories.","operativeDate":"2021-04-06","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Work authorization","policyTool":"New pathway","sourceName":"service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/6040bf228fa8f577bf074474/CCS001_CCS0221107260-001_Statement_of_changes_in_Immigration_Rules__PRINT_.pdf","preciseCitation":"service.gov.uk. Statement of Changes in Immigration Rules (HC 1248).","evidencePassage":"may rely on funds held in the account of a partner who is outside the UK in addition to the account holders listed in FIN 5.1(a).”. Insertion of new Appendix Graduate APP GR1. After Appendix Parent of a Child Student, insert new appendix “Graduate”: “Appendix Graduate This route is for a Student in the UK who wants to work, or look for work, following the successful completion of an eligible course of study at UK bachelor’s degree-level or above. The study must have been with a higher education provider with a track record of compliance. The Graduate route is an unsponsored route. Individuals","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-4d93dc0506862a585228","countryCode":"GB","country":"United Kingdom","title":"Mandatory Expansion of Academic Technology Approval Scheme (ATAS) to Skilled Worker Route","policyEffect":"For applications made from 21 May 2021, applicants must provide a valid Academic Technology Approval Scheme (ATAS) certificate if they are being sponsored as a Skilled Worker by a sponsor which is also a licensed Student sponsor (mainly universities), are not exempt nationals under paragraph ATAS 3.1, their job is in an occupation code listed in paragraph ATAS 1.2(a), and the job includes an element of PhD-level research in a relevant subject listed in paragraph ATAS 4.1.","operativeDate":"2021-05-21","year":2021,"affectedGroup":"Skilled worker applicants sponsored by a licensed student sponsor whose job is in an occupation code listed in paragraph atas 1.2(a) and includes an element of phd-level research in a relevant subject listed in paragraph atas 4.1","materialConditionsAndExceptions":"Validated condition or limit: For applications made from 21 May 2021, applicants must provide a valid Academic Technology Approval Scheme (ATAS) certificate if they are being sponsored as a Skilled Worker by a sponsor which is also a licensed Student sponsor (mainly universities), are not exempt nationals under paragraph ATAS 3.1, their job is in an occupation code listed in paragraph ATAS 1.2(a), and the job includes an element of PhD-level research in a relevant subject listed in paragraph ATAS 4.1.","policyCategory":"Labour migration","policyTool":"Security vetting / atas certification requirement","sourceName":"assets.publishing.service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/6a6b4a63cceb23e86789771f/Skilled_worker__1_.pdf","preciseCitation":"","evidencePassage":"applicants must provide a valid Academic Technology Approval Scheme (ATAS) certificate if all of the following apply: … they are being sponsored as a Skilled Worker by a sponsor which is also a licensed Student sponsor (these will mainly be universities) … they are not one of the exempt nationals listed in paragraph ATAS 3.1 … their job is in one of the occupation codes listed in paragraph ATAS 1.2(a) … the job includes an element of PhD-level research in a relevant subject (and these subjects are listed in paragraph ATAS 4.1)","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-95782c28d74cc1242c28","countryCode":"GB","country":"United Kingdom","title":"Revised Guidance on Adults at Risk in Immigration Detention","policyEffect":"The Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2021 formally introduced revised guidance modifying the criteria used to determine if an individual's vulnerability makes them unsuitable for detention.","operativeDate":"2021-05-25","year":2021,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Enforcement","policyTool":"Enforcement","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2021/184/made","preciseCitation":"Legislation.gov.uk. Revised Guidance on Adults at Risk in Immigration Detention. Effective 2021-05-25.","evidencePassage":"Scotland and Northern Ireland. Guidance 2. The guidance entitled “Immigration Act 2016: Revised guidance on adults at risk in immigration detention”, a draft of which was laid before Parliament on 22nd February 2021 by the Secretary of State under section 59(4) of the Immigration Act 2016, comes into force on 25th May 2021. Chris Philp Parliamentary Under Secretary of State Home Office 23rd February 2021 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations bring into force revised guidance specifying matters to be taken into account in determining whether a person would be particularly vulnerable to harm if that person were to be detained or to remain in immigration detention and, if so, whether that person should be detained or remain in immigration detention. The revised guidance replaces the guidance entitled “Immigration Act 2016: Revised guidance on adults at risk in immigration detention” which was brought into force on 2nd July 2018 by the Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2018 (S.I. 2018/410). The draft revised guidance on adults at risk in immigration detention is published by the Stationery Office and copies may","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-a87c7882773dc38e65ec","countryCode":"GB","country":"United Kingdom","title":"EU Settlement Scheme: Revised COVID-19 Continuous Residence Guidance & Concessions","policyEffect":"Issued new casework guidance establishing broad concessions for EU/EEA citizens applying to the EU Settlement Scheme whose 6-month continuous residence periods were broken by COVID-19 pandemic-related travel disruptions, public health advice, or overseas stays.","operativeDate":"2021-06-10","year":2021,"affectedGroup":"Eu, eea, and swiss citizens and family members","materialConditionsAndExceptions":"","policyCategory":"Eu settlement scheme","policyTool":"Concession / absence waiver criteria","sourceName":"Home Office","sourceUrl":"https://www.gov.uk/government/publications/coronavirus-covid-19-eu-settlement-scheme-guidance-for-applicants","preciseCitation":"Home Office, EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members - Coronavirus (COVID-19) guidance, 10 June 2021.","evidencePassage":"citizens and their family members - changes have been made in particular to reflect changes in the approach to contacting the applicant at the validity and eligibility stages where they have submitted fraudulent evidence. 15 November 2021 Updated version of \"EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members\" published, which includes guidance from the deleted document \"EU Settlement Scheme: coronavirus (COVID-19)\". 21 July 2021 EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members guidance updated following rules changes on 1 July. 10 June … 2021 New EU Settlement Scheme: coronavirus (COVID-19) guidance added. 24 May 2021 'EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members’ guidance updated. Updates to the tables setting out the countries that have extended the validity of their identity documents in response to the COVID-19 situation, which documents the extensions apply to, and the impact on the expiry date. 28 April 2021 Updated 'EU Settlement Scheme: person with a Zambrano right to reside' to reflect the changes to Appendix EU made in Statements of Changes in Immigration Rules, up to HC 1248, laid","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-901a7d6a96539da7567e","countryCode":"GB","country":"United Kingdom","title":"Common Travel Area Enforcement Update","policyEffect":"Restricted the ability of individuals who left the UK without valid leave to re-enter from Ireland without undergoing standard immigration checks.","operativeDate":"2021-06-16","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Enforcement","policyTool":"Enforcement","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2021/600/made/data.xht?view=snippet&wrap=true","preciseCitation":"Legislation.gov.uk. Common Travel Area Enforcement Update. Effective 2021-06-16.","evidencePassage":"Scotland and Northern Ireland. Amendment to the 1972 Order 2. In article 3(1)(b) of the Immigration (Control of Entry through Republic of Ireland) Order 1972( 2 ), for paragraph (iii) substitute— “ (iii) he is a person who— (aa) requires leave to enter or remain in the United Kingdom, (bb) left the United Kingdom at a time where he required such leave but did not have it, and (cc) has not subsequently been granted admission to, or leave to enter or remain in, the United Kingdom or any of the Islands; ” . Kevin Foster Parliamentary Under Secretary of State Home Office 20th May 2021 EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Immigration (Control of Entry through Republic of Ireland) Order 1972 ( S.I. 1972/1610 ) (“the 1972 Order”) in respect of persons who require leave to enter or remain in the United Kingdom, have left the United Kingdom in circumstances where they did not have such leave and who have not subsequently been granted admission to, or leave to enter or remain in, the United Kingdom or any of the Islands (“the Islands” is defined in section 33(1) of the Immigration Act 1971 (c. 77) to mean the Channel Islands and the Isle of Man). Article … 2 of this instrument amends article 3 of the 1972 Order so that, in respect of travel to the United Kingdom from the Republic of Ireland, such persons are not entitled to benefit from the common travel area principles set out in section 1(3) of the Immigration Act 1971. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. ( 1 ) 1971 c. 77 . ( 2 ) S.I. 1972/1610 , amended by S.I. 1979/730 , 1980/1859 , 1982/1028 , 1985/1854 , 1987/2092 , 2000/1776 , 2014/2475 , 2019/468 , 2020/1213 , 2020/1309","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-d7768a46667ae02e5c60","countryCode":"GB","country":"United Kingdom","title":"Amendment to British Nationality Act regarding Appendix EU","policyEffect":"Children born in the UK on or after July 1, 2021, to parents who subsequently acquire Indefinite Leave to Remain (ILR) under Appendix EU (following an application made before that date) automatically acquire British citizenship.","operativeDate":"2021-07-01","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Children born in the UK on or after July 1, 2021, to parents who subsequently acquire Indefinite Leave to Remain (ILR) under Appendix EU (following an application made before that date) automatically acquire British citizenship.","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2021/743/made","preciseCitation":"legislation.gov.uk. Amendment to British Nationality Act regarding Appendix EU. Effective 2021-07-01.","evidencePassage":"territories. Amendment of the British Nationality Act 1981 2.—(1) The British Nationality Act 1981(2) is amended as follows. (2) In section 1 (acquisition by birth or adoption), in subsections (3), (3A) and (4), after “(1), (1A) or (2)” insert “or section 10A”. (3) After section 10 (registration following renunciation of citizenship of UK and Colonies) insert— Acquisition in connection with immigration rules Appendix EU 10A.—(1) This section applies to a person born in the United Kingdom(3) on or after 1st July 2021 who is not a British citizen on the relevant date by virtue of any other provision of this Act. (2) A person to whom this section applies (“C”) is a British citizen as from the relevant date if conditions 1 to 3 are satisfied in the case of either C’s father or mother (“P”). (3) Condition 1 is that, on or after 1st July 2021, P is granted— (a)UK related indefinite leave under paragraph EU2 of Appendix EU to the UK immigration rules(4); (b)Isle of Man related indefinite leave under paragraph EU2 of Appendix EU to the Isle of Man immigration rules(5), and the date of grant of such leave is referred to in this section as “the relevant date”. (4) Condition 2 is that— (a)P … is granted the leave described in subsection (3)(a) or (b) pursuant to an application made before 1st July 2021, or (b)immediately before 1st July 2021, P would have met the eligibility requirements for— (i)UK related indefinite leave within paragraph EU11 or EU12 of Appendix EU to the UK immigration rules, or (ii)Isle of Man related indefinite leave within paragraph EU11 or EU12 of Appendix EU to the Isle of Man immigration rules, if an application had been made at that time. (5) Condition 3 is that P is ordinarily resident in the United Kingdom on the relevant date. (6) In determining whether … modifications to the Isle of Man. Regulation 2 of these Regulations amends the British Nationality Act 1981 (c. 61) to provide that children born on or after 1st July 2021 to a parent who subsequently acquires indefinite leave to enter or remain in the United Kingdom or the Isle of Man under Appendix EU to the UK or Isle of Man immigration rules automatically acquire British citizenship from the date of grant of such leave if the parent meets certain other conditions. An impact assessment has not been produced for this instrument because no impact, or no significant impact, on the private, voluntary","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-0f56f319bd2cca063d94","countryCode":"GB","country":"United Kingdom","title":"Mandatory Digital Right to Work Checks Framework for EEA/Swiss Nationals","policyEffect":"Ended the acceptance of EEA/Swiss passports and national identity cards as evidence of the right to work in the UK. Employers must perform online right to work checks using the Home Office online service (via share codes) or check physical immigration documents under the points-based immigration system. Retrospective checks on employees hired before 1 July 2021 are not required.","operativeDate":"2021-07-01","year":2021,"affectedGroup":"Employers / eea and swiss workers","materialConditionsAndExceptions":"Validated condition or limit: Employers must perform online right to work checks using the Home Office online service (via share codes) or check physical immigration documents under the points-based immigration system.; Retrospective checks on employees hired before 1 July 2021 are not required.","policyCategory":"Enforcement / employer sanctions","policyTool":"Not stated","sourceName":"Home Office","sourceUrl":"https://www.gov.uk/government/publications/right-to-work-checks-employers-guide","preciseCitation":"Home Office, An employer's guide to right to work checks, S1.7–S1.8.","evidencePassage":"IDSPs) regarding the use of digital identity verification. 17 December 2021 Updated guide to highlight changes for EEA Citizens and non-EEA family members without lawful immigration status after 30 June 2021, and added Annex E describing changes for biometric card holders. 31 August 2021 Changes to the way those with outstanding applications to the EUSS evidence their right to work and changes to the lists of acceptable documents: a) removal of duplication from list B, group 1, no.5; b) amendment to list B, group 2, no.2 c) addition at list B, group 2, no.5. Extension to the COVID-19 temporary … adjusted right to work checking process. 2 July 2021 Guidance updated with changes to the acceptable document list. Amendments also made to the section on ‘Outstanding UK EU Settlement Scheme applications made up to and including 30 June 2021’ and ‘EEA citizens without lawful immigration status after 30 June’. 18 June 2021 Guidance updated with changes to the way EEA citizens evidence their right to work. 17 March 2021 Updated to provide further guidance for employers on right to work checks for EEA and Swiss nationals during the grace period (1 January to 30 June 2021). 21 December 2020 Updated … work checks: an employer's guide. S1.6. You must stop employing the person if you become aware that their EUSS application has been refused and any application for an administrative review of, or an appeal against, that decision is unsuccessful (and they are otherwise unable to evidence their right to work). EU, EEA and Swiss nationals who started working for you before 1 July 2021 S1.7. You can continue to employ an EU, an EEA or a Swiss national without sponsoring them if they started working for you on or before 30 June 2021, have been employed by you continuously since then and you carried out a right to work check before that date in line with the legislation and published guidance in force at the time you made the check. S1.8. You do not have to carry out a retrospective right to work check on such individuals. You will maintain a continuous statutory excuse against liability for a civil penalty if the initial checks were undertaken in line with the guidance that applied at the time you made the check. S1.9. If, however, you subsequently become aware that a person you are employing in the above circumstances has not yet applied for status under the EUSS, and does not otherwise","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-895d039f681d106c6d93","countryCode":"GB","country":"United Kingdom","title":"Mandatory Right to Rent Verification Framework for EEA/Swiss Nationals","policyEffect":"Ended the reliance on EEA passports or national ID cards to establish an unlimited right to rent residential accommodation in England. Landlords and letting agents are required to verify the tenant's legal status via the Home Office online Right to Rent service (eVisa / share code) or appropriate points-based immigration status documentation.","operativeDate":"2021-07-01","year":2021,"affectedGroup":"Landlords / eea and swiss tenants","materialConditionsAndExceptions":"Validated condition or limit: Landlords and letting agents are required to verify the tenant's legal status via the Home Office online Right to Rent service (eVisa / share code) or appropriate points-based immigration status documentation.","policyCategory":"Internal enforcement / housing checks","policyTool":"Not stated","sourceName":"Home Office","sourceUrl":"https://www.gov.uk/government/publications/landlords-guide-to-right-to-rent-checks","preciseCitation":"Home Office, Landlord's guide to right to rent checks, Section: Key Information.","evidencePassage":"rent checks published. 2 July 2021 Added to page - new version of document showing rules that apply from 1 July 2021. 18 June 2021 Guidance updated to align with the UK leaving EU, with changes to the way EEA citizens will prove their right to rent. 25 November 2020 Updated guidance. 2 November 2020 First published. Sign up for emails or print this page Get emails about this page Print this page Related content Collection Landlords: immigration right to rent checks Explore the topic Right to rent in the UK Is this page useful? Maybe Yes this page is useful No this page is not useful Thank you","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-a0d59cd42997bf03715d","countryCode":"GB","country":"United Kingdom","title":"Setting of Graduate Route Application Fees and Fee Caps","policyEffect":"Set statutory fee levels and maximum caps for the newly established Graduate immigration route (effective 1 July 2021).","operativeDate":"2021-07-01","year":2021,"affectedGroup":"Graduates / post-study workers","materialConditionsAndExceptions":"Validated condition or limit: Set statutory fee levels and maximum caps for the newly established Graduate immigration route (effective 1 July 2021).","policyCategory":"Fees","policyTool":"Fee schedule setting","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2021/768/contents/made","preciseCitation":"The Immigration and Nationality (Fees) (Amendment) Order 2021 (S.I. 2021/768).","evidencePassage":"is specified in” insert “1.3C.1, 1.3C.2,”. 5. —(1) Schedule 2 (applications for leave to remain in the United Kingdom) is amended as follows. (2) In paragraph 2(5) for “where Table 7 does not apply” substitute “where the fees specified in 6.2C.1 or 6.2C.2 of Table 6 or in Table 7 do not apply”. (3) In Table 6 (fees for applications for limited leave to remain in the United Kingdom and connected applications)— (a) after 6.2.6F insert— “ 6.2.6G Application for limited leave to remain in the United Kingdom under Appendix Graduate to the immigration rules ( 6 ) , other than as the dependant partner or dependant child of a Graduate. £700 ” (b) for 6.2C, 6.2C.1 and 6.2C.2 substitute— “ 6.2C Fees for applications for limited leave to remain in the United Kingdom under Appendix Hong Kong British National (Overseas) to the immigration rules 6.2C.1 Application for limited leave to remain in the United Kingdom for a period of thirty months under Appendix Hong Kong British National (Overseas) to the immigration rules. £180 6.2C.2 Application for limited leave to remain in the United Kingdom for a period of five years under Appendix Hong Kong British National (Overseas) to the immigration rules","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-f2fe7c83dcbb32da7f63","countryCode":"GB","country":"United Kingdom","title":"Commencement of Mandatory Electronic Monitoring Conditions for Foreign National Offenders on Bail","policyEffect":"Commenced Schedule 10 provisions of the Immigration Act 2016, imposing a mandatory duty to require electronic monitoring on immigration bail for individuals subject to deportation orders or proceedings.","operativeDate":"2021-08-31","year":2021,"affectedGroup":"Foreign national offenders subject to deportation","materialConditionsAndExceptions":"Validated condition or limit: Commenced Schedule 10 provisions of the Immigration Act 2016, imposing a mandatory duty to require electronic monitoring on immigration bail for individuals subject to deportation orders or proceedings.","policyCategory":"Enforcement / deportation","policyTool":"Electronic monitoring / immigration bail","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2021/939/contents/made","preciseCitation":"The Immigration Act 2016 (Commencement and Transitional Provisions No. 1) (England and Wales) Regulations 2021 (S.I. 2021/939).","evidencePassage":"extend to England and Wales. Provisions coming into force on 31st August 2021 2. The day appointed for the coming into force of the following provisions of the 2016 Act is 31st August 2021— (a)section 61(1) and (2) (immigration bail) insofar as it relates to the provisions of Schedule 10 referred to in sub-paragraph (b); and (b)Schedule 10 (immigration bail) to the extent not already commenced. Transitional provisions 3. The Schedule to these Regulations, which contains transitional provisions, has effect. Chris Philp Parliamentary Under-Secretary of State Home Office 12th August 2021 Regulation … Schedule 10 which are not already in force and sections 61(1) and (2) of the 2016 Act insofar as they relate to those provisions. These provisions relate to the duty to impose electronic monitoring conditions on those granted or on immigration bail who are subject to deportation. Regulation 2 contains provisions commencing the following provisions of Schedule 10: sub-paragraphs (2), (3) and (5) to (10) of paragraph 2 (the duty to impose an electronic monitoring condition on those granted immigration bail on or after 31 August 2021 who are liable for detention pending deportation); paragraph 7 (removal","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-2ad867028f8bfe753282","countryCode":"GB","country":"United Kingdom","title":"Phasing Out Acceptance of EU/EEA National ID Cards at the Border","policyEffect":"Ceased accepting national identity cards as valid travel documentation for entry into the UK for most EU, EEA, and Swiss citizens (excepting those protected under the Withdrawal Agreement / EUSS).","operativeDate":"2021-10-01","year":2021,"affectedGroup":"Eu/eea/swiss citizens","materialConditionsAndExceptions":"","policyCategory":"Border control / documentation","policyTool":"Travel document restriction","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-617-10-september-2021","preciseCitation":"Statement of Changes in Immigration Rules: HC 617.","evidencePassage":"use their national identity card indefinitely to enter the UK. 7.8 From 1 January 2021, the Government has implemented a single global immigration system which applies to nationals of all countries, except the UK and Ireland and the citizens’ rights cohort. Inconsistency in the design and security features of identity cards gives rise to document security risks, and the need for manual processing increases border queues. Therefore, the Government announced in October 2020 that EEA citizens outside of the citizens’ rights cohort will, like other nationalities, need, from 1 October 2021, a passport to demonstrate nationality and identity at the UK border, rather than a national identity card. 3 The UK-EU withdrawal agreement, the separation agreement with the EEA EFTA states (Norway, Iceland and Liechtenstein) and the Swiss citizens’ rights agreement. 4 “The Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man”. 3 Changes to provide further support to Afghan Locally Employed Staff (LES) 7.9 To reflect the changing security situation in Afghanistan, we are enabling current and former Afghan LES and their family members who are outside Afghanistan to relocate to the United","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp-56090add21a4a85e9873","countryCode":"GB","country":"United Kingdom","title":"Replacement of T2 Sportsperson route with new sponsorship frameworks","policyEffect":"Legislation abolished the T2 Sportsperson route, establishing revised fee structures, registration thresholds, and compliance structures for the new International Sportsperson and Creative Worker routes.","operativeDate":"2021-10-11","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Legislation abolished the T2 Sportsperson route, establishing revised fee structures, registration thresholds, and compliance structures for the new International Sportsperson and Creative Worker routes.","policyCategory":"Other","policyTool":"New pathway","sourceName":"The Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021","sourceUrl":"https://www.legislation.gov.uk/uksi/2021/1035/made","preciseCitation":"The Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021. Replacement of T2 Sportsperson route with new sponsorship frameworks. Effective 2021-10-06.","evidencePassage":"on Nationality The Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021 Made 13th September 2021 Laid before Parliament 15th September 2021 Coming into force Regulations 2 and 5, Schedule 1 and paragraphs 4(2), (3) and (5), 5(2), (3), (4)(a) and (5) and 7 of Schedule 2 at 9.00 a.m. on 11th October 2021 Paragraph 4(4)(b) of Schedule 2 18th October 2021 Regulation 4 and Schedule 3 26th February 2022 Remainder 6th October 2021 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 84(4)(d) and 166(3)(b) of … agraph (1)— (i)for the definition of “worker migrant” substitute— ““worker migrant” means a migrant who— (a) made an application for entry clearance or leave to remain under Appendix T2 Sportsperson to the immigration rules(8), other than as a dependent partner or dependent child on the T2 Sportsperson route under that Appendix, which had not been determined immediately before 9.00 a.m. on 11th October 2021, (b) has been granted entry clearance or leave to remain under Appendix T2 Sportsperson to the immigration rules, other than as a dependent partner or dependent child on the T2 Sportsperson … route under that Appendix, or (c) makes an application for, or has been granted, entry clearance or leave to remain under— (i) Appendix Skilled Worker to the immigration rules, other than as the dependent partner or dependent child of a Skilled Worker, (ii) Appendix Intra-Company Routes to the immigration rules, other than as a dependent partner or dependent child on the Intra-Company Transfer route or the Intra-Company Graduate Trainee route under that Appendix, (iii) Appendix T2 Minister of Religion to the immigration rules, other than as a dependent partner or dependent child on the T2 Min … ister of Religion route under that Appendix, or (iv) Appendix International Sportsperson to the immigration rules(9), other than as the dependent partner or dependent child of an International Sportsperson;”; (ii)in the definition of “worker sponsor” for “Appendix T2 Sportsperson” substitute “Appendix International Sportsperson”; (b)in paragraph (2)— (i)after “the dependant partner or dependant child” in both places it occurs insert “, or the dependent partner or dependent child,”; (ii)after “a dependant partner or dependant child” in both places it occurs insert “, or a dependent partner or d … d column— (i)after paragraph (b) insert “or”; (ii)omit paragraph (d) and the “or” preceding it; (b)for 1.3.6F substitute— “1.3.6F Application for entry clearance under— (a) Appendix Temporary Work – Seasonal Worker to the immigration rules, (b) Appendix Youth Mobility Scheme to those rules, (c) Appendix Temporary Work – Religious Worker to those rules, other than as a dependent partner or dependent child of a Religious Worker, (d) Appendix Temporary Work – Charity Worker to those rules, other than as a dependent partner or dependent child of a Charity Worker, (e) Appendix Temporary Work – Crea … tive Worker to those rules, other than as a dependent partner or dependent child of a Creative Worker, (f) Appendix Temporary Work – International Agreement to those rules, other than as a dependent partner or dependent child on the International Agreement route under that Appendix, or (g) Appendix Temporary Work – Government Authorised Exchange to those rules, other than as a dependent partner or dependent child on the Government Authorised Exchange route under that Appendix(10). £244” (c)after 1.3.6F insert— “1.3.6GApplication for entry clearance under Appendix International Sportsperson to … in the United Kingdom and connected applications)— (a)in 6.2.6A in the second column— (i)after paragraph (b) insert “or”; (ii)omit paragraph (d) and the “or” preceding it; (b)for 6.2.6F substitute— “6.2.6F Application for limited leave to remain in the United Kingdom under— (a) Appendix Temporary Work – Religious Worker to the immigration rules, other than as a dependent partner or dependent child of a Religious Worker, (b) Appendix Temporary Work – Charity Worker to those rules, other than as a dependent partner or dependent child of a Charity Worker, (c) Appendix Temporary Work – Creative Wo … rker to those rules, other than as a dependent partner or dependent child of a Creative Worker, (d) Appendix Temporary Work – International Agreement to those rules, other than as a dependent partner or dependent child on the International Agreement route under that Appendix, or (e) Appendix Temporary Work – Government Authorised Exchange to those rules, other than as a dependent partner or dependent child on the Government Authorised Exchange route under that Appendix. £244” (c)after 6.2.6G insert— “6.2.6HApplication for limited leave to remain in the United Kingdom under Appendix Internation … the reuse of a person’s biometric information in connection with an application where a record of any of that person’s biometric information is also taken for the purposes of that application.Fees 12.2.1, 12.2.2 and 12.2.4” 7.—(1) Schedule 4 (sponsorship) is amended as follows. (2) In paragraph 1— (a)in the definition of “temporary workers”, for paragraphs (a) to (g) substitute— “(a)Appendix Temporary Work – Seasonal Worker to the immigration rules, (b)Appendix Youth Mobility Scheme to those rules, (c)Appendix Temporary Work – Religious Worker to those rules, (d)Appendix Temporary Work – Char","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-566deb5685aaec63193e","countryCode":"GB","country":"United Kingdom","title":"Temporary Seasonal Worker expansion to poultry and food-goods haulage","policyEffect":"At 16:00 UK local time on 11 October 2021, CP 542 expanded the existing Seasonal Worker route beyond edible horticulture to specified poultry-production jobs and food-goods haulage driving. The recorded calendar date is 11 October 2021; it is not a 16:00 UTC timestamp. Applications made before the commencement time remain decided under the preceding Rules. For poultry, applications must be made by 15 November 2021 and permission ends on 31 December 2021. Eligible roles are butcher (5431); bird/game dresser, killer and plucker, plucker, poulterer, poultry processor, poultry sticker and trusser (5433); food operative (8111); poultry catcher/handler (9111); poultry vaccinator (9119); and poultry meat packer (9134). For haulage, applications must be made by 1 December 2021 and permission ends on 28 February 2022; the job must be a large goods vehicle driver (8211) involving transportation of food goods. These periods do not replace the horticulture limit: that branch remains the shorter of the sponsored job period plus14 days before and after, or six months in any12-month period. Applicants must be at least18, apply for and obtain Seasonal Worker entry clearance before arrival, use the prescribed online application, pay the required fee, provide required biometrics and a satisfactory passport or travel document, and hold a Certificate of Sponsorship issued no more than three months before application. The certificate must identify the applicant, Seasonal Worker sponsorship, job and salary, and a start date no more than three months after application; it must not have been withdrawn or cancelled, or used in a previously granted or refused application, although a prior invalid, void or withdrawn application does not bar reuse. It must confirm compliance with relevant wage, agricultural-wage and working-time legislation and specify an eligible sector/role. The sponsor must be A-rated on the licensed-sponsor register, endorsed by Defra for the Seasonal Worker route and licensed by the Gangmasters and Labour Abuse Authority. The applicant must either hold at least£1,270 for28 days under Appendix Finance or have an A-rated sponsor certify maintenance and accommodation, if needed, through the first month of employment for at least£1,270. Part9 refusal grounds still apply. Grants prohibit public funds and restrict work to the sponsored role; study is allowed subject to ATAS, and police registration applies where Part10 requires it. The existing route's coordinated temporary sector expansion is retained as one record, with both sectors and their different deadlines preserved. Later2022 poultry changes are separate and are not counted here.","operativeDate":"2021-10-11","year":2021,"affectedGroup":"Seasonal / temporary workers","materialConditionsAndExceptions":"Validated condition or limit: Applications made before the commencement time remain decided under the preceding Rules.; For poultry, applications must be made by 15 November 2021 and permission ends on 31 December 2021.; Eligible roles are butcher (5431); For haulage, applications must be made by 1 December 2021 and permission ends on 28 February 2022; the job must be a large goods vehicle driver (8211) involving transportation of food goods.; These periods do not replace the horticulture limit: that branch remains the shorter of the sponsored job period plus14 days before and after, or six months in any12-month period.; Applicants must be at least18, apply for and obtain Seasonal Worker entry clearance before arrival, use the prescribed online application, pay the required fee, provide required biometrics and a satisfactory passport or travel document, and hold a Certificate of Sponsorship issued no more than…","policyCategory":"Low-skilled / seasonal labour migration","policyTool":"Sectoral temporary work permits","sourceName":"Home Office: complete original Statements of Changes and official historical Rules","sourceUrl":"https://assets.publishing.service.gov.uk/media/61606e76d3bf7f55fbc3aa65/e02679313-immigration-rules-changes-cp-542-web-accessible.pdf","preciseCitation":"Home Office, Statement of changes to the Immigration Rules: CP 542, 11 October 2021.; UK Home Office, Statement of Changes to the Immigration Rules: CP 542, 11 October 2021.","evidencePassage":"Statement of changes in Immigration Rules Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty October 2021 (This document is accompanied by an Explanatory Memorandum) CP 542 © Crown copyright 2021 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open- government-licence/version/3 Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Queries should be directed to the Home Office as per the ‘Contact UKVI’ section on the visas and immigration pages of the GOV.UK website at https://www.gov.uk/government/organisations/uk- visas-and-immigration. Specific written queries relating to this Statement of Changes should be directed to StatementofChanges@homeoffice.gov.uk. Please note that this mailbox is only for Parliamentary use and specific technical queries regarding the drafting of this Statement of Changes. It is not a contact point for general enquiries. Queries to this e-mail address from outside Parliament about other immigration issues, including how these changes affect applications, will not receive a response. A copy of this Statement of Changes can be found at www.gov.uk/official-documents and also on the visas and immigration pages of the GOV.UK website at www.gov.uk/government/collections/immigration-rules-statement-of-changes ISBN 978-1-5286-2932-4 E02679313 10/21 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by HH Associates Ltd. on behalf of the Controller of Her Majesty’s Stationery Office 1STATEMENT OF CHANGES IN IMMIGRATION RULES The Home Secretary has made the changes hereinafter stated in the rules laid down by them as to the practice to be followed in the administration of the Immigration Acts for regulating entry into and the stay of persons in the United Kingdom and contained in the statement laid before Parliament on 23 May 1994 (HC 395) as amended. The amending statements were laid before, or presented to, Parliament on 20 September 1994 (Cm 2663), 26 October 1995 (HC 797), 4 January 1996 (Cm 3073), 7 March 1996 (HC 274), 2 April 1996 (HC 329), 29 August 1996 (Cm 3365), 31 October 1996 (HC 31), 27 February 1997 (HC 338), 29 May 1997 (Cm 3669), 5 June 1997 (HC 26), 30 July 1997 (HC 161), 11 May 1998 (Cm 3953), 7 October 1998 (Cm 4065), 18 November 1999 (HC 22), 28 July 2000 (HC 704), 20 September 2000 (Cm 4851), 28 August 2001 (Cm 5253), 16 April 2002 (HC 735), 27 August 2002 (Cm 5597), 7 November 2002 (HC 1301), 26 November 2002 (HC 104), 8 January 2003 (HC 180), 10 February 2003 (HC 389), 31 March 2003 (HC 538), 30 May 2003 (Cm 5829), 24 August 2003 (Cm 5949), 12 November 2003 (HC 1224), 17 December 2003 (HC 95), 12 January 2004 (HC 176), 26 February 2004 (HC 370), 31 March 2004 (HC 464), 29 April 2004 (HC 523), 3 August 2004 (Cm 6297), 24 … (Cm 6339), 18 October 2004 (HC 1112), 20 December 2004 (HC 164), 11 January 2005 (HC 194), 7 February 2005 (HC 302), 22 February 2005 (HC 346), 24 March 2005 (HC 486), 15 June 2005 (HC 104), 12 July 2005 (HC 299), 24 October 2005 (HC 582), 9 November 2005 (HC 645), 21 November 2005 (HC 697), 19 December 2005 (HC 769), 23 January 2006 (HC 819), 1 March 2006 (HC 949), 30 March 2006 (HC 1016), 20 April 2006 (HC 1053), 19 July 2006 (HC 1337), 18 September 2006 (Cm 6918), 7 November 2006 (HC 1702), 11 December 2006 (HC 130), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), 24 April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120), 10 February 2010 (HC 367), 18 March 2010 (HC 439), 28 June 2010 (HC 59), 15 July 2010 (HC 96), 22 July 2010 (HC 382), 19 August 2010 (Cm 7929), 1 October 2010 (Cm 7944), 21 December 2010 (HC 698), 16 March 2011 (HC 863), 31 March 2011 (HC 908), 13 June 2011 (HC 1148), 19 July 2011 (HC 1436), 10 October 2011 (HC 1511), 7 November 2011 (HC 1622), 8 December 2011 (HC 1693), 20 December 2011 (HC 1719), 19 January 2012 (HC 1733), 15 March 2012 (HC 1888), 4 April 2012 (Cm 8337), 13 June 2012 (HC 194), 9 July 2012 (HC 514), 19 July 2012 (Cm 8423), 5 September 2012 (HC 565), 22 November 2012 (HC 760), 12 December 2012 (HC 820), 20 December 2012 (HC 847), 30 January 2013 (HC 943), 7 February 2013 (HC 967), 11 March 2013 (HC 1038), 14 March 2013 (HC 1039), 9 April 2013 (Cm 8599), 10 June 2013 (HC 244), 31 July 2013 (Cm 8690), 6 September 2013 (HC 628), 9 October 2013 (HC 686), 8 November 2013 (HC 803), 9 December 2013 (HC 887), 10 December 2013 (HC 901), 18 December 2013 (HC 938), 10 March 2014 1 This Statement of Changes can be viewed at https://www.gov.uk/government/collections/immigration-rules-statement-of-changes Page 1 of 4 (HC 1130), 13 March 2014 (HC 1138), 1 April 2014 (HC 1201), 10 June 2014 (HC 198), 10 July 2014 (HC 532), 16 October 2014 (HC 693), 26 February 2015 (HC 1025), 16 March 2015 (HC1116), 13 July 2015 (HC 297), 17 September 2015 (HC 437), 29 October 2015 (HC535), 11 March 2016 (HC 877), 3 November 2016 (HC 667), 16 March 2017 (HC 1078), 20 July 2017 (HC 290), 7 December 2017 (HC 309), 15 March 2018 (HC 895), 15 June 2018 (HC 1154), 20 July 2018 (Cm 9675), 11 October 2018 (HC 1534), 11 December 2018 (HC 1779), 20 December 2018 (HC 1849), 7 March 2019 (HC 1919), 1 April 2019 (HC 2099), 9 September 2019 (HC 2631), 24 October 2019 (HC 170), 30 January 2020 (HC 56), 12 March 2020 (HC 120), 14 May 2020 (CP 232), 10 September 2020 (HC 707), 22 October 2020 (HC 813), 10 December 2020 (HC 1043), 31 December 2020 (CP 361), 4 March 2021 (HC 1248) and 10 September 2021 (HC 617). Thes","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-8a152bf5a2961207bee0","countryCode":"GB","country":"United Kingdom","title":"Improved Access to Legal Advice in Detention","policyEffect":"Amendments to the immigration and asylum category specification allowing 30 minutes of initial advice to be available to immigration detainees held in prisons without reference to means or merits.","operativeDate":"2021-11-01","year":2021,"affectedGroup":"Immigration detainees held in prisons","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"Other","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/news/civil-news-immigration-and-asylum-advice-in-prisons","preciseCitation":"","evidencePassage":"The changes will allow 30 minutes of initial advice to be available to immigration detainees held in prisons without reference to means or merits. … Contract amendments will apply from 1 November 2021.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-859e558548746fef75e9","countryCode":"GB","country":"United Kingdom","title":"Swiss Professional Qualification Equivalence Recognition under Temporary Work Guidance","policyEffect":"Issued caseworker guidance confirming that under the Temporary Work – International Agreement route (for Contractual Service Suppliers and Independent Professionals), the Swiss Höhere Fachschuldiplom (Swiss Higher Technical College Diploma) is formally recognized as meeting the university degree/equivalent technical qualification requirement.","operativeDate":"2021-12-23","year":2021,"affectedGroup":"Swiss contractual service suppliers and independent professionals","materialConditionsAndExceptions":"Validated condition or limit: Issued caseworker guidance confirming that under the Temporary Work – International Agreement route (for Contractual Service Suppliers and Independent Professionals), the Swiss Höhere Fachschuldiplom (Swiss Higher Technical College Diploma) is formally recognized as meeting the university degree/equivalent technical qualification requirement.","policyCategory":"Bilateral trade & services mobility / qualification recognition","policyTool":"Caseworker guidance","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/temporary-work-caseworker-guidance","preciseCitation":"UK Visas and Immigration, Temporary Work: caseworker guidance, 23 December 2021.","evidencePassage":"Guidance has been updated to reflect that, for the purposes of the Temporary Work – International Agreement route Contractual Service Supplier and Independent Professional eligibility requirements, applicants who show they have a Swiss Hohere Fachschuldiplom (Swiss Higher Technical College Diploma) meet the requirement to show they have a university degree or equivalent technical qualification.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-cb3085ce94d74bb5d390","countryCode":"GB","country":"United Kingdom","title":"Addition of Social Care and Care Workers to Health and Care Visa & Shortage Occupation List","policyEffect":"Adds care workers and home carers (SOC code 6145) to the Shortage Occupation List and makes them eligible under the Skilled Worker / Health and Care Visa route, lowering the salary threshold to £20,480 (or £10.10 per hour) to address severe adult social care sector shortages.","operativeDate":"2022-02-15","year":2022,"affectedGroup":"Care workers / skilled workers","materialConditionsAndExceptions":"Validated condition or limit: Adds care workers and home carers (SOC code 6145) to the Shortage Occupation List and makes them eligible under the Skilled Worker / Health and Care Visa route, lowering the salary threshold to £20,480 (or £10.10 per hour) to address severe adult social care sector shortages.","policyCategory":"Labor migration","policyTool":"Shortage occupation list / points-based eligibility","sourceName":"UK Home Office / UK Parliament","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1019-24-january-2022","preciseCitation":"Statement of Changes in Immigration Rules: HC 1019","evidencePassage":"stories, speeches, letters and notices Guidance and regulation Detailed guidance, regulations and rules Research and statistics Reports, analysis and official statistics Policy papers and consultations Consultations and strategy Transparency Data, Freedom of Information releases and corporate reports Search GOV.UK × Search GOV.UK Search Search GOV.UK Search Home Government Statement of changes to the Immigration Rules: HC 1019, 24 January 2022 Home Office UK Visas and Immigration Policy paper Explanatory memorandum to the Statement of Changes in Immigration Rules HC 1019 (accessible version) Published … Introduction 1.1 This Explanatory Memorandum has been prepared by the Home Office and is laid before Parliament by Command of Her Majesty. 2. Purpose of the instrument 2.1 This instrument amends the Immigration Rules, made under the provisions of Section 1(4) and Section 3(2) in the Immigration Act 1971, that are used to regulate people’s entry to, and stay in, the United Kingdom. 2.2 The changes being made add care workers to the Shortage Occupation List, and make the role eligible for the Skilled Worker route, disapplying the usual requirement that a role must be skilled to at least Regulated Qualification … List. These changes make care workers eligible to be sponsored in the Skilled Worker route and add them to the Shortage Occupation List, following a recommendation by the independent Migration Advisory Committee (MAC). 7.2 A key existing requirement of the Skilled Worker route is the job offer must be one which involves duties and responsibilities involving skills equivalent to RQF level 3, broadly equivalent to a level of skills obtained through A-levels or Scottish Highers. Applicants do not need to hold a formal qualification; it is the skill level of the job they will be doing which determines whether the threshold is met. These changes disapply this skills threshold for care workers, thus allowing them to qualify for the route. 7.3 These changes are aimed at helping to alleviate current pressures on the health and social care system as a result of Covid-19. 7.4 Sponsors offering jobs in shortage occupations must offer applicants a salary at least equal to whichever is the highest of: £20,480 per year £10.10 per hour 80% of the going rate for the occupation code, as listed in Appendix Skilled Occupations As the third requirement is lower than the other two requirements for care … , 1 November (HC 803) and 14 December 2021 (HC 913). Implementation The changes in this Statement shall take effect on 15 February 2022. However, if an application for entry clearance, permission to enter or permission to stay has been made before 15 February 2022, such applications will be decided in accordance with the Immigration Rules in force on 14 February 2022. Review Before the end of each review period, the Secretary of State undertakes to review all of the relevant Immigration Rules including any Relevant Rule amended or added by these changes. The Secretary of State will set out the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-608804574f5464295f1c","countryCode":"GB","country":"United Kingdom","title":"Immediate Closure of the Tier 1 (Investor) Visa Route (CP 632)","policyEffect":"Immediate permanent closure of the Tier 1 (Investor) Migrant route to new initial applicants. Existing route holders or those who had such leave within the last 12 months may apply to extend their stay before 17 February 2026, or for indefinite leave to remain before 17 February 2028, with entry clearance and leave to remain granted for 2 years where applicable.","operativeDate":"2022-02-17","year":2022,"affectedGroup":"Tier 1 (investor) migrants and applicants","materialConditionsAndExceptions":"Validated condition or limit: Existing route holders or those who had such leave within the last 12 months may apply to extend their stay before 17 February 2026, or for indefinite leave to remain before 17 February 2028, with entry clearance and leave to remain granted for 2 years where applicable.","policyCategory":"Labour migration / high net worth investors","policyTool":"Route closure","sourceName":"Home Office (GOV.UK)","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-cp-632-17-february-2022/statement-of-changes-to-the-immigration-rules-cp-632-17-february-2022-accessible-version","preciseCitation":"Statement of Changes in Immigration Rules: CP 632 (17 February 2022).","evidencePassage":"This route is now closed to new applicants. Individuals who already have entry clearance, leave to enter or remain as a Tier 1 (Investor) Migrant may apply under these rules to extend their stay or for indefinite leave to remain. … The applicant must have leave as a Tier 1 (Investor) Migrant on, or must have had such leave within the last 12 months immediately before, the date of application. … The application must be made before 17th February 2026. … The application must be made before 17th February 2028.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d02c9943c6430a52b088","countryCode":"GB","country":"United Kingdom","title":"United Kingdom removes European Social Charter work-visa fee concessions","policyEffect":"From February 26, 2022, regulation 4 and Schedule 3 of SI 2021/1035 removed the CESC-national fee concessions from the Immigration and Nationality (Fees) Regulations 2018. The concessions had provided a £55 reduction for eligible main applicants on work-visa routes and waived applicable Certificate of Sponsorship fees for their sponsors. Schedule 3 removed the CESC definition, the relevant UK entry-clearance and leave-to-remain reductions, the CESC exceptions in Certificate of Sponsorship fee entries 14.4.1, 14.4.1A, 14.4.1B and 14.4.3, and the corresponding Isle of Man entry-clearance reduction. Other fee reductions and exceptions were not abolished by this CESC-specific repeal. The Isle of Man’s domestic leave-to-remain and Certificate of Sponsorship changes were outside this instrument. This record covers the February 2022 concession repeal, separately from the instrument’s October 2021 sportsperson and other fee changes; it does not assert a uniform £199 sponsorship charge or a fixed list of 26 countries.","operativeDate":"2022-02-26","year":2022,"affectedGroup":"Eligible main work-visa applicants formerly covered as cesc nationals and their sponsors","materialConditionsAndExceptions":"Validated condition or limit: From February 26, 2022, regulation 4 and Schedule 3 of SI 2021/1035 removed the CESC-national fee concessions from the Immigration and Nationality (Fees) Regulations 2018.; The concessions had provided a £55 reduction for eligible main applicants on work-visa routes and waived applicable Certificate of Sponsorship fees for their sponsors.; Schedule 3 removed the CESC definition, the relevant UK entry-clearance and leave-to-remain reductions, the CESC exceptions in Certificate of Sponsorship fee entries 14.4.1, 14.4.1A, 14.4.1B and 14.4.3, and the corresponding Isle of Man entry-clearance reduction.; Other fee reductions and exceptions were not abolished by this CESC-specific repeal.; This record covers the February 2022 concession repeal, separately from the instrument’s October 2021 sportsperson and other fee changes","policyCategory":"Visa and sponsorship fees","policyTool":"Repeal of nationality-based fee concessions","sourceName":"The National Archives, legislation.gov.uk","sourceUrl":"https://www.legislation.gov.uk/uksi/2021/1035/pdfs/uksi_20211035_en.pdf","preciseCitation":"Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021, SI 2021/1035, regulation 1(5), regulation 4 and Schedule 3; Explanatory Memorandum paragraphs 6.7 and 7.10–7.12.","evidencePassage":"STATUTORY INSTRUMENTS 2021 No. 1035 IMMIGRATION NATIONALITY The Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021 Made - - - - 13th September 2021 Laid before Parliament 15th September 2021 Coming into force Regulations 2 and 5, Schedule 1 and paragraphs 4(2), (3) and (5), 5(2), (3), (4)(a) and (5) and 7 of Schedule 2 at 9.00 a.m. on 11th October 2021 Paragraph 4(4)(b) of Schedule 2 18th October 2021 Regulation 4 and Schedule 3 26th February 2022 Remainder 6th October 2021 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 84(4)(d) and 166(3)(b) of the Immigration and Asylum Act 1999(a) and sections 68(1), (7), (8), (10)(a) and (b), 69(2) and 74(8)(a), (b) and (c) of the Immigration Act 2014(b). So far as these Regulations are made in exercise of powers conferred by the Immigration Act 2014, they are made further to provision in the Immigration and Nationality (Fees) Order 2016(c) and with the consent of the Treasury(d). Citation, commencement and extent 1.—(1) These Regulations may be cited as the Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021. (2) Except as provided by paragraphs (3), (4) and (5), these Regulations come into force on 6th October 2021. (a) 1999 c. 33; section 84(4)(d) was amended by paragraph 2(1)(b) of Schedule 7 to the Immigration Act 2014 (c. 22). (b) 2014 c. 22. Sections 68 to 70 of the Immigration Act 2014 were extended, with modifications, to the Isle of Man by articles 5 to 7 of the Immigration (Isle of Man) (Amendment) Order (S.I. 2015/1765) which inserted new article 22 and new Schedule 9A in the Immigration (Isle of Man) Order 2008 (S.I. 2008/680). Article 22 of and Schedule 9A to S.I. 2008/680 were amended by the Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562). There are other amendments to S.I. 2008/680 not relevant to these Regulations. (c) S.I. 2016/177; relevant amending instruments are S.I. 2018/329, 2021/768. (d) Treasury consent has been obtained pursuant to section 69(1). (3) The following provisions of these Regulations come into force at 9.00 a.m. on 11th October 2021— (a) regulation 2 and Schedule 1; (b) regulation 5; (c) in Schedule 2— (i) paragraph 4(2), (3) and (5); (ii) paragraph 5(2), (3), (4)(a) and (5); (iii) paragraph 7. (4) Paragraph 4(4)(b) of Schedule 2 comes into force on 18th October 2021. (5) Regulation 4 and Schedule 3 come into force on 26th February 2022. (6) The amendments made by these Regulations have the same extent as the provisions that are amended. Amendments to the Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009 2. Schedule 1 contains amendments to the Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009(a). Amendments to the Immigration and Nationality (Fees) Regulations 2018 coming into force in October 2021 3. Schedule … amendments to the Immigration and Nationality (Fees) Regulations 2018(b) coming into force in October 2021 (in accordance with regulation 1(2), (3)(c) and (4)). Further amendments to the Immigration and Nationality (Fees) Regulations 2018 coming into force on 26th February 2022 4. Schedule 3 contains further amendments to the Immigration and Nationality (Fees) Regulations 2018, coming into force on 26th February 2022 (in accordance with regulation 1(5)). Saving of provisions of the Immigration and Nationality (Fees) Regulations 2018 amended by paragraphs 4 and 5 of Schedule 2 5.—(1) Despite its revocation by paragraph 4(3)(a)(ii) of Schedule 2, paragraph (d) in the second column of 1.3.6A in Table 1 in Schedule 1 to the 2018 Regulations continues to have effect, as it had effect immediately before commencement, for the purposes of the provision by paragraph 3 of that Schedule of a fee for an application for entry clearance to enter the United Kingdom made by a dependant of a person who— (a) has entry clearance to enter the United Kingdom granted before commencement under Appendix T2 Sportsperson to the immigration rules, or (b) made an application before commencement for entry clearance to enter the United Kingdom under that Appendix which had not been determined immediately before commencement. (2) Despite its substitution by paragraph 4(3)(b) of Schedule 2, 1.3.6F in Table 1 in Schedule 1 to the 2018 Regulations continues to have effect, as it had effect immediately before commencement, for the purposes of the provision by paragraph 3 that Schedule of a fee for an application for entry clearance to enter the United Kingdom made by a dependant of a person who— (a) S.I. 2009/506, amended by S.I. 2020/966, 2020/1147. (b) S.I. 2018/330, amended by S.I. 2018/618, 2018/875, 2018/999, 2019/475, 2020/77, 2020/294, 2020/736, 2020/942, 2020/966, 2020/1147, 2020/1309, 2021/269, 2021/768. 2 (a) has entry clearance to enter the United Kingdom granted before commencement under any of the Appendices to the immigration rules listed in paragraph (3) of this regulation, or (b) made an application before commencement for entry clearance to enter the United Kingdom under any of those Appendices which had not been determined immediately before commencement. (3) Those Appendices are— (a) Appendix T5 (Temporary Worker) Religious Worker; (b) Appendix T5 (Temporary Worker) Charity Worker; (c) Appendix T5 (Temporary Worker) Creative or Sporting Worker; (d) Appendix T5 (Temporary Worker) International Agreement Worker; (e) Appendix T5 (Temporary Worker) Government Authorised Exchange Worker. (4) Despite its revocation by paragraph 5(3)(a)(ii) of Schedule 2, paragraph (d) in the second column of 6.2.6A in Table 6 in Schedule 2 to the 2018 Regulations continues to have effect, as it had effect immediately before commencement, for the purposes of the provision by paragraph 3 of that Schedule of a fee for an application for limited leave to remain in the United King","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0f7c8eeb5a7592090fe7","countryCode":"GB","country":"United Kingdom","title":"Removal of No Time Limit (NTL) Application Fee","policyEffect":"The £248.20 fee for No Time Limit (NTL) applications, used for upgrading legacy documents to biometric residence permits, was eliminated.","operativeDate":"2022-04-06","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: The £248.20 fee for No Time Limit (NTL) applications, used for upgrading legacy documents to biometric residence permits, was eliminated.","policyCategory":"Residence","policyTool":"Fees","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/news/fee-removed-for-no-time-limit-applications","preciseCitation":"GOV.UK. Removal of No Time Limit (NTL) Application Fee. Effective 2022-04-06.","evidencePassage":"regulation Detailed guidance, regulations and rules Research and statistics Reports, analysis and official statistics Policy papers and consultations Consultations and strategy Transparency Data, Freedom of Information releases and corporate reports Search GOV.UK × Search GOV.UK Search Search GOV.UK Search Home Entering and staying in the UK News story Fee removed for No Time Limit applications From today it will be free for those with indefinite leave to enter or remain in the UK to make a No Time Limit application. From: Home Office Published: 6 April 2022 This was published under the 2019 to 2022 Johnson Conservative government From today (6 April 2022) it will be free for those with indefinite leave to enter or remain in the UK to make a No Time Limit application, the Home Office has announced. A No Time Limit application allows those who have old-style immigration documents or those who have lost them to upgrade to a biometric residence permit (BRP) which can be used to confirm their existing UK immigration status. The cost of making a No Time Limit application was £248.20, which included a £229 application fee and a £19.20 biometric enrolment fee. Holders of a BRP can also prove their","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-fff8010cf223b20150bf","countryCode":"GB","country":"United Kingdom","title":"Use of Identity Document Validation Technology (IDVT) for Digital Right to Work Checks","policyEffect":"Enables employers to use Digital Verification Services (DVS), incorporating Identity Document Validation Technology (IDVT), to complete the digital identity verification element of right to work checks for British and Irish citizens who hold a valid passport (including Irish passport cards), providing a continuous statutory excuse.","operativeDate":"2022-04-06","year":2022,"affectedGroup":"British and irish citizens holding valid passports or irish passport cards, and employers","materialConditionsAndExceptions":"","policyCategory":"Border and internal controls / post-entry rights","policyTool":"Employer & landlord sanctions / verification mechanism","sourceName":"assets.publishing.service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/6878ead80263c35f52e4dd76/26_06_25_Guidance_Right_to_work_checks_-_an_employer_s_guide.pdf","preciseCitation":"https://assets.publishing.service.gov.uk/media/6878ead80263c35f52e4dd76/26_06_25_Guidance_Right_to_work_checks_-_an_employer_s_guide.pdf; https://www.legislation.gov.uk/uksi/2022/242/contents/made","evidencePassage":"Since 6 April 2022, employers have been able to use digital verification services (DVS) to complete the digital identity verification element of right to work checks for British and Irish citizens who hold a valid passport (including Irish passport cards). … The relevant changes to legislation which allowed employers to obtain a statutory excuse using a Digital Verification Service (or ‘DVS’, also referred to in legislation as an IDSP or ‘identity service provider’) came into force from 6 April 2022. … sets out how employers can use a DVS to comply with their responsibilities to conduct digital right to work checks, for holders of valid British and Irish Passports (including Irish passport cards).","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-ef688ea28b9944caaf69","countryCode":"GB","country":"United Kingdom","title":"Ukraine Extension Scheme opens for eligible people already in the UK","policyEffect":"From May 3, 2022, the Ukraine Extension Scheme allowed eligible Ukrainian nationals and qualifying partners or children already in the UK to apply for up to 36 months of permission, with work, study and access to public funds permitted. Applicants ordinarily needed UK permission on March 18, 2022; exceptions covered permission held immediately before January 1 that had since expired, and qualifying children born in the UK after March 18.","operativeDate":"2022-05-03","year":2022,"affectedGroup":"Ukrainian nationals and qualifying partners or children already in the uk","materialConditionsAndExceptions":"Validated condition or limit: From May 3, 2022, the Ukraine Extension Scheme allowed eligible Ukrainian nationals and qualifying partners or children already in the UK to apply for up to 36 months of permission, with work, study and access to public funds permitted.; exceptions covered permission held immediately before January 1 that had since expired, and qualifying children born in the UK after March 18.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1220-29-march-2022/statement-of-changes-to-the-immigration-rules-hc-1220-29-march-2022-accessible-version","preciseCitation":"Original Statement of Changes and accompanying explanatory memorandum","evidencePassage":"ix Ukraine Scheme APP UKRS1. After “Appendix Hong Kong British National (Overseas)”, insert: “Appendix Ukraine Scheme This Appendix sets out 3 routes for those affected by the conflict in Ukraine – the Ukraine Family Scheme, the Homes for Ukraine Sponsorship Scheme and the Ukraine Extension Scheme. Where the applicant is outside the UK: The applicant must have been living in Ukraine immediately before 1 January 2022. A Ukrainian national can qualify under the Ukraine Family Scheme if they are a family member (as defined) of a UK-based sponsor who is a British citizen, person settled in the UK, … ere the applicant is in the UK: The applicant must have immigration permission unless their last permission expired after 1 January 2022. A Ukrainian national can qualify under the Ukraine Extension Scheme if they are in the UK with immigration permission on 18 March 2022 or if their last permission ended after 1 January 2022. This scheme will open on 3 May 2022. A person who has immigration permission as a partner or child of a Ukrainian national who qualifies under the Ukraine Extension Scheme, who is not themselves a Ukrainian national, can also qualify under the Ukraine Extension Scheme. T … 26.1. If the applicant is aged under 18 on the date of application, there must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK legislation and regulations. Decision under the Ukraine Extension Scheme UKR 27.1. If the decision-maker is satisfied that all the suitability and eligibility requirements under the Ukraine Extension Scheme are met, the application will be granted; otherwise, the application will be refused. Period and conditions of grant under the Ukraine Extension Scheme UKR 28.1. The applicant will be granted permission t … o stay for whatever is the shorter of either: (a) 36 months; or (b) a period which would mean the applicant has been granted a maximum of 36 months under the Ukraine Scheme. UKR 28.2. The permission will be granted subject to the following conditions: (a) access to public funds permitted; and (b) work (including self-employment and voluntary work) permitted; and (c) study permitted, subject to the ATAS condition in Appendix ATAS.”. Insertion of new Appendix Relationship with Partner APP RWP1. After Appendix Continuous Residence, insert: “Appendix Relationship with Partner This Appendix sets ou … to 9.4.5 (criminality); or (d) 9.5.1 to 9.5.2 (exclusion from asylum or humanitarian protection); or (e) 9.6.1 to 9.6.2 (involvement in sham marriage or sham civil partnership); or (f) 9.7.1 to 9.7.3 (false representations and deception); or (g) 9.10.1 to 9.10.2 (admissibility to the Common Travel Area or other countries); or (h) 9.14.1 to 9.20.2 and 9.23.1 to 9.24.1 (grounds for refusal and cancellation on arrival). Eligibility requirements for the Ukraine Extension Scheme Nationality requirement for the Ukraine Extension Scheme UKR 23.1. The applicant must be either: (a) a Ukrainian nationa … l; or (b) a person who has or last had permission as: (i) a partner of a Ukrainian national; or (ii) a child of a Ukrainian national; or (c) a child of a Ukrainian national born in the UK after 18 March 2022. Relationship requirement for a partner or child under the Ukraine Extension Scheme UKR 24.1. An applicant who is a partner must meet the requirements in Appendix Relationship with Partner. UKR 24.2. A child born in the UK must provide a full UK birth certificate. Parental consent requirement for a child applying under the Ukraine Extension Scheme UKR 25.1. If the applicant is aged under 1 … 32), 10 September 2020 (HC 707), 22 October 2020 (HC 813), 10 December 2020 (HC 1043), 31 December 2020 (CP 361), 4 March 2021 (HC 1248), 10 September 2021 (HC 617), 11 October 2021 (CP 542), 1 November 2021 (HC 803), 14 December 2021 (HC 913), 24 January 2022 (HC 1019), 17 February 2022 (CP 632) and 15 March 2022 (HC 1118). Implementation These changes shall take effect on 30 March 2022 except the provisions which relate to the Ukraine Extension Scheme, which shall take effect from 3 May 2022. Changes to the Introduction INTRO1. In paragraph 6.2, after the definition of “Approved Sponsor” ins","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-b62862e4b1ffdb79541a","countryCode":"GB","country":"United Kingdom","title":"Imposition of Visitor Visa Regime on Nationals of El Salvador","policyEffect":"Removed visa-free transit and visiting privileges for nationals of El Salvador, making them visa nationals required to hold entry clearance before traveling to the UK.","operativeDate":"2022-05-11","year":2022,"affectedGroup":"Visitors and transit passengers","materialConditionsAndExceptions":"Validated condition or limit: Removed visa-free transit and visiting privileges for nationals of El Salvador, making them visa nationals required to hold entry clearance before traveling to the UK.","policyCategory":"Border control / entry clearance","policyTool":"Visa regime classification (visa national list)","sourceName":"UK Home Office / UK Parliament","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-17-11-may-2022","preciseCitation":"HC 17 (Statement of Changes in Immigration Rules); UK Home Office, Statement of Changes in Immigration Rules: HC 17, 11 May 2022.; Statement of Changes in Immigration Rules: HC 17","evidencePassage":"Explanatory Memorandum has been prepared by the Home Office and is laid before Parliament by Command of Her Majesty. 2. Purpose of the instrument 2.1 This instrument amends the Immigration Rules, made under the provisions of Section 1(4) and Section 3(2) in the Immigration Act 1971, that are used to regulate people’s entry to, and stay in, the United Kingdom. 2.2 The changes being made primarily deliver: a number of amendments as a result of the Nationality and Borders Act 2022, to implement the reformed asylum system. imposing a visa regime on nationals of El Salvador. expansion of the electronic visa waiver (EVW) scheme for nationals of Bahrain and Saudi Arabia. the introduction of a requirement for parental consent when joining a parent or legal guardian in the UK under the Homes for Ukraine Sponsorship Scheme 2.3 This instrument also makes a series of minor changes to other areas detailed (in paragraphs (7.38 and 7.40) in section 7 of this Explanatory Memorandum. 3. Matters of special interest to Parliament Matters of special interest to the Joint Committee on Statutory Instruments 3.1 The changes to impose a visa regime on nationals of El Salvador will come into effect at 1600 … stay in the UK for a child seeking to join their refugee relative (not immediate family member), where the current requirement of the Rules is not satisfied. 7.29 Permission to enter or stay granted as a result of exceptional circumstances will be the same duration as their refugee family member sponsor. Changes to impose a visa regime on nationals of El Salvador. 7.30 Salvadoran nationals have been able to visit the UK without obtaining a visit visa before travel. Salvadorian nationals currently make up the highest number of asylum claims at port amongst non-visa nationals. There were 38 asylum claims made by Salvadoran nationals in 2017. This figure has increased by 1750% to reach 703 in 2021. 7.31 Considering the increasing levels of asylum claims, a visa regime is being imposed on El Salvador. 7.32 This change includes a transition period for Salvadoran nationals travelling to the UK without a visa. This transition period will commence at the same time as the visa regime is imposed on 11 May 2022, until four weeks after the imposition date, on 8 June 2022. During this period, Salvadorians who hold a confirmed booking to the UK made before 16:00 BST on 11 May 2022, and where arrival in the UK is no later than 8 June 2022, will be exempt from the visa requirement. Those booking on or after 12 May, or due to arrive in the UK on or after 9 June will require a visa. 7.33 This transition period will prevent operational difficulties, general unfairness, and ensure that people who arranged travel before this announcement do not lose money. The length of the period (four weeks) has been chosen to give Salvadorans enough time to book and receive a visa. The current service-level agreement for processing times for visit visas is approximately 15 working days. Changes to allow the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-31150b260781ccabd707","countryCode":"GB","country":"United Kingdom","title":"Introduction of the High Potential Individual route","policyEffect":"From 09:00 on May 30, 2022, the High Potential Individual route allowed qualifying recent graduates of universities on the Global Universities List to apply without employer sponsorship. Permission was granted for three years for a PhD or other doctoral qualification and two years for other qualifying degrees. Applicants had to meet the route’s qualification, English-language and financial requirements.","operativeDate":"2022-05-30","year":2022,"affectedGroup":"Qualifying recent graduates of universities on the global universities list","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/6231af2ee90e070ed74005d3/E02724891_-_Immigration_Rules_changes_-_HC_1118__Web_Accessible_.pdf","preciseCitation":"HC 1118, implementation provisions and route appendices; explanatory memorandum","evidencePassage":", in the row for the “W H Pierce Prize”, for “Society of Applied Microbiology”, substitute “Society for Applied Microbiology”. Insert new Appendix High Potential Individual (HPI) APP HPI1. After “Appendix Global Talent: Prestigious prizes”, insert: “Appendix High Potential Individual This route is for recent graduates of top global universities, who want to work, or look for work in the UK, following the successful completion of an eligible course of study equivalent to UK bachelor’s degree level or above. The study must have been with an institution listed on the Global Universities List. The … High Potential Individual route is an unsponsored route. A dependent partner and dependent children can apply on this route. The High Potential Individual route is not a route to settlement. Validity requirements for a High Potential Individual HPI 1.1. A person applying for entry clearance or permission to stay as a High Potential Individual must apply online on the gov.uk website on the specified form as follows: (a) for applicants outside the UK, form “High Potential Individual visa”; or (b) for applicants inside the UK, form “High Potential Individual”. HPI 1.2. An application for entry c … EXPLANATORY MEMORANDUM TO THE STATEMENT OF CHANGES IN IMMIGRATION RULES PRESENTED TO PARLIAMENT ON 15 MARCH 2022 (HC 1118) 1. Introduction 1.1. This Explanatory Memorandum has been prepared by the Home Office and is laid before Parliament by Command of Her Majesty. 2. Purpose of the instrument 2.1. This instrument amends the Immigration Rules, made under sections 1(4) and 3(2) of the Immigration Act 1971, that are used to regulate people’s entry to, and stay in, the United Kingdom. 2.2. The changes also represent a further step in the Home Office commitment to simplify the Immigration Rules, i … te Life which replaces the current private life rules in Part 7 and puts the rules into the new simplified format. In addition to simplification this new appendix introduces a number of changes for children and young people, including bringing the concession on early settlement, introduced on 20 October 2021, into the rules.2 • Introducing a new Appendix Relationship with a Partner, which will provide greater consistency in the way applicants prove a relationship with a partner. Initially it applies only to Appendix Settlement Family Life. 2.4. This instrument also makes a series of minor chan","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-354a11c6fe46e2ecf0d6","countryCode":"GB","country":"United Kingdom","title":"New Legal Advice Service for Immigration Detainees","policyEffect":"A new mechanism was implemented allowing individuals detained in police custody under immigration enforcement powers to access legal advice.","operativeDate":"2022-06-01","year":2022,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"Other","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/news/civil-news-changes-to-immigration-advice-in-police-stations","preciseCitation":"www.gov.uk. New Legal Advice Service for Immigration Detainees. Effective 2022-06-01.","evidencePassage":"Last updated: 1 June 2022 — See all updates This news article was withdrawn on 26 August 2026 No longer current government policy/activity. Two policewomen on patrol Individuals detained in police custody under immigration powers have a new service to access legal advice, starting on 1 June 2022. The Immigration Police Station Advice (IPSA) service is replacing the Immigration Telephone Advice (ITA) service. What does this mean for providers? The change is likely to mean more work for face to face immigration providers. Providers calling the Defence Solicitor Call Centre (DSCC) will need to listen carefully to the options they are presented with before connecting to an operator as these have changed. Why is this happening now? We need to ensure there is a new service to continue helping individuals detained in police custody under immigration powers. This is replacing the ITA contract which came to an end on 31 May 2022. How will the new service work? Detainees will be entitled to call-backs under the IPSA service to help them understand: what may happen next likely detention timescales how to access their nearest face to face immigration solicitor Clients will then have the option of","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-0007fc0eeeacf4731b1f","countryCode":"GB","country":"United Kingdom","title":"Revision of UK Expansion Worker Guidance (Endorsement Streamlining)","policyEffect":"UKVI sponsor guidance update for the Global Business Mobility – UK Expansion Worker route removing administrative requirements and references relating to obtaining formal endorsement letters from designated government departments prior to sponsor licensing.","operativeDate":"2022-06-24","year":2022,"affectedGroup":"Overseas businesses expanding to the uk","materialConditionsAndExceptions":"","policyCategory":"Labour migration","policyTool":"Sponsor guidance","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/workers-and-temporary-workers-guidance-for-sponsors-sponsor-a-global-business-mobility-worker","preciseCitation":"Home Office, Workers and Temporary Workers: guidance for sponsors – Sponsor a Global Business Mobility worker, Version updates.","evidencePassage":"Guidance has been updated to remove references to obtaining an endorsement letter for the UK Expansion Worker route from another government department. Full changes detailed in the 'Changes from last version of this guidance' section.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-6ad146cbed00d6dd9a71","countryCode":"GB","country":"United Kingdom","title":"Commencement of Core Nationality Reforms (Remedying Historical Injustices)","policyEffect":"Commences provisions under Part 1 of the Nationality and Borders Act 2022 remedying historical gender and marital status discrimination in British nationality legislation (allowing registration where mothers or unmarried fathers could not transmit citizenship) and granting discretion for adult registration where someone missed citizenship due to historical legislative unfairness.","operativeDate":"2022-06-28","year":2022,"affectedGroup":"Descendants of british citizens / overseas territories citizens","materialConditionsAndExceptions":"","policyCategory":"Citizenship and nationality","policyTool":"Nationality law reform / discretionary registration","sourceName":"UK Statutory Instruments (legislation.gov.uk)","sourceUrl":"https://www.legislation.gov.uk/uksi/2022/590/made","preciseCitation":"S.I. 2022 No. 590 (C. 31): The Nationality and Borders Act 2022 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2022","evidencePassage":"means the Nationality and Borders Act 2022; “the appointed day” means 28th June 2022; “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol. (3) These Regulations extend to England and Wales, Scotland and Northern Ireland, subject as follows. (4) Paragraph 24 of Schedule 1 and paragraph 9 of Schedule 2 extend to England and Wales only. Provisions coming into force on 28th June 2022 2. The day appointed for the coming into force of the provisions of the 2022 Act listed in Schedule 1 is 28th June 2022. Transitional and … saving provisions 3. Schedule 2, which contains transitional and saving provisions, has effect. Tom Pursglove Parliamentary Under Secretary of State Home Office 26th May 2022 Regulation 2 SCHEDULE 1Provisions of the 2022 Act coming into force on 28th June 2022 1. Section 1 (historical inability of mothers to transmit citizenship). 2. Section 2 (historical inability of unmarried fathers to transmit citizenship). 3. Section 4 (sections 1 and 2: related British citizenship), except to the extent that section 4K(1)(a) of the British Nationality Act 1981(3), inserted by section 4(2) of the 2022 Act, refers to section 17H of the British Nationality Act 1981. 4. Section 5 (period for registration of person born outside the British overseas territories). 5. Section 6 (disapplication of historical registration requirements). 6. Section 7 (citizenship where mother married to someone other than natural father). 7. Section 8 (citizenship: registration in special cases). 8. Section 9 (requirements for naturalisation etc) and Schedule 1 (waiver of requirement of presence in UK etc), except for paragraph 3(4)(d) of that Schedule. 9. Section 11 (citizenship: stateless minors). 10. Section 12 (differential … Nationality and Borders Act 2022 (c. 36) xmlns:atom=\"http://www.w3.org/2005/Atom\" xmlns:atom=\"http://www.w3.org/2005/Atom\" PART 1U.K.Nationality Valid from 28/06/2022 British overseas territories citizenshipU.K.1Historical inability of mothers to transmit citizenshipU.K. (1)Part 2 of the British Nationality Act 1981 (British overseas territories citizenship) is amended as follows. (2)After section 17, insert— “17ARegistration: remedying inability of mothers to transmit citizenship (1)On an application for registration under this section, a person (“P”) is entitled to be registered as a British … subsection (1), after paragraph (c) insert— “(ca)the person is a British overseas territories citizen by virtue of registration under section 17A; or”. Commencement Information I1S. 1 not in force at Royal Assent, see s. 87(1)2Historical inability of unmarried fathers to transmit citizenshipU.K. (1)Part 2 of the British Nationality Act 1981 (British overseas territories citizenship) is amended as follows. (2)After section 17A (as inserted by section 1), insert— “17BRegistration: unmarried fathers; the general conditions For the purposes of sections 17C to 17F, a person (“P”) meets the general conditions … with the commencement date, before they reach the age of 23 years. (3)In subsection (2), “the commencement date” means the date on which this section comes into force.” Commencement Information I3S. 3 not in force at Royal Assent, see s. 87(1)4Sections 1 to 3: related British citizenshipU.K. (1)Part 1 of the British Nationality Act 1981 (British citizenship) is amended as follows. (2)After section 4J, insert— “4KAcquisition by registration: certain British overseas territories citizens (1)A person is entitled to be registered as a British citizen on an application made under this section if— (a)they are entitled to be registered as a British overseas territories citizen under section 17A, 17C, 17D, 17E, 17F or 17H, or (b)they would be entitled to be registered as a British overseas territories citizen under any of those sections but for the fact that they have already become a British overseas territories citizen under a different provision. (2)Subsection (1) does not apply in the case of a person— (a)who is or would be entitled to be registered as a British overseas territories citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia, or (b)who has … 4LAcquisition by registration: special circumstances (1)If an application is made for a person of full age and capacity (“P”) to be registered as a British citizen, the Secretary of State may cause P to be registered as such a citizen if, in the Secretary of State’s opinion, P would have been, or would have been able to become, a British citizen but for— (a)historical legislative unfairness, (b)an act or omission of a public authority, or (c)exceptional circumstances relating to P. (2)For the purposes of subsection (1)(a), “historical legislative unfairness” includes circumstances where P would … Secretary of State may cause P to be registered as such a citizen if, in the Secretary of State’s opinion, P would have been, or would have been able to become, a British overseas territories citizen but for— (a)historical legislative unfairness, (b)an act or omission of a public authority, or (c)exceptional circumstances relating to P. (2)For the purposes of subsection (1)(a), “historical legislative unfairness” includes circumstances where P would have become, or would not have ceased to be, a British subject, a citizen of the United Kingdom and Colonies, a British Dependent Territories Citizen","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-ca7f0d23f8b1bc1fbe91","countryCode":"GB","country":"United Kingdom","title":"Implementation of Differentiated Refugee Status Regime (HC 17)","policyEffect":"Established a differentiated status framework creating Group 1 (direct arrival, regular path) and Group 2 (irregular entry/transit through safe third countries) refugees; Group 2 refugees received temporary permission to stay (30 months) rather than 5 years and restricted access to settlement and family reunion.","operativeDate":"2022-06-28","year":2022,"affectedGroup":"Asylum seekers entering via irregular pathways","materialConditionsAndExceptions":"","policyCategory":"Asylum and refugee protection / status determination & rights","policyTool":"Differentiated status duration / reduced settlement rights","sourceName":"Home Office / UK Parliament","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-17-11-may-2022","preciseCitation":"UK Home Office, Statement of Changes in Immigration Rules: HC 17, 11 May 2022.","evidencePassage":"has granted an asylum applicant refugee status under paragraph 334, the asylum applicant may be granted permission to stay on a protection route at the same time as or as soon as possible after the grant of refugee status. Group 1 refugees and Group 2 refugees, as defined in section 12 of the Nationality and Borders Act 2022, may be granted different periods of permission to stay and subject to different conditions: (i) where the asylum applicant is a Group 1 refugee, they will be granted refugee permission to stay for a minimum period of 5 years; and (ii) where the asylum applicant is a Group 2 … refugee, they will be granted temporary refugee permission to stay for a minimum period of 30 months, unless exceptional circumstances apply. Permission to stay will be renewable upon application where the person still has and remains eligible for refugee status. Applications for further permission to stay under this Part should be made within the last 28 days of the applicant’s permission to stay. Page 13 of 24 339QB. Where the Secretary of State has granted an asylum applicant humanitarian protection under paragraph 339C, the asylum applicant will be granted temporary humanitarian permission … introduction, delete: “This route applies to a person who is already on a protection route – which means they have been granted refugee status or humanitarian protection in the UK.”. APP STP2. In the introduction, after “settlement on this route.”, insert: “Only those granted refugee status or humanitarian protection as a result of asylum applications made before 28 June 2022 or granted refugee status and refugee permission to stay on asylum applications made on or after 28 June 2022, are eligible to apply on the settlement protection route. Individuals who were granted refugee status and temporary refugee permission to stay or humanitarian protection and temporary humanitarian permission to stay following asylum applications made on or after 28 June 2022 are ineligible to apply on the settlement protection route”. APP STP3. In the introduction, for “Partners and children of a person with refugee status or humanitarian protection can also apply on this route if they have been granted permission as the dependant of such a person.”, substitute: “Partners and children of a person with refugee status or humanitarian protection who is eligible to apply on the settlement protection route","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ec92782b8daaa5791e57","countryCode":"GB","country":"United Kingdom","title":"End of COVID-19 Student Sponsorship Concessions","policyEffect":"The Home Office established a hard deadline of June 30, 2022, for students to transition back to face-to-face instruction, ending distance/blended learning concessions.","operativeDate":"2022-06-30","year":2022,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: The Home Office established a hard deadline of June 30, 2022, for students to transition back to face-to-face instruction, ending distance/blended learning concessions.","policyCategory":"Student","policyTool":"Eligibility","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/coronavirus-covid-19-student-sponsors-migrants-and-short-term-students/coronavirus-covid-19-student-sponsors-migrants-and-short-term-students-accessible-version","preciseCitation":"www.gov.uk. End of COVID-19 Student Sponsorship Concessions. Effective 2022-06-30.","evidencePassage":"is available on GOV.UK: https://www.gov.uk/coronavirus. Coronavirus immigration help centre 1.9 If you have immigration queries related to coronavirus, please email the Coronavirus Immigration Help Centre. Email: CIH@homeoffice.gov.uk. Your email must be in English. Publication Below is information on when this guidance was published: Version: 12.0 Published on 25 February 2022 Changes since last publication Current paragraph number Previous paragraph number Changes made 2.11 2.11 End dates for transition from distance learning updated to 30 June 2022 2.16 N/A A new paragraph added to confirm … concessions on distance and blended learning will be permitted if there is a local restriction anywhere in each of the four nations of the UK which prohibits in-person teaching and that this concession will be permitted in line with the duration of any such restrictions. 2.17 2.17 Updated to reflect the change to distance learning concessions in 2.16. Blended learning concession end date updated to 30 June 2022. 2.19 2.19 End date updated to 30 June 2022. 3.2 3.2 Commencement of in person/blended learning end date updated to 30 June 2022. 3.5 3.5 End date for blended learning updated to 30 June … takes place entirely remotely, without any face-to-face teaching or research activities on the sponsor’s sites. 2.11 Sponsors are not required to withdraw sponsorship if an existing student is unable to return to the UK due to travel restrictions. Institutions can continue to provide distance learning for their existing sponsored students who are outside the UK, who will transition to face-to-face or blended learning in the UK before 30 June 2022. Sponsors can also commence sponsoring new Students and Child Students who will start studying through distance learning from overseas in the 2021-22 … permitted to adopt a blended learning approach for students who are studying in the UK until 30 June 2022. Unless restrictions or guidance meeting the criteria at 2.16 applies, sponsors will not be able to provide tuition which is delivered entirely remotely to students who are undertaking their studies within the UK, there must be some face-to-face learning as specified in 2.18. 2.18 Sponsors must have face-to-face contact with sponsored Students who are doing blended learning in the UK at least twice per month during term time, on a rolling four-week basis, unless less frequent contact is already … learning 3.1 Students and Child Students are not normally permitted to undertake distance or blended learning courses. However, due to the current exceptional circumstances, we will not consider it a breach of sponsor duties to offer distance learning to students outside the UK (including students who commenced study in person before returning overseas to continue studying) or blended learning to students in the UK. 3.2 New international students who have been granted permission under the Student or Child Student routes but have been unable to travel to the UK are permitted to undertake distance … the Student or Child Student route before their course starts or before they travel to the UK, either is acceptable. 3.4 New international students outside the UK who have not yet applied for a visa but wish to commence a course by distance learning from outside the UK and who do not intend to travel to the UK to transition to face-to-face learning, do not require sponsorship under the Student or Child Student routes. 3.5 International students in the UK can also continue existing courses or commence new courses of study by blended learning. From 27 September 2021 until 30 June 2022 blended learning","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-671e5d41a8ea104b650b","countryCode":"GB","country":"United Kingdom","title":"Homes for Ukraine opens to new applications from children without parents or legal guardians","policyEffect":"From August 10, 2022, the Homes for Ukraine Scheme opened to new visa applications from children outside the UK who were not applying with or joining a parent or legal guardian. The child required a sponsor pre-approved by the local authority and notarised parental consent. An accompanying adult relative needed the same sponsor. The June 22 announcement preceded implementation; a July 15 concession had already allowed existing applications to be progressed.","operativeDate":"2022-08-10","year":2022,"affectedGroup":"Children outside the uk applying under homes for ukraine without a parent or legal guardian","materialConditionsAndExceptions":"Validated condition or limit: The child required a sponsor pre-approved by the local authority and notarised parental consent.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc511-20-july-2022/statement-of-changes-to-the-immigration-rules-hc511-20-july-2022-accessible","preciseCitation":"Original Statement of Changes and accompanying explanatory memorandum","evidencePassage":"or guidance, published by the Department for Levelling Up, Housing and Communities at https://www.gov.uk/guidance/homes-for-ukraine-sponsor-guidance. Or, in the case of a child who is not applying with or to join their parent or legal guardian in the UK, a sponsor who is approved as a sponsor for that applicant under the Homes for Ukraine Scheme under the guidance: “Homes for Ukraine - Applications to Homes for Ukraine for children who are not travelling or reuniting with their parent or legal guardian: Guidance for Councils”.”. Changes to Appendix Ukraine Scheme APP UKR1. In the introduction, … after “A Ukrainian national may also qualify under the Homes for Ukraine Sponsorship Scheme if they have an Approved sponsor who will provide accommodation for at least 6 months.” insert “A child who is not applying with, or intending to join, their parent or legal guardian in the UK must have an Approved sponsor who was approved for the child by a Local Authority before the application is made and must have agreed to accommodate the child for at least 3 years or until the child is 18 so long as they are sponsored for at least 6 months (whichever is soonest).”. APP UKR2. In the introduction, … ent UKR 6A.1. Where an applicant is a child, the UK-based sponsor (under UKR 6.1) must not previously have failed to meet the requirements for approval as a sponsor under the Homes for Ukraine Scheme under the guidance: “Homes for Ukraine - Applications to Homes for Ukraine for children who are not travelling or reuniting with their parent or legal guardian: Guidance for Councils”.”. APP UKR5. For paragraph UKR 11.3. substitute: “UKR 11.3. Where the applicant is aged under 18 on the date of application they must either: (a) be applying with, or to join in the UK, their parent or legal guardian … (CP 232), 10 September 2020 (HC 707), 22 October 2020 (HC 813), 10 December 2020 (HC 1043), 31 December 2020 (CP 361), 4 March 2021 (HC 1248), 10 September 2021 (HC 617), 11 October 2021 (CP 542), 1 November 2021 (HC 803), 14 December 2021 (HC 913), 24 January 2022 (HC 1019), 17 February 2022 (CP 632), 15 March 2022 (HC 1118), 29 March 2022 (HC 1220) and 11 May 2022 (HC 17). Implementation The changes set out in this statement shall take effect on 10 August 2022. Review Before the end of each review period, the Secretary of State undertakes to review all of the relevant Immigration Rules incl","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-645b7685041a9ba40008","countryCode":"GB","country":"United Kingdom","title":"Introduction of the Scale-up route","policyEffect":"From August 22, 2022, the Scale-up route provided a work route for qualifying workers sponsored by authorised scale-up businesses. The sponsored application required a qualifying job offer, and the sponsorship requirement applied for the initial six-month period. Subsequent unsponsored applications were subject to separate eligibility and earnings requirements.","operativeDate":"2022-08-22","year":2022,"affectedGroup":"Workers with qualifying sponsored employment at authorised scale-up businesses","materialConditionsAndExceptions":"Validated condition or limit: The sponsored application required a qualifying job offer, and the sponsorship requirement applied for the initial six-month period.; Subsequent unsponsored applications were subject to separate eligibility and earnings requirements.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/6231af2ee90e070ed74005d3/E02724891_-_Immigration_Rules_changes_-_HC_1118__Web_Accessible_.pdf","preciseCitation":"HC 1118, implementation provisions and route appendices; explanatory memorandum","evidencePassage":"d by a UK Scale-up Sponsor, who have the skills needed to enable the Scale-up business to continue growing. The person must have a high-skilled job offer from a qualifying Scale-up business at the required salary level. A dependent partner and dependent children can apply on this route. The Scale-up route is a route to settlement. Validity requirements for a Scale-up Worker SCU 1.1. A person applying for entry clearance or permission to stay as a Scale-up Worker must apply online on the gov.uk website on the specified form as follows: (a) for applicants outside the UK, form “Scale-up visa”; or … o, which must: (a) confirm the applicant’s name, that they are being sponsored as a Scale-up Worker, details of the job and salary the Sponsor is offering them and PAYE details; and (b) include a start date for the job, stated by the Sponsor, which is no more than 3 months after the date of application; and (c) confirm the applicant is expected to work for the Sponsor for at least the first 6 months of their permission; and (d) not have been used in a previous application which was either granted or refused (but can have been used in a previous application which was rejected as invalid, made v","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5b79ae2fca1578813165","countryCode":"GB","country":"United Kingdom","title":"Devolution of Immigration Bail Regulations for Scotland and Northern Ireland","policyEffect":"Commencement of Section 61 and Schedule 10 of the Immigration Act 2016 in Scotland and Northern Ireland, establishing transition rules for individuals on immigration bail.","operativeDate":"2022-08-31","year":2022,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Commencement of Section 61 and Schedule 10 of the Immigration Act 2016 in Scotland and Northern Ireland, establishing transition rules for individuals on immigration bail.","policyCategory":"Enforcement","policyTool":"Enforcement","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2022/863/note/made","preciseCitation":"legislation.gov.uk. Devolution of Immigration Bail Regulations for Scotland and Northern Ireland. Effective 2022-08-31.","evidencePassage":"note is not part of the Regulations) These Regulations bring into force on 31st August 2022 in Scotland and Northern Ireland the provisions of Schedule 10 to the Immigration Act 2016 (c. 19) (the “2016 Act”) which are not already in force and sections 61(1) and (2) of the 2016 Act insofar as they relate to those provisions. These provisions relate to the duty to impose electronic monitoring conditions on those granted or on immigration bail who are subject to deportation. The same provisions were commenced in England and Wales by virtue of the Immigration Act 2016 (Commencement and Transitional Provisions No. 1) (England and Wales) Regulations 2021 (S.I. 2021/939 (C. 50)). Regulation 2 contains provisions commencing the following provisions of Schedule 10: sub-paragraphs (2), (3) and (5) to (10) of paragraph 2 (the duty to impose an electronic monitoring condition on those granted immigration bail on or after 31 August 2022 who are liable for detention pending deportation); paragraph 7 (removal etc of electronic monitoring condition where bail is managed by the Secretary of State); paragraph 8 (amendment etc of electronic monitoring condition where bail is managed by the First Tier Tribunal … Tribunal depending on which is managing that person’s bail. Regulation 3 gives effect to the Schedule to these Regulations. The Schedule makes a number of transitional provisions to reflect the phased implementation of electronic monitoring for those who, as at 31st August 2022, are on immigration bail and liable to be detained pending deportation but who are not subject to electronic monitoring. Paragraph 1 sets out that the transitional provisions apply to those who are on immigration bail and liable to be detained pending deportation. Paragraph 2 sets out that the transitional provisions also","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-13bf68d220f69c9309d3","countryCode":"GB","country":"United Kingdom","title":"Reinstatement of In-Person Right to Work Checks","policyEffect":"Temporary COVID-19 concessions for Right to Work checks were ended. Employers must return to performing physical, in-person checks, using digital Identity Document Validation Technology (IDVT) via an Identity Profile Service Provider (IDSP), or using the Home Office online checking service.","operativeDate":"2022-10-01","year":2022,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Employers must return to performing physical, in-person checks, using digital Identity Document Validation Technology (IDVT) via an Identity Profile Service Provider (IDSP), or using the Home Office online checking service.","policyCategory":"Enforcement","policyTool":"Enforcement","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc719-18-october-2022/statement-of-changes-to-the-immigration-rules-hc719-18-october-2022-accessible","preciseCitation":"www.gov.uk. Reinstatement of In-Person Right to Work Checks. Effective 2022-10-01.","evidencePassage":"EU Settlement Scheme application made on or after 1 July 2021. Also the removal of reference to Immigration Enforcement 28-day notices in respect of EEA citizens and their non-EEA family members which are no longer in use. 28 March 2023 The adjustments to right to work checks introduced on 30 March 2020 as part of the response to COVID-19 ended on 30 September 2022. 28 February 2023 Updated to the latest version of the guidance. 27 September 2022 Updated information for employers carrying out right to work checks from 1 October. 27 April 2022 Added accessible version of employer's guide to right to work checks: 6 April 2022 and Ukrainian nationals and right to work checks. 12 April 2022 New Ukrainian nationals and right to work checks guide added. 6 April 2022 Added new version of right to work checks: an employer's guide, which came into force on 6 April 2022. A summary of the changes can be found in the guide. 11 March 2022 Added draft version of guidance which will come into force on 6 April 2022. 15 February 2022 Added web version of the employer's guide. 17 January 2022 Update on the use of BRP/Cs to prove right to work. Guidance for employers and Identity Service Providers (IDSPs","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-73c7587132ee4e997f9f","countryCode":"GB","country":"United Kingdom","title":"Closure of the Afghan Ex-Gratia Scheme","policyEffect":"The legacy Afghan Ex-Gratia Scheme was formally closed, with remaining and future relocations consolidated under the Appendix Afghan Relocations and Assistance Policy (ARAP) within the Immigration Rules.","operativeDate":"2022-11-30","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: The legacy Afghan Ex-Gratia Scheme was formally closed, with remaining and future relocations consolidated under the Appendix Afghan Relocations and Assistance Policy (ARAP) within the Immigration Rules.","policyCategory":"New pathway","policyTool":"New pathway","sourceName":"service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/634e6ad0d3bf7f6185a0d52b/E02806323_-___HC_719__-_EXPLANATORY_MEMORANDUM__Web_Accessible_.pdf","preciseCitation":"service.gov.uk. Closure of the Afghan Ex-Gratia Scheme. Effective 2022-11-30.; Home Office, Statement of Changes in Immigration Rules: HC 719, Explanatory Memorandum para 7.7–7.10, 18 October 2022.","evidencePassage":"to the ex-gratia scheme, which closes on 30 November 2022. 1 https://www.gov.uk/guidance/immigration-rules 2 7.5. Appendix Administrative Review has been updated to clarify that applicants under the Afghan Relocation and Assistance route do not have a right of administrative review. Introduction of the new Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery 7.6. The Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery establishes a route for a person who is a confirmed victim of Human Trafficking or Slavery, who is not a British Citizen","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-eb66d5114405a56b2e31","countryCode":"GB","country":"United Kingdom","title":"Exemption from Immigration Skills Charge for Scale-up / EU Intra-Corporate Transferees","policyEffect":"Amends the Immigration Skills Charge Regulations 2017 to provide an exemption from the charge for sponsors of certain senior or specialist workers transferred from the EU under the UK-EU Trade and Cooperation Agreement.","operativeDate":"2023-01-01","year":2023,"affectedGroup":"Highly skilled / icts","materialConditionsAndExceptions":"","policyCategory":"Labour migration","policyTool":"Not stated","sourceName":"legislation.gov.uk / The National Archives.","sourceUrl":"https://www.legislation.gov.uk/uksi/2022/1233/contents/made","preciseCitation":"The Immigration Skills Charge (Amendment) Regulations 2022 (S.I. 2022/1233).","evidencePassage":"in exercise of the powers conferred by sections 70A and 74(8) of the Immigration Act 2014(1). In accordance with section 74(2)(ja)(2) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament. Citation, commencement and extent 1.—(1) These Regulations may be cited as the Immigration Skills Charge (Amendment) Regulations 2022 and come into force on 1st January 2023. (2) These Regulations extend to England and Wales, Scotland and Northern Ireland. Amendment to the Immigration Skills Charge Regulations 2017 2.—(1) The Immigration Skills Charge Regulations 2017(3) are amended as follows. (2) In regulation 4 (exemptions from the charge), after paragraph (f) insert— “(g)who is intended to be a Scale-up Worker, within the meaning given by paragraph 6 of the immigration rules(4); (h)who is intended to be: (i )a Senior or Specialist Worker, within the meaning given by paragraph 6 of the immigration rules; and (ii )the subject of an intra-corporate transfer for a period of no more than 36 months as an intra-corporate transferee, as defined by Article 140(5)(d) to (g) of the Trade and Cooperation Agreement between the European Union … that a sponsor, subject to certain exemptions, must pay a charge each time it assigns a certificate of sponsorship to a skilled worker. Regulation 2 of these Regulations amends the 2017 Regulations by adding exemptions to the requirement to pay the charge in respect of sponsored workers on the Scale-up route and also specific EU national intra-corporate transferees on the Global Business Mobility - Senior or Specialist Worker route who are covered by a commitment in the EU-UK Trade and Cooperation Agreement. The Scale-up route facilitates individuals who have the skills needed to enable a scale-up business to continue growing to come to or stay in the UK. The Global Business Mobility – Senior or Specialist Worker route facilitates overseas workers who are senior managers or specialist employees to come to or stay in the UK to undertake temporary work assignments with a UK business that is linked to their employer overseas. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. (1) 2014 c. 22. Consent of the Treasury is required by section 70A(5). Section 70A was inserted by section","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-26f61e870db5199e09de","countryCode":"GB","country":"United Kingdom","title":"Clarification of Fee Waivers for VTS Route","policyEffect":"Amendment to regulations to clarify that fee waivers apply to applications under the new Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery.","operativeDate":"2023-01-30","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Amendment to regulations to clarify that fee waivers apply to applications under the new Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery.","policyCategory":"Other","policyTool":"Fees","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2023/15/made/data.html","preciseCitation":"legislation.gov.uk. Clarification of Fee Waivers for VTS Route. Effective 2023-01-30.","evidencePassage":"other purposes, on 30th January 2023. (3) These Regulations extend to England and Wales, Scotland and Northern Ireland. Amendments to Schedule 2 to the Immigration and Nationality (Fees) Regulations 20182. (1) Schedule 2 to the Immigration and Nationality (Fees) Regulations 20184 (applications for leave to remain in the United Kingdom) is amended as follows. (2) In paragraph 1(1) (interpretation), omit the definitions of “positive conclusive grounds decision”, “the Trafficking Convention” and “Trafficking Convention reason”. (3) In paragraph 2, in Table 9 (exceptions and waivers in respect of fees for applications for, or in connection with, leave to remain in the United Kingdom), in 9.10— (a) for the heading substitute “Grant of leave to remain in the United Kingdom under Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery to the immigration rules”5; (b) in 9.10.1, for the words from “No fee” to “decision” substitute— “No fee is payable in respect of the first grant of leave under Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery to the immigration rules) (“the Appendix”) (whether or not an application is made for such leave … Majesty’s armed forces where the application is checked and submitted to His Majesty’s Passport Office by armed forces personnel who are nominated for that purpose The fee specified in the table in paragraph 2 for a postal application made by, or in respect of, an over-16 prospective passport holder who lives in the United Kingdom plus £11”. EXPLANATORY NOTE (This note is not part of the Regulations) Regulation 2 of these Regulations amends Schedule 2 to the Immigration and Nationality (Fees) Regulations 2018 (S.I. 2018/330) so as to clarify that the waiver of fees otherwise payable by those who … fall within the Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery to the immigration rules (HC 719) issued on 18th October 2022 applies to all those coming within that Appendix. That regulation also makes consequential amendments to that Schedule. Regulation 3 of, and the Schedule to, these Regulations amend the Passport (Fees) Regulations 2022 (S.I. 2022/660). The amendments increase some of the fees imposed in Parts 1 and 2 of the Schedule to those Regulations in respect of passport applications by approximately 9.1% and reduce the fees in respect of certain","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-work-labour-compliance-20230412","countryCode":"GB","country":"United Kingdom","title":"Work routes add a labour-law compliance refusal requirement","policyEffect":"From April 12, 2023, work routes requiring a specific job offer added a requirement that the decision maker must not have reasonable grounds to believe the sponsored job fails to comply with the National Minimum Wage Regulations or the Working Time Regulations. This introduced an immigration eligibility check on the offered job; it did not itself create the underlying labour-law standards.","operativeDate":"2023-04-12","year":2023,"affectedGroup":"Applicants under work routes requiring a specific job offer","materialConditionsAndExceptions":"Validated condition or limit: From April 12, 2023, work routes requiring a specific job offer added a requirement that the decision maker must not have reasonable grounds to believe the sponsored job fails to comply with the National Minimum Wage Regulations or the Working Time Regulations.; This introduced an immigration eligibility check on the offered job","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Government","sourceUrl":"https://assets.publishing.service.gov.uk/media/6408b6e7e90e0740d561954b/E02875509_-_Immigration_Rules_changes_-_HC_1160__Web_Accessible_.pdf","preciseCitation":"HC 1160 rule text, explanatory memorandum and applicable commencement evidence","evidencePassage":"ble), SW 10.3(a), SW 11.3(a), SW 12.4(a), SW 13.2(a), SW 13.4, SW 14.3, SW 24.3 (the table) and SW 24.4(a), for “£20,480”, substitute “£20,960”, in each place it occurs. APP SW5. In SW 4.2 (the table), SW 8.2(b), SW 9.6(b), SW 10.3(b), SW 11.3(b), SW 12.4(b), SW 14.4, SW 14.6 and SW 24.3 (the table), for “£10.10 per hour”, substitute “£10.75 per hour”, in each place it occurs. Page 37 of 182 APP SW6. After SW 5.6, insert: “SW 5.6A. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do does not comply with the National Minimum Wage Regulat … ions or the Working Time Regulations.”. APP SW7. In SW 5.7, for “SW 5.1. to SW 5.6”, substitute “SW 5.1. to SW 5.6A”. APP SW8. In SW 14.3, after “more than 48 hours a week,”, insert “subject to SW 14.3A,”. APP SW9. After SW 14.3, insert: “SW 14.3A. If the applicant is being sponsored to work a pattern where the regular hours are not the same each week, resulting in uneven pay: (a) work in excess of 48 hours in some weeks can be considered towards the salary thresholds, providing the average over a regular cycle (which can be less than, but not more than, 17 weeks) is not more than 48 hours a w … are considered where an applicant is working a pattern where the regular hours are not the same each week. These changes relate to the Skilled Worker, Global Business Mobility, Scale-up and Seasonal Worker routes. 7.10 A change is being made to all work routes which require an applicant to have a specific job offer. The change means applications will be refused if the decision maker has reasonable grounds to believe the job does not comply with the National Minimum Wage Regulations or the Working Time Regulations. 7.11 Jury service and attending court as a witness are being added to the list … d rules in 2023 and hope to consolidate the Immigration Rules in 2024. 6.4. The changes will be implemented on different dates starting from 12 April 2023 as detailed in the implementation section of the accompanying Statement of Changes. 7. Policy background What is being done and why? Electronic Travel Authorisations (ETA) 7.1 One of the government’s priorities is securing the UK’s borders and keeping our people safe by ensuring that everyone wishing to travel to the UK (except British and Irish citizens) has permission to do so in advance of travel. To fill the current gap in advance permis","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-2dcff1ec053d61884429","countryCode":"GB","country":"United Kingdom","title":"Innovator Founder replaces the Innovator route","policyEffect":"From April 13, 2023, the Innovator Founder route replaced the Innovator route for applicants with an endorsed innovative, viable and scalable business proposal. It removed the former £50,000 minimum investment-funds requirement and allowed secondary employment in skilled roles at RQF Level 3 or above. Applicants still needed an endorsing body and a key role in managing and developing the business.","operativeDate":"2023-04-13","year":2023,"affectedGroup":"Applicants seeking to establish an innovative business in the uk","materialConditionsAndExceptions":"Validated condition or limit: It removed the former £50,000 minimum investment-funds requirement and allowed secondary employment in skilled roles at RQF Level 3 or above.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/6408b6e7e90e0740d561954b/E02875509_-_Immigration_Rules_changes_-_HC_1160__Web_Accessible_.pdf","preciseCitation":"HC 1160 implementation schedule, applicable route appendices and explanatory memorandum","evidencePassage":"p endorsement issued before the 13 April 2023. From 13 July 2023 the Start-up route will be closed to all new applications.”. APP SU2. In SU1.2(d), after “date of application” insert: “, and issued before the 13 April 2023,”. APP SU3. For SU 16.2, substitute: “SU 16.2. The applicant must show that the relationship meets the relationship requirements as specified in Appendix Relationship with Partner.”. APP SU4. Delete SU 16.3. and GT 16.4. Changes to Appendix Innovator APP INN1. Delete Appendix Innovator. Insertion of Appendix Innovator Founder APP INNF1. After Appendix Innovator, insert: Page … 136 of 182 “Appendix Innovator Founder The Innovator Founder route is for a person seeking to establish a business in the UK based on an innovative, viable and scalable business idea they have generated, or to which they have significantly contributed. The application must be supported by an endorsing body. An applicant must have a key role in the day-to-day management and development of the business. A partner and dependent children can apply on this route. The Innovator Founder route is a route to settlement. Validity requirements for an Innovator Founder INNF 1.1. A person applying for ent … l Talent; or (e) Scale-up.”. INTRO5. In paragraph 6.2, for the definition of “Grandparent”, substitute: ““Grandparent” in Appendix UK Ancestry, Appendix Ukraine Scheme and Appendix Adult Dependent Relative means a biological grandparent or grandparent by reason of an adoption recognised by the laws of the UK relating to adoption.”. INTRO6. In paragraph 6.2, in the definition of “Innovator”, after “under Appendix Innovator” insert “of the rules in force before 13 April 2023”. INTRO7. In paragraph 6.2, after the definition of “Innovator”, insert: ““Innovator Founder” means a person who has, or h … here that entry clearance or permission was granted on or after 13 April 2023 and where the holder fails to undergo a contact point meeting with their Endorsing Body.”. 9.11. In paragraph 9.32.1, after “Innovator” insert “Founder”. 9.12. In paragraph 9.30.1, for “one of the following”, substitute “one or more of the following”. 9.13. At the end of paragraph 9.30.1(e), for “.”, substitute: “; or (f) jury service; or (g) attending court as a witness.”. 9.14. For paragraph 9.31.2(a), substitute: “(a) the person is sponsored to undertake a graduate training programme covering multiple roles within","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-startup-transition-20230413","countryCode":"GB","country":"United Kingdom","title":"Start-up route restricts new applications to earlier endorsements","policyEffect":"From April 13, 2023, new Start-up route applications required a valid endorsement issued before April 13, 2023. The transitional window closed to all new Start-up applications on July 13, 2023. This record captures the staged closure of the Start-up route, separately from the replacement of the Innovator route.","operativeDate":"2023-04-13","year":2023,"affectedGroup":"Applicants to the uk start-up route","materialConditionsAndExceptions":"Validated condition or limit: From April 13, 2023, new Start-up route applications required a valid endorsement issued before April 13, 2023.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/6408b6e7e90e0740d561954b/E02875509_-_Immigration_Rules_changes_-_HC_1160__Web_Accessible_.pdf","preciseCitation":"HC 1160 implementation schedule, applicable route appendices and explanatory memorandum","evidencePassage":"CU 23.3. and SCU 23.4. APP SCU20. In SCU 29.3(c), for “; and” substitute “.” APP SCU21. Delete SCU 29.3(d). APP SCU22. For SCU 32.2, substitute: “SCU 32.2. If applying as a partner, the applicant must show that the relationship meets the relationship requirements as specified in Appendix Relationship with Partner.”. APP SCU23. Delete SCU 32.3. Changes to Appendix Start-up APP SU1. In the introduction, after “The Start-up route is for a person seeking to establish a business in the UK for the first time.” insert: “From 13 April 2023 this route is only available to those who hold a valid Start-u … p endorsement issued before the 13 April 2023. From 13 July 2023 the Start-up route will be closed to all new applications.”. APP SU2. In SU1.2(d), after “date of application” insert: “, and issued before the 13 April 2023,”. APP SU3. For SU 16.2, substitute: “SU 16.2. The applicant must show that the relationship meets the relationship requirements as specified in Appendix Relationship with Partner.”. APP SU4. Delete SU 16.3. and GT 16.4. Changes to Appendix Innovator APP INN1. Delete Appendix Innovator. Insertion of Appendix Innovator Founder APP INNF1. After Appendix Innovator, insert: Page … hose changes, if an application for entry clearance or leave to remain has been made using a certificate of sponsorship issued before 12 April 2023, such applications will be decided in accordance with the Immigration Rules in force on 11 April 2023: • APP SW2 to APP SW5 • APP SW8 to APP SW10 • APP SO1 • APP GBM3 to APP GBM7 • APP GBM11 to APP GBM14 • APP GBM18 • APP GBM20 to APP GBM22 • APP SCU3 to APP SCU10 • APP SCU15 to APP SCU17 • APP SAW2 to APP SAW6 The following paragraphs shall take effect on 13 April 2023. In relation to those changes, if an application for entry clearance, leave to … enter or leave to remain, has been made before 13 April 2023, such applications will be decided in accordance with the Immigration Rules in force on 12 April 2023. • INTRO2 • INTRO4 • INTRO6 to INTRO8 • 1.4 • 6A.1 • 7.1 • 9.7 Page 4 of 182 • 9.9 to 9.11 • APP AR3 and APP AR4 • APP AR7 and APP AR8 • APP KOLL2 • APP SW11 • APP MOR2 • APP GT22 • APP SU1 and APP SU2 • APP INN1 • APP INNF1 • APP ISP2 • APP EL1 and APP EL2 • APP KOLUK1 • APP FIN1 • APP CR1 • APP CR3 The following paragraphs shall take effect on 1 June 2023. In relation to those changes, if an application for entry clearance, leave t","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-58003a60a8da87634d37","countryCode":"GB","country":"United Kingdom","title":"Power to Deprive Citizenship Without Notice","policyEffect":"Under the Nationality and Borders Act 2022, the Secretary of State gained the authority to deprive individuals of British citizenship without providing prior notice, subject to judicial oversight.","operativeDate":"2023-05-10","year":2023,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Under the Nationality and Borders Act 2022, the Secretary of State gained the authority to deprive individuals of British citizenship without providing prior notice, subject to judicial oversight.","policyCategory":"Residence","policyTool":"Other","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2023/450/note/made","preciseCitation":"legislation.gov.uk. Power to Deprive Citizenship Without Notice. Effective 2023-05-10.","evidencePassage":"regulations to be made under the 2022 Act. Regulation 2 of these Regulations brings section 10 (notice of decision to deprive a person of citizenship) of the 2022 Act, so far as not already in force, and Schedule 2 (deprivation of citizenship without notice: judicial oversight) to the 2022 Act, into force on 10th May 2023. Section 10 amends section 40 of the British Nationality Act 1981 (c. 61) (“the 1981 Act”) to allow an order depriving a person of British citizenship to be made under section 40 of that Act without first giving the person notice of the decision under section 40(5) of that Act. Section 10 also revokes regulation 10(4) of the British Nationality (General) Regulations 2003 (S.I. 2003/548). Regulation 10(4) provides for a notice under section 40(5) of the 1981 Act to be deemed given, in certain circumstances, if a copy of the notice is placed on a person’s file. Section 10(4) of, and Schedule 2 to, the 2022 Act insert a new Schedule 4A into the 1981 Act to provide for a process of judicial oversight by the Special Immigration Appeals Commission in cases where a decision to deprive a person of British citizenship under section 40(2) of the 1981 Act has been made without","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-968b351d620b93b04831","countryCode":"GB","country":"United Kingdom","title":"Housing and Homelessness Assistance Exemption for Persons Fleeing Sudan","policyEffect":"Modifies allocation and homelessness regulations in England and Wales to exempt British citizens and persons with leave fleeing conflict in Sudan from the habitual residence test for accessing social housing and homelessness assistance.","operativeDate":"2023-05-15","year":2023,"affectedGroup":"Individuals fleeing sudan","materialConditionsAndExceptions":"Validated condition or limit: Modifies allocation and homelessness regulations in England and Wales to exempt British citizens and persons with leave fleeing conflict in Sudan from the habitual residence test for accessing social housing and homelessness assistance.","policyCategory":"Integration / humanitarian relief","policyTool":"Not stated","sourceName":"legislation.gov.uk.","sourceUrl":"https://www.legislation.gov.uk/uksi/2023/532/contents/made","preciseCitation":"The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation) (Amendment) Regulations 2023 (S.I. 2023/532).","evidencePassage":"Homelessness (Eligibility) (England) Regulations 2006 2.—(1) The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006(3) are amended as follows. (2) In regulation 3 (persons subject to immigration control who are eligible for an allocation of housing accommodation), after paragraph (o) insert— “(p)Class P — a person who— (i)was residing in Sudan before 15th April 2023; (ii)left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan; (iii)has leave to enter or remain in the United Kingdom given in accordance with the Immigration … sponsor, or where there is more than one sponsor, at least one of whose sponsors, is still alive.”. (3) In regulation 4(2) (persons not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation), after sub-paragraph (m) insert— “(n)a person who was residing in Sudan before 15th April 2023 and left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan.”. (4) In regulation 5(1) (persons subject to immigration control who are eligible for housing assistance), after sub-paragraph (p) insert— “(q)Class Q — … been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later; and (cc)whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive.”. (5) In regulation 6(2) (persons not to be treated as persons from abroad who are ineligible for housing assistance), after sub-paragraph (m) insert— “(n)a person who was residing in Sudan before 15th April 2023 and left Sudan in … Secretary of State Department for Levelling Up, Housing and Communities 11th May 2023 Explanatory Note (This note is not part of the Regulations) Regulation 2 of these Regulations amends the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (S.I. 2006/1294). The amendments ensure that certain persons who were residing in Sudan before 15th April 2023 and left Sudan in connection with the violence which rapidly escalated in Khartoum and across Sudan on that date are eligible for an allocation of housing accommodation and for housing assistance in England. Such a person subject to immigration control will be eligible if they have been given leave to enter or remain in the United Kingdom in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971 (c. 77), provided that their leave is not subject to the condition that there must be ‘no recourse to public funds’ and that their leave was not granted because of a maintenance undertaking which is still applicable. The amendments also exempt persons leaving Sudan in those circumstances who are not subject to immigration control, but are usually subject to the habitual residence test, from","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-expansion-australia-20230531","countryCode":"GB","country":"United Kingdom","title":"UK Expansion Worker overseas-work requirement exemption for Australian nationals and permanent residents","policyEffect":"From May 31, 2023, Australian nationals and permanent residents seeking to establish a UK branch or subsidiary under the UK–Australia Free Trade Agreement could use an exemption from the UK Expansion Worker requirement to have worked for the overseas employer for 12 months. HC 1160 inserted the exemption subject to the agreement entering into force or being provisionally applied; the agreement entered into force on May 31, 2023.","operativeDate":"2023-05-31","year":2023,"affectedGroup":"Australian nationals and permanent residents applying as uk expansion workers under the trade agreement","materialConditionsAndExceptions":"Validated condition or limit: From May 31, 2023, Australian nationals and permanent residents seeking to establish a UK branch or subsidiary under the UK–Australia Free Trade Agreement could use an exemption from the UK Expansion Worker requirement to have worked for the overseas employer for 12 months.; HC 1160 inserted the exemption subject to the agreement entering into force or being provisionally applied","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Government","sourceUrl":"https://assets.publishing.service.gov.uk/media/6408b6e7e90e0740d561954b/E02875509_-_Immigration_Rules_changes_-_HC_1160__Web_Accessible_.pdf","preciseCitation":"HC 1160 rule text, explanatory memorandum and applicable commencement evidence","evidencePassage":"ional Minimum Wage Regulations or the Working Time Regulations.”. Page 120 of 182 APP GBM18. For UKX 5.6(b), substitute: “(b) have worked outside the UK for the sponsor group for a cumulative period of at least 12 months, unless the applicant is either: (i) applying as a high earner; or (ii) a Japanese national seeking to establish a UK branch or subsidiary of the sponsor group under the UK-Japan Comprehensive Economic Partnership Agreement; or (iii) a national or permanent resident of Australia seeking to establish a UK branch or subsidiary of the sponsor group under the Free Trade Agreement … between the United Kingdom of Great Britain and Northern Ireland and Australia (when the agreement comes into force or is provisionally applied).”. APP GBM19. At the end of UKX 5.7(b)(v), for “.”, substitute: “; or (vi) jury service; or (vii) attending court as a witness.”. APP GBM20. In UKX 8.1, for “£42,400”, substitute “£45,800”. APP GBM21. In UKX 8.2, after “more than 48 hours a week,”, insert “subject to UKX 8.3,”. APP GBM22. After UKX 8.2, insert: “UKX 8.3. If the applicant is being sponsored to work a pattern where the regular hours are not the same each week, resulting in uneven pay: ( … ’s web pages. The Agreement entered into force on 31 May 2023 and will be published in the Treaty Series of command papers in due course. Updates to this page Published 31 May 2023 Sign up for emails or print this page Get emails about this page Print this page Related content Collection Bilateral treaties published in the Country Series Explore the topic Trade and investment Is this page useful? Maybe Yes this page is useful No this page is not useful Thank you for your feedback Report a problem with this page Help us improve GOV.UK Do not include personal or financial information like your N","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-gb-yms-nz-20230629","countryCode":"GB","country":"United Kingdom","title":"UK Youth Mobility Scheme expands age and stay limits for New Zealand nationals","policyEffect":"From June 29, 2023, New Zealand nationals could apply for UK Youth Mobility Scheme entry clearance through age 35, instead of age 30. Eligible New Zealand participants in the UK could apply for up to one additional year of permission to stay, bringing their total stay to at most three continuous years. Initial entry clearance remained limited to up to two years.","operativeDate":"2023-06-29","year":2023,"affectedGroup":"New zealand nationals applying for or holding uk youth mobility scheme permission","materialConditionsAndExceptions":"Validated condition or limit: Eligible New Zealand participants in the UK could apply for up to one additional year of permission to stay, bringing their total stay to at most three continuous years.; Initial entry clearance remained limited to up to two years.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/6408b6e7e90e0740d561954b/E02875509_-_Immigration_Rules_changes_-_HC_1160__Web_Accessible_.pdf","preciseCitation":"HC 1160 implementation schedule, applicable route appendices and explanatory memorandum","evidencePassage":"ob the applicant is being sponsored to do does not comply with the National Minimum Wage Regulations or the Working Time Regulations.”. APP SAW8. In SAW 7.1(b)(i), for “18 October”, substitute “2 October”. Changes to Appendix Youth Mobility Scheme APP YMS1. In the introduction section, for: “The Youth Mobility Scheme provides a cultural exchange programme that allows a person aged between 18 and 30, from participating countries and territories, to experience life in the UK for up to 2 years.” substitute: “The Youth Mobility Scheme provides a cultural exchange programme Page 157 of 182 that all … ows a person aged between 18 and 30 (or 18-35 for some nationalities), from participating countries and territories, to experience life in the UK for up to 2 years (or 3 years for some nationalities).”. APP YMS2. After YMS 1.1, insert: “YMS 1.1.A. A person applying for permission to stay under the Youth Mobility Scheme route must apply online on gov.uk on the specified form: “Temporary Work or Youth Mobility Scheme permission to stay”.”. APP YMS3. In YMS 1.2, for “on”, substitute “or permission to stay under”. APP YMS4. For YMS 1.4, substitute: “YMS 1.4. An applicant for entry clearance must b … e: (a) a New Zealand national aged 35 or under on the date of application; or (b) aged 30 or under on the date of application.”. APP YMS5. After YMS 1.4, insert: “YMS 1.4.A. An applicant who is applying for permission to stay must: (a) be a New Zealand national in the UK; (b) have, or have last been granted, permission to enter under the Youth Mobility Scheme route; and (c) not previously have been granted permission to stay under the Youth Mobility Scheme route.”. APP YMS6. After YMS 2.1, insert: “YMS 2.2. If applying for permission to stay the applicant must not be: (a) in breach of immigrat … e: “YMS 7.1. The applicant will be granted either: (a) entry clearance for up to 2 years; or (b) permission to stay for up to a year, ensuring the total period the person may stay in the UK under the Youth Mobility Scheme does not exceed 3 continuous years.”. Changes to Appendix Youth Mobility Scheme: eligible nationals APP YMSEN1. In the heading, for “2022”, substitute “2023”. APP YMSEN2. In the title “Countries and Territories participating in the Youth Mobility Scheme…”, for “2022”, substitute “2023”. APP YMSEN3. For paragraph 1, substitute: “The maximum total allocation of places available … for use by nationals or citizens of countries and rightful holders of a passport issued by territories participating in the Youth Mobility Scheme in 2023, are as follows: • Australia - 35,000 places • Canada - 8,000 places • Hong Kong - 1,000 places • Iceland – 1,000 places • India – 3,000 places • Japan - 1,500 places • Monaco - 1,000 places • New Zealand - 13,000 places • Republic of Korea - 1,000 places • San Marino - 1,000 places • Taiwan - 1,000 places”. Page 159 of 182 APP YMSEN4. After paragraph 1A, insert: “1B. The maximum total allocation of places listed in paragraph 1 does not appl … y to New Zealand nationals already in the UK with valid permission under the Youth Mobility Scheme and who are applying for permission to stay under the scheme.”. Changes to Appendix Temporary Work – Creative Worker APP CRV1. After CRV 3.2(a).,insert: “(aa) the applicant has obtained an Electronic Travel Authorisation; and”. APP CRV2. After CRV 4.6, insert: “CRV 4.7. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do does not comply with the National Minimum Wage Regulations or the Working Time Regulations.”. APP CRV3. For CRV 13.2., s … EXPLANATORY MEMORANDUM TO THE STATEMENT OF CHANGES IN IMMIGRATION RULES PRESENTED TO PARLIAMENT ON 9 MARCH 2023 (HC 1160) 1. Introduction 1.1 This Explanatory Memorandum has been prepared by the Home Office and is laid before Parliament by Command of His Majesty. 2. Purpose of the instrument 2.1 This instrument amends the Immigration Rules, made under the provisions of Section 1(4) and Section 3(2) in the Immigration Act 1971, that are used to regulate people’s entry to, and stay in, the United Kingdom. 2.2 The changes being made primarily deliver Electronic Travel Authorisations (ETA), introd … d rules in 2023 and hope to consolidate the Immigration Rules in 2024. 6.4. The changes will be implemented on different dates starting from 12 April 2023 as detailed in the implementation section of the accompanying Statement of Changes. 7. Policy background What is being done and why? Electronic Travel Authorisations (ETA) 7.1 One of the government’s priorities is securing the UK’s borders and keeping our people safe by ensuring that everyone wishing to travel to the UK (except British and Irish citizens) has permission to do so in advance of travel. To fill the current gap in advance permis","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-a9ec47b0c35c2b3b70a4","countryCode":"GB","country":"United Kingdom","title":"Pausing of Refugee Differentiation Policy (HC 1496)","policyEffect":"Suspended the differentiated status regime introduced under Section 12 of the Nationality and Borders Act 2022, ceasing Group 1 and Group 2 grouping determinations and granting all successful protection claimants standard permission with aligned conditions.","operativeDate":"2023-07-17","year":2023,"affectedGroup":"Protection decisions made on or after 28 june 2022 and until the introduction of the illegal migration bill (7 march 2023)","materialConditionsAndExceptions":"","policyCategory":"Asylum / protection / legal status","policyTool":"Standardisation of status duration / equalisation of conditions","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1496-17-july-2023/explanatory-memorandum-to-the-statement-of-changes-in-immigration-rules-hc1496-accessible","preciseCitation":"","evidencePassage":"This means we will stop taking grouping decisions under the differentiated asylum system after these Rules changes and those individuals who are successful in their asylum application, including those who are granted humanitarian protection, will receive the same conditions. … The changes to Asylum - pausing the differentiation policy to support SAP (streamlined asylum processing) for applications made on or after 28 June 2022 and until the introduction of the Illegal Migration Bill (7 March 2023), will come into effect at 1500 on 17 July 2023 … for applications made on or after 28 June 2022 and until the introduction of the Illegal Migration Bill (7 March 2023) … Individuals who have already received a “Group 2” or humanitarian protection decision under post-28 June 2022 policies will be contacted and will have their conditions aligned to those afforded to “Group 1” refugees. This includes length of permission to stay, route to settlement, and eligibility for Family Reunion.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-c9d4da0306680ea3a01c","countryCode":"GB","country":"United Kingdom","title":"Imposition of Visit Visa Requirements for Dominica, Honduras, Namibia, Timor-Leste, and Vanuatu","policyEffect":"Removes visa-free visitor access and adds nationals of Dominica, Honduras, Namibia, Timor-Leste, and Vanuatu to Appendix Visitor: Visa national list.","operativeDate":"2023-07-19","year":2023,"affectedGroup":"Nationals of specified 5 countries","materialConditionsAndExceptions":"","policyCategory":"Border control / short-stay","policyTool":"Not stated","sourceName":"GOV.UK (Home Office) [PerQueryResult(index=\"1.2.1\")].","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1715-19-july-2023","preciseCitation":"Statement of changes to the Immigration Rules: HC 1715, 19 July 2023 [PerQueryResult(index=\"1.2.1\")].; Home Office, Statement of changes to the Immigration Rules: HC 1715, 19 July 2023.","evidencePassage":"conditions or standards which relate to any activity carried on by a business or voluntary or community body. Changes to Appendix Visitor: Visa national list APP VN1. In VN 1.1.(a), after “Djibouti”, insert “Dominica”. APP VN2. In VN 1.1.(a), after “Haiti”, insert “Honduras”. APP VN3. In VN 1.1.(a), after “Myanmar (formerly Burma)”, insert “Namibia”. APP VN4. In VN 1.1.(a), after “Thailand”, insert “Timor-Leste”. APP VN5. In VN 1.1.(a), after “Uzbekistan”, insert “Vanuatu”. APP VN6. After VN 2.2(n), insert: “(o) nationals or citizens of Dominica, Honduras, Namibia, Timor- Leste, and Vanuatu, who hold","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-c9b84aac1bf99b3c6b35","countryCode":"GB","country":"United Kingdom","title":"Ukraine Extension Scheme extends eligibility period and application deadline","policyEffect":"From August 7, 2023, the Ukraine Extension Scheme extended the end of the qualifying UK-permission period from May 16 to November 16, 2023, and extended the application deadline from November 16, 2023 to May 16, 2024. November 16 was an eligibility boundary, not the date these changes came into force.","operativeDate":"2023-08-07","year":2023,"affectedGroup":"Applicants to the ukraine extension scheme","materialConditionsAndExceptions":"Validated condition or limit: November 16 was an eligibility boundary, not the date these changes came into force.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Home Office","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1496-17-july-2023/statement-of-changes-to-the-immigration-rules-hc-1496-17-july-2023-accessible","preciseCitation":"Original Statement of Changes and accompanying explanatory memorandum","evidencePassage":"introduction, for: “on or between 18 March 2022 and 16 May 2023, or if their last permission ended after 1 January 2022. Applications to this scheme must be made on or before 16 November 2023” substitute: “on or between 18 March 2022 and 16 November 2023, or if their last permission ended after 1 January 2022. Applications to this scheme must be made on or before 16 May 2024”. APP UKR2. In UKR 21.2, for “be made on or before 16 November 2023”, substitute “be made on or before 16 May 2024”. APP UKR3. In UKR 21.3, for “16 May 2023”, substitute “16 November 2023”. Changes to Appendix Family Reun … t to Parliament Matters of special interest to the [Joint Committee on Statutory Instruments OR the Select Committee on Statutory Instruments OR the Sifting Committees] 3.1 None. 4. Extent and Territorial Application 4.1 The extent of this Statement of Changes in Immigration Rules (that is, the jurisdiction(s) which the statement forms part of the law of) is all of the United Kingdom. 4.2 The territorial application of this Statement of Changes in Immigration Rules (that is, where the statement produces a practical effect) is all of the United Kingdom. 5. European Convention on Human Rights 5. … a family member (including on appeal), following an application made by 8 August 2023, will still be able to come to the UK. They will be able to apply here to the EUSS where they do so before the expiry of the leave to enter granted by virtue of having arrived in the UK with that entry clearance (or later where they have reasonable grounds for their delay in making their application). Extension of the Ukraine Extension Scheme 7.4 The Ukraine Extension Scheme enables Ukrainian nationals who held permission to enter or stay in the UK on 18 March 2022 (or who held permission which expired on or … effect at 1500 on 17 July 2023. 11.2 to 11.6 APP FRP1 and APP FRP2 The following paragraphs shall take effect on 7 August 2023. INTRO1 11.1 APP AR1 to APP AR4 APP FM1 to APP FM3 APP SW3 to APP SW5 APP SO1 to APP SO2 APP SCU4 to APP SCU6 APP INNF1 APP TWSW1 and APP TWSW2 APP YMS1 APP SPS1 APP HK1 and APP HK2 APP UKR1 to APP UKR3 APP ADR1 to APP ADR9 APP PL1 and APP PL2 HC1160.1 and HC1160.2 The following paragraphs shall take effect on 7 August 2023. In relation to those changes, if an application for entry clearance, leave to enter or leave to remain, has been made before 7 August 2023, such a","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-4f8a58cbec84d29fdf89","countryCode":"GB","country":"United Kingdom","title":"Implementation of Electronic Travel Authorisation (ETA) Requirement for Qatari Nationals","policyEffect":"Implemented the requirement for Qatari nationals to obtain an Electronic Travel Authorisation (ETA) prior to travel to the UK for stays as a visitor or creative worker, taking effect for travel on or after 15 November 2023.","operativeDate":"2023-11-15","year":2023,"affectedGroup":"National of qatar who intends to travel to the uk on or after 15 november 2023","materialConditionsAndExceptions":"Validated condition or limit: Implemented the requirement for Qatari nationals to obtain an Electronic Travel Authorisation (ETA) prior to travel to the UK for stays as a visitor or creative worker, taking effect for travel on or after 15 November 2023.","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"assets.publishing.service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/6408b6e7e90e0740d561954b/E02875509_-_Immigration_Rules_changes_-_HC_1160__Web_Accessible_.pdf","preciseCitation":"https://assets.publishing.service.gov.uk/media/6408b6e7e90e0740d561954b/E02875509_-_Immigration_Rules_changes_-_HC_1160__Web_Accessible_.pdf; https://www.gov.uk/guidance/immigration-rules","evidencePassage":"A24. A person who is a national of a country specified in rule ETA 1.2. must obtain an ETA before travel to the UK unless they have an entry clearance. … The ETA application process will open on 25 October 2023 only for Qatari nationals who intend to travel to the UK on or after 15 November 2023. … ETA 1.2. The applicant must be: (a) a national of Qatar who intends to travel to the UK on or after 15 November 2023 … ETA 1.3. An applicant who is lawfully resident in Ireland and is travelling to the UK from elsewhere in the Common Travel Area does not need to obtain an ETA.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp3-c1b804ee89fa6072cb9f","countryCode":"GB","country":"United Kingdom","title":"Statement of Changes HC 246 – French School Trip Exemption and Administrative Updates","policyEffect":"Implemented provisions allowing school children aged 18 and under studying at an accredited school in France to visit the UK on organized educational trips without passports (using national ID cards for EU/EEA/Swiss nationals) and exempting visa-national children in the group from standard visa requirements. Also updated Part 1, Part 7, Part 9, and Appendix Returning Resident provisions.","operativeDate":"2023-12-07","year":2023,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-246-7-december-2023","preciseCitation":"Statement of Changes in Immigration Rules: HC 246, 7 December 2023.","evidencePassage":"iament and of the Council.”. Changes to Part 1 1.1. In paragraph 11A(g), for “.”, substitute “; or”. 1.2. In paragraph 11A, after subparagraph (g), insert: “ (h) a person aged 18 or under, studying at a school or educational institution in France registered with the French Ministry of Education and seeking to enter the UK as part of a school party of 5 or more pupils organised by that school or institution.”. 1.3. In paragraph 11B, for “subparagraphs (c) to (g)”, substitute “subparagraphs (c) to (h)”. 1.4. After paragraph 11B, insert: “11C. For the purposes of paragraphs 11A(h) and VN 7.0, tha … t person must be listed in a completed and authenticated “France-UK School Trip Travel Information Form” (published by the Home Office on the gov.uk website) in the possession of an adult arriving at the border with responsibility for supervising the party’s travel.”. 1.5. For paragraph 28A, substitute: “28A (a) An application for entry clearance under Appendix Temporary Work-Creative Worker or Appendix International Sportsperson, where the applicant is applying for a period of permission of 12 months or less, may also be made at the post in the country or territory where the applicant is situ … r paragraph VN 6.5, insert: “Exception where the Visitor is a person aged 18 or under on an organised trip from a school in France VN 7.0. Nationals or citizens of any country who are aged 18 or under, studying at a school or educational institution in France registered with the French Ministry of Education and seeking to enter the UK as part of a school party of 5 or more pupils organised by that school or institution, do not need entry clearance before they travel to the UK as a Visitor.”. Changes to Appendix Skilled Worker APP SW1. For SW 19.4, substitute: Page 19 of 43 “SW 19.4. An applica … STATEMENT OF CHANGES IN IMMIGRATION RULES Presented to Parliament pursuant to section 3(2) of the Immigration Act 1971 Ordered by the House of Commons to be printed 7 December 2023 (This document is accompanied by an Explanatory Memorandum) HC 246 STATEMENT OF CHANGES IN IMMIGRATION RULES Presented to Parliament pursuant to section 3(2) of the Immigration Act 1971 Ordered by the House of Commons to be printed 7 December 2023 (This document is accompanied by an Explanatory Memorandum) HC 246 © Crown copyright 2023 This publication is licensed under the terms of the Open Government Licence v3.0","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-9efccf98d1e37b7506b4","countryCode":"GB","country":"United Kingdom","title":"Implementation of Student Visa Dependant Restrictions","policyEffect":"Implemented strict limitations on international students bringing dependants to the UK; only international students enrolled on postgraduate research programmes (such as PhDs and research-based higher degrees) or government-sponsored students remain eligible to sponsor dependants.","operativeDate":"2024-01-01","year":2024,"affectedGroup":"International students and dependants","materialConditionsAndExceptions":"Validated condition or limit: only international students enrolled on postgraduate research programmes (such as PhDs and research-based higher degrees) or government-sponsored students remain eligible to sponsor dependants.","policyCategory":"Family / study","policyTool":"Not stated","sourceName":"Home Office / UK Visas and Immigration","sourceUrl":"https://www.gov.uk/government/collections/immigration-rules-statement-of-changes","preciseCitation":"Home Office, \"New year begins with ban on foreign students bringing family,\" GOV.UK News / HC 1496.","evidencePassage":"Guidance and regulation Detailed guidance, regulations and rules Research and statistics Reports, analysis and official statistics Policy papers and consultations Consultations and strategy Transparency Data, Freedom of Information releases and corporate reports Search GOV.UK × Search GOV.UK Search Search GOV.UK Search Home Entering and staying in the UK News story Tough government action on student visas comes into effect From 1 January 2024, tough government action means most international students can now no longer bring family members to the UK. From: Home Office, UK Visas and Immigration, Tom Pursglove and The Rt Hon James Cleverly MP Published: 2 January 2024 This was published under the 2022 to 2024 Sunak Conservative government Image: Getty Images Restrictions to student visa routes came into effect yesterday, as the government continues to slash migration and curb abuse of the immigration system. International students starting courses this month will no longer be able to bring family members on all but postgraduate research courses and courses with government-funded scholarships. The changes, first announced last May, have also seen people banned from using the student visa as","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-5abbf95144df12edd6e4","countryCode":"GB","country":"United Kingdom","title":"Increase to Right to Rent Civil Penalties on Landlords","policyEffect":"Amends sections 23(2) and 25(4) of the Immigration Act 2014 to increase the maximum civil penalty that may be imposed by the Secretary of State on landlords and agents from £3,000 to £20,000 in respect of a contravention of section 22 regarding residential accommodation for persons without legal immigration status. The amendments do not apply in respect of a penalty notice issued to a landlord or agent in relation to a contravention of section 22 of the Immigration Act 2014 if the contravention occurred solely before the coming into force of this Order.","operativeDate":"2024-02-13","year":2024,"affectedGroup":"Landlords and agents","materialConditionsAndExceptions":"Validated condition or limit: Amends sections 23(2) and 25(4) of the Immigration Act 2014 to increase the maximum civil penalty that may be imposed by the Secretary of State on landlords and agents from £3,000 to £20,000 in respect of a contravention of section 22 regarding residential accommodation for persons without legal immigration status.; The amendments do not apply in respect of a penalty notice issued to a landlord or agent in relation to a contravention of section 22 of the Immigration Act 2014 if the contravention occurred solely before the coming into force of this Order.","policyCategory":"Enforcement / housing & integration","policyTool":"Landlord sanctions / civil fines","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2024/71/contents/made","preciseCitation":"https://www.legislation.gov.uk/uksi/2024/71/contents/made; https://www.legislation.gov.uk:443/uksi/2024/81/pdfs/uksi_20240081_en.pdf; https://www.legislation.gov.uk/uksi/2024/81/contents/made","evidencePassage":"In section 23(2) (penalty notices: landlords) for “£3,000” substitute “£20,000”. (3) In section 25(4) (penalty notices: agents) for “£3,000” substitute “£20,000”. … The amendments made by paragraphs (2) and (3) do not apply in respect of a penalty notice issued to a landlord or agent in relation to a contravention of section 22 of the Immigration Act 2014 if the contravention occurred solely before the coming into force of this Order.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-114da28da8cd980a0b7880bd","countryCode":"GB","country":"United Kingdom","title":"Fees for sponsor approvals under the Sponsor a Worker scheme are introduced.","policyEffect":"Fees for sponsor approvals under the Sponsor a Worker scheme are introduced.","operativeDate":"2024-04-04","year":2024,"affectedGroup":"Employers seeking sponsor approval","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/id/uksi/2024/398","preciseCitation":"","evidencePassage":"17.5.1 and 17.5.2. Amendments relating to Sponsor a Worker 12. —(1) In regulation 2, after the definition of “sponsor”, insert— “ “ Sponsor a Worker ” means the scheme operated by the Secretary of State to give approval to an employer to recruit an individual to a specific work role where that individual is required to make an application for entry clearance, leave to enter or leave to remain in the United Kingdom in order to perform that role; ” . (2) In Schedule 1— (a) in Table 1, in 1.3.6A, 1.3.6B, 1.3.6C, 1.3.6D, 1.3.6G and 1.3.6H, after “has been issued”, in each place it occurs, insert “, … application” and in sub-paragraph (a) of the definition of a “relevant dependant’s application”, after “issued”, in both places it occurs, insert “, or the approval under Sponsor a Worker given,” . (4) In Schedule 4 (sponsorship), in Table 14 (fees in relation to sponsor licences, etc.), after 14.4.4, insert— “ 14.5 Fees for sponsorship approval under Sponsor a Worker 14.5.1 Approving a sponsor under Sponsor a Worker in respect of an application or potential application under Appendix Skilled Worker, Appendix T2 Minister of Religion or Appendix Global Business Mobility - Senior or Specialist … Worker to the immigration rules. £239 14.5.2 Approving a sponsor for a period of 12 months or less under Sponsor a Worker in respect of an application or potential application under Appendix International Sportsperson to the immigration rules. £25 14.5.3 Approving a sponsor for a period of more than 12 months under Sponsor a Worker in respect of an application or potential application under Appendix International Sportsperson to the immigration rules. £239 14.5.4 Approving a sponsor under Sponsor a Worker in respect of an application or potential application under any of the following Appendices to the immigration rules— (a) Appendix Temporary Work - Seasonal Worker; (b) Appendix Temporary Work - Religious Worker; (c) Appendix Temporary Work - Charity Worker; (d) Appendix Temporary Work - Creative Worker; (e) Appendix Temporary Work - International Agreement; (f) Appendix Temporary Work - Government Authorised Exchange; (g) Appendix Scale-up. £25 14.5.5 Approving a sponsor under Sponsor a Worker in respect of an application or potential application under any of the following Appendices to the immigration rules— (a) Appendix Global Business Mobility - Graduate Trainee; (b) Appendix … exception to the requirement to pay that fee, for contact point meetings required under Appendix Innovator Founder of the immigration rules; regulation 9 makes various amendments consequential on the introduction of Appendix HM Armed Forces to the immigration rules; regulation 10 and the table in Schedule 1 increase various fees; regulation 11 combines two (location specific) fees into a single fee for expedited entry using the Border Force fast track service; regulation 12 introduces new fees for the approval of sponsors under the Sponsor a Worker scheme. Regulation 13 makes transitional provision","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4757eaa1cceda7125cd0","countryCode":"GB","country":"United Kingdom","title":"Immigration Fee Regulations Adjustment for Immigration Salary List","policyEffect":"Fee rates formerly associated with the Shortage Occupation List were updated and transitioned to apply only to the new Immigration Salary List (ISL).","operativeDate":"2024-04-04","year":2024,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Fee rates formerly associated with the Shortage Occupation List were updated and transitioned to apply only to the new Immigration Salary List (ISL).","policyCategory":"Skilled work","policyTool":"Fees","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2024/398/made","preciseCitation":"legislation.gov.uk. Immigration Fee Regulations Adjustment for Immigration Salary List. Effective 2024-04-04.","evidencePassage":"means the Immigration and Nationality (Fees) Regulations 2018(4). Amendment of the principal Regulations 2. The principal Regulations are amended in accordance with regulations 3 to 12. Amendments relating to Appendix Immigration Salary List 3.—(1) In regulation 2 (interpretation)— (a)after the definition of “immigration rules” insert— ““immigration salary list certificate of sponsorship” means a certificate of sponsorship issued in respect of employment in an occupation listed in the Immigration Salary List in Appendix Immigration Salary List to the immigration rules;”; (b)omit the definition of “shortage occupation certificate of sponsorship”. (2) In Schedule 1 (applications for entry clearance to enter, and leave to enter, the United Kingdom), in Table 1 (fees for applications for entry clearance to enter or leave to enter the United Kingdom), in 1.3.6C and 1.3.6D, for “shortage occupation”, in each place it occurs, substitute “immigration salary list”; (3) In Schedule 2 (applications for leave to remain in the United Kingdom), in Table 6 (fees for applications for limited leave to remain in the United Kingdom and connected applications), in 6.2.6C and 6.2.6D, for “shortage occupation","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-93bdb614ac2ff67fef5a","countryCode":"GB","country":"United Kingdom","title":"Abolition of Mandatory Sponsor Licence Renewals","policyEffect":"Removes the requirement for sponsor licence holders (Worker and Temporary Worker routes) to apply for and pay for a licence renewal every 4 years, automatically extending existing licences for a period of 10 years and eliminating renewal administrative fees.","operativeDate":"2024-04-06","year":2024,"affectedGroup":"Sponsors, employers","materialConditionsAndExceptions":"Validated condition or limit: Removes the requirement for sponsor licence holders (Worker and Temporary Worker routes) to apply for and pay for a licence renewal every 4 years, automatically extending existing licences for a period of 10 years and eliminating renewal administrative fees.","policyCategory":"Labour / administration","policyTool":"Sponsor licencing","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/workers-and-temporary-workers-guidance-for-sponsors-part-1-apply-for-a-licence","preciseCitation":"UK Visas and Immigration, Workers and Temporary Workers: guidance for sponsors part 1, GOV.UK (March 2024).","evidencePassage":"this document for further guidance on how mergers, takeovers and similar changes may affect you and the action you need to take. C5. Inactive sponsor licences The requirement to renew your sponsor licence every 4 years was removed on 6 April 2024. Once granted, your licence will remain valid for an indefinite period (or for a maximum of 4 years in the case of the UK Expansion Worker and Scale-up routes), unless you either surrender it or we revoke it. The register of licensed sponsors is intended for organisations who are actively using their licence. We will publish further guidance on how we will","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-7b4526c12022927952ff","countryCode":"GB","country":"United Kingdom","title":"Introduction of Digital 'Sponsor a Worker' Scheme","policyEffect":"The UK introduced a digital 'Sponsor a Worker' system to replace the existing Certificate of Sponsorship (CoS) process. Regulations set the fee structure for this new digital system, matching existing CoS costs at £239 for long-term workers and £25 for short-term/temporary workers.","operativeDate":"2024-09-10","year":2024,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Regulations set the fee structure for this new digital system, matching existing CoS costs at £239 for long-term workers and £25 for short-term/temporary workers.","policyCategory":"Skilled work, other, intra company","policyTool":"Sponsorship","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2024/398/pdfs/uksiem_20240398_en_001.pdf","preciseCitation":"Legislation.gov.uk. Introduction of Digital 'Sponsor a Worker' Scheme. Effective 2024-09-10.","evidencePassage":"of the contact point meeting fee in recognition of the contribution of this Government programme to business growth in the UK. A new fee for Sponsor a Worker under sponsorship reformation plan 5.11 A new digital ‘Sponsor a Worker’ process is to be introduced under planned transformation of the sponsorship management system (SMS) for sponsored work routes. The plan is to initially trial the new process in Autumn 2024 in a private beta phase involving a small number of sponsors and to gradually roll out to more sponsors over the next 2 to 4 years. Until the new system and process fully replaces … the current system of allocation and assignment of a Certificate of Sponsorship (CoS), both systems will co-exist during the transition period. Further details will be published in sponsorship guidance on GOV.UK closer to the time of the new system’s introduction. 5.12 To support this change, these Regulations set a fee for the Sponsor a Worker process payable from 10 September 2024 and make some further amendments in the related fee provisions to reflect the introduction of the new system. The new fee will be the same as the existing fee for issuance of a CoS i.e., £239 for Skilled Worker, T2 … Minister of Religion, Global Business Mobility - Senior or Specialist Worker and International Sportsperson for more than 12 months period; and £25 for Temporary Work routes, the rest of the sub-routes within Global Business Mobility and International Sportsperson for a period of 12 months or less. Re-branding of Shortage Occupation List as Immigration Salary List in Immigration Rules 5.13 The existing Appendix Shortage Occupation List to the Immigration Rules in respect of a Skilled Worker route is to be replaced and re-named as Appendix Immigration Salary List from 04 April 2024 (HC 590). These","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d022039cf44120862f45","countryCode":"GB","country":"United Kingdom","title":"Statement of changes to the Immigration Rules: HC 217, 10 September 2024","policyEffect":"Imposition of a visitor visa regime on Jordanian nationals.","operativeDate":"2024-09-10","year":2024,"affectedGroup":"Jordanian nationals","materialConditionsAndExceptions":"","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"assets.publishing.service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/6874b82e10d550c668de3f04/E03196141_-__HC_217__-_EXPLANATORY_MEMORANDUM__Web_Accessible___1_.pdf","preciseCitation":"","evidencePassage":"The changes will impose a Visa regime on Jordan. … The changes to impose a visit visa regime on Jordan will come into effect at 1500 BST on 10 September 2024","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5560e937a01755cdccd0","countryCode":"GB","country":"United Kingdom","title":"Addition of Jordan to the List of Countries Whose Nationals or Citizens Need Transit Visas","policyEffect":"Amends the Immigration (Passenger Transit Visa) Order 2014 to add Jordan to Schedule 1, requiring Jordanian nationals to hold a transit visa to pass through the United Kingdom without entering, subject to a transitional provision for certain pre-booked travel arriving on or before 8th October 2024.","operativeDate":"2024-09-11","year":2024,"affectedGroup":"Nationals or citizens of jordan","materialConditionsAndExceptions":"Validated condition or limit: Amends the Immigration (Passenger Transit Visa) Order 2014 to add Jordan to Schedule 1, requiring Jordanian nationals to hold a transit visa to pass through the United Kingdom without entering, subject to a transitional provision for certain pre-booked travel arriving on or before 8th October 2024.","policyCategory":"Other","policyTool":"Eligibility","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2024/922/made/data.html","preciseCitation":"","evidencePassage":"In Schedule 1 (countries or territories whose nationals or citizens need transit visas), at the appropriate place, insert “Jordan”. … Nothing in article 2 applies in respect of a national or citizen of Jordan transiting through the United Kingdom who— (a) arrives in the United Kingdom on or before 8th October 2024, and (b) before the date this Order comes into force already held a booking for that journey.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-639917a3894174eb4fd4","countryCode":"GB","country":"United Kingdom","title":"Homes for Ukraine Sponsor Payment Eligibility Update","policyEffect":"The UK Government amended eligibility for 'Thank You' payments, restricting payments for new hosting arrangements where a close family relationship exists between the host and the guest.","operativeDate":"2024-10-01","year":2024,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: The UK Government amended eligibility for 'Thank You' payments, restricting payments for new hosting arrangements where a close family relationship exists between the host and the guest.","policyCategory":"Other","policyTool":"Eligibility","sourceName":"knowsley.gov.uk","sourceUrl":"https://www.knowsley.gov.uk/housing/homes-ukraine-scheme/information-sponsors","preciseCitation":"knowsley.gov.uk. Homes for Ukraine Sponsor Payment Eligibility Update. Effective 2024-10-01.","evidencePassage":"guidance for sponsors - GOV.UK When guests apply for a UPE visa, sponsors/hosts should reapply if they wish to continue to receive a monthly thank-you payment. Sponsors/hosts of those previously on Homes for Ukraine visas will be eligible for thank-you payments of £350 a month for the 18-month UPE visa. Thank you payments will not be payable if there is a close family relationship between sponsor/host and guest. Sponsors/hosts who are related to their guests will no longer be eligible for 'thank you' payments when their guest transfers to the UPE visa. This is in line with the changes made for new applications for thank you payments from 1 October 2024. Close family members refers to any of the following: spouse, civil or unmarried partners, parents, parents-in-law, sons or daughters, sons or daughters-in-law, step-sons or step-daughters, siblings, grandparents, or the spouses, civil or unmarried partners of these people. Guides navigation Next A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Using this site Accessibility Contact us Cookies Service privacy notices Terms and conditions Website privacy notice Other Knowsley Websites Culture Knowsley Discover Knowsley Family Information Service","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-1eff947a70754f3b6120","countryCode":"GB","country":"United Kingdom","title":"Implementation of Appendix VIP Delegate Visa Fees","policyEffect":"No fee is payable in respect of an application for entry clearance to enter the United Kingdom as a VIP Delegate under Appendix VIP Delegate Visa to the immigration rules.","operativeDate":"2024-10-10","year":2024,"affectedGroup":"Applications for entry clearance as a vip delegate under appendix vip delegate visa to the immigration rules","materialConditionsAndExceptions":"Validated condition or limit: No fee is payable in respect of an application for entry clearance to enter the United Kingdom as a VIP Delegate under Appendix VIP Delegate Visa to the immigration rules.","policyCategory":"Other","policyTool":"Fees","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2024/928/made/data.xht","preciseCitation":"","evidencePassage":"No fee is payable in respect of an application for entry clearance to enter the United Kingdom as a VIP Delegate under Appendix VIP Delegate Visa to the immigration rules. Fee 1.5.1","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-e24b5fe4bec0f7f904b0","countryCode":"GB","country":"United Kingdom","title":"Student maintenance and accommodation-offset increase","policyEffect":"From 2 January 2025, HC 217 increased the Student-route maintenance amounts in ST 12.3 from £1,334 to £1,483 for each month of a course in London and from £1,023 to £1,136 outside London, in each case for at most nine months, with a part-month rounded up to a whole month. It also increased the maximum accommodation-deposit offset in ST 12.4 from £1,334 to £1,483. Applications for entry clearance, permission to enter or stay, or administrative review made before 2 January 2025 remain governed by the Rules in force on 1 January 2025. The monthly amounts apply to the 'all other cases' rows of ST 12.3, in addition to outstanding course fees stated on the Confirmation of Acceptance for Studies. Residential independent-school students instead require sufficient funds for outstanding course and boarding fees for one academic year. Applicants for permission to stay who have lived in the UK with permission for at least 12 months on the application date meet the financial requirement without showing funds. Applicants as a Student Union Sabbatical Officer or for a recognised foundation programme as a doctor or dentist in training also meet it without showing funds. Subject to that latter exception, ST 12.3 covers entry-clearance applicants and permission-to-stay applicants who have been in the UK with permission for less than 12 months. The offset applies only to an accommodation deposit paid to the student sponsor for accommodation arranged by that sponsor. Course fees already paid must be confirmed on the Confirmation of Acceptance for Studies or by a sponsor receipt. Required funds must ordinarily have been held for 28 days, under Appendix Finance, unless relying on a qualifying student loan or official financial sponsorship meeting FIN 8.3. Appendix Finance retains its account, evidence and timing rules; the 28-day period is counted back from the most recent financial evidence, dated within 31 days before application. Eligible official sponsors include the UK or applicant's national government, British Council, international organisations or companies, universities and independent schools; qualifying loans must come from a government, government-sponsored student-loan company or an appropriately regulated academic or educational loan scheme. If the balance at decision falls substantially below the required amount, the decision maker must be satisfied the spent funds paid outstanding course fees, an accommodation deposit or other costs associated with the proposed UK study. The change is one coordinated Student maintenance-and-offset update, not an increase to every student financial requirement or to dependent-child maintenance.","operativeDate":"2025-01-02","year":2025,"affectedGroup":"International students","materialConditionsAndExceptions":"Validated condition or limit: From 2 January 2025, HC 217 increased the Student-route maintenance amounts in ST 12.3 from £1,334 to £1,483 for each month of a course in London and from £1,023 to £1,136 outside London, in each case for at most nine months, with a part-month rounded up to a whole month.; It also increased the maximum accommodation-deposit offset in ST 12.4 from £1,334 to £1,483.; Applications for entry clearance, permission to enter or stay, or administrative review made before 2 January 2025 remain governed by the Rules in force on 1 January 2025.; Applicants for permission to stay who have lived in the UK with permission for at least 12 months on the application date meet the financial requirement without showing funds.; Subject to that latter exception, ST 12.3 covers entry-clearance applicants and permission-to-stay applicants who have been in the UK with permission for less than 12 months.;…","policyCategory":"Student / education migration","policyTool":"Not stated","sourceName":"Home Office: complete original Statements of Changes and official historical Rules","sourceUrl":"https://assets.publishing.service.gov.uk/media/6874b77a2cfe301b5fb67b13/E03196141_-_HC_217_-_Immigration_Rules_Changes__Web_Accessible___1_.pdf","preciseCitation":"Home Office, \"Statement of changes to the Immigration Rules: HC 217\", laid 10 September 2024, taking effect 2 January 2025.","evidencePassage":"4 and APP SO5 • APP SO7 to APP SO11 • APP ISL1 to APP ISL2 • APP HK1 to APP HK17 • APP VDA1 to APP VDA3 • APP AD1 to APP AD18 • APP PL1 TO APP PL13 • APP AF(GHK)2 to APP AF(GHK)4 • APP EL1 • APP KOLUK1 • APP FIN1 Page 3 of 75 • APP CR1 to APP CR29 • APP RWP1 • APP CHI1 TO APP CHI3 The following paragraphs shall take effect at 0900 BST on 9 October 2024. In relation to those changes, if an application for entry clearance, for permission to enter or for permission to stay, has been made before 0900 BST on 9 October 2024, such applications will be decided in accordance with the Immigration Rules in force on 8 October 2024: • APP BP1 • APP AF(GHK)1 The following paragraphs shall take effect on 10 October 2024. In relation to those changes, if an application for entry clearance, permission to enter, permission to stay, has been made before 10 October 2024, such applications will be decided in accordance with the Immigration Rules in force on 9 October 2024: • APP DEL1 The following paragraphs shall take effect on 8 November 2024. In relation to those changes, if an application for entry clearance, for an Electronic Travel Authorisation, for permission to enter or for permission to stay, or an application for administrative review has been made before 8 November 2024, such applications will be decided in accordance with the Immigration Rules in force on 7 November 2024: • 9.4 and 9.5 • APP FM-SE1 to APP FM-SE5 • APP FRP1 • APP CNP1 The following paragraphs shall take effect on 2 January 2025. In relation to those changes, if an application for entry clearance, for permission to enter or for permission to stay, or an application for administrative review has been made before 2 January 2025, such applications will be decided in accordance with the Immigration Rules in force on 1 January 2025: • APP ST1 to APP ST3 The following paragraphs shall take effect on 18 February 2025: • APP V1 to APP V10 • APP PA1 Page 4 of 75 The following paragraphs shall take effect on 11 March 2025: • APP VN1 • APP VN3 to APP VN9 Review Before the end of each review period, the Secretary of State undertakes to review all of the relevant Immigration Rules including any Relevant Rule amended or added by these changes. The Secretary of State will set out the conclusions of the review in a report and publish the report. The report must in particular: (a) consider each of the Relevant Rules and whether or not each Relevant Rule achieves its objectives and is still appropriate; and (b) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation. “Review period” means: (a) the period of five years beginning on 6 April 2017; and (b) subject to the paragraph below, each successive period of five years. If a report under this provision is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published. “Relevant Rule” means an Immigration Rule which: imposes requirements, restrictions or conditions, or sets standards, in relation to any activity carried on by a business or voluntary or community body; or relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions or standards which relate to any activity carried on by a business or voluntary or community body. Changes to Introduction APP INTRO1. In paragraph 6.2(b), for definition of “Parent”, substitute: Page 5 of 75 ““Parent” means: (a) biological parent; and (b) legal parent, including birth mother where the child is not genetically related, spouse or civil partner of the birth mother at the time of the child’s birth, and person with a parental order under section 54, or section 54A of the Human Fertilisation and Embryology Act 2008; and (c) adoptive parent: (i) who, when habitually resident outside the UK, adopted a child in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the UK; or (ii) whose adopted child has been granted permission under Appendix Adoption, or Part 8 of these Rules, and, if applicable, the adoption has been formally completed in the UK.”. Changes to Part 7 7.1. Delete paragraphs 276DI to 276AI. Changes to Part 9 9.1. In paragraph 9.1.1(a), for “9.16.2”, substitute “9.13B.2”. 9.2. In paragraph 9.1.1(f), for “9.16.2”, substitute “, 9.13B.2”. 9.3. In paragraph 9.1.1(q), for “9.16.2”, substitute “9.13B.2”. 9.4. In paragraph 9.1.2(e), delete “.”. 9.5. After paragraph 9.1.2(e), insert: “(f) Appendix Family Reunion (Protection) (g) Appendix Child staying with or joining a Non-Parent Relative (Protection).”. 9.6. For paragraph 9.8.4, substitute: “9.8.4. In paragraphs 9.8.1, 9.8.2, 9.8.3, and 9.8.3A, a person will only be treated as having previously breached immigration laws if, when they were aged 18 or older, they: (a) overstayed their permission and neither paragraph 9.8.5. nor paragraph 9.8.6. apply; or (b) breached a condition attached to their permission and entry Page 6 of 75 clearance or further permission was not subsequently granted in the knowledge of the breach; or (c) were (or still are) an illegal entrant; or (d) used deception in relation to an application (whether or not successfully).”. 9.7. After paragraph 9.13A.2, insert: “Medical grounds 9.13B.1. Entry clearance or permission to enter must be refused where a medical inspector advises that for medical reasons it is undesirable to grant entry clearance or permission to enter, unless the decision maker is satisfied that there are strong compassionate reasons justifying admission. 9.13B.2. Entry clearance or permission to enter held by a person may be cancelled where a medical inspector advises that for medical reasons it is undesirable to grant entry to the person.”. 9.8. Delete paragraph 9.16.1. 9.9. Delete paragraph 9.16.2. Changes to Part 11 11.1. For paragraph 349, substitute: “","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-fabc047c359bbd61c409","countryCode":"GB","country":"United Kingdom","title":"Electronic Travel Authorisation (ETA) Enforcement for Non-European Non-Visa Nationals","policyEffect":"Under Immigration Rules Appendix ETA (introduced via HC 217), non-European non-visa nationals (including citizens of the USA, Canada, Australia, Japan, and 44 other countries) became legally required to hold an Electronic Travel Authorisation prior to traveling to the UK for visits up to 6 months or Creative Worker concessions.","operativeDate":"2025-01-08","year":2025,"affectedGroup":"Non-visa non-european visitors","materialConditionsAndExceptions":"Validated condition or limit: Under Immigration Rules Appendix ETA (introduced via HC 217), non-European non-visa nationals (including citizens of the USA, Canada, Australia, Japan, and 44 other countries) became legally required to hold an Electronic Travel Authorisation prior to traveling to the UK for visits up to 6 months or Creative Worker concessions.","policyCategory":"Border control / short-term entry authorization","policyTool":"Not stated","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-217-10-september-2024","preciseCitation":"Home Office, \"Statement of changes to the Immigration Rules: HC 217\", Appendix ETA implementation provisions, GOV.UK.","evidencePassage":"and Seema Malhotra MP Published: 27 November 2024 This was published under the 2024 to 2026 Starmer Labour government Getty Images The UK government is introducing electronic travel authorisation (ETA) for millions of visitors who pass through the UK border every year, including 6 million from the USA, Canada, and Australia. From today all eligible non-European visitors can apply for an ETA and will need one to travel to the UK from 8 January 2025. Next year, we will open ETA to eligible Europeans, who will be able to apply from 5 March 2025 and will need an ETA to travel to the UK from 2 April … digital age. Through light-touch screening before people step foot in the UK, we will keep our country safe while ensuring visitors have a smooth travel experience. An ETA costs £10, permits multiple journeys, and lasts for 2 years or until the holder’s passport expires – whichever is sooner. Once granted, ETAs are digitally linked to a traveller’s passport and allow for stays of up to 6 months at a time – including both short trips and more extended stays. An ETA is not a visa, it is a digital permission to travel. All travellers to the UK – except British and Irish citizens – will need permission","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-5d8753a5ed6691a24e2a","countryCode":"GB","country":"United Kingdom","title":"Homes for Ukraine Parental Sponsorship Concession","policyEffect":"Operational policy under the Homes for Ukraine Guidance was amended to allow Ukrainian parents and legal guardians holding permission under any of the Ukraine Schemes (or Leave Outside the Rules granted due to the war) to act as eligible sponsors for their own children to come to the UK, relaxing the standard sponsor rule which otherwise required British/Irish citizenship or settled status.","operativeDate":"2025-01-31","year":2025,"affectedGroup":"Ukrainian minors and parent permission holders","materialConditionsAndExceptions":"Validated condition or limit: Operational policy under the Homes for Ukraine Guidance was amended to allow Ukrainian parents and legal guardians holding permission under any of the Ukraine Schemes (or Leave Outside the Rules granted due to the war) to act as eligible sponsors for their own children to come to the UK, relaxing the standard sponsor rule which otherwise required British/Irish citizenship or settled status.","policyCategory":"Humanitarian / family reunification","policyTool":"Not stated","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/guidance/homes-for-ukraine-guidance-for-sponsors-children-and-minors-applying-without-parents","preciseCitation":"UK Home Office / Department for Levelling Up, Housing and Communities, \"Homes for Ukraine: guidance for sponsors\", GOV.UK, updated 31 January 2025.","evidencePassage":"Immigration Rules as compared to the concession and requires the planned sponsor to undergo safeguarding checks before the visa application is made. For more information, refer to the section ‘Children who apply after 10 August 2022’ of this guidance. On 31 January 2025, sponsor eligibility requirements under the HFU scheme were amended to enable a parent or legal guardian with permission under any of the Ukraine Schemes (or leave outside the rules (LOTR) granted due to the conflict in Ukraine before the Ukraine Schemes were introduced) to sponsor their child under the HFU scheme, provided the … application, unless they are a parent or legal guardian sponsoring their child. Page 14 of 39 Published for Home Office staff on 13 August 2025 On 31 January 2025, sponsor eligibility requirements under the HFU Scheme were amended. A parent or legal guardian with permission under any of the Ukraine Schemes (or LOTR granted due to the conflict in Ukraine before the Ukraine Schemes were introduced) is eligible to sponsor their child under the HFU, provided the sponsor and the applicant meet all the other requirements under the HFU scheme. When asked about their immigration status on the ‘Ukraine Sponsorship","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-0a013f8d01c0c7da3705","countryCode":"GB","country":"United Kingdom","title":"Seasonal Worker Route eVisa Implementation Exemption","policyEffect":"Home Office administrative guidance on eVisa rollouts confirmed a continuing carve-out and specific operational instructions for Seasonal Worker visa holders, retaining physical vignette travel documentation rather than requiring mandatory digital-only status verification during early 2025 transitions due to the ultra-short duration of contracts.","operativeDate":"2025-02-04","year":2025,"affectedGroup":"Seasonal agricultural workers","materialConditionsAndExceptions":"Validated condition or limit: Home Office administrative guidance on eVisa rollouts confirmed a continuing carve-out and specific operational instructions for Seasonal Worker visa holders, retaining physical vignette travel documentation rather than requiring mandatory digital-only status verification during early 2025 transitions due to the ultra-short duration of contracts.","policyCategory":"Temporary labour migration / border admin","policyTool":"Not stated","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/online-immigration-status-evisas","preciseCitation":"UK Visas and Immigration, \"eVisa transition operational guidance updates\", GOV.UK, February 2025.","evidencePassage":"minor amendments to reflect the change to the supernumerary definition. 4 February 2025 The guidance has been updated to clarify that seasonal workers will continue to be issued with a visa vignette and will not receive an eVisa. 9 December 2024 Updated to reflect that biometric residence permits (BRPs) are no longer issued. 18 November 2024 Updated the guidance to confirm the quota for 2025 in the Seasonal Worker route. 8 October 2024 This guidance has been updated in line with the Autumn 2024 Immigration Rules changes, including a change in evidential requirements of expenses paid to applicants","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-fb5a040271ef7f7f5eab","countryCode":"GB","country":"United Kingdom","title":"Skilled Worker Occupation Code 9119 Classification Update","policyEffect":"Clarification of eligibility criteria for occupation code 9119 (Fishing and other elementary agriculture occupations) within the Skilled Worker route.","operativeDate":"2025-02-13","year":2025,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Clarification of eligibility criteria for occupation code 9119 (Fishing and other elementary agriculture occupations) within the Skilled Worker route.","policyCategory":"Skilled work","policyTool":"Eligibility","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/skilled-worker-visa-eligible-occupations","preciseCitation":"www.gov.uk. Skilled Worker Occupation Code 9119 Classification Update. Effective 2025-02-13.; UK Visas and Immigration, \"Skilled Worker visa: eligible occupations and codes\", GOV.UK, updated 13 February 2025.","evidencePassage":"2025 — See all updates Get emails about this page Documents Skilled Worker visa: eligible occupations and codes HTML Details A list of eligible occupations and codes for the Skilled Worker visa. Updates to this page Published 1 December 2020 Last updated 22 July 2025 — Show all updates 22 July 2025 Updated to reflect changes to the Immigration Rules which came into force on 22 July 2025. 9 April 2025 Updated job titles. 13 February 2025 Updated the eligible and ineligible jobs under 9119: Fishing and other elementary agriculture occupations not elsewhere classified. 4 April 2024 Updated to reflect","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ff75a7adc0b1a6274c1b","countryCode":"GB","country":"United Kingdom","title":"Termination of Permission to Travel (PTT) Letters for Ukraine Schemes","policyEffect":"The government ended the use of open-ended Permission to Travel (PTT) letters for Ukraine schemes. All applicants are now required to obtain entry clearance prior to travelling to the UK.","operativeDate":"2025-02-13","year":2025,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: All applicants are now required to obtain entry clearance prior to travelling to the UK.","policyCategory":"Other","policyTool":"Documentation","sourceName":"HC 334 Statement of Changes","sourceUrl":"https://assets.publishing.service.gov.uk/media/674596b6bdeffdc82cffe0ec/E03247522_-_HC_334_-_Immigration_Rules_Changes__Web_Accessible_.pdf","preciseCitation":"HC 334 Statement of Changes. Termination of Permission to Travel (PTT) Letters for Ukraine Schemes. Effective 2025-02-13.; Home Office, \"Statement of Changes to the Immigration Rules: HC 334\", paragraph UKR 11.2 & Explanatory Memorandum.","evidencePassage":"have provided biometrics when required; and”. APP UKR4. In UKR 11.3, for “Where” substitute “If”. APP UKR5. In UKR 11.3A, for “Where” substitute “If”. APP UKR6. In UKR 11.3A, after “application” insert “for entry clearance”. APP UKR7. For UKR 11.3A(a), substitute: “(a) they must have provided biometrics when required; and”. APP UKR8. In UKR 11.3A(c), after “UK” insert “on the date of application”. APP UKR9. For UKR 13.1, substitute: “UKR 13.1. A person seeking to come to the UK under the Homes for Ukraine Sponsorship Scheme must apply for and obtain entry clearance under Appendix Ukraine Scheme … before they arrive in the UK.”. APP UKR10. For UKR 14.1 substitute: “UKR 14.1. The Secretary of State may vary an application for entry clearance to an application for permission to stay if the applicant meets the following requirements: (a) has made an application for entry clearance which has not been decided; and (b) has been given a letter from the Home Office confirming the applicant can travel to the UK under a Ukraine Scheme; and (c) is granted permission to enter on arrival in the UK; and (d) provides biometrics when required after arrival in the UK.”. APP UKR11. For UKR 14A.1, substitute","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b8c603f2dc5753d57446","countryCode":"GB","country":"United Kingdom","title":"Implementation of Diplomatic Visa Arrangement (DVA)","policyEffect":"Under HC 217, the UK introduced the new Diplomatic Visa Arrangement (DVA), a multi-entry visa category replacing or complementing existing visitor frameworks for diplomatic passport holders visiting the UK on official and standard visitor activities. The DVA application process opens on 18 February 2025 for specific nationals travelling on or after 11 March 2025.","operativeDate":"2025-02-18","year":2025,"affectedGroup":"Foreign diplomats and official delegates holding diplomatic passports from specified countries","materialConditionsAndExceptions":"Validated condition or limit: The DVA application process opens on 18 February 2025 for specific nationals travelling on or after 11 March 2025.","policyCategory":"Diplomatic / official visits","policyTool":"Not stated","sourceName":"assets.publishing.service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/6874b77a2cfe301b5fb67b13/E03196141_-_HC_217_-_Immigration_Rules_Changes__Web_Accessible___1_.pdf","preciseCitation":"Home Office, \"Statement of Changes to the Immigration Rules: HC 217\", Appendix Diplomatic Visa Arrangement.","evidencePassage":"Diplomatic Visa Arrangement (DVA) Visitor: for individuals holding a valid diplomatic passport who are visiting the UK, nominated through a Note Verbale from their sending government. DVA Visitors may apply for a visit visa for 2 years validity, however each stay in the UK must not exceed 6 months. … The following paragraphs shall take effect on 18 February 2025: • APP V1 to APP V10 • APP PA1 … The DVA Visitor application process will open on 18 February 2025 for nationals set out at V15A.4 who intend to travel to the UK on or after 11 March 2025. … V 15A.4. The applicant must travel on or after 11 March 2025 and be: (a) a national of the People’s Republic of China who holds a diplomatic passport issued by the People’s Republic of China; or (b) a national of Indonesia who holds a diplomatic passport issued by Indonesia; or (c) a national of South Africa who holds a diplomatic passport issued by South Africa; or (d) a national of Turkey who holds a diplomatic passport issued by Turkey; or (e) a national of Vietnam who holds a diplomatic passport issued by Vietnam. … V.2.3A. An application for entry clearance as a Diplomatic Visa Arrangement Visitor must meet all the following requirements: (a) the applicant must be aged 18 or older on the date of application; and (b) the applicant must have a valid diplomatic passport which satisfactorily establishes the applicant’s identity and nationality. … V 15A.1. The decision maker must be satisfied that the Diplomatic Visa Arrangement Visitor’s application is supported by a Note Verbale issued by the government of their nationality.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-1bdfa7731abb70328e4d","countryCode":"GB","country":"United Kingdom","title":"Right to Work Enforcement Guidance for Licensed Premises","policyEffect":"The Home Office issued updated operational guidance and enforcement instructions on preventing illegal working within alcohol and late-night refreshment licensed premises, setting revised standards for local licensing authority reviews and civil penalty referrals.","operativeDate":"2025-02-24","year":2025,"affectedGroup":"Employers, hospitality sector licensees, undocumented workers","materialConditionsAndExceptions":"Validated condition or limit: The Home Office issued updated operational guidance and enforcement instructions on preventing illegal working within alcohol and late-night refreshment licensed premises, setting revised standards for local licensing authority reviews and civil penalty referrals.","policyCategory":"Enforcement / illegal working penalties","policyTool":"Not stated","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/right-to-work-checks-code-of-practice","preciseCitation":"UK Home Office, \"Guidance on Preventing Illegal Working in Licensed Premises\", GOV.UK, 24 February 2025.","evidencePassage":"guidance to add power to examine offshore workers under paragraph 2(1) and (1A) of schedule 2 to the 1971 Act, to clarify general power of examination under paragraph 2 of schedule 2 to the 1971 Act and to clarify power to search premises with warrant under paragraph 25A(6A) of schedule 2 to the 1971 Act. 28 February 2025 Added an accessible version of 'Preventing illegal working in licensed premises and the Home Office role as a responsible authority in England and Wales'. 24 February 2025 Updated the 'Preventing illegal working in licensed premises and the Home Office role as a responsible authority in England and Wales' guide. Added 'Section 179 of the Licensing Act 2003: right of entry to premises being used for a licensable activity' 14 November 2024 Guidance on 'post enforcement visit actions' has been updated. A full list of the changes is available in the document. 24 October 2024 Updated the guidance on Identifying people at risk. 14 October 2024 Guidance on 'Enforcement visits' has been updated. A full list of the changes is available in the document. 15 July 2024 Published version 14.0 of the critical incident management guidance. A full list of changes can be found in the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0f5412c5c744f2a44515","countryCode":"GB","country":"United Kingdom","title":"Visa National Requirement Imposed on Nationals of Trinidad and Tobago","policyEffect":"Trinidad and Tobago was added to the UK Visa National List in Appendix Visitor: Visa National List, removing visa-free travel and requiring nationals to obtain entry clearance prior to departure. Nationals or citizens of Trinidad and Tobago who hold a confirmed booking to the UK made before 15:00 GMT on 12 March 2025 where arrival in the UK is no later than 15:00 BST on 23 April 2025 are excepted from the visa requirement.","operativeDate":"2025-03-12","year":2025,"affectedGroup":"Nationals and citizens of trinidad and tobago","materialConditionsAndExceptions":"Validated condition or limit: Nationals or citizens of Trinidad and Tobago who hold a confirmed booking to the UK made before 15:00 GMT on 12 March 2025 where arrival in the UK is no later than 15:00 BST on 23 April 2025 are excepted from the visa requirement.","policyCategory":"Border control / visas","policyTool":"Not stated","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/67d15dd3a6d78876a3fb09fb/E03305284_-_HC_733_-_Immigration_Rules_Changes__Web_Accessible_.pdf","preciseCitation":"Statement of Changes in Immigration Rules HC 733, APP VN1-APP VN3 and APP ETANL1, effective 15:00 GMT 12 March 2025","evidencePassage":"The following paragraphs shall take effect at 1500 GMT on 12 March 2025. • APP VN1 to APP VN3 … APP VN1. In VN 1.1(a), after “Togo”, insert “Trinidad and Tobago”. … APP VN3. After the deleted VN 2.2(p), insert: “(q) nationals or citizens of Trinidad and Tobago, who hold a confirmed booking to the UK made before 15:00 GMT on 12 March 2025 where arrival in the UK is no later than 15:00 BST on 23 April 2025.”. … nationals or citizens of Trinidad and Tobago","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-588c2881c9b16627118c","countryCode":"GB","country":"United Kingdom","title":"Electronic Travel Authorisation (ETA) Requirement Rollout for European Nationals","policyEffect":"An Electronic Travel Authorisation (ETA) application process opens on 5 March 2025 for nationals set out at Immigration Rules Appendix ETA National List ETANL 1.1(d) who intend to travel to the UK on or after 2 April 2025. Applications must be made via the UK ETA mobile app or specified online form, provide an email address, pay the required fee, provide a national passport establishing identity and nationality, and provide a digital facial image. Applicants must be seeking permission to enter as a Visitor (excluding Marriage/Civil Partnership) for up to 6 months, as a Creative Worker under CRV 3.2, or making a local journey from the Republic of Ireland having entered outside the common travel area or with expired leave (and not as an S2 Healthcare Visitor). Exemptions apply for those lawfully resident in the Republic of Ireland travelling from elsewhere in the CTA, British Overseas Territory Citizens, British Nationals (Overseas), and certain school pupils from France or Germany aged 19 or under in organized school parties of 5 or more. An ETA is valid for 2 years or until passport expiry, whichever is sooner, and allows multiple journeys.","operativeDate":"2025-04-02","year":2025,"affectedGroup":"Nationals set out at immigration rules appendix eta national list etanl 1.1(d) seeking to travel to the uk on or after 2 april 2025","materialConditionsAndExceptions":"Validated condition or limit: An Electronic Travel Authorisation (ETA) application process opens on 5 March 2025 for nationals set out at Immigration Rules Appendix ETA National List ETANL 1.1(d) who intend to travel to the UK on or after 2 April 2025.; Applications must be made via the UK ETA mobile app or specified online form, provide an email address, pay the required fee, provide a national passport establishing identity and nationality, and provide a digital facial image.; Applicants must be seeking permission to enter as a Visitor (excluding Marriage/Civil Partnership) for up to 6 months, as a Creative Worker under CRV 3.2, or making a local journey from the Republic of Ireland having entered outside the common travel area or with expired leave (and not as an S2 Healthcare Visitor).; An ETA is valid for 2 years or until passport expiry, whichever is sooner, and allows multiple journeys.","policyCategory":"Border control","policyTool":"Electronic travel authorisation / entry requirement","sourceName":"Home Office / UK Visas and Immigration","sourceUrl":"https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-electronic-travel-authorisation","preciseCitation":"UK Visas and Immigration and Home Office, Europeans can now apply for an Electronic Travel Authorisation (ETA) to travel to the UK and will need one from 2 April 2025, GOV.UK (published 5 March 2025).","evidencePassage":"The holder of an ETA will need to obtain permission to enter on arrival in the UK but can be refused entry if they require an ETA and do not have one. … The ETA application process will then open on 5 March 2025 for nationals set out at Immigration Rules Appendix ETA National List ETANL 1.1(d) who intend to travel to the UK on or after 2 April 2025. … ETA 1.1. An application for an ETA must meet the following requirements: (a) the application must be made in accordance with the application process on the gov.uk website using either the mobile application ‘UK ETA’ or the specified online form: ‘Apply for an ETA to come to the UK’; and (b) the applicant must provide an email address which can be used by the Home Office to contact them; and (c) the required fee must be paid; and (d) the applicant must provide, in accordance with the application process, a national passport which satisfactorily establishes their identity and nationality as a national included at ETANL 1.1 Appendix ETA National List; and (e) the applicant must provide a facial image in accordance with the application process and which complies with the rules for digital photos on ‘https://www.gov.uk/photos-for-passports’; and (f) the applicant must be either: (i) seeking permission to enter the UK as a Visitor (other than a Marriage/Civil Partnership Visitor), staying in the UK for up to 6 months; or (ii) seeking permission to enter the UK as a Creative Worker who is seeking entry to the UK pursuant to paragraph Appendix Temporary Work - Creative Worker at CRV 3.2; or (iii) a person making a local journey from the Republic of Ireland having entered that Republic from a place outside the common travel area, or having left the UK whilst having a limited leave to enter or remain there which has since expired, who is not a S2 Healthcare Visitor. … ETA 1.3. An applicant who is lawfully resident in the Republic of Ireland and is travelling to the UK from elsewhere in the Common Travel Area does not need to obtain an ETA. … ETA 1.7. A person who is a British Overseas Territory Citizen or a British National (Overseas) does not require an ETA. … ETA 1.9. ETA Nationals who are aged 18 or under, studying at a school or educational institution in France registered with the French Ministry of Education and seeking to enter the UK as part of a school party of 5 or more pupils organised by that school or institution, do not require an ETA before they travel to the UK as a Visitor. … ETA 1.10. ETA Nationals who are aged 19 or under, studying at a school or educational institution in Germany, the existence of which is confirmed by the relevant German municipal or competent authority, and seeking to enter the UK as part of a school party of 5 or more organised by that school or institution, do not require an ETA before they travel to the UK as a Visitor. … ETA 4.1. An ETA will be valid for 2 years from the date of grant or until the expiry of the holder’s passport used in the ETA application, whichever is sooner. … ETA 4.2. A person holding a valid ETA may make multiple journeys to the UK, for the purpose of seeking permission to enter on arrival as either: (a) a Visitor, seeking entry for up to 6 months on each occasion; or (b) a Creative Worker who is seeking entry to the UK pursuant to Appendix Temporary Work – Creative Worker at CRV 3.2.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-21421dc9a963365644ec","countryCode":"GB","country":"United Kingdom","title":"Care Worker Recruitment Mandate and Record-Keeping","policyEffect":"Employers sponsoring Care Workers (SOC 6135) or Senior Care Workers (SOC 6136) with working locations entirely in England must meet specific domestic recruitment and confirmation requirements before hiring new arrivals.","operativeDate":"2025-04-09","year":2025,"affectedGroup":"Employers sponsoring care workers (soc 6135) or senior care workers (soc 6136) with working locations entirely in england","materialConditionsAndExceptions":"Validated condition or limit: Employers sponsoring Care Workers (SOC 6135) or Senior Care Workers (SOC 6136) with working locations entirely in England must meet specific domestic recruitment and confirmation requirements before hiring new arrivals.","policyCategory":"Other, skilled work","policyTool":"Sponsorship","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-733-12-march-2025/statement-of-changes-to-the-immigration-rules-hc-733-12-march-2025-accessible-version","preciseCitation":"","evidencePassage":"The following paragraphs shall take effect on 9 April 2025. In relation to those changes, if an application for entry clearance or permission to stay has been made using a certificate of sponsorship issued by a sponsor to an applicant before 9 April 2025, or if an application which does not require a certificate of sponsorship has been made before 9 April 2025, such applications will be decided in accordance with the Immigration Rules in force on 8 April 2025: INTRO1 APP SW1 to APP SW10 … If the applicant is being sponsored for a job with working locations entirely in England in either of the SOC 2020 occupation codes “6135 Care workers and home carers” or “6136 Senior care workers” … and: (a) is applying for entry clearance; or (b) is applying for permission to stay, and was not last granted permission: (i) as a Skilled Worker, sponsored in either of the SOC 2020 occupation codes in (a), or the SOC 2010 occupation codes “6145 Care workers and home carers” or “6146 Senior care workers”, or (ii) in any other route, and has been legally working for the sponsor in one of these occupation codes for at least the three months ending on the date of application; the requirements in SW 6.1C must be met. … SW 6.1C. Where SW 6.1B applies: (a) the sponsor must have tried to recruit for the job the applicant is being sponsored for, from the pool of Skilled Workers who: (i) are in the UK; (ii) were last sponsored in an occupation code in SW 6.1B; and (iii) are in need of new sponsorship because their sponsor has lost its licence or has not provided sufficient work , or have been identified by the relevant regional or sub-regional partnership (set up for the purpose of delivering activity which prevents and responds to exploitative employment practices with international recruitment of care staff, in the area in which the sponsor is located or recruiting) as a worker requiring assistance in obtaining new sponsorship; and (b) the sponsor must provide confirmation from the regional or sub-regional partnership in (a)(iii) that the requirement in (a) has been met; and (c) the sponsor must confirm that no suitable workers were available from this pool of Skilled Workers.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-ddf3c2356b056277079ec0d1","countryCode":"GB","country":"United Kingdom","title":"increased fee amounts","policyEffect":"increased fee amounts","operativeDate":"2025-04-09","year":2025,"affectedGroup":"Applicants for entry clearance, leave to remain, nationality and passports","materialConditionsAndExceptions":"Validated condition or limit: increased fee amounts","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/id/uksi/2025/363","preciseCitation":"","evidencePassage":"which set fees for the exercise of various functions in connection with immigration and nationality) and the Passport (Fees) Regulations 2022 ( S.I. 2022/660 ) (which set fees for the exercise of various functions in connection with passports). Regulations 2 to 11 and Schedules 1 to 7 amend Schedules 1 to 4 and 6 to 10 to the principal Regulations, replacing existing fee amounts with increased fee amounts. Regulations 3 and 4 amend certain references the Immigration Rules in Schedules 1 and 2 to the principal Regulations. This is because Part 7 of the Immigration Rules was replaced by Appendix Afghan","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-e4975c68556e0fbe18c5","countryCode":"GB","country":"United Kingdom","title":"Global Business Mobility salary threshold increase","policyEffect":"Increase in the general salary threshold for the GBM Senior or Specialist Worker route from £48,500 to £52,500 per year.","operativeDate":"2025-07-22","year":2025,"affectedGroup":"Global business mobility applicants","materialConditionsAndExceptions":"Validated condition or limit: Increase in the general salary threshold for the GBM Senior or Specialist Worker route from £48,500 to £52,500 per year.","policyCategory":"Intra company","policyTool":"Eligibility","sourceName":"assets.publishing.service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/6863a3ea08bf2f5376121a67/E03394848_-_HC_997_-_Immigration_Rules_Changes__Print_Ready_.pdf","preciseCitation":"","evidencePassage":"In SNR 8.1, for “£48,500”, substitute “£52,500”.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ced72a5140bd3f882a60","countryCode":"GB","country":"United Kingdom","title":"Introduction of Irish Citizen Registration Route and Associated Fees","policyEffect":"The Home Office established a dedicated nationality registration pathway for Irish citizens to obtain British citizenship, with set application fees of £723 for adults and £607 for children.","operativeDate":"2025-07-22","year":2025,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"New pathway","sourceName":"UK Government","sourceUrl":"https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-1-july-2025","preciseCitation":"gov.uk. Introduction of Irish Citizen Registration Route and Associated Fees. Effective 2025-07-22.","evidencePassage":"from 1 July 2025 Fee change Naturalisation (British citizenship) [footnote 5] £1,605 £1,605 £0 Naturalisation British overseas territory citizens £1,070 £1,070 £0 Nationality registration as a British citizen - adult [footnote 5] £1,446 £1,446 £0 Nationality registration as a British citizen - child [footnote 6] £1,214 £1,214 £0 Nationality registration as a British citizen (under provisions for Irish citizens) - adult [footnote 5] - Route can be applied for from 22 July 2025 only n/a £723 £0 Nationality Registration as a British citizen (under provisions for Irish citizens) - child [footnote … 6] - Route can be applied for from 22 July 2025 only n/a £607 £0 The arrangement of a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony). £130 £130 £0 The administration of a citizenship oath, or oath and pledge where the oath, or oath and pledge, are not administered at a citizenship ceremony or by a justice of the peace. £5 £5 £0 Nationality registration - British overseas territory citizen, British overseas citizens, British Subjects, British protected persons - adult £964 £964 £0 Nationality registration - British overseas territory citizen","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-26f2780d38c17d9d2817","countryCode":"GB","country":"United Kingdom","title":"Suspension and Closure of Refugee Family Reunion Route to New Applications","policyEffect":"The Refugee Family Reunion route under Appendix Family Reunion (Sponsors with Protection) is closed to new applications pending a review. Applications made before 1500 on 4 September 2025 by a partner or child of a person with protection status will be decided under the Appendix Family Reunion (Sponsors with Protection) rules in force on that date. In any other case, the partner or child of a person with protection status must apply under Appendix FM to stay with or join that person until further notice.","operativeDate":"2025-09-04","year":2025,"affectedGroup":"Partner or child of a person with protection status making new applications","materialConditionsAndExceptions":"Validated condition or limit: Applications made before 1500 on 4 September 2025 by a partner or child of a person with protection status will be decided under the Appendix Family Reunion (Sponsors with Protection) rules in force on that date.; In any other case, the partner or child of a person with protection status must apply under Appendix FM to stay with or join that person until further notice.","policyCategory":"Family","policyTool":"Eligibility","sourceName":"Statement of Changes to the Immigration Rules: HC 1298","sourceUrl":"https://assets.publishing.service.gov.uk/media/68b861a7cc8356c3c882aa3e/E03439964_-_HC_1298_-_Immigration_Rules_Changes__Web_Accessible_.pdf","preciseCitation":"Statement of Changes to the Immigration Rules: HC 1298. Suspension of Refugee Family Reunion Route. Effective 2025-09-04.; UK Home Office, Statement of Changes to the Immigration Rules: HC 1298, laid 4 September 2025.","evidencePassage":"This Appendix, also known as refugee family reunion, is now closed to new applications pending a review. … Delete FRP1.1. to FRP 10.1. … The changes in this Statement of Changes shall take effect at 1500 BST on 4 September 2025. … In any other case, the partner or child of a person with protection status must apply under Appendix FM to stay with or join that person until further notice. … FRP 11.1. Applications made before 1500 on 4 September 2025 by a partner or child of a person with protection status will be decided under the Appendix Family Reunion (Sponsors with Protection) rules in force on that date. In any other case, the partner or child of a person with protection status must apply under Appendix FM to stay with or join that person until further notice.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-118f5075f1d56529733a","countryCode":"GB","country":"United Kingdom","title":"Botswana visitor-visa requirement and closure of new ETA applications","policyEffect":"At 15:00 BST on 14 October 2025, HC 1333 added Botswana to VN 1.1(a), the nationality list requiring entry clearance in advance, and removed Botswana from the ETA National List. This correction covers the visitor-visa change and linked closure of new ETA applications, not the separate direct-airside-transit change of 15 October 2025. An ETA is not a continuing alternative for Botswana nationals who fall under the new visit-visa requirement. A time-limited exception was inserted at VN 2.2(r): Botswana nationals or citizens with a confirmed UK booking made before 15:00 BST on 14 October 2025 can arrive no later than 15:00 GMT on 25 November 2025 without obtaining a visit visa under this nationality change. The official explanatory memorandum describes this transition for travellers already holding an ETA and explains that new ETA applications close at the introduction time. The exception does not cover visits longer than six months or visits to marry, form a civil partnership or give notice, except the statutory 'relevant national' qualification in VN 2.3(a). Ordinary visitor eligibility and permission-to-enter requirements still apply; this is not an unconditional right of admission. The accompanying official historical Rules preserve the distinction between an ETA and entry permission: an ETA holder still needs permission to enter on arrival, while a person already holding valid entry clearance or permission to enter or stay does not need an ETA. The transition's later arrival deadline is expressly GMT, while the introduction and booking cutoff are BST. This record does not newly count the accepted separate Botswana direct-airside-transit measure or assert that all existing visas or UK permissions were cancelled.","operativeDate":"2025-10-14","year":2025,"affectedGroup":"Visitors / transit passengers","materialConditionsAndExceptions":"Validated condition or limit: An ETA is not a continuing alternative for Botswana nationals who fall under the new visit-visa requirement.; A time-limited exception was inserted at VN 2.2(r): Botswana nationals or citizens with a confirmed UK booking made before 15:00 BST on 14 October 2025 can arrive no later than 15:00 GMT on 25 November 2025 without obtaining a visit visa under this nationality change.; The official explanatory memorandum describes this transition for travellers already holding an ETA and explains that new ETA applications close at the introduction time.; The exception does not cover visits longer than six months or visits to marry, form a civil partnership or give notice, except the statutory 'relevant national' qualification in VN 2.3(a).; Ordinary visitor eligibility and permission-to-enter requirements still apply; The transition's later arrival deadline is expressly GMT, while the…","policyCategory":"Border control / entry requirements","policyTool":"Visa requirement / eta eligibility","sourceName":"Home Office: complete original Statements of Changes and official historical Rules","sourceUrl":"https://assets.publishing.service.gov.uk/media/68ee3f1582670806f9d5e043/E03453738_-_HC_1333_-_Immigration_Rules_Changes__Web_Accessible_.pdf","preciseCitation":"Home Office, Statement of changes to the Immigration Rules: HC 1333, 14 October 2025.","evidencePassage":"STATEMENT OF CHANGES IN IMMIGRATION RULES Presented to Parliament pursuant to section 3(2) of the Immigration Act 1971 Ordered by the House of Commons to be printed 14 October 2025 (This document is accompanied by an Explanatory Memorandum) HC 1333 STATEMENT OF CHANGES IN IMMIGRATION RULES Presented to Parliament pursuant to section 3(2) of the Immigration Act 1971 Ordered by the House of Commons to be printed 14 October 2025 (This document is accompanied by an Explanatory Memorandum) HC 1333 © Crown copyright 2025 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Queries should be directed to the Home Office as per the ‘Contact UKVI’ section on the visas and immigration pages of the GOV.UK website at https://www.gov.uk/government/organisations/uk-visas-and-immigration. Specific written queries relating to this Statement of Changes should be directed to StateofChanges@homeoffice.gov.uk. Please note that this mailbox is only for Parliamentary use and specific technical queries regarding the drafting of this Statement of Changes. It is not a contact point for general enquiries. Queries to this e-mail address from outside Parliament about other immigration issues, including how these changes affect applications, will not receive a response. A copy of this Statement of Changes can be found at www.gov.uk/official-documents and also on the visas and immigration pages of the GOV.UK website at www.gov.uk/government/collections/immigration-rules-statement-of-changes ISBN 978-1-5286-6024-2 E03453738 10/25 Printed on paper containing 40% recycled fibre content minimum Printed in the UK by HH Associates Ltd. on behalf of the Controller of His Majesty’s Stationery Office STATEMENT OF CHANGES IN IMMIGRATION RULES1 The Home Secretary has made the changes hereinafter stated in the rules laid down by them as to the practice to be followed in the administration of the Immigration Acts for regulating entry into and the stay of persons in the United Kingdom and contained in the statement laid before Parliament on 23 May 1994 (HC 395) as amended. The amending statements were laid before, or presented to, Parliament on 20 September 1994 (Cm 2663), 26 October 1995 (HC 797), 4 January 1996 (Cm 3073), 7 March 1996 (HC 274), 2 April 1996 (HC 329), 29 August 1996 (Cm 3365), 31 October 1996 (HC 31), 27 February 1997 (HC 338), 29 May 1997 (Cm 3669), 5 June 1997 (HC 26), 30 July 1997 (HC 161), 11 May 1998 (Cm 3953), 7 October 1998 (Cm 4065), 18 November 1999 (HC 22), 28 July 2000 (HC 704), 20 September 2000 (Cm 4851), 28 August 2001 (Cm 5253), 16 April 2002 (HC 735), 27 August 2002 (Cm 5597), 7 November 2002 (HC 1301), 26 November 2002 (HC 104), 8 January 2003 (HC 180), 10 February 2003 (HC … 31 March 2003 (HC 538), 30 May 2003 (Cm 5829), 24 August 2003 (Cm 5949), 12 November 2003 (HC 1224), 17 December 2003 (HC 95), 12 January 2004 (HC 176), 26 February 2004 (HC 370), 31 March 2004 (HC 464), 29 April 2004 (HC 523), 3 August 2004 (Cm 6297), 24 September 2004 (Cm 6339), 18 October 2004 (HC 1112), 20 December 2004 (HC 164), 11 January 2005 (HC 194), 7 February 2005 (HC 302), 22 February 2005 (HC 346), 24 March 2005 (HC 486), 15 June 2005 (HC 104), 12 July 2005 (HC 299), 24 October 2005 (HC 582), 9 November 2005 (HC 645), 21 November 2005 (HC 697), 19 December 2005 (HC 769), 23 January 2006 (HC 819), 1 March 2006 (HC 949), 30 March 2006 (HC 1016), 20 April 2006 (HC 1053), 19 July 2006 (HC 1337), 18 September 2006 (Cm 6918), 7 November 2006 (HC 1702), 11 December 2006 (HC 130), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), 24 April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120), 10 February 2010 (HC 367), 18 March 2010 (HC 439), 28 June 2010 (HC 59), 15 July 2010 (HC 96), 22 July 2010 (HC 382), 19 August 2010 (Cm 7929), 1 October 2010 (Cm 7944), 21 December 2010 (HC 698), 16 March 2011 (HC 863), 31 March 2011 (HC 908), 13 June 2011 (HC 1148), 19 July 2011 (HC 1436), 10 October 2011 (HC 1511), 7 November 2011 (HC 1622), 8 December 2011 (HC 1693), 20 December 2011 (HC 1719), 19 January 2012 (HC 1733), 15 March 2012 (HC 1888), 4 April 2012 (Cm 8337), 13 June 2012 (HC 194), 9 July 2012 (HC 514), 19 July 2012 (Cm 8423), 5 September 2012 (HC 565), 22 November 2012 (HC 760), 12 December 2012 (HC 820), 20 December 2012 (HC 847), 30 January 2013 (HC 943), 7 February 2013 (HC 967), 11 March 2013 (HC 1038), 14 March 2013 (HC 1039), 9 April 2013 (Cm 8599), 10 June 2013 (HC 244), 31 July 2013 (Cm 8690), 6 September 2013 (HC 1 This Statement of Changes can be viewed at https://www.gov.uk/government/collections/immigration-rules-statement-of-changes 1 628), 9 October 2013 (HC 686), 8 November 2013 (HC 803), 9 December 2013 (HC 887), 10 December 2013 (HC 901), 18 December 2013 (HC 938), 10 March 2014 (HC 1130), 13 March 2014 (HC 1138), 1 April 2014 (HC 1201), 10 June 2014 (HC 198), 10 July 2014 (HC 532), 16 October 2014 (HC 693), 26 February 2015 (HC 1025), 16 March 2015 (HC1116), 13 July 2015 (HC 297), 17 September 2015 (HC 437), 29 October 2015 (HC535), 11 March 2016 (HC 877), 3 November 2016 (HC 667), 16 March 2017 (HC 1078), 20 July 2017 (HC 290), 7 December 2017 (HC 309), 15 March 2018 (HC 895), 15 June 2018 (HC 1154), 20 July 2018 (Cm 9675), 11 October 2018 (HC 1534), 11 December 2018 (HC 1779), 20 December 2018 (HC 1849), 7 March 2019 (HC 1919), 1 April 2019 (HC 2099), 9 September 2019 (HC 2631), 24 Oc","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-13d30b63fbccc5532dad","countryCode":"GB","country":"United Kingdom","title":"Discontinuation of Sponsor Premium Customer Service","policyEffect":"Permanent closure of the Premium Customer Service for Worker and Temporary Worker licensed sponsors. Guidance pages are withdrawn, and annual fee options of £8,000 and £25,000 are revoked.","operativeDate":"2025-11-11","year":2025,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Guidance pages are withdrawn, and annual fee options of £8,000 and £25,000 are revoked.","policyCategory":"Skilled work","policyTool":"Sponsorship","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2025/1108/pdfs/uksiem_20251108_en_001.pdf","preciseCitation":"legislation.gov.uk. Discontinuation of Sponsor Premium Customer Service. Effective 2025-11-11.","evidencePassage":"certain exceptions for further applications in transit to be considered (Statement of Changes to the Immigration Rules, HC 997, 1 July 2025). 5.11 At present ARAP applicants (both main and dependants (including children)) are exempt from fees when applying from outside the UK for indefinite leave to enter, or within the UK for leave to remain and settlement. 5.12 This instrument amends the existing fee exemption provision by updating a cross reference to the amended Appendix ARAP in the Immigration Rules and deleting 3 CO/EM/2025.1 references which are no longer relevant. The scope and operation of the existing fee exemption for eligible ARAP applicants remain unchanged. This is a technical amendment to align the fee exemption with the current Immigration Rules and does not constitute a change in policy. Amendments to premium service for sponsors 5.13 Following an internal review certain changes are being made to the premium services offered to sponsors on work and study visa routes, which are optional services available on payment of an additional fee. Closure of annual premium service package for sponsors 5.14 This service is currently offered to licensed sponsors on work visa routes, providing enhanced year-round support to the immigration process for employing overseas workers and temporary workers. The service will be discontinued as it has become less relevant and no longer offers the premium value it once did; since its introduction, the immigration system has seen several user-focused improvements, and alternative support channels within the Home Office have become more accessible to sponsors. A similar service for sponsors on the student visa route (including universities and schools/colleges) was closed in October 2023, without a negative impact on overall sponsor services. This change is being made with an aim to optimise usage of the department's resources by maintaining the customer service standards. 5.15 Accordingly, this service will cease for sponsors on work visa routes from 11 November 2025. This instrument removes the associated fees of £8,000 and £25,000 per annum from that date, as the service will no longer be available. Premium service for expediting sponsor licence applications 5.16 This premium service is available to sponsors offering expedited processing of sponsor licence applications for an additional fee of £500, which is payable … The fee changes through this instrument will come into force on 11 November 2025. In relation to changes in fee exceptions, updated information and guidance for members of the public and staff will be published on the GOV.UK website when the changes take effect on 11 November 2025. The fee table on GOV.UK, which sets out all immigration and nationality fees, will be updated to reflect the revised premium service fees for sponsors on the date this instrument is laid.1 Part Two: Impact and the Better Regulation Framework 9. Impact Assessment 9.1 A full Impact Assessment has not been prepared for this","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-f8d7e994a6f275555044","countryCode":"GB","country":"United Kingdom","title":"In-Country Switching and Self-Employment Concession from Student to Innovator Founder Route","policyEffect":"Amends Student work conditions to permit applicants who have applied for permission on the Innovator Founder route while holding Student permission to be self-employed while their application is pending.","operativeDate":"2025-11-25","year":2025,"affectedGroup":"International students / graduate entrepreneurs","materialConditionsAndExceptions":"","policyCategory":"Student, skilled work","policyTool":"Eligibility, permission to work","sourceName":"assets.publishing.service.gov.uk","sourceUrl":"https://assets.publishing.service.gov.uk/media/68ee3f1582670806f9d5e043/E03453738_-_HC_1333_-_Immigration_Rules_Changes__Web_Accessible_.pdf","preciseCitation":"https://assets.publishing.service.gov.uk/media/68ee3f1582670806f9d5e043/E03453738_-_HC_1333_-_Immigration_Rules_Changes__Web_Accessible_.pdf; https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1333-14-october-2025/explanatory-memorandum-to-the-statement-of-changes-to-the-immigration-rules-hc-1333-14-october-2025-accessible","evidencePassage":"APP ST6. For ST 26.8 substitute: “A Student may be self-employed, if: (a) they have applied for permission on the Innovator Founder route; and (b) that application is supported by an endorsement from an Innovator Founder endorsing body; and (c) the application was made when the applicant had permission as a Student; and (d) a decision has not been made on the application, or where the application has been refused, any Administrative Review against a refusal has not been finally determined.”. … The following paragraph shall take effect on 25 November 2025: • APP ST6 … A Student may be self-employed, if: (a) they have applied for permission on the Innovator Founder route; … (a) they have applied for permission on the Innovator Founder route; and (b) that application is supported by an endorsement from an Innovator Founder endorsing body; and (c) the application was made when the applicant had permission as a Student; and (d) a decision has not been made on the application, or where the application has been refused, any Administrative Review against a refusal has not been finally determined.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0b4c9041985a39d2e918","countryCode":"GB","country":"United Kingdom","title":"Introduction of Visa National Requirement for Nationals of Nauru (HC 1491)","policyEffect":"Statement of Changes HC 1491 amends Appendix Visitor: Visa National List to include nationals and citizens of Nauru, ending ETA eligibility for Nauru citizens subject to a standard transition grace period for pre-booked arrivals through 15:00 GMT on 20 January 2026.","operativeDate":"2025-12-09","year":2025,"affectedGroup":"Nauru nationals or citizens seeking to visit or enter the united kingdom under visa-national rules","materialConditionsAndExceptions":"Validated condition or limit: Statement of Changes HC 1491 amends Appendix Visitor: Visa National List to include nationals and citizens of Nauru, ending ETA eligibility for Nauru citizens subject to a standard transition grace period for pre-booked arrivals through 15:00 GMT on 20 January 2026.","policyCategory":"Border control / entry requirements","policyTool":"Visa requirement / eta eligibility","sourceName":"Home Office / UK Visas and Immigration (UKVI)","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1491-9-december-2025/statement-of-changes-to-the-immigration-rules-hc-1491-9-december-2025-accessible","preciseCitation":"Home Office, Statement of changes to the Immigration Rules: HC 1491, 9 December 2025.","evidencePassage":"APP VN1. In VN 1.1(a), after “Namibia”, insert “Nauru”. … APP ETANL1. In ETANL 1.1(c), delete “Nauru”.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-5d5591ac2986bf96e6b2","countryCode":"GB","country":"United Kingdom","title":"Form and Manner Specification for Carrier Passenger and Service Information (Direction 2026)","policyEffect":"Prescribes revised mandatory technical specifications, electronic data exchange formats, and interface control documents (including Advance Passenger Information for Rail and Maritime Carriers, National Maritime Single Window Cruise Guide, and PNRGOV EDIFACT messaging via IBM MQ) for commercial air, maritime, and international rail carriers submitting passenger, crew, and service information to the Home Office, replacing the 2023 Direction. Phase scope: Universal across all international air, maritime, and rail carriers operating to or from Great Britain/UK.","operativeDate":"2026-01-07","year":2026,"affectedGroup":"Commercial international passenger carriers and incoming travelers","materialConditionsAndExceptions":"","policyCategory":"Border control","policyTool":"Data intake and carrier verification mandate","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/6992fe16492ea446ea7f444c/The_Immigration__Form_and_Manner_of_Passenger_and_Service_Information__Direction_2026.pdf","preciseCitation":"The Immigration (Form and Manner of Passenger and Service Information) Direction 2026, signed under paragraphs 27B(8) and 27B(8A) of Schedule 2 to the Immigration Act 1971.","evidencePassage":"THE IMMIGRATION (FORM AND MANNER OF PASSENGER AND SERVICE INFORMATION) DIRECTION 2026 The Secretary of State makes the following Direction-in exercise of the powers conferred by paragraphs 278(8) and 27B(8A) of Schedule 2 to the Immigration Act 1971.1 • 1. This Direction may be cited as the Immigration (Form and Manner of Passenger and Service Information) Direction 2026 and comes into operation on 07 January 2026. Form and Manner requirements in respect of the provision of all passenger and service information by the owner or agent of an aircraft or ship or the person operating an international rail service or their agent (\"the operator\")2 2, Where the owner or agent of an aircraft, is subject to a requirement under paragraph 27B of Schedule 2 to the Immigration Act 1971 to provide passenger and service information specified in Schedules 1 and 2 to the Immigration and Police (Passenger, Crew and Service Information) Order 2024 (\"the 2024 Order\")3, that passenger and service information must be provided as specified in the UK Generic Carrier Interface Control Document (reference UK_ICD_D0081) (Version 14.2 or later). 3, Where the owner or agent of a ship (other than a cruise ship) … or the operator of an international rail service is subject to a requirement under paragraph 27B of Schedule 2 to the Immigration Act 1971 to provide passenger and service information as specified in Schedules 1 and 2 to the 2024 Order, that passenger and service information must be provided electronically and securely as specified in the Advance Passenger Information (API) for Rail and Maritime Carriers Interface Control Document (reference RM_API_ICD} (Version 1.7 or later). 4. Where the owner or agent of a cruise ship is subject to a requirement under paragraph 278 of Schedule 2 to the Immigration Act 1971 to provide passenger and service information as specified in Schedules 1 and 2 to the 2024 Order, that passenger and service information must be provided electronically and securely as specified in the document - National Maritime Single Window - a Guide for Cruise operators (v.1 or later). 5. The owner or agent of an aircraft, ship or the operator of an international rail service must provide that information in an electronic form that is compatible with the technology used by the Home Office and by means of a system which enables the carrier to send and receive communications … service to provide the required information in accordance with paragraph 5, the owner or agent or the operator will provide the required information in an alternative form and manner with the prior agreement of an immigration officer. Form and Manner requirements in respect of Passenger Name Record Data by the owner or agent of an aircraft, ship or the operator of an international rail service 7. Where the owner or agent of an aircraft is subject to a requirement under paragraph 27B(2) of Schedule 2 to the Immigration Act 1971 to provide any passenger or service information specified by Schedule 3 to the 2024 Order, the owner or agent must provide that information using the PNRGOV EDIFACT message type (version 11.1 or later) and the IBM MQ transmission protocol. 8. Where the owner or agent of a ship or the operator of an international rail service is subject to a requirement under paragraph 278(2) of Schedule 2 to the Immigration Act 1971 to provide any passenger or service information specified by Schedule 3 to the 2024 Order, the owner or agent or the operator must provide that information as specified in the Passenger Name Record (PNR) data for Rail and Maritime Carriers Interface Control Document (reference RM_PNR_ICD) (v2.3 or later). 9. In circumstances where there has been a technical failure meaning it is not possible for the owner or agent of an aircraft, ship or the operator of an international rail service to provide the required information in accordance with paragraph 7 or 8 respectively, the owner or agent or the operator will, with prior agreement of an immigration officer, provide the information in an alternative form and manner providing the alternative form and · manner provides a level of security in relation to the protection' of personal data equivalent … to the method referred to in paragraphs 7 or 8 respectively; and 10. The Immigration (Form and Manner of Passenger and Service Information) Direction 2023 is revoked. Rt. Hon. Mike Tapp Minister for Migration and Citizenship (Parliamentary Under Secretary of State)","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-40792686b998dd821a5a","countryCode":"GB","country":"United Kingdom","title":"B2 English requirement with same-route B1 exceptions for Skilled Worker and Scale-up","policyEffect":"From 8 January 2026, HC 1333 raised the English-language level from CEFR B1 to B2 for the Skilled Worker, High Potential Individual and Scale-up routes through the linked points-table and English-language provisions. The requirement concerns all four components: reading, writing, speaking and listening. Applications for entry clearance, ETA, permission to enter or stay, or administrative review made before8January2026 remain decided under the Rules in force on7January2026. For Skilled Worker, the B1 level remains available only where the applicant's most recent permission was as a Skilled Worker and that permission was granted subject to a B1 requirement. For Scale-up, the analogous exception requires the applicant's most recent permission to have been as a Scale-up worker granted subject to a B1 requirement. The retained B1 level is not an exception for anyone who ever held either route or met B1 in an unrelated immigration category. The High Potential Individual substitution raises its points-table level to B2 without either of those same-route B1 exceptions. The amendments also replace the formerly fixed B1 wording in SW7.1, HPI6.1 and SCU9.1 with references to the level specified in their respective points tables. They change the required level, not establish a universal obligation to sit a new language test. The route provisions continue to direct applicants to Appendix English Language, including its applicable exemptions and accepted ways of meeting the requirement. Those include having already shown the level required for the current application in a prior successful application, qualifying nationality or academic evidence, an approved test at the required component levels, qualifying UK-school English qualifications, and the Skilled Worker professional-regulation route for sponsored doctors, dentists, nurses, midwives and veterinarians. The latter requires an English assessment accepted by the relevant regulated professional body for registration. A previously demonstrated lower level alone does not meet a higher current level outside the express same-route exceptions. This record covers this linked three-route English-level change only, not unrelated HC1333 salary, suitability or visa-national changes.","operativeDate":"2026-01-08","year":2026,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: The requirement concerns all four components: reading, writing, speaking and listening.; For Skilled Worker, the B1 level remains available only where the applicant's most recent permission was as a Skilled Worker and that permission was granted subject to a B1 requirement.; For Scale-up, the analogous exception requires the applicant's most recent permission to have been as a Scale-up worker granted subject to a B1 requirement.; The retained B1 level is not an exception for anyone who ever held either route or met B1 in an unrelated immigration category.; They change the required level, not establish a universal obligation to sit a new language test.; The route provisions continue to direct applicants to Appendix English Language, including its applicable exemptions and accepted ways of meeting the requirement.; Those include having already shown the level required for the current…","policyCategory":"Talent, skilled work, other","policyTool":"Eligibility","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/68ee3f1582670806f9d5e043/E03453738_-_HC_1333_-_Immigration_Rules_Changes__Web_Accessible_.pdf","preciseCitation":"Statement of Changes to the Immigration Rules (HC 1333). English Language Requirement Increase for Skilled Work Routes. Effective 2026-01-08.; Statement of Changes in Immigration Rules: HC 1333, Part Suitability & English Language.","evidencePassage":"PP ST8 • APP STS1 • APP CS1 and APP CS2 • APP PC1 and APP PC2 • APP GR1 to APP GR5 • APP SW1 and APP SW2 • APP SW4 to APP SW7 • APP SW9 to APP SW16 • APP SO1 to APP SO8 • APP ISL1 • APP GBM1 to APP GBM29 • APP MOR1 to APP MOR8 • APP ROB1 to APP ROB8 • APP UKA1 to APP UKA8 • APP GT1 to APP GT13 3 • APP GTP1 to APP GTP3 • APP HPI3 and APP HPI4 • APP HPI8 and APP HPI9 • APP SCU1 and APP SCU2 • APP SCU4 • APP SCU6 to APP SCU11 • APP SU1 to APP SU4 • APP INNF1 to APP INNF8 • APP ISP1 to APP ISP8 • APP ODW1 • APP DW1 to APP DW8 • APP DWMS1 and APP DWMS2 • APP TWSW2 • APP YMS1 and APP YMS2 • APP CRV1 to APP CRV4 • APP RW1 to APP RW4 • APP CW1 to APP CW4 • APP IA1 to APP IA4 • APP GAE1 to APP GAE5 • APP HK1 to APP HK12 • APP UKR1 to APP UKR15 • APP ARAP1 and APP ARAP2 • APP UEATS1 and APP UEATS2 • APP VTS1 and APP VTS2 • APP FRP1 • APP CRP1 and APP CRP2 • APP ADR1 to APP ADR7 • APP LR1 to APP LR6 • APP VDA1 and APP VDA2 • APP BP1 • APP AD1 to APP AD5 • APP PL1 to APP PL15 • APP SF1 to APP SF10 • APP AF(GHK)1 to APP AF(GHK)5 • APP RR1 • APP CR1 and APP CR2 • APP RWP1 • APP CHI1 and APP CHI2 The following paragraphs shall take effect on 11 November 2025. In relation to those changes, if an application for entry clearance, for an Electronic Travel Authorisation, for permission to enter or for permission to stay, or an application for administrative 4 review has been made before 11 November 2025, such applications will be decided in accordance with the Immigration Rules in force on 10 November 2025: • INTRO2 and INTRO3 • 14.1 and 14.2 • APP FM1 to APP FM17 • APP FM20 to APP FM23 • APP FM25 to APP FM28 • APP ST3 to APP ST5 • APP CS3 to APP CS9 • APP SGB1 and APP SGB2 • APP GAES1 to APP GAES3 • APP S1 The following paragraphs shall take effect on 11 November 2025. In relation to those changes, if an application for entry clearance or permission to stay has been made using a certificate of sponsorship issued by a sponsor to an applicant before 11 November 2025, such applications will be decided in accordance with the Immigration Rules in force on 10 November 2025: • APP TWSW1 • APP TWSW3 and APP TWSW4 The following paragraph shall take effect on 25 November 2025: • APP ST6 The following paragraphs shall take effect on 8 January 2026. In relation to those changes, if an application for entry clearance, for an Electronic Travel Authorisation, for permission to enter or for permission to stay, or an application for administrative review has been made before 8 January 2026, such applications will be decided in accordance with the Immigration Rules in force on 7 January 2026: • APP SW3 • APP SW8 • APP HPI5 and APP HPI6 • APP SCU3 • APP SCU5 Review Before the end of each review period, the Secretary of State undertakes to review all of the relevant Immigration Rules including any Relevant Rule amended or added by 5 these changes. The Secretary of State will set out the conclusions of the review in a report and publish the report. The report must in particular: (a) … each of the Relevant Rules and whether or not each Relevant Rule achieves its objectives and is still appropriate; and (b) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation. “Review period” means: (a) the period of five years beginning on 6 April 2017; and (b) subject to the paragraph below, each successive period of five years. If a report under this provision is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published. “Relevant Rule” means an Immigration Rule which: imposes requirements, restrictions or conditions, or sets standards, in relation to any activity carried on by a business or voluntary or community body; or relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions or standards which relate to any activity carried on by a business or voluntary or community body. Changes to Introduction INTRO1. In Paragraph 6.2 for the definition of “Global Universities List” substitute: ““Global Universities List” means the list of universities published by the Home Office on the Gov.uk website, which is compiled on an annual basis and consists of non-UK institutions ranked in the top 100, subject to any exclusions the Secretary of State considers appropriate, of at least two of the following ranking systems: (a) Times Higher Education World University Rankings; and (b) Quacquarelli Symonds World University Rankings; and (c) The Academic Ranking of World Universities.”. 6 INTRO2. In paragraph 6.2(b), after the definition of “Grandparent” insert new definition: ““Guardianship organisation” in Appendix Child Student means an organisation, with the approval of the Child Student’s parent, legal guardian or school, that arranges a nominated guardian for a Child Student.”. INTRO3. In paragraph 6.2(b), for the definition of “Nominated guardian”, substitute: ““Nominated guardian” in Appendix Child Student means a person aged 18 years old or over who is appointed by a guardianship organisation or the Child Student’s parent, legal guardian, or school as the Child Student’s carer in the UK for less than 28 continuous days and/or is the school’s emergency contact in the UK for the Child Student. The person must not be: (a) a private foster carer (for the purposes of section 66 of the Children’s Act 1989); or (b) a close relative; or (c) the Child Student’s parent or legal guardian who has permission as a Parent of a Child Student; or (d) where the Child Student is full, weekly, or flexi boarding, a member of staff at their sponsoring school.”. INTRO4. In 6.2(b), for “Permission to Stay” substitute: ““Permission to stay” has the same meaning as leave to remain under the Immigration Act 1971 (and includes a variation of leave to enter or remain and an extension of leave to enter or remain). And references in th","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-e030c61c30c3c500f777","countryCode":"GB","country":"United Kingdom","title":"Automated Cancellation Upon Notice of Liability (NOL)","policyEffect":"System upgrades now ensure that serving a Notice of Liability (NOL) to an overstayer automatically triggers the immediate cancellation of their original leave, facilitating direct referral to Immigration Enforcement.","operativeDate":"2026-03-01","year":2026,"affectedGroup":"Individuals served with a Notice of Liability (overstayers)","materialConditionsAndExceptions":"Applies when a Notice of Liability is served, updating status and ensuring routine referral to Immigration Enforcement.","policyCategory":"enforcement","policyTool":"administrative_policy","sourceName":"Home Office Response to ICIBI Inspection","sourceUrl":"https://gov.uk/government/publications/response-to-an-inspection-on-overstayers/response-to-an-inspection-on-overstayers","preciseCitation":"Response to an inspection on overstayers, Recommendation 2: Record keeping and Information Management","evidencePassage":"Work to enhance Notice of Liability information (which notifies customers as overstayers) was implemented in March 2026. This ensures that when a NOL is served, the original leave is also cancelled and thus status is updated. Completing these actions will ensure that customers who should be referred to Immigration Enforcement are being referred routinely.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-74beec58445a556a37355f07","countryCode":"GB","country":"United Kingdom","title":"Passenger transit-visa requirement for Nicaraguan and St Lucian nationals","policyEffect":"Nicaragua and St Lucia nationals or citizens require transit visas to pass through the United Kingdom without entering.","operativeDate":"2026-03-06","year":2026,"affectedGroup":"Nationals or citizens of nicaragua or st lucia","materialConditionsAndExceptions":"Recorded validated scope: The requirement does not apply where the journey was booked before commencement and UK arrival is on or before 16 April 2026.","policyCategory":"Migration policy","policyTool":"","sourceName":"UK Legislation","sourceUrl":"https://www.legislation.gov.uk/uksi/2026/208/made/data.xht","preciseCitation":"Immigration (Passenger Transit Visa) (Amendment) Order 2026, SI 2026/208, arts. 1-3","evidencePassage":"Immigration (Passenger Transit Visa) Order 2014 2. —(1) The Immigration (Passenger Transit Visa) Order 2014( 2 ) is amended as follows. (2) In Schedule 1 (countries or territories whose nationals or citizens need transit visas), at the appropriate places, insert— (a) “Nicaragua”; (b) “St Lucia”. Transitional provision 3. Nothing in article 2 applies in respect of a national or citizen of Nicaragua or St Lucia transiting through the United Kingdom who— (a) arrives in the United Kingdom on or before 16th April 2026, and (b) before the date this Order comes into force already held a booking for that … journey. Mike Tapp Parliamentary Under Secretary of State Home Office 4th March 2026 EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Immigration (Passenger Transit Visa) Order 2014 ( S.I. 2014/2702 ) which requires certain passengers to hold a transit visa to pass through the United Kingdom without entering whilst transiting to another country. Schedule 1 to that Order sets out a list of countries or territories whose nationals or citizens need transit visas, and this Order adds Nicaragua and St Lucia to that list. Article 3 of this Order contains a transitional provision","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b8de034c5436e8fbc153","countryCode":"GB","country":"United Kingdom","title":"Extension Application Window Increased for Ukraine Permission Extension Scheme","policyEffect":"Caseworker guidance was updated to reflect a rule change allowing applicants with an expiring 18-month Ukraine Permission Extension (UPE) grant to apply for an additional 24-month extension within 90 days of their visa's expiry, an increase from the previous 28-day window.","operativeDate":"2026-04-08","year":2026,"affectedGroup":"Ukrainian Permission Extension scheme applicants and visa holders","materialConditionsAndExceptions":"Applies both to those extending permission and first-time applicants; remaining permission on current status is added to the new grant.","policyCategory":"adjudication","policyTool":"guidance","sourceName":"reigate-banstead.gov.uk","sourceUrl":"https://reigate-banstead.gov.uk/info/20429/community/1061/refugee_support/2","preciseCitation":"Reigate & Banstead Borough Council, Ukrainian refugee sponsors' information, 'Homes for Ukraine Scheme Latest update: April 2026'","evidencePassage":"From 8th April 2026 , Ukraine Permission Extension scheme changes will allow eligible people to continue their stay in the UK through a further 24-month grant of permission. The application window is being widened so people can apply up to 90 days before their current permission expires, instead of 28 days.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-21d579513aad20c83b98","countryCode":"GB","country":"United Kingdom","title":"GBM Secondment Worker overseas-employment requirement reduced from 12 to 6 months","policyEffect":"Reduced the required minimum period of prior overseas employment with the overseas business from 12 months down to 6 months for individuals applying under the GBM Secondment Worker route.","operativeDate":"2026-04-08","year":2026,"affectedGroup":"Seconded corporate transferees / foreign workers","materialConditionsAndExceptions":"Validated condition or limit: Reduced the required minimum period of prior overseas employment with the overseas business from 12 months down to 6 months for individuals applying under the GBM Secondment Worker route.","policyCategory":"Labour migration / intra-corporate & contract mobility","policyTool":"Eligibility requirement relaxation","sourceName":"UK Home Office","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1619-5-march-2026/explanatory-memorandum-to-the-statement-of-changes-in-the-immigration-rules-hc-1691-5-march-2026-accessible","preciseCitation":"Statement of Changes in Immigration Rules HC 1691 and explanatory memorandum, effective 8 April 2026","evidencePassage":"Previously, applicants must have worked for their overseas employer for at least 12 months. We are reducing this qualifying period to six months to provide greater flexibility for businesses and attract more high-value contracts to the UK. … The following paragraphs shall take effect on 8 April 2026. In relation to those changes, if an application for entry clearance, for an Electronic Travel Authorisation, for permission to enter or for permission to stay, a claim, or an application for administrative review has been made before 8 April 2026, such applications will be decided in accordance with the Immigration Rules in force on 7 April 2026: • APP GBM6 to APP GBM8 … The Global Business Mobility (GBM) Secondment Worker route allows overseas employers who have a high-value contract or investment with a UK organisation, worth at least £50 million, to temporarily send their workers to the UK. … APP GBM6. In SEC 7.2(b), for “12 months” substitute “6 months”. APP GBM7. In SEC 7.3, for “12 months” substitute “6 months”. APP GBM8. In SEC 7.3(a), for “12 months” substitute “6 months”.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-0d07fbc46c44f0465595","countryCode":"GB","country":"United Kingdom","title":"Skilled Worker salary compliance measured by pay period and rolling period","policyEffect":"Amended Skilled Worker rules to mandate that a worker must be paid the required salary in pay periods of at least monthly frequency (or as otherwise specified in contract) ensuring the salary paid in each pay period equals or exceeds the going rate for every hour worked, with specific averaging provisions for uneven pay or salary subtractions.","operativeDate":"2026-04-08","year":2026,"affectedGroup":"Skilled worker visa applicants and holders","materialConditionsAndExceptions":"Recorded validated scope: Salary compliance is tested by the monthly or contractual pay period and the going rate for each hour worked, with a three-month or 12-week annual-salary test, a 17-week uneven-pay rule, and a salary-subtraction confirmation exception.","policyCategory":"Labour migration (high-skilled / regular)","policyTool":"Compliance & monitoring","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/69a9a1f58fd807b03bbe92e5/E03553349_-_HC_1691_-_Immigration_Rules_Changes__Web_Accessible_.pdf","preciseCitation":"Statement of Changes in Immigration Rules HC 1691 and explanatory memorandum, effective 8 April 2026","evidencePassage":"SW 14.3B. A worker must be paid the required salary in pay periods of at least monthly frequency, or as otherwise specified in their contract, and: (a) The salary paid to the worker in each pay period must equal or exceed the going rate for every hour worked in that pay period. … The following paragraphs shall take effect on 8 April 2026. In relation to those changes, (i) if an application has been made using a certificate of sponsorship issued by a sponsor to an applicant before 8 April 2026; or (ii) if an application which does not require a certificate of sponsorship has been made before 8 April 2026; such applications will be decided in accordance with the Immigration Rules in force on 7 April 2026: • APP SW2 to APP SW4 … Changes to Appendix Skilled Worker … (b) Subject to (c) and (d): (i) where the worker is paid at a frequency of monthly or less, the salary paid to the worker over any three-month period must be at least equal to a quarter of the required annual salary; or (ii) where the worker is paid more frequently, the salary paid to the worker over any 12- week period must be at least equal to 12/52 of the required annual salary. … (c) If the worker is being sponsored to work a pattern where the regular hours are not the same each week, resulting in uneven pay, the sponsor must confirm the working pattern and the salary over any 17-week period must be at least equal to 17/52 of the required annual salary. … (d) If the pay is below the requirements in (c) in any given period, due to salary subtractions in SW 14.2(a) being subtracted over a shorter period than the length of time the applicant is being sponsored for, the sponsor must confirm this.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-6aeb467dfdf36b4d7801","countryCode":"GB","country":"United Kingdom","title":"EUSS applications may be refused for post-transition fraudulent assistance","policyEffect":"Appendix EU was amended to permit refusal where an applicant assisted another person to obtain UK immigration status fraudulently after the specified transition date, subject to proportionality and a more-likely-than-not finding.","operativeDate":"2026-04-29","year":2026,"affectedGroup":"Eu settlement scheme applicants","materialConditionsAndExceptions":"Recorded validated scope: This finding counts the application-refusal ground only. It requires post-specified-date assistance, a more-likely-than-not finding, and a proportionality assessment.","policyCategory":"Free movement & euss / settlement","policyTool":"Suitability & integrity checks","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/69a9a1f58fd807b03bbe92e5/E03553349_-_HC_1691_-_Immigration_Rules_Changes__Web_Accessible_.pdf","preciseCitation":"Statement of Changes in Immigration Rules HC 1691 and explanatory memorandum, effective 29 April 2026","evidencePassage":"APP EU2. After EU16(e), insert: “(f) It is proportionate to refuse the application where it is more likely than not that, after the specified date, the applicant has assisted another person fraudulently to obtain, or to attempt to obtain, entry clearance to, or leave to enter or remain in, the UK.”. … The following paragraphs shall take effect on 29 April 2026: • APP EU1 to APP EU5 … The changes to the Immigration Rules for the EUSS in Appendix EU are as follows: To tackle identified abuse by EEA citizens sponsoring EUSS applications by those falsely claiming to be eligible family members, we will introduce a new suitability requirement, aligned to existing curtailment powers, which, where it is proportionate to do so, will enable an EUSS application to be refused where it is more likely than not that, after the end of the transition period, the person has assisted another person fraudulently to obtain, or to attempt to obtain, entry clearance to, or leave to enter or remain in, the UK. … It is proportionate to refuse the application where it is more likely than not that, after the specified date, the applicant has assisted another person fraudulently to obtain, or to attempt to obtain, entry clearance to, or leave to enter or remain in, the UK.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-3e0bd6a831ace9cf7d28","countryCode":"GB","country":"United Kingdom","title":"UK Ancestry entry-clearance grants move to eVisa-only proof","policyEffect":"Applicants granted entry clearance on the UK Ancestry route from 20 May 2026 will receive an eVisa only, reflecting updates to the guidance.","operativeDate":"2026-05-20","year":2026,"affectedGroup":"Applicants granted entry clearance on the uk ancestry route","materialConditionsAndExceptions":"Validated condition or limit: Applicants granted entry clearance on the UK Ancestry route from 20 May 2026 will receive an eVisa only, reflecting updates to the guidance.","policyCategory":"Entry clearance / border control","policyTool":"Administrative system transition (evisa)","sourceName":"UK Visas and Immigration","sourceUrl":"https://www.gov.uk/government/publications/uk-ancestry-caseworker-guidance","preciseCitation":"UK ancestry: caseworker guidance, 20 May 2026 change log","evidencePassage":"Updated to reflect that all applicants granted entry clearance from 20 May 2026 will receive an eVisa only.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-7e52716821b2b9688f4f","countryCode":"GB","country":"United Kingdom","title":"Global Business Mobility (GBM): Service Supplier Visa Sectoral Expansion","policyEffect":"The UK Home Office updated guidance on eligible trade agreements and sectors for the Service Supplier visa under the Global Business Mobility (GBM) route, formally adding Mexico to Table C.","operativeDate":"2026-06-22","year":2026,"affectedGroup":"Mexican service suppliers and businesses seeking UK Service Supplier visas under the Global Business Mobility route","materialConditionsAndExceptions":"Applies specifically to eligibility under Table C of the Service Supplier visa guidance.","policyCategory":"eligibility","policyTool":"guidance","sourceName":"GOV.UK Service Supplier Visa Guidance","sourceUrl":"https://gov.uk/government/publications/service-supplier-visa-eligible-trade-agreements-and-sectors","preciseCitation":"GOV.UK, Service Supplier visa: eligible trade agreements and sectors, Updates to this page, 22 June 2026 entry","evidencePassage":"22 June 2026 Mexico added to table C.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-6be52af15aed436a9b0f","countryCode":"GB","country":"United Kingdom","title":"Gibraltar Short-Stay Visa and Entry Rules Alignment","policyEffect":"Effective July 15, 2026, Gibraltar's short-stay entry conditions have aligned with the Schengen Area. Time spent in Gibraltar now contributes to the 90-day Schengen limit in a 180-day period. Travelers via Gibraltar International Airport must clear dual checks, including registration under the Entry/Exit System (EES).","operativeDate":"2026-07-15","year":2026,"affectedGroup":"Short-stay travelers entering Gibraltar","materialConditionsAndExceptions":"British-Irish dual nationals traveling on an Irish passport are treated as EU citizens and are not subject to the 90-day limits, EES, or ETIAS.","policyCategory":"Border Management & Ports of Entry","policyTool":"Entry/Exit System / Inspection Procedure","sourceName":"www.gov.uk","sourceUrl":"https://gov.uk/foreign-travel-advice/gibraltar/entry-requirements","preciseCitation":"GOV.UK, Travel abroad, Foreign travel advice, Gibraltar, Entry requirements","evidencePassage":"From 15 July 2026, the UK-EU Agreement in respect of Gibraltar will provisionally apply, and Gibraltar’s entry conditions for short-stay visitors will formally align with Schengen requirements.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d879ea18d474e2246ebe","countryCode":"GB","country":"United Kingdom","title":"EUSS travel-permit fingerprint exemption","policyEffect":"Amends Appendix EU (Family Permit) Annex 1 definition of 'required biometrics' to remove the mandatory requirement for applicants relying on paragraph FP6(1) or FP6(2) to provide fingerprint biometrics where, in accordance with published guidance in force at the date of application, they are not required to provide these.","operativeDate":"2026-07-30","year":2026,"affectedGroup":"Travel-permit applicants relying on fp6(1) or fp6(2) where guidance in force at the application date says fingerprints are not required","materialConditionsAndExceptions":"Recorded validated scope: The exemption is limited to FP6(1) or FP6(2) travel-permit applicants and applies only where the guidance in force at application says fingerprints are not required.","policyCategory":"Residence / post-brexit arrangements","policyTool":"Biometric procedure streamlining","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/6a4f651d559c26eacf438f9b/E03632547__HC_259__-_Immigration_Rules_Changes__Web_Accessible_.pdf","preciseCitation":"Statement of Changes in Immigration Rules HC 259 and explanatory memorandum, effective 30 July 2026","evidencePassage":"APP EU(FP)1. In Annex 1, for sub-paragraph (b) of the definition of ‘required biometrics’, substitute: “(b) (where the applicant relies on meeting the eligibility requirements in paragraph FP6(1) or FP6(2)) the fingerprints of the applicant (also within that meaning of “biometric information”; unless, in accordance with guidance published by the Secretary of State and in force at the date of application, they are not required to provide these),”. … The following paragraphs shall take effect on 30 July 2026: • APP EU1 • APP EU(FP)1 … The change in Appendix EU (Family Permit) removes the requirement for an applicant for an EUSS travel permit to provide fingerprint biometrics. … unless, in accordance with guidance published by the Secretary of State and in force at the date of application, they are not required to provide these","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d8ff1c0df44b50f88013","countryCode":"GB","country":"United Kingdom","title":"Immigration-bail bar disapplied where the Part Suitability overstayer exception applies","policyEffect":"Amended suitability rules across several routes to ensure that an application eligible under the Exception for Overstayers is not automatically refused solely because the applicant is on Immigration Bail.","operativeDate":"2026-08-03","year":2026,"affectedGroup":"Applicants on immigration bail who are eligible under the exceptions for overstayers section of part suitability","materialConditionsAndExceptions":"Validated condition or limit: Amended suitability rules across several routes to ensure that an application eligible under the Exception for Overstayers is not automatically refused solely because the applicant is on Immigration Bail.","policyCategory":"Suitability / overstayers / status regularisation","policyTool":"Statement of changes to the immigration rules","sourceName":"UK Home Office","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-259-9-july-2026/explanatory-memorandum-to-the-statement-of-changes-in-immigration-rules-hc-259-9-july-2026-accessible","preciseCitation":"Statement of Changes in Immigration Rules HC 259 and explanatory memorandum, effective 3 August 2026","evidencePassage":"This change ensures that, where an applicant is eligible to apply under the Exception for Overstayers (SUI13.1), their application is not refused solely on the basis that they are on immigration bail and can instead be considered on its merits. … The following paragraphs shall take effect on 3 August 2026: • 1.1 • 5.1 to 5.6 … Changes to Part Suitability requirements in regard to the effect of being on Immigration Bail on future applications 5.16 This change ensures that, where an applicant is eligible to apply under the Exception for Overstayers (SUI13.1), their application is not refused solely on the basis that they are on immigration bail and can instead be considered on its merits. … (b) on immigration bail, except where the Exceptions for overstayers section of Part Suitability applies.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-7b34cd07a2f70a1b3dcd","countryCode":"GB","country":"United Kingdom","title":"Partner permission aligned to a protection sponsor's 30-month permission","policyEffect":"Appendix FM was amended so that a partner's entry clearance or leave to remain ends on the same date as a protection sponsor's 30-month permission.","operativeDate":"2026-08-03","year":2026,"affectedGroup":"Partners of protection status holders","materialConditionsAndExceptions":"Recorded validated scope: This finding counts the duration alignment only; any no-recourse-to-public-funds condition remains subject to the applicable GEN.1.11A exceptions.","policyCategory":"Family reunification / humanitarian protection","policyTool":"Statement of changes to the immigration rules","sourceName":"UK Home Office","sourceUrl":"https://assets.publishing.service.gov.uk/media/6a4f651d559c26eacf438f9b/E03632547__HC_259__-_Immigration_Rules_Changes__Web_Accessible_.pdf","preciseCitation":"Statement of Changes in Immigration Rules HC 259 and explanatory memorandum, effective 3 August 2026","evidencePassage":"The following paragraphs shall take effect on 3 August 2026: • 1.1 • 5.1 to 5.6 • 8.5 and 8.6 • 11.1 to 11.3 • 13.1 and 13.2 • APP AR1 • APP HMAF1 to APP HMAF5 • APP AFI1 to APP AFI3 • APP ECAA1 and APP ECAA2 • APP FM1 to APP FM13 … “or; where the sponsor has been granted 30 months’ permission on the basis of protection status, for a period which ends on the same date as the sponsor’s permission. Any grant of permission under this paragraph will be subject to a condition of no recourse to public funds”. … “or, where the sponsor has been granted 30 months’ permission on the basis of protection status, for a period which ends on the same date as the sponsor’s permission. Any grant of permission under this paragraph will be subject to a condition of no recourse to public funds”. … To address these risks, the Rules will provide that, where a protection sponsor has been granted permission to stay for 30 months, a partner granted permission under Appendix FM will be granted permission in line with the remainder of the sponsor’s existing grant, matching the time the sponsor has left. … Any grant of permission under this paragraph will be subject to a condition of no recourse to public funds","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-69d412702e5cb2f9ca30","countryCode":"GB","country":"United Kingdom","title":"UK-born children of Graduate-route holders become eligible to apply as dependants","policyEffect":"Created a dedicated provision allowing a child born in the UK during a parent’s Graduate route permission to apply in-country as a dependant and obtain permission aligned with that parent.","operativeDate":"2026-08-03","year":2026,"affectedGroup":"Children born in the united kingdom during a parent's current graduate-route permission","materialConditionsAndExceptions":"Recorded validated scope: The child must have been born in the United Kingdom during the parent's current Graduate permission; the child's permission is aligned with the parent's.","policyCategory":"Post-study work / graduate route / family dependants","policyTool":"Statement of changes to the immigration rules","sourceName":"UK Home Office","sourceUrl":"https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-259-9-july-2026/explanatory-memorandum-to-the-statement-of-changes-in-immigration-rules-hc-259-9-july-2026-accessible","preciseCitation":"Statement of Changes in Immigration Rules HC 259 and explanatory memorandum, effective 3 August 2026","evidencePassage":"This amendment will allow a child born in the UK during a parent’s current grant of Graduate route permission to apply as a dependant, and be granted permission in line with the parent. … The following paragraphs shall take effect on 3 August 2026: • 1.1 • 5.1 to 5.6 • 8.5 and 8.6 • 11.1 to 11.3 • 13.1 and 13.2 • APP AR1 • APP HMAF1 to APP HMAF5 • APP AFI1 to APP AFI3 • APP ECAA1 and APP ECAA2 • APP FM1 to APP FM13 2 • APP V1 to APP V3 • APP ST1 and APP ST2 • APP CS1 • APP PC1 • APP GR1 to APP GR4 … “(d) they must be a child born in the UK to a Graduate who holds existing permission to stay in the Graduate route.”. … APP GR3. After GR 9.4A(c), insert: “(d) they must be a child born in the UK to a Graduate who holds existing permission to stay in the Graduate route.”.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-e2f4242cf6be45369500","countryCode":"NZ","country":"New Zealand","title":"Introduction of the Temporary Retirement Category","policyEffect":"From March 29, 2010, the Temporary Retirement Category offered applicants aged 66 or older a visitor permit for up to two years with a multiple-entry visa. Requirements included NZ$750,000 in acceptable investments for two years, NZ$500,000 in additional maintenance funds, annual income of at least NZ$60,000, health and character requirements, and acceptable travel and/or health insurance. Dependent children could not accompany applicants.","operativeDate":"2010-03-29","year":2010,"affectedGroup":"Retirement-category principal applicants aged 66 or older and eligible partners","materialConditionsAndExceptions":"Validated condition or limit: From March 29, 2010, the Temporary Retirement Category offered applicants aged 66 or older a visitor permit for up to two years with a multiple-entry visa.; Requirements included NZ$750,000 in acceptable investments for two years, NZ$500,000 in additional maintenance funds, annual income of at least NZ$60,000, health and character requirements, and acceptable travel and/or health insurance.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand and New Zealand Government","sourceUrl":"https://www.immigration.govt.nz/opsmanual-archive/29447.HTM","preciseCitation":"V3.120 Temporary Retirement Category, effective 29 March 2010; New retirement package to attract investment","evidencePassage":"You are here: cite0†Temporary Entry » cite1†Visitor Visa and Permit » cite2†V3 Special Categories of Visitors » cite3†V3.120 Temporary Retirement Category L1: ##### - This is not current policy - ##### The policy in this manual ceases to be effective from 29 November 2010. To see the current Immigration New Zealand Operational Manual go to cite4†www.immigration.govt.nz/opsmanual L6: V3.120 Temporary Retirement Category 1. For an application to be approved under the Temporary Retirement Category the principal applicant must: 1. be aged 66 or over; and 2. nominate funds and/or ass … ets equivalent in value to at least NZ$0.75 million and undertake to invest them in New Zealand for a period of two years; and 3. demonstrate ownership of these funds and/or assets and that they have been legally earned or acquired; and 4. transfer and place the funds and/or assets in an acceptable investment in accordance with the policy in V3.120.30; and 5. nominate NZ$0.5 million of maintenance funds and demonstrate ownership of these funds and/or assets; and 6. demonstrate an annual income of at least NZ$60,000. 2. The principal applicant and any partner included in the application must: 1 … . meet health and character policy requirements (see cite5†A4 and cite6†A5 ); and 2. demonstrate that they hold acceptable travel and/or health insurance. 3. Applicants must not be accompanied by dependent children. V3.120.5 Age requirements Principal applicants under the Temporary Retirement Category must be aged 66 years or over at the time of application. V3.120.5.1 Evidence of age Evidence of age may include, but is not limited to, original or certified copies of: 1. a birth certificate; or 2. a passport or other travel document; or 3. an identity document (from countries which requi … ion of their stay. V3.120.25 Currency and conditions of a Temporary Retirement Category visa and permit 1. Notwithstanding cite8†V2.5 and cite9†V2.15 , a visitor’s permit granted under this policy will be valid for a maximum of two years. 2. Permit holders under this policy will be issued a multiple entry visitor’s visa, valid for the same period as the visitor’s permit, allowing re-entry to New Zealand on any number of occasions. 3. Permits granted under this policy will be subject to the condition that the applicant maintains acceptable travel and/or health insurance (V3.120.20) for th … table investment as set out at V3.120.10.25; and 2. acceptable travel and/or health insurance. Effective 29/03/2010 cite11†Top of Page","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-92abb0829ac038a4a7e1","countryCode":"NZ","country":"New Zealand","title":"Silver Fern Job Search and Practical Experience policy instructions","policyEffect":"Effective March 29, 2010, Silver Fern instructions established Job Search and Practical Experience routes. Job Search visas were limited to 300 annually, with the quota year beginning April 27. Applicants had to be 20 to 35 inclusive, outside New Zealand, meet specified qualification and English requirements, hold at least NZ$4,200 for maintenance, genuinely intend to obtain skilled employment, meet health and character requirements, and not previously have received a Job Search visa. Eligible qualifications included a degree equivalent to a New Zealand bachelor’s degree or higher, or a qualifying level-4 trade qualification with two years of relevant work experience; occupational registration requirements applied. The Job Search visa allowed entry within six months, a nine-month work permit on arrival, multiple re-entry during the permit, and work for any employer in any occupation. The Practical Experience route required an existing Job Search or Practical Experience permit and a genuine, full-time skilled job offer lasting at least 12 months, with applicable registration, health, character and generic work requirements. Its permit was tied to the offered occupation, employer and location, lasted for the offered employment up to two years, and could not exceed two years in total across successive permits.","operativeDate":"2010-03-29","year":2010,"affectedGroup":"Highly skilled applicants aged 20 to 35 applying from outside new zealand","materialConditionsAndExceptions":"Validated condition or limit: Job Search visas were limited to 300 annually, with the quota year beginning April 27.; Applicants had to be 20 to 35 inclusive, outside New Zealand, meet specified qualification and English requirements, hold at least NZ$4,200 for maintenance, genuinely intend to obtain skilled employment, meet health and character requirements, and not previously have received a Job Search visa.; Eligible qualifications included a degree equivalent to a New Zealand bachelor’s degree or higher, or a qualifying level-4 trade qualification with two years of relevant work experience; The Job Search visa allowed entry within six months, a nine-month work permit on arrival, multiple re-entry during the permit, and work for any employer in any occupation.; The Practical Experience route required an existing Job Search or Practical Experience permit and a genuine, full-time skilled job offer lasting at…","policyCategory":"Legal entry and stay","policyTool":"Work visa / permit","sourceName":"Immigration New Zealand archived Operational Manual","sourceUrl":"https://www.immigration.govt.nz/opsmanual-archive/29458.HTM","preciseCitation":"Silver Fern Work Policies, archived instructions effective March 29, 2010.","evidencePassage":"WL1.1 Objectives You are here: Temporary Entry » Work Visa and Permit » WL Silver Fern Work Policies » WL1 Objective » WL1.1 Objectives �� - This is not current policy - The policy in this manual ceases to be effective from 29 November 2010. To see the current Immigration New Zealand Operational Manual go to www.immigration.govt.nz/opsmanual WL1.1 Objectives The Silver Fern work policies contribute to the overall work policy objective (see W1 ) by; attracting highly skilled young people to New Zealand; and matching these workers to the needs of the economy by providing a pathway for these workers to remain in New Zealand upon gaining skilled employment. Effective 29/03/2010 Top of Page … WL2.1 Annual limit You are here: Temporary Entry » Work Visa and Permit » WL Silver Fern Work Policies » WL2 Silver Fern Job Search » WL2.1 Annual limit �� - This is not current policy - The policy in this manual ceases to be effective from 29 November 2010. To see the current Immigration New Zealand Operational Manual go to www.immigration.govt.nz/opsmanual WL2.1 Annual limit A maximum of 300 Silver Fern Job Search visas may be granted annually (year beginning 27 April). Effective 29/03/2010 Top of Page … WL2.10 Determining an application for a Silver Fern Job Search visa You are here: Temporary Entry » Work Visa and Permit » WL Silver Fern Work Policies » WL2 Silver Fern Job Search » WL2.10 Determining an application for a Silver Fern Job Search visa �� - This is not current policy - The policy in this manual ceases to be effective from 29 November 2010. To see the current Immigration New Zealand Operational Manual go to www.immigration.govt.nz/opsmanual WL2.10 Determining an application for a Silver Fern Job Search visa In order to be issued with a Silver Fern Job Search visa, applicants must: have been aged between 20 and 35 years inclusive at the time the application was lodged; and be outside of New Zealand; and hold a qualification that meets the Silver Fern Job Search Policy qualification requirements at WL2.15 and the requirements for recognition under Skilled Migrant Policy set out at SM14.10 ; and meet the English language requirements set out at SM5.5 ; and have a minimum of NZ$4,200 available funds for their maintenance during the period of stay in New Zealand; and be genuine in their intention to gain skilled employment; and meet temporary entry health and character policy requirements ( E6.1 and E6.5 ); and have not previously been issued a Silver Fern Job Search visa. Effective 29/03/2010 Top of Page … WL2.15 Silver Fern Job Search Policy qualification requirements You are here: Temporary Entry » Work Visa and Permit » WL Silver Fern Work Policies » WL2 Silver Fern Job Search » WL2.15 Silver Fern Job Search Policy qualification requirements �� - This is not current policy - The policy in this manual ceases to be effective from 29 November 2010. To see the current Immigration New Zealand Operational Manual go to www.immigration.govt.nz/opsmanual WL2.15 Silver Fern Job Search Policy qualification requirements Applicants must: hold a qualification that is equivalent to a New Zealand Bachelor’s degree (level 7) or higher; or hold a trade qualification that is equivalent to a New Zealand National Certificate (level 4) and have two years of relevant work experience. Applicants whose recognised qualification is required for employment in one of the occupations where registration is required by law in New Zealand ( SM19.5 ) must show that they: hold full or provisional registration in that occupation in New Zealand; or can meet the necessary New Zealand registration requirements. WL2.15.1 Trade qualifications To be considered a trade qualification, a qualification must be relevant to a job on Part B or C of the List of Skilled Occupations at Appendix 11 . Applicants holding a trade qualification must also show they have a minimum of two years of work experience which: is relevant to their qualification ( SM11.10.5 ); and has been gained in a comparable labour market ( SM11.10.1 ); and meets the additional requirements for recognition of work experience ( SM11.15 ); and has been gained after their qualification (including any work experience required as part of the qualification) was completed. Note : Visa officers must ensure that the qualification is a National Certificate o … WL2.25 Currency and conditions of Silver Fern Job Search visas and permits You are here: Temporary Entry » Work Visa and Permit » WL Silver Fern Work Policies » WL2 Silver Fern Job Search » WL2.25 Currency and conditions of Silver Fern Job Search visas and permits �� - This is not current policy - The policy in this manual ceases to be effective from 29 November 2010. To see the current Immigration New Zealand Operational Manual go to www.immigration.govt.nz/opsmanual WL2.25 Currency and conditions of Silver Fern Job Search visas and permits A work visa issued under the Silver Fern Job Search policy allows: entry for six months from the date of issue; and the grant of a work permit for nine months upon arrival in New Zealand; and re-entry to New Zealand on multiple occasions for the duration of the work permit. Silver Fern Job Search visas and permits will allow the applicant to work for any employer in any occupation in New Zealand. Effective 29/03/2010 Top of Page","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b23f9dc6e0b8d60d5795","countryCode":"NZ","country":"New Zealand","title":"Employer work-entitlement verification: statutory information disclosure","policyEffect":"From August 2, 2010, section 477 of the Immigration Act 2009 inserted section 141ABA into the Immigration Act 1987. It authorised the Department of Labour to disclose certain information to an employer so the employer could verify that a person was entitled under the Act to work in that employer’s service.","operativeDate":"2010-08-02","year":2010,"affectedGroup":"Employers checking a person’s entitlement to work in their service","materialConditionsAndExceptions":"","policyCategory":"Employer obligations / work authorization verification","policyTool":"Administrative information disclosure / verification compliance","sourceName":"New Zealand Legislation / Parliamentary Counsel Office","sourceUrl":"https://www.legislation.govt.nz/secondary-legislation/pco-drafted/2010/185/en/latest","preciseCitation":"Immigration Act 2009 Commencement Order 2010","evidencePassage":"Section 477 comes into force on 2 August 2010. This section amends the Immigration Act 1987 by inserting a new section 141ABA into the Act. New section 141ABA authorises the Department of Labour to disclose certain information to an employer to enable the employer to verify that a person is entitled under that Act to undertake employment in the employer's service.","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-cb4c87b18b7e3245d559","countryCode":"NZ","country":"New Zealand","title":"China Working Holiday Scheme: qualification verification and English evidence tightened","policyEffect":"From October 1, 2010, applicants under New Zealand’s China Working Holiday Scheme had to provide CDGDC verification with their existing required senior-high-school qualification and an IELTS certificate showing an average score of 5.5 across the four test components. The preceding May 4, 2009 instructions already required a senior-high-school qualification based on at least three years of full-time study, but accepted an IELTS average of 4 or specified English-medium education as functional-English evidence. The October instructions replaced those English-evidence options and added qualification verification; they did not introduce the school-qualification requirement itself.","operativeDate":"2010-10-01","year":2010,"affectedGroup":"Chinese citizens applying under the china working holiday scheme","materialConditionsAndExceptions":"Validated condition or limit: From October 1, 2010, applicants under New Zealand’s China Working Holiday Scheme had to provide CDGDC verification with their existing required senior-high-school qualification and an IELTS certificate showing an average score of 5.5 across the four test components.; The preceding May 4, 2009 instructions already required a senior-high-school qualification based on at least three years of full-time study, but accepted an IELTS average of 4 or specified English-medium education as functional-English evidence.; they did not introduce the school-qualification requirement itself.","policyCategory":"Legal entry and stay","policyTool":"Work visa / permit","sourceName":"Immigration New Zealand archived Operational Manual","sourceUrl":"https://www.immigration.govt.nz/opsmanual-archive/37113.HTM","preciseCitation":"WI4.140 China Working Holiday Scheme, effective May 4, 2009 and October 1, 2010.","evidencePassage":"To be eligible for a work visa or permit under this scheme, applicants must: be citizens of China, ordinarily resident in the People's Republic of China and actually resident there at the time of applying, and have a minimum of NZ$4,200 available funds for their maintenance during the period of stay in New Zealand, and agree to hold medical and comprehensive hospitalisation insurance that will remain current throughout their stay in New Zealand, and have a senior high school qualification (gao zhong xue li) granted in respect of a minimum of three years' full-time study, and have a level of proficiency in English that is assessed as at least functional. Note: For the purposes of this policy an applicant's proficiency in English is deemed to be at least functional if they can produce evidence of: ~ an International English Language Testing System (IELTS), showing they achieved an average level of 4 over the four components of the test; or ~ having completed all primary and at least three years' secondary education where all instruction was in English; or ~ having completed at least five years' secondary education where all instruction was in English; or ~ having gained a post-secondary qualification that required at least two years' full-time study or training where all tuition was in English. … Effective 04/05/2009 … To be eligible for a work visa or permit under this scheme, applicants must: be citizens of China, ordinarily resident in the People's Republic of China and actually resident there at the time of applying, and have a minimum of NZ$4,200 available funds for their maintenance during the period of stay in New Zealand, and agree to hold medical and comprehensive hospitalisation insurance that will remain current throughout their stay in New Zealand, and have a senior high school qualification (gao zhong xue li) granted in respect of a minimum of three years' full-time study, and have a level of proficiency in English that is assessed as at least functional. Note : For the purposes of this policy: ~ the evidence required at WI4.140(c)(iv) must be verified by the China Academic Degrees and Graduate Education Development Centre (CDGDC) and such verification provided with the qualification ~ an applicant's proficiency in English is deemed to be at least functional if they can provide a certificate from the International English Language Testing System (IELTS), showing they achieved an average level of 5.5 over the four components of the test. … Effective 01/10/2010","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-post-six-month-detention-20101129","countryCode":"NZ","country":"New Zealand","title":"Detention beyond six months: conditional renewal and release test","policyEffect":"From November 29, 2010, section 323 of the Immigration Act 2009 prescribed a renewal test where a further warrant would extend consecutive detention beyond six months, calculated under that section. The judge had to issue a further warrant if the person’s action or inaction prevented departure or deportation and no exceptional circumstances warranted release; otherwise, conditional release was required. The clock ran from initial warrant detention when appeal rights were exhausted or absent, otherwise from the later of conclusion of the relevant appeals or expiry of the appeal period. Relevant appeal rights covered appeals against deportation liability and refugee/protection appeals associated with claims made before the specified deportation notice or arrest. For a refugee or protection claim made only after a deportation liability notice or order, or detention for deportation or turnaround, it ran from final determination; a subsequent claim reset that starting point. Final determination included expiry of the appeal period or determination of an appeal. Escape periods through 96 hours after recapture were excluded. Detention already served and the possibility of continued obstruction by the person were not exceptional circumstances under this test. It did not apply to persons ordered deported under the security power in section 163. Applications required sworn officer evidence and reasons; the judge could require attendance and cross-examination. Section 441 applied the test regardless of whether initial detention preceded the 2010 commencement. By comparison, the former section 60 served-removal-order regime generally prohibited consecutive detention beyond three months, except for specified post-order refugee claimants or cases where action or inaction after service of the removal order directly or indirectly prevented departure, with exceptional-circumstances release provisions. This was not a universal six-month detention cap or a clock starting automatically on arrest.","operativeDate":"2010-11-29","year":2010,"affectedGroup":"People lawfully detained under consecutive immigration warrants to whom section 323 applied, excluding section 163 security deportation orders","materialConditionsAndExceptions":"Validated condition or limit: otherwise, conditional release was required.; Relevant appeal rights covered appeals against deportation liability and refugee/protection appeals associated with claims made before the specified deportation notice or arrest.; For a refugee or protection claim made only after a deportation liability notice or order, or detention for deportation or turnaround, it ran from final determination; Escape periods through 96 hours after recapture were excluded.; Applications required sworn officer evidence and reasons; By comparison, the former section 60 served-removal-order regime generally prohibited consecutive detention beyond three months, except for specified post-order refugee claimants or cases where action or inaction after service of the removal order directly or indirectly prevented departure, with exceptional-circumstances release provisions.","policyCategory":"Enforcement and detention","policyTool":"Judicial warrants of commitment and conditional release","sourceName":"New Zealand Legislation","sourceUrl":"https://www.legislation.govt.nz/act/public/2009/51/en/2010-11-29","preciseCitation":"Immigration Act 2009 detention and transition provisions; Immigration Act 1987 corresponding provisions; Commencement Order 2010 clause 2.","evidencePassage":"323 Decisions on warrants of commitment where detention beyond 6 months (1) This section applies where a person would, upon a successful application for a further warrant of commitment under section 316 , be detained under consecutive warrants of commitment for a continuous period of more than 6 months following— (a) the person’s initial detention under a warrant of commitment, where the person has exhausted all appeal rights under this Act at the time of that initial detention, or had no such appeal rights; or (b) where paragraph (a) does not apply, the later of— (i) the conclusion of any appeal proceedings brought by the person; or (ii) the expiry of any period for bringing such an appeal; or (c) the date when a claim for recognition as a refugee or a protected person is finally determined (within the meaning of section 128 ), if the claim was made only after the person— (i) was served with a deportation liability notice or order; or (ii) was arrested and detained for the purpose of deportation or turnaround. (2) A further warrant of commitment authorising the detention of a person to whom this section applies must be issued if a District Court Judge is satisfied— (a) that the person's deportation or departure is prevented by some action or inaction of the person; and (b) that no exceptional circumstances exist that would warrant release. (3) If the Judge is not so satisfied, the Judge must order the person’s release on conditions under section 320 . (4) An application for a further warrant of commitment in a case to which this section applies— (a) must be supported by evidence under oath by an immigration officer; and (b) must include a statement as to why the further warrant is required; and (c) may include any other supporting evidence. (5) The Judge may require the immigration officer to attend the hearing to give evidence and be subject to cross-examination. (6) The period of 6 months referred to in subsection (1) must be calculated exclusive of any period commencing on the date on which the person to whom the warrant relates escapes from lawful custody and ending 96 hours after the date on which the person is again taken into custody under this Act. (7) This section does not apply to a person whose deportation has been ordered under section 163 . (8) To avoid doubt, if a person to whom subsection (1)(c) applies makes a subsequent claim, the 6-month period must be treated as starting on the date the subsequent claim is finally determined. (9) In subsection (1),— appeal proceedings means the proceedings in respect of which the appeal rights are exercised appeal rights means— (a) the rights of appeal the person has or had against liability for deportation; and (b) the refugee and protection appeals associated with any claim made before the person was served with a deportation liability notice or arrested and detained for the purpose of deportation or turnaround. (10) For the purposes of subsection (2), exceptional circumstances do not … (a) the period of time that a person has already been detained under this Part; or (b) the possibility that the person's deportation or departure may continue to be prevented by some action or inaction of the person. Compare: 1987 No 74 s 60(6)(b) 128 Matter not finally determined until expiry of appeal period or when appeal determined A matter under this Part must not be treated as finally determined until— (a) the expiry of the appeal period for any appeal relating to the matter; or (b) if a person lodges an appeal, the appeal is determined. 441 Detention of person beyond 6 months Section 323 of this Act applies to a person regardless of whether the person was initially detained before or after the commencement of section 404 of this Act. 60 Release or extended detention if craft unavailable, etc, within 72-hour period (1) Where a person is arrested and detained under section 59 and it becomes apparent that— (a) no craft will be available within the 72-hour period specified in that section; or (b) a craft that was available is no longer available; or (c) it is not practicable for the person to be placed on a craft within the 72-hour period; or (d) for some other reason the person is unable to leave New Zealand within the 72-hour period,— then, unless the person is released, an immigration officer must arrange for the person to be brought before a District Court Judge for the purpose of obtaining a warrant of commitment. (2) Subject to any extension of it under subsection (4) or subsection (6A), a warrant of commitment issued under this section authorises the detention of the person named in it for a period of 7 days or such shorter period as the Judge thinks necessary to enable the execution of the removal order. (3) A Judge may issue a warrant of commitment on the application of an immigration officer if satisfied on the balance of probabilities that the person in custody is the person named in the removal order and that any of the following applies: (a) a craft is likely to be available, within the proposed period of the warrant of commitment, to take the person from New Zealand: (b) the practical difficulties that meant that the person could not be placed on an available craft within 72 hours are continuing and are likely to continue, but not for an unreasonable period: (c) the other reasons the person was not able to leave New Zealand within the 72-hour period are still in existence and are likely to remain in existence, but not for an unreasonable period: (d) in all the circumstances it is in the public interest to make a warrant of commitment. (4) If at the expiry of a warrant of commitment made under this section the person has still not left New Zealand, then, unless released, the person must be again brought before a Judge for an extension of the warrant of commitment, in which case subsections (2) and (3) (and, if appropriate, subsection (6A)) apply. (5) If a person is brought before a Judge under subsection (4) for a second or sub","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-dc3dcc92748ef8dc33ab","countryCode":"NZ","country":"New Zealand","title":"Employer work-entitlement checks: tax-declaration excuse replaced by due diligence","policyEffect":"From November 29, 2010, section 350 of the Immigration Act 2009 continued offences concerning employment of people not entitled to work, but replaced the former specific tax-code-declaration excuse with a defence requiring both lack of knowledge and reasonable precautions and due diligence to establish work entitlement. Under section 39 of the preceding Act, lack of knowledge combined with a declaration stating entitlement, signed before or when employment began, had provided the specified reasonable excuse. Written notice from an immigration officer within the preceding 12 months continued to establish deemed knowledge. The exception for continued employment during the minimum contractual termination-notice period also continued.","operativeDate":"2010-11-29","year":2010,"affectedGroup":"Employers checking employees’ entitlement to work","materialConditionsAndExceptions":"Validated condition or limit: Under section 39 of the preceding Act, lack of knowledge combined with a declaration stating entitlement, signed before or when employment began, had provided the specified reasonable excuse.; Written notice from an immigration officer within the preceding 12 months continued to establish deemed knowledge.; The exception for continued employment during the minimum contractual termination-notice period also continued.","policyCategory":"Border and land control","policyTool":"Employer liabilities","sourceName":"New Zealand Legislation / Parliamentary Counsel Office","sourceUrl":"https://www.legislation.govt.nz/act/public/2009/51/en/2010-11-29","preciseCitation":"Immigration Act 1987 (historical); Immigration Act 2009 (historical); Immigration Act 2009 Commencement Order 2010","evidencePassage":"350 Offences by employers (1) Every employer commits an offence against this Act who— (a) allows or continues to allow any person to work in that employer’s service, knowing that the person is not entitled under this Act to do that work; or (b) allows a person who is not entitled under this Act to work in the employer’s service to do that work. (2) Subsection (1)(a) applies whether the person commenced work in the employer’s service before or after the commencement of this section. (3) It is a defence to a charge under subsection (1)(b) that the employer— (a) did not know that the person was n … 000) relating to the giving of notice on termination of employment. Compare: 1987 No 74 s 39 … ot entitled to do the work; and (b) took reasonable precautions and exercised due diligence to ascertain whether the person was entitled to do the work. (4) Except as provided in subsection (3), it is not a defence to a charge under subsection (1)(b) that the employer did not know that the person was not entitled under this Act to do that work. (5) An information alleging an offence against this section may specify any day on which it is alleged the person was working for the employer, and need not state the day on which that work is alleged to have commenced. (6) For the purposes of this sect … 39 Responsibility of employers (1) Every employer commits an offence against this Act who allows or continues to allow any person to undertake employment in that employer's service knowing that the person is not entitled under this Act to undertake that employment. (1A) Every employer commits an offence against this Act who, without reasonable excuse, allows a person who is not entitled under this Act to undertake employment in the employer's service to undertake that employment. (1B) For the purposes of subsection (1A), it is a reasonable excuse for allowing a person who is not entitled under … this Act to undertake employment in an employer's service to undertake that employment that the employer concerned did not know that the person was not entitled to undertake that employment, and holds a tax code declaration— (a) that states that the person is entitled under the Immigration Act 1987 to undertake employment in the employer's service; and (b) that was signed by the person before or when that employment began. (1C) Except as provided in subsection (1B), for the purposes of subsection (1A), it is not a reasonable excuse for allowing a person who is not entitled under this Act to u … ion, an employer is treated as knowing that an employee is not entitled under this Act to do any particular work if, at any time in the preceding 12 months (whether before or after the commencement of this section), the employer has been informed of that fact in writing by an immigration officer. (7) No employer is liable for an offence against this section in respect of any period during which the employer continues to allow any person to work in the employer's service in compliance with the minimum requirements of any employment agreement (within the meaning of the Employment Relations Act 2 … and with the consent of the Executive Council, makes the following order. Show contents Contents Order 1 Title This order is the Immigration Act 2009 Commencement Order 2010. 2 Commencement of certain provisions of Immigration Act 2009 (1) Section 477 of the Immigration Act 2009 comes into force on 2 August 2010. (2) The remaining sections of the Immigration Act 2009 that are not in force immediately before 2 am on 29 November 2010, except the following sections, come into force at 2 am on 29 November 2010: (a) section 30: (b) section 31: (c) section 60: (d) section 100: (e) section 104: (f) s","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-ordinary-warrant-20101129","countryCode":"NZ","country":"New Zealand","title":"Ordinary detention warrants: up to 28 days with identity-related release restrictions","policyEffect":"From November 29, 2010, section 317 of the Immigration Act 2009 allowed a District Court Judge to issue a warrant of commitment for up to 28 days, or order conditional release if detention was not warranted. In the preceding removal-order route, sections 59 and 60 of the Immigration Act 1987 provided an ordinary warrant of seven days or less after arrest to execute a served removal order; specified extensions for cases involving late refugee claims or the person’s conduct preventing departure could already last up to 30 days. The new framework covered persons liable for deportation or turnaround and certain identity-related cases; it was not confined to the old served-removal-order cohort. Recognised refugees and protected persons were generally exempt from arrest and detention, subject to the statutory deportation exceptions. Under section 317, the court had to establish that the detainee was the person named in the application and consider the statutory departure-impediment or identity grounds, or the public interest. Unless exceptional circumstances existed, conditional release was barred where identity was unknown or unestablished; where the person’s conduct after a deportation liability notice or arrest for deportation or turnaround prevented departure; or where a refugee or protection claim was made only after a deportation liability notice or order, or such arrest. The change concerns the ordinary section 317 warrant and its release conditions, not a universal 28-day limit on total detention or the separate security and prolonged-detention tests.","operativeDate":"2010-11-29","year":2010,"affectedGroup":"Persons subject to ordinary immigration act detention-warrant applications","materialConditionsAndExceptions":"Validated condition or limit: From November 29, 2010, section 317 of the Immigration Act 2009 allowed a District Court Judge to issue a warrant of commitment for up to 28 days, or order conditional release if detention was not warranted.; In the preceding removal-order route, sections 59 and 60 of the Immigration Act 1987 provided an ordinary warrant of seven days or less after arrest to execute a served removal order; specified extensions for cases involving late refugee claims or the person’s conduct preventing departure could already last up to 30 days.; Recognised refugees and protected persons were generally exempt from arrest and detention, subject to the statutory deportation exceptions.; Unless exceptional circumstances existed, conditional release was barred where identity was unknown or unestablished; where the person’s conduct after a deportation liability notice or arrest for deportation or turnaround…","policyCategory":"Enforcement and detention","policyTool":"Judicial warrants of commitment and conditional release","sourceName":"New Zealand Legislation","sourceUrl":"https://www.legislation.govt.nz/act/public/1987/74/en/2010-08-02","preciseCitation":"Immigration Act 1987 ss 59–60; Immigration Act 2009 ss 309–310, 315–317, 320; Immigration Act 2009 Commencement Order 2010","evidencePassage":"317 Decision on application for warrant of commitment (1) On an application for a warrant of commitment, a District Court Judge— (a) must, if satisfied on the balance of probabilities that the person is not the person named in the application for the warrant of commitment, order that the person be released from custody immediately: (b) may, in any other case, either— (i) issue a warrant of commitment in the prescribed form authorising the person’s detention, in a place named in the warrant, for a period of up to 28 days, if satisfied of the matters in subsections (2) and (3) (and having taken into account the matters in subsections (4) and (5)); or (ii) order the person’s release from custody on conditions under section 320 , if the Judge is not satisfied that detention is warranted. (2) A Judge may issue a warrant of commitment if satisfied on the balance of probabilities that the person in custody is the person named in the application and that any 1 or more of the following applies: (a) a craft is likely to be available, within the proposed period of the warrant of commitment, to take the person from New Zealand: (b) the reasons why a craft was not available to take the person from New Zealand are continuing and are likely to continue, but not for an unreasonable period: (c) the other reasons the person was not able to leave New Zealand are still in existence and are likely to remain in existence, but not for an unreasonable period: (d) the person has not supplied satisfactory evidence of his or her identity. (3) If subsection (2) does not apply, the Judge may, nevertheless, make a warrant of commitment if it is, in all the circumstances, in the public interest to do so. (4) In determining whether to issue a warrant of commitment, or whether to order the person’s release on conditions, the Judge must have regard to, among other things, the need to seek an outcome that maximises compliance with this Act. (5) Unless there are exceptional circumstances, the Judge must not release the person on conditions if— (a) the identity of the person is unknown; or (b) the person’s identity has not been established to the satisfaction of the court; or (c) a direct or indirect reason for the person being unable to leave New Zealand is, or was, some action or inaction by the person occurring after the person was— (i) served with a deportation liability notice; or (ii) arrested and detained for the purpose of deportation or turnaround; or (d) the person claimed refugee or protection status only after the person was— (i) served with a deportation liability notice or deportation order; or (ii) arrested and detained for the purposes of deportation or turnaround. Compare: 1987 No 74 s 60 … Skip to main content Kāinga Home Tirohia i ngā tari kāwanatanga Browse agencies Ako atu anō Learn more Advanced search Any legislation In force Bills Not in force Title contains Content contains Secondary legislation In force Latest version as at 28 June 2010 (as made) | SR … | Administered by Ministry of Business, Innovation, and Employment Immigration Act 2009 Commencement Order 2010 Amendment secondary legislation Versions (1) Empowering Acts (1) Section view Download Search content Secondary legislation In force Latest version as at 28 June 2010 (as made) | SR 2010/185 | Administered by Ministry of Business, Innovation, and Employment Immigration Act 2009 Commencement Order 2010 Hide navigation Contents 1 Title 2 Commencement of certain provisions of Immigration Act 2009 Explanatory note Administrative information 2010/185 Immigration Act 2009 Commencement Order 2010 Rt Hon Dame Sian Elias, Administrator of the Government Order in Council At Wellington this 28th day of June 2010 Present: Her Excellency the Administrator of the Government in Council Pursuant to section 2 of the Immigration Act 2009, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following order. Show contents Contents Order 1 Title This order is the Immigration Act 2009 Commencement Order 2010. 2 Commencement of certain provisions of Immigration Act 2009 (1) Section 477 of the Immigration Act 2009 comes into force on 2 August 2010. (2) The remaining sections of the Immigration Act 2009 that are not in force immediately before 2 am on 29 November 2010, except the following sections, come into force at 2 am on 29 November 2010: (a) section 30: (b) section 31: (c) section 60: (d) section 100: (e) section 104: (f) section 111: (g) section 120: (h) section 149(1)(e): (i) section 278: (j) sections 283 to 291: (k) section 312: (l) section 400(l). Rebecca Kitteridge, Clerk of the Executive Council. Explanatory note This note is not part of the order, but is intended to indicate its general effect. This order brings into force most of the provisions of the Immigration Act 2009. Section 477 comes into force on 2 August 2010. This section amends the Immigration Act 1987 by inserting a new section 141ABA into the Act. New section 141ABA authorises the Department of Labour to disclose certain information to an employer to enable the employer to verify that a person is entitled under that Act to undertake employment in the employer's service. The remaining sections of the Immigration Act 2009 (except the sections listed in the order and the 4 sections already in force) come into force at 2 am on 29 November 2010. The 2 am commencement time on 29 November is to minimise the risk of operational problems at the New Zealand borders as the new immigration processes under the Act come into effect (and those of the Immigration Act 1987 no longer have effect). The 4 provisions of the Immigration Act 2009 that are already in force are sections 474, 475, 476, and 478 (see section 2(4) and (5) of the Immigration Act 2009). The provisions of the Immigration Act 2009 listed in the order that are not brought into force by the order relate to the collection and use of biometric information u","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-security-warrant-20101129","countryCode":"NZ","country":"New Zealand","title":"Security detention warrants: 28-day periods and conditional release","policyEffect":"From November 29, 2010, section 318 of the Immigration Act 2009 provided for warrants of up to 28 days for people arrested and detained on suspicion of a threat or risk to security, or whose deportation was ordered under section 163. A judge had to order immediate release if satisfied on the balance of probabilities that the detainee was not the person named in the warrant application; otherwise the judge had to issue a warrant or, if satisfied that release would not be contrary to the public interest, order conditional release. The corresponding former section 79 regime for suspected terrorists and persons under security or terrorism deportation orders also allowed public-interest conditional release, but its warrants ran until specified delivery or release events rather than an express 28-day period. Under section 322, suspected-security cases detained under a warrant or released on conditions ceased to be liable to arrest and detention if the Minister declined certification or failed to certify within 14 days of initial arrest. Conditions could include restrictions on specified communications or associations under section 321. The post-six-month test in section 323 excluded persons with section 163 deportation orders. Legacy security-risk-certificate cases remained subject to section 438’s special transition: the former Part 4A continued for those certificates, with specified deportation execution and detention provisions applying under the new Act. Conditional release and security detention were not first created in 2010.","operativeDate":"2010-11-29","year":2010,"affectedGroup":"People detained on suspected security grounds or under section 163 security deportation orders, subject to preserved legacy security-certificate proceedings","materialConditionsAndExceptions":"Validated condition or limit: From November 29, 2010, section 318 of the Immigration Act 2009 provided for warrants of up to 28 days for people arrested and detained on suspicion of a threat or risk to security, or whose deportation was ordered under section 163.; The corresponding former section 79 regime for suspected terrorists and persons under security or terrorism deportation orders also allowed public-interest conditional release, but its warrants ran until specified delivery or release events rather than an express 28-day period.; Under section 322, suspected-security cases detained under a warrant or released on conditions ceased to be liable to arrest and detention if the Minister declined certification or failed to certify within 14 days of initial arrest.; Legacy security-risk-certificate cases remained subject to section 438’s special transition: the former Part 4A continued for those certificates,…","policyCategory":"Enforcement and detention","policyTool":"Judicial warrants of commitment and conditional release","sourceName":"New Zealand Legislation","sourceUrl":"https://www.legislation.govt.nz/act/public/2009/51/en/2010-11-29","preciseCitation":"Immigration Act 2009 detention and transition provisions; Immigration Act 1987 corresponding provisions; Commencement Order 2010 clause 2.","evidencePassage":"318 Decision on application for warrant if threat or risk to security (1) This section applies where an immigration officer applies for a warrant of commitment to authorise the detention of a person— (a) who was arrested and detained under section 313 on the suspicion of an immigration officer or a constable that the person constitutes a threat or risk to security; or (b) whose deportation has been ordered under section 163 . (2) A District Court Judge must, if satisfied on the balance of probabilities that the person is not the person named in the application for the warrant of commitment, order that the person be released from custody immediately. (3) Except where subsection (2) applies, the Judge must— (a) issue a warrant of commitment in the prescribed form authorising the person’s detention, in a place named in the warrant, for a period of up to 28 days; or (b) if satisfied that the release of the person would not be contrary to the public interest, order that the person be released on conditions under section 320 pending the person’s deportation from New Zealand. 79 Powers of District Court Judge in relation to persons in custody (1) Every person who is taken into custody under section 75 or section 78 of this Act shall be brought before a District Court Judge as soon as possible (and in no case later than 48 hours after the person was taken into custody). (2) Where any person is brought before a District Court Judge under subsection (1) of this section, the following provisions shall apply: (a) the Judge shall, if satisfied on the balance of probabilities that the person is not the person named in the deportation order, order that the person be released from custody forthwith: (b) except in a case to which paragraph (a) of this subsection applies, the Judge shall— (i) issue a warrant of commitment in the prescribed form for the detention of the person; or (ii) if satisfied that the release of the person would not be contrary to the public interest, order that the person be released on conditions in accordance with subsection (4) of this section, pending the person's deportation from New Zealand or an order of the High Court under section 84 of this Act. (3) Every warrant of commitment issued under this section shall authorise the person to whom it is addressed to detain the person named in it until— (a) required by a member of the Police to deliver up that person in accordance with section 85 of this Act; or (b) ordered by a District Court Judge under subsection (9)(a) of this section to release that person; or (c) ordered by the High Court or a Judge of the High Court to release that person. (4) Any order for the release of any person under subsection (2)(b) of this section shall be conditional upon the person residing at a specified address and reporting to a Police station, at intervals of not more than 7 days, on such days and at such times and in such manner as the Judge may specify, and may be subject to such other conditions as … may think fit to impose. (5) Any condition imposed under subsection (4) of this section may be varied at any time by a District Court Judge on the application of a member of the Police or the person released, after hearing both parties or having allowed such opportunity for both parties to be heard as seems reasonable in all the circumstances, and any such condition shall take effect as so varied. (6) Any conditions imposed on a person under subsection (4) of this section, and any variation of such conditions under subsection (5) of this section, shall be notified in writing to the person on that person's release or, as the case may require, as soon as possible after the variation is made, and the written notice shall— (a) specify the address at which the person is to reside; and (b) set out any reporting or other conditions imposed; and (c) include a warning that, if the person fails to reside at the specified address or breaches any reporting or other condition, the person is liable to be arrested without warrant and placed in custody. (7) A breach of any condition imposed under subsection (4) of this section, or varied under subsection (5) of this section, shall nullify the order for release, and thereafter the person is liable to be arrested by any member of the Police without warrant and placed in custody. (8) Every person who is arrested under subsection (7) of this section shall be brought before a District Court Judge as soon as possible (and in no case later than 48 hours after the person was arrested), and the Judge shall, if satisfied of the breach, issue a warrant of commitment in the prescribed form for the detention of that person in custody pending that person's deportation from New Zealand. (9) Where, in respect of any person arrested under section 75 of this Act and subsequently detained pursuant to a warrant of commitment or released on conditions under this section, the Minister decides not to make a deportation order, or fails to make a deportation order within 14 days after the day of the arrest, an immigration officer shall forthwith inform the Registrar of a District Court, and the following provisions shall apply: (a) if the person is in custody, a District Court Judge (or, where no Judge is available, the Registrar) shall order that person's release from custody forthwith: (b) if the person was released on conditions, the Judge (or Registrar) shall order that the person shall cease to be bound by those conditions, and the Registrar shall forthwith notify the person accordingly. (10) Any conditions imposed on any person in accordance with this section shall lapse, and the person shall cease to be bound by them, when the person leaves New Zealand. 322 Persons detained under warrant of commitment or released on conditions pending making of deportation order (1) This section applies in the case of a person who was arrested and detained on the suspicion of an immigration officer or a constable that the person constitutes","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-1bdc76d3d516dbccff8b","countryCode":"NZ","country":"New Zealand","title":"Visa framework replaces permits while retaining separate entry permission","policyEffect":"From November 29, 2010, the Immigration Act 2009 replaced the former permit-based authority to be in New Zealand with a visa framework and separate entry permission. Non-citizens generally needed a visa to travel, unless a visa waiver applied, and a visa plus entry permission to enter and be in New Zealand. A visa did not itself guarantee entry permission, except for a permanent resident visa or a resident visa granted in New Zealand; a travel-visa waiver did not itself confer entry permission. Transitional provisions converted existing visas and permits into corresponding visas and, where applicable, deemed entry permission, subject to the specified conditions and exceptions. The framework therefore did not make a visa alone unconditional permission to enter.","operativeDate":"2010-11-29","year":2010,"affectedGroup":"Non-citizens travelling to, entering or staying in new zealand","materialConditionsAndExceptions":"Validated condition or limit: Non-citizens generally needed a visa to travel, unless a visa waiver applied, and a visa plus entry permission to enter and be in New Zealand.; A visa did not itself guarantee entry permission, except for a permanent resident visa or a resident visa granted in New Zealand; Transitional provisions converted existing visas and permits into corresponding visas and, where applicable, deemed entry permission, subject to the specified conditions and exceptions.","policyCategory":"Legal entry and stay","policyTool":"Entry visa / stay permit","sourceName":"New Zealand Legislation / Parliamentary Counsel Office","sourceUrl":"https://www.legislation.govt.nz/act/public/2009/51/en/2010-11-29","preciseCitation":"Immigration Act 1987 (historical); Immigration Act 2009 (historical); Immigration Act 2009 Commencement Order 2010","evidencePassage":"Skip to main content Kāinga Home Tirohia i ngā tari kāwanatanga Browse agencies Ako atu anō Learn more Advanced search Any legislation In force Bills Not in force Title contains Content contains Secondary legislation In force Latest version as at 28 June 2010 (as made) | SR 2010/185 | Administered by Ministry of Business, Innovation, and Employment Immigration Act 2009 Commencement Order 2010 Amendment secondary legislation Versions (1) Empowering Acts (1) Section view Download Search content Secondary legislation In force Latest version as at 28 June 2010 (as made) | SR 2010/185 | Administered by Ministry of Business, Innovation, and Employment Immigration Act 2009 Commencement Order 2010 Hide navigation Contents 1 Title 2 Commencement of certain provisions of Immigration Act 2009 Explanatory note Administrative information 2010/185 Immigration Act 2009 Commencement Order 2010 Rt Hon Dame Sian Elias, Administrator of the Government Order in Council At Wellington this 28th day of June 2010 Present: Her Excellency the Administrator of the Government in Council Pursuant to section 2 of the Immigration Act 2009, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following order. Show contents Contents Order 1 Title This order is the Immigration Act 2009 Commencement Order 2010. 2 Commencement of certain provisions of Immigration Act 2009 (1) Section 477 of the Immigration Act 2009 comes into force on 2 August 2010. (2) The remaining sections of the Immigration Act 2009 that are not in force immediately before 2 am on 29 November 2010, except the following sections, come into force at 2 am on 29 November 2010: (a) section 30: (b) section 31: (c) section 60: (d) section 100: (e) section 104: (f) section 111: (g) section 120: (h) section 149(1)(e): (i) section 278: (j) sections 283 to 291: (k) section 312: (l) section 400(l). Rebecca Kitteridge, Clerk of the Executive Council. Explanatory note This note is not part of the order, but is intended to indicate its general effect. This order brings into force most of the provisions of the Immigration Act 2009. Section 477 comes into force on 2 August 2010. This section amends the Immigration Act 1987 by inserting a new section 141ABA into the Act. New section 141ABA authorises the Department of Labour to disclose certain information to an employer to enable the employer to verify that a person is entitled under that Act to undertake employment in the employer's service. The remaining sections of the Immigration Act 2009 (except the sections listed in the order and the 4 sections already in force) come into force at 2 am on 29 November 2010. The 2 am commencement time on 29 November is to minimise the risk of operational problems at the New Zealand borders as the new immigration processes under the Act come into effect (and those of the Immigration Act 1987 no longer have effect). The 4 provisions of the Immigration Act 2009 that are already in force are sections 474, 475, 476, and 478 (see section 2(4) and (5) of the Immigration Act 2009). The provisions of the Immigration Act 2009 listed in the order that are not brought into force by the order relate to the collection and use of biometric information under the Act, certain powers of search and entry, and a detention power. These are now the only provisions of the Act that await a commencement date. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 1 July 2010. This order is administered by the Department of Labour. Mō About this website Te āheinga kia uru atu Accessibility Ngā tikanga whakamahi Terms of use He manatārua Copyright He tauākī matatapu Privacy statement Whakapā mai Contact us Whakahoki kōrero Feedback … 14 Persons other than New Zealand citizens must hold visa to travel to and be in New Zealand (1) A person who is not a New Zealand citizen may— (a) travel to New Zealand only if the person— (i) is the holder of a visa granted under this Act and the travel is consistent with the conditions of the visa; or (ii) is a person to whom a visa waiver applies (whether authorised by regulation or special direction); and (b) enter and be in New Zealand only if the person is the holder of a visa granted under this Act and he or she has been granted entry permission. (2) To avoid doubt, the fact that an application for a visa has been made by or for any person who is onshore does not— (a) render the person’s presence in New Zealand lawful; or (b) give the person a right to remain in New Zealand while the application is considered; or (c) give the person a right to apply for or be granted any other visa pending determination of the application; or (d) inhibit any deportation procedures under this Act that may apply to the person. (3) This Act applies subject to— (a) sections 90 to 96 of the Extradition Act 1999; and (b) sections 150 to 155 of the International Crimes and International Criminal Court Act 2000. Compare: 1987 No 74 s 4","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5855f8a7be6f89faba1e","countryCode":"NZ","country":"New Zealand","title":"Visa sponsorship: third-party cost recovery with protection for existing undertakings","policyEffect":"From November 29, 2010, sections 48 and 55 of the Immigration Act 2009 provided for visa sponsorship undertakings and expressly made a sponsor liable for a debt to a third party when that party incurred a cost as a result of the sponsor’s failure to comply, recoverable in a court of competent jurisdiction. Crown cost recovery was already provided for temporary-permit sponsorship under section 28 of the Immigration Act 1987; enforceable sponsorship was therefore not wholly new. Under section 55, having the required sponsor and the sponsor meeting the undertaking were visa conditions, and the sponsor’s non-compliance also deemed the visa holder to have breached those conditions. Section 470 carried over qualifying sponsorship undertakings in force immediately before repeal of the former Act into section 55, with necessary modifications, but expressly excluded the third-party-debt provision for those existing undertakings. These consequences applied to required sponsorship undertakings, not every visa holder.","operativeDate":"2010-11-29","year":2010,"affectedGroup":"Required visa sponsors, sponsored visa holders, and third parties incurring costs from a sponsor’s non-compliance","materialConditionsAndExceptions":"Validated condition or limit: Under section 55, having the required sponsor and the sponsor meeting the undertaking were visa conditions, and the sponsor’s non-compliance also deemed the visa holder to have breached those conditions.; Section 470 carried over qualifying sponsorship undertakings in force immediately before repeal of the former Act into section 55, with necessary modifications, but expressly excluded the third-party-debt provision for those existing undertakings.; These consequences applied to required sponsorship undertakings, not every visa holder.","policyCategory":"Sponsorship obligations","policyTool":"Statutory cost recovery and sponsorship visa conditions","sourceName":"New Zealand Legislation","sourceUrl":"https://www.legislation.govt.nz/act/public/1987/74/en/2010-08-02","preciseCitation":"Immigration Act 1987, section 28; Immigration Act 2009, sections 48, 55 and 470; Immigration Act 2009 Commencement Order 2010, clause 2(2).","evidencePassage":"55 Condition that visa holder have sponsor (1) This section applies to a visa holder who, when applying for the visa concerned, was required to provide a written undertaking from a sponsor in accordance with section 48 . (2) It is a condition of the visa that— (a) the visa holder have a sponsor for the purposes of the specified matter or matters provided for in the written undertaking; and (b) the sponsor meets the obligations in relation to the specified matter or matters provided for in the undertaking. (3) If the sponsor fails to comply with the undertaking— (a) the sponsor owes a debt to the Crown, recoverable by the Crown in a court of competent jurisdiction, if the Crown incurs a cost as a result of the failure; and (b) the sponsor owes a debt to a third party, recoverable by the third party in a court of competent jurisdiction, if a cost has been incurred by the third party as a result of the failure; and (c) the visa holder is deemed to have breached the conditions of his or her visa imposed under subsection (2). … 28 Minister may require applicant for temporary permit to have sponsor (1) Without limiting the Minister's discretion under section 27 of this Act, the Minister may, before granting a temporary permit, require the applicant to supply a written undertaking, in a form approved by the Minister, by any person acceptable to the Minister (in subsection (2) of this section called the sponsor) who is a New Zealand citizen or the holder of a residence permit or is exempt under section 12(1) of this Act from the requirement to hold a permit, relating to the employment, accommodation, maintenance (including the costs of any social services of a kind for which benefits are provided by the State), or repatriation of the applicant and any dependants of the applicant in New Zealand, or to any 2 or more of those matters, or to any other matter or matters specified by the Minister, and otherwise upon such conditions as the Minister may require. (2) In the event of the sponsor failing to comply with the whole or any part of the undertaking, the sponsor shall be liable to pay to the Crown all costs and expenses reasonably incurred by the Crown in respect of that failure. Section 28(1): amended, on 18 November 1991, by section 15 of the Immigration Amendment Act 1991 (1991 No 113). … 470 Sponsorship under former Act (1) This section applies to an undertaking if— (a) a person has supplied a written undertaking relating to the employment, accommodation, maintenance, or repatriation of an applicant for a visa or permit under the former Act (whether under section 28 of that Act or otherwise); and (b) the undertaking is in force immediately before the commencement of section 404 of this Act. (2) The undertaking must be treated as an undertaking to which section 55 of this Act applies, and this Act applies accordingly with any necessary modifications. (3) Despite subsection (2), nothing in section 55(3)(b) applies to an undertaking to which this … … Skip to main content Kāinga Home Tirohia i ngā tari kāwanatanga Browse agencies Ako atu anō Learn more Advanced search Any legislation In force Bills Not in force Title contains Content contains Secondary legislation In force Latest version as at 28 June 2010 (as made) | SR 2010/185 | Administered by Ministry of Business, Innovation, and Employment Immigration Act 2009 Commencement Order 2010 Amendment secondary legislation Versions (1) Empowering Acts (1) Section view Download Search content Secondary legislation In force Latest version as at 28 June 2010 (as made) | SR 2010/185 | Administered by Ministry of Business, Innovation, and Employment Immigration Act 2009 Commencement Order 2010 Hide navigation Contents 1 Title 2 Commencement of certain provisions of Immigration Act 2009 Explanatory note Administrative information 2010/185 Immigration Act 2009 Commencement Order 2010 Rt Hon Dame Sian Elias, Administrator of the Government Order in Council At Wellington this 28th day of June 2010 Present: Her Excellency the Administrator of the Government in Council Pursuant to section 2 of the Immigration Act 2009, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following order. Show contents Contents Order 1 Title This order is the Immigration Act 2009 Commencement Order 2010. 2 Commencement of certain provisions of Immigration Act 2009 (1) Section 477 of the Immigration Act 2009 comes into force on 2 August 2010. (2) The remaining sections of the Immigration Act 2009 that are not in force immediately before 2 am on 29 November 2010, except the following sections, come into force at 2 am on 29 November 2010: (a) section 30: (b) section 31: (c) section 60: (d) section 100: (e) section 104: (f) section 111: (g) section 120: (h) section 149(1)(e): (i) section 278: (j) sections 283 to 291: (k) section 312: (l) section 400(l). Rebecca Kitteridge, Clerk of the Executive Council. Explanatory note This note is not part of the order, but is intended to indicate its general effect. This order brings into force most of the provisions of the Immigration Act 2009. Section 477 comes into force on 2 August 2010. This section amends the Immigration Act 1987 by inserting a new section 141ABA into the Act. New section 141ABA authorises the Department of Labour to disclose certain information to an employer to enable the employer to verify that a person is entitled under that Act to undertake employment in the employer's service. The remaining sections of the Immigration Act 2009 (except the sections listed in the order and the 4 sections already in force) come into force at 2 am on 29 November 2010. The 2 am commencement time on 29 November is to minimise the risk of operational problems at the New Zealand borders as the new immigration processes under the Act come into effect (and those of the Immigration Act 1987 no longer have effect). The 4 provisions of the Immigration Ac","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-3fe65ecbbb8376b40922","countryCode":"NZ","country":"New Zealand","title":"Commencement of refugee/protection biometric collection and general biometric provisions","policyEffect":"On December 20, 2010, the Immigration Act 2009 Commencement Order (No 2) 2010 brought sections 30, 31 and 149(1)(e) into force. Section 149(1)(e) authorised biometric collection from people claiming refugee or protected-person status or whose recognition was being investigated; sections 30 and 31 set general provisions for the method of biometric collection and use under the Act. The order did not commence the other biometric collection powers for visa or entry-permission applicants and people arriving in or departing from New Zealand; those provisions still awaited commencement.","operativeDate":"2010-12-20","year":2010,"affectedGroup":"Refugee/protection claimants and people whose refugee/protected-person recognition was being investigated","materialConditionsAndExceptions":"","policyCategory":"Border and land control","policyTool":"Surveillance technology / control powers","sourceName":"New Zealand Legislation / Parliamentary Counsel Office","sourceUrl":"https://www.legislation.govt.nz/secondary-legislation/pco-drafted/2010/410/en/latest","preciseCitation":"Immigration Act 2009 Commencement Order (No 2) 2010","evidencePassage":"This order brings into force, on 20 December 2010, 3 further provisions of the Immigration Act 2009. Section 149(1)(e) authorises the collection of biometric information from a person claiming refugee or protected person status under the Act or whose recognition as a refugee or protected person is being investigated. Sections 30 and 31 are general provisions relating to the method of collection and use of biometric information under the Act. The only provisions of the Act that now await a commencement date are sections 60, 100, 104, 111, 120, 278, 283 to 291, 312, and 400(l). These provisions relate to the collection of biometric information in relation to other people (for example, people applying for visas or entry permission and those arriving in and departing from New Zealand), certain powers of search and entry, and a detention power.","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-25b4afd75a353f931588","countryCode":"NZ","country":"New Zealand","title":"Visiting academics: specified short academic activities excluded from work requirements","policyEffect":"From April 4, 2011, New Zealand’s V3.130 instructions permitted qualifying visiting academics to undertake specified activities using the visitor route, and W2.2 expressly excluded visits meeting V3.130 from the definition of employment. The preceding November 29, 2010 W2.2 text did not contain that academic exclusion. Academics from visa-waiver countries could be granted a three-month visitor visa and entry permission on arrival; others had to obtain a visitor visa before travel. A work visa was required before travel for stays exceeding three months, multiple visits totalling more than three months in a calendar year, or work activities outside those specified. Applicants needed an invitation from the relevant New Zealand tertiary education institute identifying them, confirming that they met the academic requirements, and describing the activities and dates or duration. They had to be well-qualified, employed by an overseas academic or research institution or widely experienced in such employment, and undertaking pedagogical, educational, professional-management or research activities. The listed activities included research collaboration and publication with New Zealand academics; one-off seminars or conferences; specialised short-course teaching or tutoring where New Zealand academics lacked the subject knowledge; obtaining research material available only in New Zealand or research possible only there; academic or research planning, management, professional development and resource sourcing; meetings with a co-supervised postgraduate student enrolled for a New Zealand qualification; performance or studio masterclasses; oral or practical assessment panels, including theses; and study tours. The instruction’s tertiary-institute note listed New Zealand universities, institutes of technology and the three named wānanga. This was a bounded visiting-academic exemption, not unrestricted visitor employment.","operativeDate":"2011-04-04","year":2011,"affectedGroup":"Qualified visiting academics invited by new zealand tertiary education institutes","materialConditionsAndExceptions":"Validated condition or limit: others had to obtain a visitor visa before travel.; A work visa was required before travel for stays exceeding three months, multiple visits totalling more than three months in a calendar year, or work activities outside those specified.; obtaining research material available only in New Zealand or research possible only there","policyCategory":"Legal entry and stay","policyTool":"Travel visa / permit","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/opsmanual/40694.htm","preciseCitation":"INZ Operational Manual V3.130 effective4April2011; W2.2 versions29November2010and4April2011","evidencePassage":"V3.130 Visiting academics (04/04/2011) V3.130 Visiting academics (04/04/2011) See also Immigration Act 2009, s 4 See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 Schedule 2 Visiting academics from countries whose nationals are people to whom a visa waiver applies (see E2.1), may be granted a three-month visitor visa and entry permission on arrival in New Zealand. Visiting academics from countries whose nationals are required to hold a visitor visa to travel to New Zealand must apply for a visitor visa before travelling to New Zealand. Visiting academics must apply for a work visa prior to travelling to New Zealand if they wish to: stay in New Zealand for longer than three months; or make multiple visits with a total duration of more than three months in any calendar year; or undertake any activity that would fall within the definition of work and is not listed at (f) below. Applicants must provide a letter of invitation from the tertiary education institute or institutes where they plan to undertake academic work, confirming: the name of the applicant; and that the applicant is a person specified at (e) below; and the activity or activities the applicant will undertake while in New Zealand; and the dates or duration of the activity or activities to be undertaken. Note: Tertiary education institutes include New Zealand universities, institutes of technology and the three wananga (Te Wananga o Raukawa, Te Whare Wananga o Awanuiarangi, and Te Wananga o Aotearoa). Visiting academics must be: well-qualified in their field; and either employed by an overseas academic or research institution, or have wide experience in such employment; and undertaking activities of a pedagogical, educational, professional management or research nature. Pedagogical, educational, professional management or research activities are excluded from the definition of work. These include: collaborating on research projects with academics working at New Zealand tertiary education institutes, including publishing work with New Zealand academics; and presenting at one-off seminars or conferences organised by the institution; and providing teaching or tutoring for short courses in specialised areas that New Zealand academics do not have the subject knowledge in; and sourcing research material only available in New Zealand (including literature) or conducting research only able to be undertaken in New Zealand; and planning and management (including designing, developing, implementing and reviewing/auditing academic and research courses, programmes and resources; professional development, including teaching methods and curriculum development; and sourcing resource materials for academic and research programmes); and meeting with a post-graduate student who they co-supervise if the student is enrolled at a New Zealand institution from which they will be receiving their qualification, if successful; and undertaking performance classes (e.g. in … or music) or studio master classes (i.e. recording and mastering music); and participating on assessment panels for oral or practical examinations, including for theses; and study tours. Effective 04/04/2011 PREVIOUS IMMIGRATION INSTRUCTIONS V3.130 Visiting academics (25/07/2011) W2.2 Definitions (04/04/2011) W2.2 Definitions (04/04/2011) See also Immigration Act 2009, s 4 W2.2.1 Definition of 'employment' Employment means any activity undertaken for gain or reward, but does not include: visits by persons undertaking business activities detailed in V3.5(b); official business in the service of any government, or of any inter-governmental or international organisation that is entitled to any privileges and immunities under the Diplomatic Privileges and Immunities Act 1968 (see H2); study or training under a scholarship or other award recognised by the Minister; visits by guests of government (guest of government status is granted through the Department of the Prime Minister and Cabinet); visits by persons who meet the special requirements under V3.55, V3.85 or V3.130. 'Gain or reward' includes any payment or benefit that can be valued in terms of money, such as board and lodging, goods (eg, food or clothing) and services (eg, transport). Note: ‘Employment in the context of the INZ Operational Manual has the same meaning as ‘work’ as defined in section 4 of the Immigration Act 2009. This definition does not require employment as an 'employee'. It also covers self-employment. W2.2.5 Definition of 'New Zealand' for employment purposes A person is considered to be undertaking employment in New Zealand if at any time they are employed: on or in relation to any artificial island, installation, or structure anywhere within the territorial sea of New Zealand; or on or in relation to any artificial island, installation, or structure anywhere within the exclusive economic zone of New Zealand or on or above the continental shelf of New Zealand; or on board any craft that is registered in New Zealand and is engaged in activities anywhere: within the territorial sea of New Zealand; or within the New Zealand exclusive economic zone; or on or above the New Zealand continental shelf. A person is considered to be undertaking employment in New Zealand whether or not a New Zealand or overseas resident is providing the payment or benefit for the activity. W2.2.10 Definition of 'full-time employment' Unless otherwise specified, full-time employment is considered to be at least 30 hours of work per week for the purpose of all work instructions. W2.2.15 Definition of 'New Zealand market rate' For the purposes of work instructions (with the exception of WH1 Recognised Seasonal Employer instructions), the New Zealand market rate is the rate of pay which would be required to recruit a New Zealand citizen or residence class visa holder to do equivalent work. When assessing the New Zealand market rate, factors immigration officers may consider, include, but are not lim","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-sse-employer-intention-20110418","countryCode":"NZ","country":"New Zealand","title":"SSE work visa applicants required to demonstrate genuine intention to work for an approved employer","policyEffect":"From April 18, 2011, Supplementary Seasonal Employment (SSE) work-visa applicants had to satisfy an immigration officer that they genuinely intended to work for an SSE-approved employer in horticulture or viticulture. The November 29, 2010 predecessor did not contain this specific requirement or its evidence provision. Evidence could include, without being limited to, an SSE job offer; travel or accommodation arrangements in regions with SSE employers; information about the intended work, employers, crops or regions, or a harvest-trail plan; correspondence with regional seasonal coordinators; or evidence of contact with SSE employers. A job offer was therefore one possible form of evidence, not a mandatory condition for every applicant. Existing eligibility still required applicants to be at least 18, meet health, character and bona fide requirements, hold a return ticket home or funds to buy one, hold a current temporary-entry visa while in New Zealand, never previously have held a TRSE or SSE work visa, and not have held another work visa since their latest entry. Grants also remained dependent on available positions as determined by INZ in consultation with the Ministry of Social Development. SSE visas remained six-month visas without travel conditions, restricted to planting, maintaining, harvesting or packing crops for an employer with SSE approval in principle or an approval under the former TRSE instructions. The May 13, 2011 VisaPak explains the recently updated evidence requirement; it is not a second policy change.","operativeDate":"2011-04-18","year":2011,"affectedGroup":"Onshore temporary-visa holders applying for supplementary seasonal employment work visas","materialConditionsAndExceptions":"Validated condition or limit: The November 29, 2010 predecessor did not contain this specific requirement or its evidence provision.; Evidence could include, without being limited to, an SSE job offer; Existing eligibility still required applicants to be at least 18, meet health, character and bona fide requirements, hold a return ticket home or funds to buy one, hold a current temporary-entry visa while in New Zealand, never previously have held a TRSE or SSE work visa, and not have held another work visa since their latest entry.; The May 13, 2011 VisaPak explains the recently updated evidence requirement","policyCategory":"Legal entry and stay","policyTool":"Work visa / permit","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/opsmanual/74295.htm","preciseCitation":"INZ WH3.10 effective 18 April 2011 compared with 29 November 2010; WH3.5 effective 29 November 2010; VisaPak 16 dated 13 May 2011.","evidencePassage":"WH3.10 Supplementary Seasonal Employment (SSE) work visa instructions (18/04/2011) WH3.10 Supplementary Seasonal Employment (SSE) work visa instructions (18/04/2011) People holding work visas granted under the Supplementary Seasonal Employment (SSE) instructions may undertake seasonal work in the horticulture and viticulture industries (which is planting, maintaining, harvesting or packing crops) for any employer who has a current SSE approval in principle. WH3.10.1 Who is eligible for a SSE work visa? Applicants for SSE work visa must: be aged 18 or older; and meet health and character requirements as set out at A4 and A5 ; and meet the requirements for bona fide applicants as set out at E5; and hold a return ticket to their home country, or provide evidence of sufficient funds to purchase a return ticket. To be granted a visa under SSE instructions an applicant must: be the holder of a current temporary entry class visa in New Zealand; and not have previously held a TRSE or SSE work visa; and not have held any type of work visa since their most recent entry to New Zealand; and satisfy an immigration officer that they have a genuine intention to work for an SSE-approved employer in the horticulture and viticulture industries. SSE work visas will only be granted where there are available positions of employment, as determined by INZ in consultation with the Ministry of Social Development. Evidence that the applicant meets the requirement in (b)(iv) above may include but is not limited to: a job offer from an SSE employer; arrangements for travel to or accommodation in regions where SSE employers are located; evidence of the horticulture and viticulture work the applicant intends to complete, such as information on SSE employers, crops and regions or a harvest trail plan; correspondence with the relevant region’ s seasonal coordinator(s) to obtain information on SSE employers; or evidence of contact with SSE employer(s) whose details are available on the Immigration New Zealand website. WH3.10.5 Currency and conditions of SSE work visas SSE work visas will be granted for a period of six months. Work visas granted under SSE instructions will be subject to the condition that the holder may undertake work planting, maintaining, harvesting or packing crops in the horticulture or viticulture industry only, for an employer who holds a SSE approval in principle or an approval in principle granted under the former TRSE instructions. SSE Work visas will not include travel conditions. Note: After the SSE work visa has been granted, it is recommended that workers who want information about the availability of work with employers who hold SSE or TRSE approvals in principle, or assistance with obtaining such work, contact a Seasonal Labour Co-ordinator in the region/s where they want to work. Contact details of Seasonal Labour Co-ordinators are available from INZ. WH3.10.10 Applying for a work visa under SSE instructions Applications for a SSE work visa … made on the form SSE Work Application (INZ 1153) ; and meet all the requirements under Generic Temporary Entry instructions for lodging an application for a temporary entry class visa as set out at E4 ; and meet all the requirements for eligibility under WH3.10.1. Effective 18/04/2011 PREVIOUS IMMIGRATION INSTRUCTIONS WH3.10 Supplementary Seasonal Employment (SSE) work visa instructions (04/04/2022) WH3.10 Supplementary Seasonal Employment (SSE) work visa instructions (13/03/2022) WH3.10 Supplementary Seasonal Employment (SSE) work visa instructions (09/06/2021) WH3.10 Supplementary Seasonal Employment (SSE) work visa instructions (01/12/2020) WH3.10 Supplementary Seasonal Employment (SSE) work visa instructions (01/10/2020) WH3.10 Supplementary Seasonal Employment (SSE) work visa instructions (29/11/2010) WH3.10 Supplementary Seasonal Employment (SSE) work visa instructions (29/11/2010) WH3.10 Supplementary Seasonal Employment (SSE) work visa instructions (29/11/2010) People holding work visas granted under the Supplementary Seasonal Employment (SSE) instructions may undertake seasonal work in the horticulture and viticulture industries (which is planting, maintaining, harvesting or packing crops) for any employer who has a current SSE approval in principle. WH3.10.1 Who is eligible for a SSE work visa? Applicants for SSE work visa must: be aged 18 or older; and meet health and character requirements as set out at A4 and A5 ; and meet the requirements for bona fide applicants as set out at E5 ; and hold a return ticket to their home country, or provide evidence of sufficient funds to purchase a return ticket. To be granted a visa under SSE instructions an applicant must: be the holder of a current temporary entry class visa in New Zealand; and not have previously held a TRSE or SSE work visa; and not have held any type of work visa since their most recent entry to New Zealand. SSE work visa applications will only be granted where there are available positions of employment, as determined by INZ in consultation with the Ministry of Social Development. WH3.10.5 Currency and conditions of a SSE work visa SSE work visa will be granted for a period of six months. Work visas granted under SSE instructions will be subject to the condition that the holder may undertake work planting, maintaining, harvesting or packing crops in the horticulture or viticulture industry only, for an employer who holds a SSE approval in principle or an approval in principle granted under the former TRSE instructions. SSE Work visas will not include travel conditions. Note: After the SSE work visa has been granted, it is recommended that workers who want information about the availability of work with employers who hold SSE or TRSE approvals in principle, or assistance with obtaining such work, contact a Seasonal Labour Co-ordinator in the region/s where they want to work. Contact details of Seasonal Labour Co-ordinators are available from INZ. WH3.10.10 Applying for a wo","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-investor-acceptable-assets-20110725","countryCode":"NZ","country":"New Zealand","title":"Expansion of acceptable investments for migrant investor categories to include registered bank bonds/equities, residential property developments, and finance-company bonds","policyEffect":"Effective 25/07/2011, the definition of acceptable investments for migrant investor categories was expanded. Previously, direct or indirect investment in residential property development and deposit-taking financial institutions (including banks and finance companies) was prohibited. Under the updated rules, acceptable investments include bonds issued by New Zealand registered banks, equities in New Zealand registered banks, residential property developments, and bonds in finance companies, which a Business Immigration Specialist may consider acceptable where the finance company is a wholly-owned subsidiary of, raises capital solely for, and has all its debt securities unconditionally guaranteed by a New Zealand Stock Exchange listed company or a local authority. Residential property developments are subject to specific conditions: they must be new developments on new or existing sites, cannot include renovation or extension of existing developments, must have gained required regulatory consents and approvals, must aim for a commercial return on the open market, and cannot be resided in by the principal investor's family, relatives, or associated persons. Furthermore, costs associated with obtaining regulatory approval do not count towards acceptable investments. General conditions continue to apply: investments must be capable of a commercial return, not for personal use, invested in New Zealand in New Zealand currency, invested in lawful enterprises or managed funds complying with New Zealand law, and have the potential to contribute to New Zealand's economy. Managed funds qualify only for the proportion invested in New Zealand companies; international exposure does not count towards that proportion. The investment value is based on net purchase price, excluding accrued interest, commission, brokerage and trade levy, and a business immigration specialist retains case-by-case discretion where a failure to meet requirements was beyond the principal applicant's control.","operativeDate":"2011-07-25","year":2011,"affectedGroup":"Investor 1 and investor 2 principal applicants","materialConditionsAndExceptions":"Validated condition or limit: Residential property developments are subject to specific conditions: they must be new developments on new or existing sites, cannot include renovation or extension of existing developments, must have gained required regulatory consents and approvals, must aim for a commercial return on the open market, and cannot be resided in by the principal investor's family, relatives, or associated persons.; General conditions continue to apply: investments must be capable of a commercial return, not for personal use, invested in New Zealand in New Zealand currency, invested in lawful enterprises or managed funds complying with New Zealand law, and have the potential to contribute to New Zealand's economy.; Managed funds qualify only for the proportion invested in New Zealand companies","policyCategory":"Legal entry and stay","policyTool":"Residence conditions","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/opsmanual/41451.htm","preciseCitation":"INZ complete dated operational manual provisions, predecessor29November2010 and operative25July2011.","evidencePassage":"BJ3.10 Investment funds (25/07/2011) BJ3.10 Investment funds (25/07/2011) The principal applicant must invest a minimum of NZ$10 million in New Zealand for a period of three years. The principal applicant must: nominate funds and/or assets equivalent in value to NZ$10 million; and demonstrate ownership of these funds and/or assets (see BJ3.10.1); and demonstrate that the nominated funds and/or assets have been earned or acquired legally (see BJ3.10.1 (c) below). All invested funds must meet the conditions of an acceptable investment as set out under BJ3.10.25. BJ3.10.1 Ownership of nominated funds and/or assets Nominated funds and/or assets may be owned either: solely by the principal applicant; or jointly by the principal applicant and partner and/or dependent children who are included in the resident visa application, provided a business immigration specialist is satisfied the principal applicant and partner have been living together for 12 months or more in a partnership that is genuine and stable (see R2.1.15 and R2.1.15.1 (b) and R2.1.15.5 (a)(i)). If so, the principal applicant may claim the full value of such jointly owned funds or assets for assessment purposes. If nominated funds and/or assets are held jointly by the principal applicant and a person other than their partner or dependent child, the principal applicant may only claim the value of that portion of funds and/or assets for which they provide evidence of ownership. The principal applicant may only nominate funds and/or assets that they earned or acquired legally, including funds and/or assets which have been gifted to them unconditionally and in accordance with local law. Where nominated funds and/or assets have been gifted to the principal applicant a business immigration specialist must be satisfied that the funds and/or assets being gifted were earned lawfully by the person/s gifting the funds and/or assets. The nominated funds and/or assets must be unencumbered. The nominated funds and/or assets must not be borrowed. BJ3.10.5 Definition of 'funds earned or acquired legally' Funds and/or assets earned or acquired legally are funds and/or assets earned or acquired in accordance with the laws of the country in which they were earned or acquired. Business immigration specialists have discretion to decline an application if they are satisfied that, had the funds and/or assets been earned or acquired in the same manner in New Zealand, they would have been earned or acquired contrary to the criminal law of New Zealand. BJ3.10.10 Definition of 'unencumbered funds' Unencumbered funds are funds that are not subject to any mortgage, lien, charge and/or encumbrance (whether equitable or otherwise) or any other creditor claims. BJ3.10.15 Funds already held in New Zealand Funds held in New Zealand at the time the application is made may be included in investment funds. However, periods of investment in New Zealand before approval in principle cannot be taken into account when … three-year investment period. Funds held in New Zealand must originally have been transferred to New Zealand through the banking system, or a foreign exchange company that uses the banking system from the country or countries in which they were earned or acquired legally, or have been earned or acquired lawfully in New Zealand (see BJ7.10 ). BJ3.10.20 Evidence of the principal applicant's nominated funds and assets Principal applicants must provide evidence of net funds and/or assets to the value of the required investment funds. Principal applicants must provide evidence to the satisfaction of a business immigration specialist that the nominated funds and/or assets were earned or acquired legally. All documents provided as valuations of assets must be: no more than three months old at the date the resident visa application is made; and produced by a reliable independent agency. A business immigration specialist may seek further evidence if they: are not satisfied that the nominated funds and/or assets were earned or acquired legally; or consider that the nominated funds and/or assets may have been gifted or borrowed without being declared; or are not satisfied with the valuation provided; or consider that the nominated funds and/or assets fail in some other way to meet the rules for investment funds. BJ3.10.25 Definition of 'acceptable investment' An acceptable investment means an investment that: is capable of a commercial return under normal circumstances; and is not for the personal use of the applicant(s) (see BJ5.50.1 below); and is invested in New Zealand in New Zealand currency; and is invested in lawful enterprises or managed funds (see BJ5.50.5) that comply with all relevant laws in force in New Zealand; and has the potential to contribute to New Zealand's economy; and is invested in either one or more of the following: bonds issued by the New Zealand government or local authorities; or bonds issued by New Zealand firms traded on the New Zealand Debt Securities Market (NZDX); or bonds issued by New Zealand firms with at least a BBB- or equivalent rating from internationally recognised credit rating agencies (for example, Standard and Poor's); or equity in New Zealand firms (public or private including managed funds); or bonds issued by New Zealand registered banks; or equities in New Zealand registered banks; or residential property development(s) (see BJ3.10.40); or bonds in finance companies (see BJ3.10.25 (c)). Note: For the purposes of these instructions, convertible notes are considered to be an equity investment. New Zealand registered banks are defined by the New Zealand Reserve Bank Act 1989. Notwithstanding (a) above, where an investment fails to meet one of the acceptable investment requirements, a business immigration specialist may consider, on a case by case basis, whether the failure was beyond the control of the principal applicant and if satisfied that this was the case, may consider the investment acceptable. A Bus","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-investor1-presence-20110725","countryCode":"NZ","country":"New Zealand","title":"Investor 1 annual physical-presence requirement reduced from 73 to 44 days","policyEffect":"From July 25, 2011, BJ8.15 reduced the minimum annual time in New Zealand for the principal applicant under the Investor 1 Category from 20 percent (73 days) to 12 percent (44 days) during the required investment period. The Investor 2 annual requirement remained 40 percent (146 days).","operativeDate":"2011-07-25","year":2011,"affectedGroup":"Principal applicant under each category of the migrant investment categories","materialConditionsAndExceptions":"Validated condition or limit: From July 25, 2011, BJ8.15 reduced the minimum annual time in New Zealand for the principal applicant under the Investor 1 Category from 20 percent (73 days) to 12 percent (44 days) during the required investment period.; The Investor 2 annual requirement remained 40 percent (146 days).","policyCategory":"Legal entry and stay","policyTool":"Residence conditions","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/opsmanual/41454.htm","preciseCitation":"INZ BJ8.15 complete versions effective29November2010,25July2011 and7November2011; narrowly the annual-presence threshold.","evidencePassage":"The time periods are: Investor 1 Category – 12 percent of each year (44 days per year). Investor 2 Category – 40 percent of each year (146 days per year). … Effective 25/07/2011 … the principal applicant under each category of the Migrant Investment Categories … As set out at BJ8.10(a) , the principal applicant under each category of the Migrant Investment Categories must spend a minimum period of time in New Zealand during the required investment period.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-smc-job-search-recent-graduate-bar-20110725","countryCode":"NZ","country":"New Zealand","title":"SMC job-search visa barred for onshore recent Study-to-Work visa holders","policyEffect":"From July 25, 2011, a principal applicant who is in New Zealand and currently holds, or has held within the previous 24 months, a work visa granted under the WD Study to Work instructions is not eligible for a work visa under the Skilled Migrant Category Job Search Instructions.","operativeDate":"2011-07-25","year":2011,"affectedGroup":"Principal applicants who are in new zealand and currently hold, or in the last 24 months have held, a work visa granted under the wd study to work instructions","materialConditionsAndExceptions":"Validated condition or limit: From July 25, 2011, a principal applicant who is in New Zealand and currently holds, or has held within the previous 24 months, a work visa granted under the WD Study to Work instructions is not eligible for a work visa under the Skilled Migrant Category Job Search Instructions.","policyCategory":"Legal entry and stay","policyTool":"Residence and work visa eligibility","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/opsmanual/66915.htm","preciseCitation":"WR5 Work to Residence (Skilled Migrant Category) Instructions (04/04/2011); WR5 Skilled Migrant Category Job Search Instructions (25/07/2011); SM21.10 Assessment of whether a principal applicant can realise their potential to successfully settle and contribute (04/04/2011); SM21.10 Assessment of whether a principal applicant can realise their potential to successfully settle and contribute (25/07/2011)","evidencePassage":"Effective 25/07/2011 … If the principal applicant is in New Zealand and currently holds, or in the last 24 months has held, a work visa granted under the WD Study to Work instructions … then they are not eligible for a work visa under these instructions. … If the principal applicant is in New Zealand and holds, or in the last 24 months, has held a work visa granted under the WD Study to work instructions then they are not eligible for a work visa under the SMC Job Search Instructions ( WR5 (b) ).","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-smc-nz-study-bonus-points-20110725","countryCode":"NZ","country":"New Zealand","title":"SMC New Zealand qualification bonus points tied to degree level and duration","policyEffect":"From July 25, 2011, SMC bonus points for New Zealand qualifications used new qualification-level and study-duration criteria. A recognised New Zealand level 7 bachelor degree requiring at least two years of full-time study in New Zealand earned 10 points, with study over four semesters and at least 16 months. A recognised postgraduate level 8, 9 or 10 qualification requiring at least one year of full-time New Zealand study earned 10 points; a postgraduate level 9 or 10 qualification requiring at least two years earned 15. Qualifications gained with New Zealand Aid Programme funding remained ineligible for bonus points. The preceding rule awarded five points for two years of qualifying full-time New Zealand study, five for a recognised basic New Zealand level 4–8 qualification, and ten for a recognised New Zealand postgraduate level 9 or 10 qualification. These preceding bonus provisions remained available where the qualification was gained before July 25, 2011 or the applicant had commenced the course towards the recognised New Zealand qualification on July 24, as worded in the archived instruction; the old provisions allowed bonus points for both a basic and a postgraduate qualification. For the two-year full-time-study assessment, the retained definition covered tertiary undergraduates enrolled in at least three papers per semester, tertiary postgraduates with at least 100 credits per calendar year or a workload of at least 20 hours weekly, and private-training-establishment students with at least 20 hours weekly attendance. This is separate from the ordinary recognised-qualification points scale.","operativeDate":"2011-07-25","year":2011,"affectedGroup":"Smc principal applicants claiming bonus points for new zealand qualifications","materialConditionsAndExceptions":"Validated condition or limit: A recognised New Zealand level 7 bachelor degree requiring at least two years of full-time study in New Zealand earned 10 points, with study over four semesters and at least 16 months.; A recognised postgraduate level 8, 9 or 10 qualification requiring at least one year of full-time New Zealand study earned 10 points; a postgraduate level 9 or 10 qualification requiring at least two years earned 15.; These preceding bonus provisions remained available where the qualification was gained before July 25, 2011 or the applicant had commenced the course towards the recognised New Zealand qualification on July 24, as worded in the archived instruction; For the two-year full-time-study assessment, the retained definition covered tertiary undergraduates enrolled in at least three papers per semester, tertiary postgraduates with at least 100 credits per calendar year or a workload of at least…","policyCategory":"Legal entry and stay","policyTool":"Residence and work visa eligibility","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/opsmanual/41491.htm","preciseCitation":"SM15.5 Bonus points for New Zealand qualifications (07/02/2011); SM15.5 Bonus points for New Zealand qualifications (25/07/2011)","evidencePassage":"SM15.5 Bonus points for New Zealand qualifications (25/07/2011) SM15.5 Bonus points for New Zealand qualifications (25/07/2011) A recognised New Zealand bachelor degree (level seven on the NZQF) (see SM14.5 ) requiring a minimum of two years of full-time study in New Zealand qualifies for 10 points, providing the full-time study was over four semesters during a period of at least 16 months. A recognised post-graduate New Zealand qualification requiring a minimum of one year of full-time study in New Zealand (levels eight, nine, or 10 on the NZQF) (see SM14.5) qualifies for 10 points. A recognised post-graduate New Zealand qualification requiring a minimum of two years of full-time study in New Zealand (level nine or ten on the NZQF) (see SM14.5) qualifies for 15 points. Qualifications gained with New Zealand Aid Programme funding will not qualify for bonus points. Despite (a), (b), and (c) above, the principal applicant will be eligible for New Zealand qualification bonus points under SM15.5.1 if they: gained the qualification before 25 July 2011; or had commenced a course of study towards a recognised New Zealand qualification on 24 July 2011. SM15.5.1 Bonus points for New Zealand qualifications commenced in or completed before 25 July 2011 Two years of full-time study in New Zealand towards a recognised New Zealand qualification qualifies for five points, providing the full-time study was over four semesters during a period of at least 16 months. A recognised basic New Zealand qualification from level four up to and including level eight on the NZQF qualifies for five points. A recognised post-graduate New Zealand qualification that is at level nine or ten on the NZQF qualifies for 10 points. Note: Applicants who hold a recognised basic New Zealand qualification and a recognised post-graduate New Zealand qualification are entitled to claim bonus points for both qualifications. SM15.5.5 Definition of 'full-time study' for the purpose of the Skilled Migrant Category For the purposes of awarding bonus points for two years of full-time study in New Zealand towards a recognised New Zealand qualification under the SMC, study undertaken in New Zealand is defined as full-time where: an undergraduate student at a tertiary education institution was enrolled in at least three papers per semester; or a post-graduate student at a tertiary education institution was enrolled in either a course of study: that resulted in at least 100 credits per calendar year; or with a workload of at least 20 hours per week; or a student at a private training establishment was enrolled in a course of study that required attendance for a minimum of 20 hours per week. Effective 25/07/2011 PREVIOUS IMMIGRATION INSTRUCTIONS SM15.5 Bonus points for New Zealand qualifications (26/03/2012) SM15.5 Bonus points for New Zealand qualifications (07/11/2011) SM15.5 Bonus points for New Zealand qualifications (07/02/2011) SM15.5 Bonus points for New Zealand qualifications (29/11/2010) … Bonus points for New Zealand qualifications (25/07/2011) SM15.5 Bonus points for New Zealand qualifications (25/07/2011) A recognised New Zealand bachelor degree (level seven on the NZQF) (see SM14.5 ) requiring a minimum of two years of full-time study in New Zealand qualifies for 10 points, providing the full-time study was over four semesters during a period of at least 16 months. A recognised post-graduate New Zealand qualification requiring a minimum of one year of full-time study in New Zealand (levels eight, nine, or 10 on the NZQF) (see SM14.5) qualifies for 10 points. A recognised post-graduate New Zealand qualification requiring a minimum of two years of full-time study in New Zealand (level nine or ten on the NZQF) (see SM14.5) qualifies for 15 points. Qualifications gained with New Zealand Aid Programme funding will not qualify for bonus points. Despite (a), (b), and (c) above, the principal applicant will be eligible for New Zealand qualification bonus points under SM15.5.1 if they: gained the qualification before 25 July 2011; or had commenced a course of study towards a recognised New Zealand qualification on 24 July 2011. SM15.5.1 Bonus points for New Zealand qualifications commenced in or completed before 25 July 2011 Two years of full-time study in New Zealand towards a recognised New Zealand qualification qualifies for five points, providing the full-time study was over four semesters during a period of at least 16 months. A recognised basic New Zealand qualification from level four up to and including level eight on the NZQF qualifies for five points. A recognised post-graduate New Zealand qualification that is at level nine or ten on the NZQF qualifies for 10 points. Note: Applicants who hold a recognised basic New Zealand qualification and a recognised post-graduate New Zealand qualification are entitled to claim bonus points for both qualifications. SM15.5.5 Definition of 'full-time study' for the purpose of the Skilled Migrant Category For the purposes of awarding bonus points for two years of full-time study in New Zealand towards a recognised New Zealand qualification under the SMC, study undertaken in New Zealand is defined as full-time where: an undergraduate student at a tertiary education institution was enrolled in at least three papers per semester; or a post-graduate student at a tertiary education institution was enrolled in either a course of study: that resulted in at least 100 credits per calendar year; or with a workload of at least 20 hours per week; or a student at a private training establishment was enrolled in a course of study that required attendance for a minimum of 20 hours per week. Effective 25/07/2011 PREVIOUS IMMIGRATION INSTRUCTIONS SM15.5 Bonus points for New Zealand qualifications (26/03/2012) SM15.5 Bonus points for New Zealand qualifications (07/11/2011) SM15.5 Bonus points for New Zealand qualifications (07/02/2011) SM15.5 Bonus points for New Zealand qualifications (29/11/2010) SM15.5 B","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-smc-qualification-points-20110725","countryCode":"NZ","country":"New Zealand","title":"SMC recognised-qualification points redistributed by qualification level","policyEffect":"From July 25, 2011, SMC points for recognised qualifications at NZQF levels 9 and 10 increased from 55 to 60, while levels 5 and 6 decreased from 50 to 40; levels 7 and 8 remained at 50. Eligible level 4 qualifications and level 3 qualifications recognised as an exception decreased from 50 to 40. Level 4 qualifications still had to qualify through the List of Qualifications Exempt from Assessment or through NZQA assessment, relevance to a listed skilled occupation and the exclusion rules; listed level 3 qualifications still had to meet the exception-list requirements. Points were not cumulative: they applied to one qualification or to qualifications assessed in combination, with a maximum of the applicable 40, 50 or 60 points. The July rule retained non-recognition of qualifications gained while unlawfully resident or without required study authority and added ESOL qualifications to the exclusion list. A qualifying New Zealand qualification at levels 3–6 retained 50 points if it would have qualified under the SMC rules in force on July 24, 2011 and was completed before July 25, or the applicant had commenced the course leading to the qualification on July 24, as worded in the archived instruction. This component concerns recognised-qualification points, not separate New Zealand-study bonus points.","operativeDate":"2011-07-25","year":2011,"affectedGroup":"Smc principal applicants claiming points for recognised qualifications","materialConditionsAndExceptions":"Validated condition or limit: Eligible level 4 qualifications and level 3 qualifications recognised as an exception decreased from 50 to 40.; Level 4 qualifications still had to qualify through the List of Qualifications Exempt from Assessment or through NZQA assessment, relevance to a listed skilled occupation and the exclusion rules; listed level 3 qualifications still had to meet the exception-list requirements.; Points were not cumulative: they applied to one qualification or to qualifications assessed in combination, with a maximum of the applicable 40, 50 or 60 points.; The July rule retained non-recognition of qualifications gained while unlawfully resident or without required study authority and added ESOL qualifications to the exclusion list.; A qualifying New Zealand qualification at levels 3–6 retained 50 points if it would have qualified under the SMC rules in force on July 24, 2011 and was completed…","policyCategory":"Legal entry and stay","policyTool":"Residence and work visa eligibility","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/opsmanual/41490.htm","preciseCitation":"SM14.10 Points for recognised qualifications (04/04/2011); SM14.10 Points for recognised qualifications (25/07/2011)","evidencePassage":"SM14.10 Points for recognised qualifications (25/07/2011) SM14.10 Points for recognised qualifications (25/07/2011) Qualifications are recognised and qualify for points as follows: Qualifications assessed as occupying levels nine and ten on the NZQF qualify for 60 points. Qualifications assessed as occupying levels seven, or eight on the NZQF qualify for 50 points. Qualifications assessed as occupying level five or six on the NZQF qualify for 40 points. Qualifications assessed as occupying level four on the NZQF qualify for 40 points by inclusion in the List of Qualifications Exempt from Assessment (see Appendix 3 ) if they meet the requirements specified in that list. Qualifications assessed as occupying level four on the NZQF qualify for 40 points if they are assessed by the NZQA and are: relevant to an occupation listed at part B or part C of the List of Skilled Occupations (see Appendix 6 ); and not included on the list of Excluded Qualifications (see SM14.10.5). Qualifications assessed as occupying level three on the NZQF that are included on the List of Qualifications Recognised as an Exception (see SM14.10.10), and meet the requirements specified in that list, qualify for 40 points. Points are provided for: one qualification only; or two or more qualifications assessed in combination. Note: Points for recognised qualifications are not cumulative. A principal applicant may qualify for only 40, 50, or 60 points. For example, if an applicant has two level nine qualifications on the NZQF they may still only qualify for 60 points. Note: A qualification will not be recognised if gained while in a country where the principal applicant was either an unlawful resident or required authority to study, but did not have such authority. SM14.10.1 New Zealand qualifications Despite SM14.10, SM14.10.5 and SM14.10.10, a New Zealand qualification at levels three, four, five or six on the NZQF qualifies for 50 points if: it would have met the requirements for the award of points under the Skilled Migrant Category that was in effect on 24 July 2011; and the principal applicant completed the qualification before 25 July 2011 or the principal applicant had commenced a course of study, resulting in the qualification for which they are claiming points, on 24 July 2011. SM14.10.5 Excluded qualifications The qualifications listed below are excluded from recognition under the Skilled Migrant Category and do not qualify for points. This list may be amended by the deletion or addition of qualifications from time to time, as approved by the Minister of Immigration. Level four qualifications that are not a New Zealand National Certificate (or compared to a New Zealand National Certificate by the NZQA). Any English for Speakers of Other Languages (ESOL) qualification. Note: Immigration officers must ensure that the qualification is a National Certificate or comparable to a National Certificate and may refer to the following for confirmation: ~ the www.nzqf.govt.nz … ~ written confirmation provided by the New Zealand Qualifications Authority (NZQA) to the Tertiary Education Provider confirming the qualification is a National Certificate, ~ a NZQA International Qualification Assessment (IQA); or ~ a NZQA Qualifications Assessment Report (QAR). SM14.10.10 Qualifications recognised as an exception The qualifications included in the list held at Appendix 8 are recognised for the award of points as an exception under the Skilled Migrant Category. Qualifications in this list, awarded by an institution included in this list, do not require assessment by the New Zealand Qualifications Authority. Effective 25/07/2011 PREVIOUS IMMIGRATION INSTRUCTIONS SM14.10 Points for recognised qualifications (04/04/2011) SM14.10 Points for recognised qualifications (29/11/2010) SM14.10 Points for recognised qualifications (25/07/2011) SM14.10 Points for recognised qualifications (25/07/2011) Qualifications are recognised and qualify for points as follows: Qualifications assessed as occupying levels nine and ten on the NZQF qualify for 60 points. Qualifications assessed as occupying levels seven, or eight on the NZQF qualify for 50 points. Qualifications assessed as occupying level five or six on the NZQF qualify for 40 points. Qualifications assessed as occupying level four on the NZQF qualify for 40 points by inclusion in the List of Qualifications Exempt from Assessment (see Appendix 3 ) if they meet the requirements specified in that list. Qualifications assessed as occupying level four on the NZQF qualify for 40 points if they are assessed by the NZQA and are: relevant to an occupation listed at part B or part C of the List of Skilled Occupations (see Appendix 6 ); and not included on the list of Excluded Qualifications (see SM14.10.5). Qualifications assessed as occupying level three on the NZQF that are included on the List of Qualifications Recognised as an Exception (see SM14.10.10), and meet the requirements specified in that list, qualify for 40 points. Points are provided for: one qualification only; or two or more qualifications assessed in combination. Note: Points for recognised qualifications are not cumulative. A principal applicant may qualify for only 40, 50, or 60 points. For example, if an applicant has two level nine qualifications on the NZQF they may still only qualify for 60 points. Note: A qualification will not be recognised if gained while in a country where the principal applicant was either an unlawful resident or required authority to study, but did not have such authority. SM14.10.1 New Zealand qualifications Despite SM14.10, SM14.10.5 and SM14.10.10, a New Zealand qualification at levels three, four, five or six on the NZQF qualifies for 50 points if: it would have met the requirements for the award of points under the Skilled Migrant Category that was in effect on 24 July 2011; and the principal applicant completed the qualification before 25 July 2011 or the principal applicant had commenced a c","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-975008b6b5d7b54acc75","countryCode":"NZ","country":"New Zealand","title":"Study-to-Work qualification levels and minimum New Zealand study periods tightened","policyEffect":"From April 2, 2012, applicants under the Graduate Work Experience and Graduate Job Search work-visa instructions became subject to the qualification requirements in WD1.10. The preceding November 2011 instructions required successful completion in New Zealand of a qualification qualifying for Skilled Migrant Category points but did not contain these additional level-and-duration thresholds. WD1.10 retained the points-qualifying New Zealand qualification requirement and added three alternatives: a level 7 or higher qualification studied in New Zealand for at least one academic year; a two-year level 4–6 qualification studied in New Zealand for at least two academic years; or two level 4–6 qualifications each requiring at least one academic year of study in New Zealand, with the second at a higher level and two years of New Zealand study in total. An academic year meant at least two semesters over at least eight months of study. WD1.10(c) exempted qualifying New Zealand qualifications gained before April 2, 2012 and included a study-commencement exemption: the archived April text says the programme had commenced “on 1 April 2012”, while the July successor and December official explanation say “on or before 1 April 2012”. This record preserves that source wording discrepancy and does not resolve how the earlier wording was administered. Other requirements of the respective work-visa routes continued to apply.","operativeDate":"2012-04-02","year":2012,"affectedGroup":"New zealand qualification holders seeking graduate work experience or graduate job search work visas","materialConditionsAndExceptions":"Validated condition or limit: From April 2, 2012, applicants under the Graduate Work Experience and Graduate Job Search work-visa instructions became subject to the qualification requirements in WD1.10.; The preceding November 2011 instructions required successful completion in New Zealand of a qualification qualifying for Skilled Migrant Category points but did not contain these additional level-and-duration thresholds.; WD1.10 retained the points-qualifying New Zealand qualification requirement and added three alternatives: a level 7 or higher qualification studied in New Zealand for at least one academic year; a two-year level 4–6 qualification studied in New Zealand for at least two academic years; or two level 4–6 qualifications each requiring at least one academic year of study in New Zealand, with the second at a higher level and two years of New Zealand study in total.; An academic year meant at least two…","policyCategory":"Legal entry and stay","policyTool":"Work visa / permit","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/opsmanual/43659.htm","preciseCitation":"WD1, WD2 and WD1.10 effective 2 April 2012; WD1/WD2 predecessor 7 November 2011; WD1.10 successor 30 July 2012; VisaPak 95 dated 14 December 2012.","evidencePassage":"WD1 Graduate Work Experience Visa (02/04/2012) WD1 Graduate Work Experience Visa (02/04/2012) To be eligible for a work visa under these instructions, applicants must: meet the qualification requirements as set out in WD1.10 ; and hold an offer of full-time employment relevant to their course or qualification (see WD1.5); and if they were an New Zealand Aid Programme-supported student, meet requirements set out at U11.1(d) . A work visa may be granted for a maximum of 2 years to obtain practical work experience suitable to the applicant's course or qualification, unless (c) below applies. A work visa may be granted for a maximum period of 3 years if: the applicant is working towards membership or registration with a New Zealand professional association which requires more than two years of practical work experience; and such membership or registration is a requirement for the person to fully perform their professional duties; and the applicant provides evidence the employment is considered relevant practical experience by the professional association, including but not limited to documentation from the professional association, or from the employer, stating how the employment meets the requirements set by the professional association; and the applicant has completed a New Zealand qualification which meets the requirements for registration or membership of the professional association. To be granted a work visa under these instructions, applicants must: apply no later than 3 months after the end date of their student visa for that course or qualification or, if the qualification was a Doctoral Degree, no later than 6 months after the end date of their student visa; or hold a 'graduate job search work visa’ (see WD2 ). Note: A person must have successfully completed the qualification stated as a condition on their student visa in order to meet the requirements of WD1(d)i. Applicants must provide: a completed work application form and fee; and evidence of an offer of full-time employment relevant to their course or qualification (see WD1.5); and evidence that they meet the requirements in WD1(a); and an Employer Supplementary Form Work Visa Application (INZ 1113) completed by their employer. Applicants must also provide: evidence that the work visa application is being made no later than 3 months after the end date of their student visa for that course or qualification; or evidence that they hold a 'graduate job search work visa’ (see WD2). A work visa will only be granted where an immigration officer is satisfied that the offer of full-time employment is one which will provide practical experience relevant to the applicant's course or qualification. Any work visas granted under these instructions may be subject to any or all of the conditions as listed at W2.25 . Effective 02/04/2012 PREVIOUS IMMIGRATION INSTRUCTIONS WD1.5 Relevance of qualification(s) to employment (to 25/11/2018) WD1.10 Qualification requirements (to 25/11/2018) WD1 Post-study … visa – employer assisted (07/12/2015) WD1 Post-study work visa – employer assisted (24/03/2014) WD1 Post-study work visa – employer assisted (02/12/2013) WD1 Graduate Work Experience Visa (26/11/2012) WD1 Graduate Work Experience Visa (07/11/2011) WD1 Graduate Work Experience Visa (25/07/2011) WD1 Work on completion of a course of study, with an offer of employment (07/02/2011) WD1 Work on completion of a course of study, with an offer of employment (29/11/2010) WD1 Graduate Work Experience Visa (07/11/2011) WD1 Graduate Work Experience Visa (25/07/2011) WD1 Work on completion of a course of study, with an offer of employment (07/02/2011) WD1 Work on completion of a course of study, with an offer of employment (29/11/2010) WD2 Graduate job search work visa (02/04/2012) WD2 Graduate job search work visa (02/04/2012) People may be granted a work visa for a maximum of 12 months who: meet the qualification requirements as set out at WD1.10 ; and apply no later than 3 months after the end date of their student visa for that course or qualification or, if the qualification was a Doctoral Degree, no later than 6 months after the end date of their student visa; and have met requirements set out in U11.1(d) if their studies have been supported under the New Zealand Aid Programme. Note: A person must have successfully completed the qualification stated as a condition on their student visa in order to meet the requirements of WD2(a)ii. To be eligible for a work visa, applicants must not previously have been granted a visa under these instructions unless they have undertaken and completed a second higher New Zealand qualification at bachelor degree or post-graduate degree level. Evidence of an offer of employment is not required. Applicants must provide: a completed work visa application form and fee; and evidence that they have completed a qualification in New Zealand that would qualify for points under Skilled Migrant Category (see SM14 ); and evidence that they have a minimum of $4,200 in funds available to maintain themselves during their 12 month stay in New Zealand (travellers' cheques or bank documents in the applicant's name are acceptable); and evidence that the work visa application is being made no later than 3 months after the end date of their student visa for that qualification. Any work visas granted under these instructions may be subject to conditions that allow work for any employer. Effective 02/04/2012 PREVIOUS IMMIGRATION INSTRUCTIONS WD2 Lodging an application under Post-Study work visa instructions (07/09/2022) WD2 Lodging an application under Post-Study work visa instructions (31/07/2022) WD2 Lodging an application under Post-Study work visa instructions (26/11/2018) WD2 Post-study work visa – open (to 25/11/2018) WD2 Post-study work visa – open (07/12/2015) WD2 Post-study work visa – open (06/07/2015) WD2 Post-study work visa – open (02/12/2013) WD2 Graduate job search work visa (26/11/2012) WD2 Graduate job search work visa (07/1","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-09a81b9796491590ec3a","countryCode":"NZ","country":"New Zealand","title":"Sibling and Adult Child Category closed to new applications","policyEffect":"The Sibling and Adult Child Category ceased to be effective for new applications from May 16, 2012. This category had provided a residence route for qualifying siblings and adult children of New Zealand citizens or residents. Applications lodged before May 16, 2012 remained subject to assessment.","operativeDate":"2012-05-16","year":2012,"affectedGroup":"Prospective sibling and adult child category applicants; earlier applications retained for assessment","materialConditionsAndExceptions":"Validated condition or limit: Applications lodged before May 16, 2012 remained subject to assessment.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/opsmanual/30901.htm","preciseCitation":"F6 closure instruction; archived F6.1; Visa Pak 176","evidencePassage":"# F6 Sibling and Adult Child Category (to 16/05/2012) Note: The instructions contained in this section cease to be effective from 16 May 2012. Effective 16/05/2012 PREVIOUS IMMIGRATION INSTRUCTIONScite0†F6.1 How do siblings and adult children qualify for a resident visa? (29/11/2010) cite1†F6.5 Definitions (29/11/2010) cite2†F6.10 Evidence (29/11/2010) cite3†F6.15 Verification (29/11/2010) cite4†F6.20 Confirmation of offer of employment (29/11/2010) cite5†F6.25 Deferring the final decision (15/12/2010) cite6†F6.30 Undertakings of sponsors (15/12/2010) cite7†F6.35 English … | F6.1 How do siblings and adult children qualify for a resident visa? (29/11/2010) 1. Siblings and adult children of New Zealand citizens or residents meet Sibling and Adult Child Category if: 1. they have no other immediate family who are lawfully and permanently in the same country in which the principal applicant is lawfully and permanently; and 2. they have an acceptable offer of employment in New Zealand. 2. In each case the adult child or sibling must be sponsored by an adult sibling or parent who is an acceptable sponsor (Refer R4.5). 3. Principal applicants with dependent children mus","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-62851fe0ee0b0c4d85b1","countryCode":"NZ","country":"New Zealand","title":"Parent residence applications moved to a two-tier expression-of-interest selection system","policyEffect":"From July 30, 2012, the Parent Category used a two-tier expression-of-interest (EOI) pool and invitation process. The preceding March 2012 instructions described direct qualification through family-location criteria and sponsorship; the July rules required an unrevoked invitation and an application within four months of the invitation letter. A person could have only one EOI in the pool. Tier 1 EOIs were selected first in date order, followed by Parent and Sibling and Adult Child applications lodged before May 16, 2012; Tier 2 EOIs were selected last in date order, only when neither earlier group remained. Selection was periodic and limited by available Capped Family Sponsored stream places; selection did not guarantee an invitation or residence. Tier 1 qualification could rest on the prescribed sponsor-income, guaranteed-lifetime-income or settlement-funds route. Tier 2 required the prescribed sponsor income and that the applicants’ other adult children live lawfully and permanently outside the country where the applicants lived lawfully and permanently; a sponsor receiving a New Zealand Government benefit from Work and Income was ineligible for Tier 2. The July category also required health and character eligibility, English proficiency or ESOL pre-purchase, an acceptable adult-child sponsor and no dependent children. The July provisions required five years of sponsorship undertakings, not ten. EOIs could move between tiers when eligibility changed while retaining their original pool date; an EOI no longer meeting either tier was withdrawn. An invitation under Tier 1 led to assessment under Tier 1 only, whereas an applicant invited under Tier 2 could qualify under either tier. Applications received before May 16, 2012 remained assessed under the instructions applicable when accepted. Those applicants could instead submit a new EOI; a resulting Tier 1 application had its application fee waived and the earlier application lapsed when that waiver applied, whereas a resulting Tier 2 application did not receive that fee waiver.","operativeDate":"2012-07-30","year":2012,"affectedGroup":"Parents seeking new zealand residence through the parent category eoi process, including applicants with pre-16 may 2012 applications","materialConditionsAndExceptions":"Validated condition or limit: the July rules required an unrevoked invitation and an application within four months of the invitation letter.; A person could have only one EOI in the pool.; Tier 1 EOIs were selected first in date order, followed by Parent and Sibling and Adult Child applications lodged before May 16, 2012; Tier 2 EOIs were selected last in date order, only when neither earlier group remained.; Selection was periodic and limited by available Capped Family Sponsored stream places; Tier 2 required the prescribed sponsor income and that the applicants’ other adult children live lawfully and permanently outside the country where the applicants lived lawfully and permanently; The July category also required health and character eligibility, English proficiency or ESOL pre-purchase, an acceptable adult-child sponsor and no dependent children.; The July provisions required five years of sponsorship…","policyCategory":"Legal entry and stay","policyTool":"Entry visa / stay permit","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/opsmanual/44879.htm","preciseCitation":"INZ Parent Category F4 provisions effective30July2012 compared with F4.1 effective26March2012; especially F4.10 selection and F4.13 transitional provisions.","evidencePassage":"F4.10 Expressions of interest and applications under the Parent Category (30/07/2012) F4.10 Expressions of interest and applications under the Parent Category (30/07/2012) F4.10.1 Expressing interest in being invited to apply for residence under the Parent Category A person notifies that they are interested in being invited to apply for a resident visa under the Parent Category by submitting an Expression of Interest (EOI) to Immigration New Zealand (INZ) in the prescribed manner. In order to submit an EOI in the prescribed manner, a person must submit to an immigration officer: a completed prescribed Parent Category EOI form; and the appropriate fee (if any). By completing an EOI, a person provides a declaration about their and any potential secondary applicant’s: identity, health and character; and English language ability or an intention to agree to pre-purchase English for Speakers of Other Languages (ESOL) tuition (see F4.15 ); and relationship to their sponsoring adult child and any other children the applicants have (see F4.20 ); and adult child’s eligibility to sponsor them for New Zealand residence under the Parent Category (see F4.25 ); and guaranteed lifetime minimum income, settlement funds, or the income of their sponsor, or of their sponsor and their sponsor’s partner (see F4.30 and F4.35 ). It is the responsibility of the person submitting the EOI to ensure that the information given is correct in all material respects. Note: For the purposes of F4.10.1(b)(v), people submitting EOIs under tier two will only be required to declare their sponsor and/or their sponsor’s partner’s income. F4.10.5 Implications of providing false or misleading information See Immigration Act 2009, ss 93 and 158 The Immigration Act 2009 provides that there is sufficient grounds to decline an application for a resident visa and for the holder of a resident visa granted under the Parent Category to become liable for deportation in cases of: the provision of false or misleading information as part of an EOI or associated submission; or the withholding of relevant potentially prejudicial information from an EOI or associated submission; or failure to advise an immigration officer of any fact or material change in circumstances that occurs after an EOI is submitted that may affect a decision to invite the person to apply for a resident visa or to grant a resident visa. Information relating to a claim made in an EOI that is factually inaccurate and is relevant to the issuing of an invitation to apply or the assessment of a resident visa application will be considered misleading unless the principal applicant can demonstrate that there is a reasonable basis for making that claim. F4.10.10 Submission of Expressions of Interest to the Pool EOIs submitted in the prescribed manner may be entered into a pool of Expressions of Interest (the Pool). A person may only have one EOI in the Pool at any time (regardless of the tier of the EOI). Each EOI will be entered … Pool in either tier one or tier two as indicated in the EOI form. Despite (c) above, if permission is given by the person expressing interest, an EOI may be entered into the alternative tier of the Pool (see F4.10.10(e) and (f)). If a person with an EOI in the Pool under tier two updates their information and becomes eligible to be entered into the Pool under tier one, their EOI will be entered into the Pool under tier one based on the original date the EOI was previously entered under tier two. If a person with an EOI in the Pool under tier one updates their information and is no longer eligible under tier one, but is eligible under tier two, their EOI will be entered into the Pool under tier two based on the original date the EOI was previously entered under tier one. Where a person with an EOI already entered into the Pool updates their information and no longer meets the requirements of the Parent Category under either tier, their EOI will be withdrawn from the Pool and lapsed. F4.10.15 Selection of Expressions of Interest EOIs will be selected from the pool in the following order: Tier one EOIs will be selected first and in order based on the date the EOIs were entered into the Pool; and Residence applications lodged under the Parent and Sibling and Adult Child categories before 16 May 2012 will be selected second, in date order; and Tier two EOIs will be selected third and in order based on the date the EOIs were entered into the Pool, only if there are no tier one EOIs and no applications that were lodged before 16 May 2012. The ranking of EOIs will change as EOIs enter, or are selected from, the Pool or any given tier of the Pool. EOIs will be selected in sufficient numbers to meet the requirements of the Capped Family Sponsored stream of the New Zealand Residence Programme (NZRP) at the time of selection (subject to any adjustment to the number or distribution of places in the NZRP determined by the Government) (see R6 ). EOIs are selected from the Pool periodically on the Government's behalf by the Ministry of Business, Innovation and Employment. F4.10.20 Invitation to apply for a resident visa under the Parent Category People whose EOIs have been selected from the Pool may be issued an invitation to apply for a resident visa under the Parent Category. An immigration officer may decline an EOI if they are not satisfied claims made within the EOI are: credible, or sufficient to meet the requirements of the Parent Category. An immigration officer may, but is not required to, seek further evidence, information and submissions from a person whose EOI has been selected from the Pool, for the purpose of determining whether their claims are credible and whether there are any health or character issues that may adversely affect their ability to be granted a resident visa under the Parent Category. If an immigration officer is not satisfied the claims made in an EOI selected from the Pool under tier one would be sufficient to meet the require","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b7e35bf11dba87777dae","countryCode":"NZ","country":"New Zealand","title":"Temporary visa condition-variation fee expanded beyond travel conditions","policyEffect":"From 19 February 2013, regulation 26AA(c) and its Schedule 4 fee description were expanded from variation of travel conditions to applications to vary conditions imposed on any type of temporary entry class visa. The existing NZ$165 schedule amount was unchanged. The general prescribed-fee exemptions continued to apply, including reciprocal fee-waiver agreements, Schedule 5 diplomatic and official classes. This was a change to the fee’s coverage, not a general right to vary visa conditions.","operativeDate":"2013-02-19","year":2013,"affectedGroup":"Applicants for variation of conditions on temporary entry class visas, subject to applicable fee exemptions","materialConditionsAndExceptions":"Validated condition or limit: From 19 February 2013, regulation 26AA(c) and its Schedule 4 fee description were expanded from variation of travel conditions to applications to vary conditions imposed on any type of temporary entry class visa.; The general prescribed-fee exemptions continued to apply, including reciprocal fee-waiver agreements, Schedule 5 diplomatic and official classes.; This was a change to the fee’s coverage, not a general right to vary visa conditions.","policyCategory":"Legal entry and stay","policyTool":"Fees","sourceName":"New Zealand Parliamentary Counsel Office","sourceUrl":"https://legislation.govt.nz/secondary-legislation/pco-drafted/2013/6/en/latest","preciseCitation":"SR2013/6 regulations2,4,5; SR2010/241 fee provisions and Schedules4–5 as at24August2012 and19February2013","evidencePassage":"Skip to main content Kāinga Home Tirohia i ngā tari kāwanatanga Browse agencies Ako atu anō Learn more Advanced search Any legislation In force Bills Not in force Title contains Content contains Secondary legislation In force Latest version as at 18 February 2013 (as made) | SR 2013/6 | Administered by Ministry of Business, Innovation, and Employment Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2013 Amendment secondary legislation Versions (1) Empowering Acts (1) Section view Download Search content Hide navigation Contents 1 Title 2 Commencement 3 Principal regulations 4 Regulation 26AA amended (Prescribed fees (not imposed elsewhere by these regulations)) 5 Schedule 4 amended Explanatory note Administrative information 2013/6 Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2013 Jerry Mateparae, Governor-General Order in Council At Wellington this 18th day of February 2013 Present: His Excellency the Governor-General in Council Pursuant to sections 400 to 402 of the Immigration Act 2009, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations. Show contents Contents Regulations 1 Title These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2013. 2 Commencement These regulations come into force on 19 February 2013. 3 Principal regulations These regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the principal regulations). 4 Regulation 26AA amended (Prescribed fees (not imposed elsewhere by these regulations)) Replace regulation 26AA(c) with: “(c) an application for variation of conditions imposed on any type of temporary entry class visa:”. 5 Schedule 4 amended In Schedule 4, item relating to regulation 26AA(c), replace “Application for variation of travel conditions imposed by immigration instructions on temporary entry class visa” with “Application for variation of conditions imposed on any type of temporary entry class visa”. Michael Webster, for Clerk of the Executive Council. Explanatory note This note is not part of the regulations, but is intended to indicate their general effect. These regulations, which come into force on 19 February 2013, amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010. The amendment, in effect, prescribes a fee of $165 for an application for the variation of conditions imposed on any type of temporary entry class visa. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 19 February 2013. These regulations are administered by the Ministry of Business, Innovation, and Employment. Mō About this website Te āheinga kia uru atu Accessibility Ngā tikanga whakamahi Terms of use He manatārua Copyright He tauākī matatapu Privacy statement Whakapā mai Contact us Whakahoki kōrero Feedback … application—work visa under any other category of immigration instruction (physical) 270 230 270 Temporary visa application—work visa under any other category of immigration instruction (electronic) 230 230 230 Temporary visa application—Long-term Business Visa 3,200 2,700 3,200 Temporary visa application— group visitor visa per person (made offshore only): Beijing, Shanghai, Taipei 80 Temporary visa application— group visitor visa per person (made offshore only): Bangkok (Thai citizens only) 80 Temporary visa application— group visitor visa per person (made offshore only): approved destination status (China) 50 Temporary visa application— group visitor visa per person (made offshore only): other 80 80 80 Temporary visa application— Retirement Category visitor visa 3,200 3,200 3,200 10(1)(a), 12(1) and (3)(g) Temporary visa application—work visa under working holiday scheme described in Schedule 1 140 140 14(1)(c)(iii) Application for reconsideration of decision to decline further temporary visa 185 15(1)(d)(iia) Transit visa application 140 140 140 Transit visa application—group Chinese nationals per person 80 80 26AA(a) Request for special direction 185 185 185 26AA(b) Residence class visa granted under section 61 of Act 835 26AA(b) Temporary entry class visa granted under section 61 of Act 350 26AA(c) Application for variation of travel conditions imposed by immigration instructions on temporary entry class visa 165 26AA(d) Request under immigration instructions by employer for approval in principle to recruit overseas workers 250 26AA(da) Request under immigration instructions by an employer for approval in principle to recruit overseas workers under foreign charter fishing vessels instructions 4,900 26AA(e) Request under immigration instructions for supplementary seasonal employment approval in principle 250 26AA(f) Call-out fee where office is opened outside normal working hours in order to process immigration matter 280 280 280 26AA(g) Registration under Refugee Family Support Category 85 26AA(h) Employer accreditation (under talent work immigration instructions)—first year of accreditation 1,700 Employer accreditation (under talent work immigration instructions)—subsequent year accreditation 480 26AA(i) Reconsideration of application from employer for talent employer accreditation 185 26AA(ia) Entertainment industry accreditation (under specific purpose or events immigration instructions)—first year of accreditation 1,700 Entertainment industry accreditation (under specific purpose or events immigration instructions)—subsequent year accreditation 480 26AA(j) Recognised Seasonal Employer status 835 26AA(k) Agreement to recruit under Recognised Seasonal Employer work immigration instructions 220 26AA(l) First or subsequent, or change of, business plan-investor category 900 875 875 32(1)(a) Confirmation of immigration status 105 32(1)(b) Transfer fee where visa stamp or label transferred from one passport or certificate of identity to a","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-6d71b589a5e7a44aa69f","countryCode":"NZ","country":"New Zealand","title":"Generic Temporary Entry Instructions: Variation of Conditions Rules (IAC 13/03 & Operational Manual Section E3.25.1)","policyEffect":"Relocated and amended rules governing Variations of Conditions (VoC) across all temporary entry class visas (migrating provisions from the Work chapter to Generic Temporary Entry instructions at E3.25.1). Introduced a mandatory rule under E3.25.1(c) barring approval of any VoC unless the proposed conditions continue to meet the underlying objectives of the instructions under which the original visa was granted (e.g., student, work, visitor). Specifically restricted Essential Skills VoC approvals without new labour market testing solely to cases where the employer is the only condition changing or the new occupation appears on the Essential Skills in Demand lists. Phase scope: System-wide application for all temporary visa holders applying for variations of visa conditions.","operativeDate":"2013-04-08","year":2013,"affectedGroup":"Temporary visa holders seeking variation of conditions","materialConditionsAndExceptions":"Validated condition or limit: Introduced a mandatory rule under E3.25.1(c) barring approval of any VoC unless the proposed conditions continue to meet the underlying objectives of the instructions under which the original visa was granted (e.g., student, work, visitor).; Specifically restricted Essential Skills VoC approvals without new labour market testing solely to cases where the employer is the only condition changing or the new occupation appears on the Essential Skills in Demand lists.","policyCategory":"Temporary entry / work / study / visitor","policyTool":"Eligibility criteria / post-entry conditions / labour market testing","sourceName":"Immigration New Zealand Internal Administration Circular No. 13/03","sourceUrl":"https://immigration.govt.nz/assets/inz/documents/internal-administration-circulars/iac-2013-03.pdf","preciseCitation":"Immigration New Zealand, Internal Administration Circular No. 13/03 (Varying the conditions of temporary work visas), 19 April 2013.","evidencePassage":"clarity as to the N circumstances where someone can or cannot vary the conditions of their temporary entry class visa. This circular supersedes the instructions regarding variations of conditions in IAC 09/05 Work Policy and Changes in the Labour Market dated 17 July 2009. O N Varying the conditions of temporary visas from 8 April 2013 IS 2. Holders of temporary visas are able to make a request for a Variation of Conditions (VoC) (see E3.25.1 Varying the conditions of temporary entry class visas) to change E the conditions of their visa. These instructions were previously in the work chapter of … C the Operational Manual and have been moved to the generic temporary entry chapter to reflect that these instructions are applicable to any type of temporary entry class VI visa. AD 3. A new provision has been added at E3.25.1(c) that a VoC application must not be approved unless the new conditions will continue to meet the objectives of the instructions that the original visa was granted under, i.e. work, student or visitor IS visa. For example, an applicant who holds a work visa granted under the Graduate TH Work Experience work instructions will need to satisfy an immigration officer that … their new offer of employment is relevant to the qualification they provided to obtain their initial work visa. If the varied conditions will not meet the objectives of the original instructions a new work visa application is required. Varying the conditions of work visas 4. Immigration instructions now allow work visa holders to request to change their employer and/or their occupation and/or their place of employment. The place of employment is usually defined as the region/area where their employer is located e.g. Auckland or Wellington provided that E3.25.1(c) is met. 5. However in the case of Essential Skills work visa holders (E3.25.1 (d)), a variation of conditions can only be granted if: T • R the applicant’s employer is the only condition being varied or R • EN the new occupation is on one of the Essential Skills in Demand lists and the applicant meets the requirements of the list (in this case multiple visa conditions can be varied) CU 6. In all other Essential Skills cases, the applicant must submit an application for a new work visa and meet labour market testing requirements. See the examples below for further guidance. Example 1: ER An applicant who holds an Essential","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-aiding-unlawful-entry-20130619","countryCode":"NZ","country":"New Zealand","title":"Aiding unlawful-entry offence expressly includes fraudulent visa and entry-permission cases","policyEffect":"From 19 June 2013, the definition of unlawful entry for section 343(1)(b)’s aiding-and-abetting offence was expanded beyond the prior specified cases of section103-noncompliant arrival and arrival without a required visa. It expressly includes arrival using a visa granted in a false identity or procured through fraud, forgery, false or misleading representation, or concealment of relevant information; a visa granted on arrival on those bases; entry permission based on a false-identity visa or procured through those deceptive means; and other entry that fails to comply with the Act. The offence still requires aiding, abetting, inciting, counselling or procuring entry while knowing that the other person’s entry is or would be unlawful, or being reckless as to that unlawfulness; it applies inside or outside New Zealand and does not require that the other person actually enter. The definition applies whether or not action has already been taken concerning the visa or entry permission, such as a fraud conviction or revocation. Other existing aiding/false-document offences are not presented as new, and no new penalty amount is claimed.","operativeDate":"2013-06-19","year":2013,"affectedGroup":"Persons knowingly or recklessly aiding, abetting, inciting, counselling or procuring another person’s unlawful entry","materialConditionsAndExceptions":"Validated condition or limit: From 19 June 2013, the definition of unlawful entry for section 343(1)(b)’s aiding-and-abetting offence was expanded beyond the prior specified cases of section103-noncompliant arrival and arrival without a required visa.","policyCategory":"Border controls and enforcement","policyTool":"Immigration offences","sourceName":"New Zealand Parliamentary Counsel Office","sourceUrl":"https://www.legislation.govt.nz/act/public/2013/39/en/latest","preciseCitation":"Immigration Amendment Act2013 No39; complete principalAct section343 immediately before/after19June2013","evidencePassage":"Skip to main content Kāinga Home Tirohia i ngā tari kāwanatanga Browse agencies Ako atu anō Learn more Advanced search Any legislation In force Bills Not in force Title contains Content contains Act In force Latest version as at 18 June 2013 (as enacted) | 2013 No 39 | Administered by Ministry of Business, Innovation, and Employment Immigration Amendment Act 2013 Amendment Act Versions (1) Related Bill (1) Section view Download Search content Hide navigation Contents 1 Title 2 Commencement 3 Principal Act Part 1 Substantive amendments 4 Section 4 amended (Interpretation) 5 New section 9A inserted (Meaning of mass arrival group) 6 Section 26 amended (How claims and applications for visas and entry permission processed) 7 New section 135A inserted (Suspension of determination of claim) 8 Section 140 amended (Limitation on subsequent claims) 9 Section 233 replaced (When Tribunal must or may provide oral hearing) 10 Section 249 amended (Restriction on review) 11 Section 307 amended (Purpose of Part) 12 New sections 317A to 317E inserted 13 Section 324 amended (Review of warrant of commitment or release on conditions) 14 New section 324A inserted (Review of mass arrival warrant) 15 Section 343 amended (Aiding and abetting) 16 Section 403 amended (Regulations in respect of refugee and protection matters) Part 2 Consequential amendments 17 Consequential amendments to principal Act 18 Consequential amendments to Immigration (Certificate and Warrant Forms) Regulations 2010 Schedule 1 Consequential amendments to principal Act Schedule 2 Immigration (Certificate and Warrant Forms) Regulations 2010—new form 5 Contents Legislative history Immigration Amendment Act 2013 Public Act 2013 No 39 Date of assent 18 June 2013 Commencement see section 2 Show contents Contents The Parliament of New Zealand enacts as follows: 1 Title This Act is the Immigration Amendment Act 2013. 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Principal Act This Act amends the Immigration Act 2009 (the principal Act). Part 1 Substantive amendments 4 Section 4 amended (Interpretation) (1) In section 4, insert in its appropriate alphabetical order: “mass arrival group has the meaning given to it by section 9A”. (2) In section 4, replace the definition of warrant of commitment with: “warrant of commitment— “(a) means a warrant of commitment issued under section 317, 318, or 323; and “(b) includes— “(i) a mass arrival warrant issued under section 317B (in respect of all or specified members of a mass arrival group); and “(ii) a further warrant of commitment issued under section 317E(1)(a) (in respect of all or specified members of a mass arrival group)”. 5 New section 9A inserted (Meaning of mass arrival group) After section 9, insert: “9A Meaning of mass arrival group “(1) In this Act, mass arrival group means a group of more than 30 people, each of whom falls within 1 or more of the classes of person described in paragraphs … (f) of section 115(1), who arrive in New Zealand— “(a) on board the same craft; or “(b) on board the same group of craft at the same time; or “(c) on board the same group of craft and within such a time period or in such circumstances that each person arrived, or intended to arrive, in New Zealand as part of the group. “(2) In subsection (1), craft does not include a craft travelling to New Zealand in the course of a scheduled international service (within the meaning of section 96(4)).” 6 Section 26 amended (How claims and applications for visas and entry permission processed) (1) After section 26(3), insert: “(3A) Subsection (3) applies unless regulations made under section 400 require otherwise.” (2) In section 26(10)(b), after “transit visas”, insert “; or”. (3) After section 26(10)(b), insert: “(c) regulations made under section 400.” 7 New section 135A inserted (Suspension of determination of claim) After section 135, insert: “135A Suspension of determination of claim “(1) This section applies to a claim if the processing of the claim is suspended in accordance with regulations made under section 400. “(2) For the duration of the suspension, a refugee and protection officer must not— “(a) determine the claim in accordance with sections 136 and 137; or “(b) make a decision on the claim in accordance with section 138.” 8 Section 140 amended (Limitation on subsequent claims) (1) In section 140(1), after “as a refugee”, insert “or a protected person”. (2) In section 140(1)(b)(ii), replace “section 129” with “any of sections 129 to 131”. (3) Replace section 140(3)(b) with: “(b) repeats any claim previously made (including a subsequent claim).” 9 Section 233 replaced (When Tribunal must or may provide oral hearing) Replace section 233 with: “233 When Tribunal must or may provide oral hearing “(1) The Tribunal must provide an oral hearing in the case of an appeal against liability for deportation by a resident or permanent resident. “(2) The Tribunal may, in its absolute discretion, provide an oral hearing in any other appeal against liability for deportation. “(3) The Tribunal must provide an oral hearing in the case of an appellant or affected person currently or previously recognised as a refugee or a protected person, or a claimant for such recognition, unless— “(a) the person was interviewed by a refugee and protection officer (or a refugee status officer under the former Act) in the course of determining the relevant issue at first instance or, having been given an opportunity to be interviewed, failed to take that opportunity; and “(b) the Tribunal considers that the appeal or other contention of the person— “(i) is prima facie manifestly unfounded or clearly abusive; or “(ii) relates to a subsequent claim for refugee or protection status. “(4) The Tribunal may, in its absolute discretion, provide an oral hearing in the case of an appeal that relates to a subsequent claim for refugee or protection status.” 10 Section 249 amended (Restric","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-judicial-review-20130619","countryCode":"NZ","country":"New Zealand","title":"Judicial review restricted to final Tribunal outcomes and court leave","policyEffect":"From 19 June 2013, section 249 replaced its bar on judicial review of decisions appealable to the Immigration and Protection Tribunal with an express route requiring an appeal and final Tribunal determinations on all aspects. Judicial review of any matter before the Tribunal is likewise barred until its final determinations. Review then requires High Court leave or, if the High Court refuses, Court of Appeal leave. The leave court must consider whether review would raise issues not adequately dealt with in an appeal against the Tribunal’s final determination and, if so, whether their general or public importance or another reason warrants High Court review. Other statutory restrictions on review remain applicable. This describes the altered statutory review route without claiming that every judicial-review application became more restrictive than under the prior bar.","operativeDate":"2013-06-19","year":2013,"affectedGroup":"Persons seeking judicial review of immigration decisions appealable to the tribunal or matters before the tribunal","materialConditionsAndExceptions":"Validated condition or limit: Judicial review of any matter before the Tribunal is likewise barred until its final determinations.; The leave court must consider whether review would raise issues not adequately dealt with in an appeal against the Tribunal’s final determination and, if so, whether their general or public importance or another reason warrants High Court review.","policyCategory":"Protection and immigration procedure","policyTool":"Judicial review","sourceName":"New Zealand Parliamentary Counsel Office","sourceUrl":"https://www.legislation.govt.nz/act/public/2013/39/en/latest","preciseCitation":"Immigration Amendment Act2013 No39; complete principalAct section249 immediately before/after19June2013","evidencePassage":"Skip to main content Kāinga Home Tirohia i ngā tari kāwanatanga Browse agencies Ako atu anō Learn more Advanced search Any legislation In force Bills Not in force Title contains Content contains Act In force Latest version as at 18 June 2013 (as enacted) | 2013 No 39 | Administered by Ministry of Business, Innovation, and Employment Immigration Amendment Act 2013 Amendment Act Versions (1) Related Bill (1) Section view Download Search content Hide navigation Contents 1 Title 2 Commencement 3 Principal Act Part 1 Substantive amendments 4 Section 4 amended (Interpretation) 5 New section 9A inserted (Meaning of mass arrival group) 6 Section 26 amended (How claims and applications for visas and entry permission processed) 7 New section 135A inserted (Suspension of determination of claim) 8 Section 140 amended (Limitation on subsequent claims) 9 Section 233 replaced (When Tribunal must or may provide oral hearing) 10 Section 249 amended (Restriction on review) 11 Section 307 amended (Purpose of Part) 12 New sections 317A to 317E inserted 13 Section 324 amended (Review of warrant of commitment or release on conditions) 14 New section 324A inserted (Review of mass arrival warrant) 15 Section 343 amended (Aiding and abetting) 16 Section 403 amended (Regulations in respect of refugee and protection matters) Part 2 Consequential amendments 17 Consequential amendments to principal Act 18 Consequential amendments to Immigration (Certificate and Warrant Forms) Regulations 2010 Schedule 1 Consequential amendments to principal Act Schedule 2 Immigration (Certificate and Warrant Forms) Regulations 2010—new form 5 Contents Legislative history Immigration Amendment Act 2013 Public Act 2013 No 39 Date of assent 18 June 2013 Commencement see section 2 Show contents Contents The Parliament of New Zealand enacts as follows: 1 Title This Act is the Immigration Amendment Act 2013. 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Principal Act This Act amends the Immigration Act 2009 (the principal Act). Part 1 Substantive amendments 4 Section 4 amended (Interpretation) (1) In section 4, insert in its appropriate alphabetical order: “mass arrival group has the meaning given to it by section 9A”. (2) In section 4, replace the definition of warrant of commitment with: “warrant of commitment— “(a) means a warrant of commitment issued under section 317, 318, or 323; and “(b) includes— “(i) a mass arrival warrant issued under section 317B (in respect of all or specified members of a mass arrival group); and “(ii) a further warrant of commitment issued under section 317E(1)(a) (in respect of all or specified members of a mass arrival group)”. 5 New section 9A inserted (Meaning of mass arrival group) After section 9, insert: “9A Meaning of mass arrival group “(1) In this Act, mass arrival group means a group of more than 30 people, each of whom falls within 1 or more of the classes of person described in paragraphs … (f) of section 115(1), who arrive in New Zealand— “(a) on board the same craft; or “(b) on board the same group of craft at the same time; or “(c) on board the same group of craft and within such a time period or in such circumstances that each person arrived, or intended to arrive, in New Zealand as part of the group. “(2) In subsection (1), craft does not include a craft travelling to New Zealand in the course of a scheduled international service (within the meaning of section 96(4)).” 6 Section 26 amended (How claims and applications for visas and entry permission processed) (1) After section 26(3), insert: “(3A) Subsection (3) applies unless regulations made under section 400 require otherwise.” (2) In section 26(10)(b), after “transit visas”, insert “; or”. (3) After section 26(10)(b), insert: “(c) regulations made under section 400.” 7 New section 135A inserted (Suspension of determination of claim) After section 135, insert: “135A Suspension of determination of claim “(1) This section applies to a claim if the processing of the claim is suspended in accordance with regulations made under section 400. “(2) For the duration of the suspension, a refugee and protection officer must not— “(a) determine the claim in accordance with sections 136 and 137; or “(b) make a decision on the claim in accordance with section 138.” 8 Section 140 amended (Limitation on subsequent claims) (1) In section 140(1), after “as a refugee”, insert “or a protected person”. (2) In section 140(1)(b)(ii), replace “section 129” with “any of sections 129 to 131”. (3) Replace section 140(3)(b) with: “(b) repeats any claim previously made (including a subsequent claim).” 9 Section 233 replaced (When Tribunal must or may provide oral hearing) Replace section 233 with: “233 When Tribunal must or may provide oral hearing “(1) The Tribunal must provide an oral hearing in the case of an appeal against liability for deportation by a resident or permanent resident. “(2) The Tribunal may, in its absolute discretion, provide an oral hearing in any other appeal against liability for deportation. “(3) The Tribunal must provide an oral hearing in the case of an appellant or affected person currently or previously recognised as a refugee or a protected person, or a claimant for such recognition, unless— “(a) the person was interviewed by a refugee and protection officer (or a refugee status officer under the former Act) in the course of determining the relevant issue at first instance or, having been given an opportunity to be interviewed, failed to take that opportunity; and “(b) the Tribunal considers that the appeal or other contention of the person— “(i) is prima facie manifestly unfounded or clearly abusive; or “(ii) relates to a subsequent claim for refugee or protection status. “(4) The Tribunal may, in its absolute discretion, provide an oral hearing in the case of an appeal that relates to a subsequent claim for refugee or protection status.” 10 Section 249 amended (Restric","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-mass-arrival-detention-20130619","countryCode":"NZ","country":"New Zealand","title":"New Zealand introduces judicial mass-arrival detention warrants","policyEffect":"From 19 June 2013, immigration officers could apply on oath to a District Court Judge for an initial mass-arrival warrant of up to six months, rather than individual 28-day warrants. A mass-arrival group comprises more than 30 people within the section 115(1)(a)–(f) arrival classes, arriving on the same craft or linked group of craft; scheduled international services are excluded. Members must already be detained under Part 9, and each must meet an anticipated section 316(1)(a)–(d) ground: unavailable outward transport, inadequate identity evidence, an outstanding security-certification decision, or another inability to leave New Zealand. The warrant must be necessary to manage the group or security/public risks, uphold immigration-system integrity or efficiency, or avoid disrupting the District Court. The sworn application must identify the persons and arrival circumstances and explain necessity and each person’s detention ground. The judge must verify these prerequisites and issue the warrant for the period sought, or a shorter period if satisfied that, after that shorter period, the necessity reasons or the individual section 316(1)(a)–(d) grounds will no longer apply; an unsuccessful group application is treated as individual warrant applications. A person under 18 may be included only with a parent, guardian or relative in the group. Later inclusion of previously unknown members cannot extend the warrant. The judge may require reports on continuing necessity, no more frequently than every 28 days, and after receiving a report may shorten detention if satisfied the necessity reasons will no longer apply after the shorter period. Further group warrants are limited to 28 days per application and retain the statutory prerequisites. Group warrants use section 324A instead of section 324. On an officer’s sworn application with the warrant and reasons, the judge must shorten the warrant to the period sought or a shorter period supported by the same necessity-or-detention-ground cessation findings; a change-of-location order may change only the places of detention. For a particular member, the officer may instead apply for an individual warrant under section 316, conditional release considered having regard to sections 317, 318 or 323 as appropriate, or release. A member dealt with individually leaves the group regime, and the judge must remove that member from the group warrant. Section 319 retains the earliest applicable termination of custody and excludes escape periods plus 96 hours after recapture from warrant-period calculation. This component does not claim that everyone arriving irregularly is detained for six months.","operativeDate":"2013-06-19","year":2013,"affectedGroup":"Members of qualifying mass-arrival groups already detained under part9 and meeting individual statutory detention grounds; limited inclusion of accompanied minors","materialConditionsAndExceptions":"Validated condition or limit: From 19 June 2013, immigration officers could apply on oath to a District Court Judge for an initial mass-arrival warrant of up to six months, rather than individual 28-day warrants.; A mass-arrival group comprises more than 30 people within the section 115(1)(a)–(f) arrival classes, arriving on the same craft or linked group of craft; Members must already be detained under Part 9, and each must meet an anticipated section 316(1)(a)–(d) ground: unavailable outward transport, inadequate identity evidence, an outstanding security-certification decision, or another inability to leave New Zealand.; The warrant must be necessary to manage the group or security/public risks, uphold immigration-system integrity or efficiency, or avoid disrupting the District Court.; The sworn application must identify the persons and arrival circumstances and explain necessity and each person’s detention…","policyCategory":"Border controls and enforcement","policyTool":"Detention","sourceName":"New Zealand Parliamentary Counsel Office","sourceUrl":"https://www.legislation.govt.nz/act/public/2013/39/en/latest","preciseCitation":"2013No39 sections2,5,11–14,17–18 and schedules; principal2009Act sections96,115,307–332 immediately before and after19June2013","evidencePassage":"Skip to main content Kāinga Home Tirohia i ngā tari kāwanatanga Browse agencies Ako atu anō Learn more Advanced search Any legislation In force Bills Not in force Title contains Content contains Act In force Latest version as at 18 June 2013 (as enacted) | 2013 No 39 | Administered by Ministry of Business, Innovation, and Employment Immigration Amendment Act 2013 Amendment Act Versions (1) Related Bill (1) Section view Download Search content Hide navigation Contents 1 Title 2 Commencement 3 Principal Act Part 1 Substantive amendments 4 Section 4 amended (Interpretation) 5 New section 9A inserted (Meaning of mass arrival group) 6 Section 26 amended (How claims and applications for visas and entry permission processed) 7 New section 135A inserted (Suspension of determination of claim) 8 Section 140 amended (Limitation on subsequent claims) 9 Section 233 replaced (When Tribunal must or may provide oral hearing) 10 Section 249 amended (Restriction on review) 11 Section 307 amended (Purpose of Part) 12 New sections 317A to 317E inserted 13 Section 324 amended (Review of warrant of commitment or release on conditions) 14 New section 324A inserted (Review of mass arrival warrant) 15 Section 343 amended (Aiding and abetting) 16 Section 403 amended (Regulations in respect of refugee and protection matters) Part 2 Consequential amendments 17 Consequential amendments to principal Act 18 Consequential amendments to Immigration (Certificate and Warrant Forms) Regulations 2010 Schedule 1 Consequential amendments to principal Act Schedule 2 Immigration (Certificate and Warrant Forms) Regulations 2010—new form 5 Contents Legislative history Immigration Amendment Act 2013 Public Act 2013 No 39 Date of assent 18 June 2013 Commencement see section 2 Show contents Contents The Parliament of New Zealand enacts as follows: 1 Title This Act is the Immigration Amendment Act 2013. 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Principal Act This Act amends the Immigration Act 2009 (the principal Act). Part 1 Substantive amendments 4 Section 4 amended (Interpretation) (1) In section 4, insert in its appropriate alphabetical order: “mass arrival group has the meaning given to it by section 9A”. (2) In section 4, replace the definition of warrant of commitment with: “warrant of commitment— “(a) means a warrant of commitment issued under section 317, 318, or 323; and “(b) includes— “(i) a mass arrival warrant issued under section 317B (in respect of all or specified members of a mass arrival group); and “(ii) a further warrant of commitment issued under section 317E(1)(a) (in respect of all or specified members of a mass arrival group)”. 5 New section 9A inserted (Meaning of mass arrival group) After section 9, insert: “9A Meaning of mass arrival group “(1) In this Act, mass arrival group means a group of more than 30 people, each of whom falls within 1 or more of the classes of person described in paragraphs … (f) of section 115(1), who arrive in New Zealand— “(a) on board the same craft; or “(b) on board the same group of craft at the same time; or “(c) on board the same group of craft and within such a time period or in such circumstances that each person arrived, or intended to arrive, in New Zealand as part of the group. “(2) In subsection (1), craft does not include a craft travelling to New Zealand in the course of a scheduled international service (within the meaning of section 96(4)).” 6 Section 26 amended (How claims and applications for visas and entry permission processed) (1) After section 26(3), insert: “(3A) Subsection (3) applies unless regulations made under section 400 require otherwise.” (2) In section 26(10)(b), after “transit visas”, insert “; or”. (3) After section 26(10)(b), insert: “(c) regulations made under section 400.” 7 New section 135A inserted (Suspension of determination of claim) After section 135, insert: “135A Suspension of determination of claim “(1) This section applies to a claim if the processing of the claim is suspended in accordance with regulations made under section 400. “(2) For the duration of the suspension, a refugee and protection officer must not— “(a) determine the claim in accordance with sections 136 and 137; or “(b) make a decision on the claim in accordance with section 138.” 8 Section 140 amended (Limitation on subsequent claims) (1) In section 140(1), after “as a refugee”, insert “or a protected person”. (2) In section 140(1)(b)(ii), replace “section 129” with “any of sections 129 to 131”. (3) Replace section 140(3)(b) with: “(b) repeats any claim previously made (including a subsequent claim).” 9 Section 233 replaced (When Tribunal must or may provide oral hearing) Replace section 233 with: “233 When Tribunal must or may provide oral hearing “(1) The Tribunal must provide an oral hearing in the case of an appeal against liability for deportation by a resident or permanent resident. “(2) The Tribunal may, in its absolute discretion, provide an oral hearing in any other appeal against liability for deportation. “(3) The Tribunal must provide an oral hearing in the case of an appellant or affected person currently or previously recognised as a refugee or a protected person, or a claimant for such recognition, unless— “(a) the person was interviewed by a refugee and protection officer (or a refugee status officer under the former Act) in the course of determining the relevant issue at first instance or, having been given an opportunity to be interviewed, failed to take that opportunity; and “(b) the Tribunal considers that the appeal or other contention of the person— “(i) is prima facie manifestly unfounded or clearly abusive; or “(ii) relates to a subsequent claim for refugee or protection status. “(4) The Tribunal may, in its absolute discretion, provide an oral hearing in the case of an appeal that relates to a subsequent claim for refugee or protection status.” 10 Section 249 amended (Restric","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-subsequent-claim-hearings-20130619","countryCode":"NZ","country":"New Zealand","title":"Oral-hearing exception broadened for subsequent refugee and protection appeals","policyEffect":"From 19 June 2013, section 233 allowed the Immigration and Protection Tribunal to dispense with an otherwise mandatory oral hearing where a refugee/protection appellant or affected person had been interviewed at first instance, or failed to take an offered interview opportunity, and the appeal or contention related to a subsequent refugee or protection claim. Previously this limb required that the contention repeat a previous claim. The alternative exception for a prima facie manifestly unfounded or clearly abusive contention remains subject to the same interview prerequisite. The Tribunal may nevertheless provide an oral hearing for a subsequent-claim appeal in its absolute discretion. Resident and permanent-resident appeals against deportation liability retain their mandatory oral hearing, and other deportation appeals retain discretionary hearings.","operativeDate":"2013-06-19","year":2013,"affectedGroup":"Refugee and protection appellants or affected persons whose appeals or contentions relate to subsequent claims, subject to the statutory interview prerequisite","materialConditionsAndExceptions":"Validated condition or limit: Previously this limb required that the contention repeat a previous claim.; The alternative exception for a prima facie manifestly unfounded or clearly abusive contention remains subject to the same interview prerequisite.","policyCategory":"Protection and immigration procedure","policyTool":"Appeal hearing procedure","sourceName":"New Zealand Parliamentary Counsel Office","sourceUrl":"https://www.legislation.govt.nz/act/public/2013/39/en/latest","preciseCitation":"Immigration Amendment Act2013 No39; complete principalAct section233 immediately before/after19June2013","evidencePassage":"Skip to main content Kāinga Home Tirohia i ngā tari kāwanatanga Browse agencies Ako atu anō Learn more Advanced search Any legislation In force Bills Not in force Title contains Content contains Act In force Latest version as at 18 June 2013 (as enacted) | 2013 No 39 | Administered by Ministry of Business, Innovation, and Employment Immigration Amendment Act 2013 Amendment Act Versions (1) Related Bill (1) Section view Download Search content Hide navigation Contents 1 Title 2 Commencement 3 Principal Act Part 1 Substantive amendments 4 Section 4 amended (Interpretation) 5 New section 9A inserted (Meaning of mass arrival group) 6 Section 26 amended (How claims and applications for visas and entry permission processed) 7 New section 135A inserted (Suspension of determination of claim) 8 Section 140 amended (Limitation on subsequent claims) 9 Section 233 replaced (When Tribunal must or may provide oral hearing) 10 Section 249 amended (Restriction on review) 11 Section 307 amended (Purpose of Part) 12 New sections 317A to 317E inserted 13 Section 324 amended (Review of warrant of commitment or release on conditions) 14 New section 324A inserted (Review of mass arrival warrant) 15 Section 343 amended (Aiding and abetting) 16 Section 403 amended (Regulations in respect of refugee and protection matters) Part 2 Consequential amendments 17 Consequential amendments to principal Act 18 Consequential amendments to Immigration (Certificate and Warrant Forms) Regulations 2010 Schedule 1 Consequential amendments to principal Act Schedule 2 Immigration (Certificate and Warrant Forms) Regulations 2010—new form 5 Contents Legislative history Immigration Amendment Act 2013 Public Act 2013 No 39 Date of assent 18 June 2013 Commencement see section 2 Show contents Contents The Parliament of New Zealand enacts as follows: 1 Title This Act is the Immigration Amendment Act 2013. 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Principal Act This Act amends the Immigration Act 2009 (the principal Act). Part 1 Substantive amendments 4 Section 4 amended (Interpretation) (1) In section 4, insert in its appropriate alphabetical order: “mass arrival group has the meaning given to it by section 9A”. (2) In section 4, replace the definition of warrant of commitment with: “warrant of commitment— “(a) means a warrant of commitment issued under section 317, 318, or 323; and “(b) includes— “(i) a mass arrival warrant issued under section 317B (in respect of all or specified members of a mass arrival group); and “(ii) a further warrant of commitment issued under section 317E(1)(a) (in respect of all or specified members of a mass arrival group)”. 5 New section 9A inserted (Meaning of mass arrival group) After section 9, insert: “9A Meaning of mass arrival group “(1) In this Act, mass arrival group means a group of more than 30 people, each of whom falls within 1 or more of the classes of person described in paragraphs … (f) of section 115(1), who arrive in New Zealand— “(a) on board the same craft; or “(b) on board the same group of craft at the same time; or “(c) on board the same group of craft and within such a time period or in such circumstances that each person arrived, or intended to arrive, in New Zealand as part of the group. “(2) In subsection (1), craft does not include a craft travelling to New Zealand in the course of a scheduled international service (within the meaning of section 96(4)).” 6 Section 26 amended (How claims and applications for visas and entry permission processed) (1) After section 26(3), insert: “(3A) Subsection (3) applies unless regulations made under section 400 require otherwise.” (2) In section 26(10)(b), after “transit visas”, insert “; or”. (3) After section 26(10)(b), insert: “(c) regulations made under section 400.” 7 New section 135A inserted (Suspension of determination of claim) After section 135, insert: “135A Suspension of determination of claim “(1) This section applies to a claim if the processing of the claim is suspended in accordance with regulations made under section 400. “(2) For the duration of the suspension, a refugee and protection officer must not— “(a) determine the claim in accordance with sections 136 and 137; or “(b) make a decision on the claim in accordance with section 138.” 8 Section 140 amended (Limitation on subsequent claims) (1) In section 140(1), after “as a refugee”, insert “or a protected person”. (2) In section 140(1)(b)(ii), replace “section 129” with “any of sections 129 to 131”. (3) Replace section 140(3)(b) with: “(b) repeats any claim previously made (including a subsequent claim).” 9 Section 233 replaced (When Tribunal must or may provide oral hearing) Replace section 233 with: “233 When Tribunal must or may provide oral hearing “(1) The Tribunal must provide an oral hearing in the case of an appeal against liability for deportation by a resident or permanent resident. “(2) The Tribunal may, in its absolute discretion, provide an oral hearing in any other appeal against liability for deportation. “(3) The Tribunal must provide an oral hearing in the case of an appellant or affected person currently or previously recognised as a refugee or a protected person, or a claimant for such recognition, unless— “(a) the person was interviewed by a refugee and protection officer (or a refugee status officer under the former Act) in the course of determining the relevant issue at first instance or, having been given an opportunity to be interviewed, failed to take that opportunity; and “(b) the Tribunal considers that the appeal or other contention of the person— “(i) is prima facie manifestly unfounded or clearly abusive; or “(ii) relates to a subsequent claim for refugee or protection status. “(4) The Tribunal may, in its absolute discretion, provide an oral hearing in the case of an appeal that relates to a subsequent claim for refugee or protection status.” 10 Section 249 amended (Restric","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-subsequent-protection-claims-20130619","countryCode":"NZ","country":"New Zealand","title":"Significant-change threshold extended to subsequent protected-person claims","policyEffect":"From 19 June 2013, section 140(1)’s threshold for considering a subsequent refugee claim was extended to subsequent claims for recognition as a protected person. The officer must be satisfied that circumstances material to the claim changed significantly after the previous determination, and that the change was not brought about by the claimant acting otherwise than in good faith for the purpose of creating recognition grounds under sections 129–131. Both bad faith and that purpose are required for this disqualification; other persons’ actions cannot be treated as mitigating factors in this assessment. The existing discretion to refuse manifestly unfounded or clearly abusive subsequent refugee or protection claims remains. The repeated-claim ground now expressly covers any claim previously made, including an earlier subsequent claim; that textual clarification is not counted separately.","operativeDate":"2013-06-19","year":2013,"affectedGroup":"Applicants making subsequent claims for protected-person recognition; associated section140 rules also cover subsequent refugee claims","materialConditionsAndExceptions":"Validated condition or limit: From 19 June 2013, section 140(1)’s threshold for considering a subsequent refugee claim was extended to subsequent claims for recognition as a protected person.; The officer must be satisfied that circumstances material to the claim changed significantly after the previous determination, and that the change was not brought about by the claimant acting otherwise than in good faith for the purpose of creating recognition grounds under sections 129–131.; Both bad faith and that purpose are required for this disqualification","policyCategory":"Protection and immigration procedure","policyTool":"Protection procedures","sourceName":"New Zealand Parliamentary Counsel Office","sourceUrl":"https://www.legislation.govt.nz/act/public/2013/39/en/latest","preciseCitation":"Immigration Amendment Act2013 No39; complete principalAct section140 immediately before/after19June2013","evidencePassage":"Skip to main content Kāinga Home Tirohia i ngā tari kāwanatanga Browse agencies Ako atu anō Learn more Advanced search Any legislation In force Bills Not in force Title contains Content contains Act In force Latest version as at 18 June 2013 (as enacted) | 2013 No 39 | Administered by Ministry of Business, Innovation, and Employment Immigration Amendment Act 2013 Amendment Act Versions (1) Related Bill (1) Section view Download Search content Hide navigation Contents 1 Title 2 Commencement 3 Principal Act Part 1 Substantive amendments 4 Section 4 amended (Interpretation) 5 New section 9A inserted (Meaning of mass arrival group) 6 Section 26 amended (How claims and applications for visas and entry permission processed) 7 New section 135A inserted (Suspension of determination of claim) 8 Section 140 amended (Limitation on subsequent claims) 9 Section 233 replaced (When Tribunal must or may provide oral hearing) 10 Section 249 amended (Restriction on review) 11 Section 307 amended (Purpose of Part) 12 New sections 317A to 317E inserted 13 Section 324 amended (Review of warrant of commitment or release on conditions) 14 New section 324A inserted (Review of mass arrival warrant) 15 Section 343 amended (Aiding and abetting) 16 Section 403 amended (Regulations in respect of refugee and protection matters) Part 2 Consequential amendments 17 Consequential amendments to principal Act 18 Consequential amendments to Immigration (Certificate and Warrant Forms) Regulations 2010 Schedule 1 Consequential amendments to principal Act Schedule 2 Immigration (Certificate and Warrant Forms) Regulations 2010—new form 5 Contents Legislative history Immigration Amendment Act 2013 Public Act 2013 No 39 Date of assent 18 June 2013 Commencement see section 2 Show contents Contents The Parliament of New Zealand enacts as follows: 1 Title This Act is the Immigration Amendment Act 2013. 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Principal Act This Act amends the Immigration Act 2009 (the principal Act). Part 1 Substantive amendments 4 Section 4 amended (Interpretation) (1) In section 4, insert in its appropriate alphabetical order: “mass arrival group has the meaning given to it by section 9A”. (2) In section 4, replace the definition of warrant of commitment with: “warrant of commitment— “(a) means a warrant of commitment issued under section 317, 318, or 323; and “(b) includes— “(i) a mass arrival warrant issued under section 317B (in respect of all or specified members of a mass arrival group); and “(ii) a further warrant of commitment issued under section 317E(1)(a) (in respect of all or specified members of a mass arrival group)”. 5 New section 9A inserted (Meaning of mass arrival group) After section 9, insert: “9A Meaning of mass arrival group “(1) In this Act, mass arrival group means a group of more than 30 people, each of whom falls within 1 or more of the classes of person described in paragraphs … (f) of section 115(1), who arrive in New Zealand— “(a) on board the same craft; or “(b) on board the same group of craft at the same time; or “(c) on board the same group of craft and within such a time period or in such circumstances that each person arrived, or intended to arrive, in New Zealand as part of the group. “(2) In subsection (1), craft does not include a craft travelling to New Zealand in the course of a scheduled international service (within the meaning of section 96(4)).” 6 Section 26 amended (How claims and applications for visas and entry permission processed) (1) After section 26(3), insert: “(3A) Subsection (3) applies unless regulations made under section 400 require otherwise.” (2) In section 26(10)(b), after “transit visas”, insert “; or”. (3) After section 26(10)(b), insert: “(c) regulations made under section 400.” 7 New section 135A inserted (Suspension of determination of claim) After section 135, insert: “135A Suspension of determination of claim “(1) This section applies to a claim if the processing of the claim is suspended in accordance with regulations made under section 400. “(2) For the duration of the suspension, a refugee and protection officer must not— “(a) determine the claim in accordance with sections 136 and 137; or “(b) make a decision on the claim in accordance with section 138.” 8 Section 140 amended (Limitation on subsequent claims) (1) In section 140(1), after “as a refugee”, insert “or a protected person”. (2) In section 140(1)(b)(ii), replace “section 129” with “any of sections 129 to 131”. (3) Replace section 140(3)(b) with: “(b) repeats any claim previously made (including a subsequent claim).” 9 Section 233 replaced (When Tribunal must or may provide oral hearing) Replace section 233 with: “233 When Tribunal must or may provide oral hearing “(1) The Tribunal must provide an oral hearing in the case of an appeal against liability for deportation by a resident or permanent resident. “(2) The Tribunal may, in its absolute discretion, provide an oral hearing in any other appeal against liability for deportation. “(3) The Tribunal must provide an oral hearing in the case of an appellant or affected person currently or previously recognised as a refugee or a protected person, or a claimant for such recognition, unless— “(a) the person was interviewed by a refugee and protection officer (or a refugee status officer under the former Act) in the course of determining the relevant issue at first instance or, having been given an opportunity to be interviewed, failed to take that opportunity; and “(b) the Tribunal considers that the appeal or other contention of the person— “(i) is prima facie manifestly unfounded or clearly abusive; or “(ii) relates to a subsequent claim for refugee or protection status. “(4) The Tribunal may, in its absolute discretion, provide an oral hearing in the case of an appeal that relates to a subsequent claim for refugee or protection status.” 10 Section 249 amended (Restric","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-c188a1d89da9a03108a0","countryCode":"NZ","country":"New Zealand","title":"Visa Pak 137: Parent Category Sponsor Income Assessment Standards","policyEffect":"Issued operational instructions standardizing the assessment of a sponsor’s gross personal income under the Parent Category (operational manual section F4.30.1) across paid employment, regular self-employment, and investment income. Clarified that commission income can be recognized if sustained/regular, required gross annual income to be counted before taxes and deductions (including business drawings and hours worked over 40 hours per week), and specified acceptable evidentiary documentation. Phase scope: National system-wide adjudications under Parent Category residence applications","operativeDate":"2013-11-15","year":2013,"affectedGroup":"Family sponsors","materialConditionsAndExceptions":"Validated condition or limit: Clarified that commission income can be recognized if sustained/regular, required gross annual income to be counted before taxes and deductions (including business drawings and hours worked over 40 hours per week), and specified acceptable evidentiary documentation.","policyCategory":"Family reunification","policyTool":"Adjudication guidance","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/formshelp/visa-paks/2013-nov-15-parent-category-2013-sponsor2019s-income","preciseCitation":"Immigration New Zealand, Visa Pak 137 - Clarification about parent Category how to assess Sponsor’s income whether on paid employment or self employed, 15 November 2013.","evidencePassage":"2013-Nov 15: Parent Category – Sponsor’s income | Immigration New Zealand Skip to main content Skip to footer 2013-Nov 15: Parent Category – Sponsor’s income Visa Pak 137 - Clarification about parent Category how to assess Sponsor’s income whether on paid employment or self employed. 15 November 2013 Operations Support has received a number of queries about how to determine a sponsor’s self-employed or investment income under the Parent Category as described at F4.30.1 Sponsor’s income. A sponsor must meet the gross minimum income requirement by obtaining personal income from one or any combination of the following: Sustained paid employment; Regular self-employment; Regular investment income. Note: Gross annual income is an individual’s total personal income before taxes or deductions are taken into account. e.g. rental income before tax, mortgage payments, rates etc. Personal income must be payment made directly to the sponsor and/or their partner in the form of regular wages or regular drawings (monies withdrawn by an owner or partner’s business for personal use). All of an individual’s annual personal income must be taken into account, including for hours worked in excess of 40 … hours per week. Income received on a commission basis may also be included if that income is determined as sustained/regular income. i.e. the income is received at regular intervals over a period of time (normally on a weekly, fortnightly, monthly basis). Evidence of salary/wages or drawings may include (but is not limited to) original or certified copies of: Summary of Earnings Personal Tax Summary Individual Tax Return (IR3) Return Acknowledgment Wage Slips Current employment contract Bank statements Documents from other financial institutions An original or certified copy of a letter from","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-entrepreneur-support-points-20141127","countryCode":"NZ","country":"New Zealand","title":"Entrepreneur Work Visa local-agency support bonus points removed","policyEffect":"Instructions effective November 27, 2014 removed the 20-point Entrepreneur Work Visa bonus for qualifying formal local-agency support. The earlier points table covered specified support from a local council, Economic Development Agency, chamber of commerce, New Zealand Trade and Enterprise or MBIE. The 20-point bonus for a business based outside Auckland remained in the table.","operativeDate":"2014-11-27","year":2014,"affectedGroup":"Entrepreneur work visa applicants relying on local-agency support points","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand Operational Manual","sourceUrl":"https://www.immigration.govt.nz/opsmanual/58597.htm","preciseCitation":"BB3.10 Points scale for an Entrepreneur Work Visa (27/11/2014); BB3.10 Points scale for an Entrepreneur Work Visa (24/03/2014)","evidencePassage":"to New Zealand, or to a particular region. 30 Points for capital investment (excluding working capital) $1,000,000 + 80 $750,000 + 60 $500,000 + 50 $400,000 + 30 $300,000 + 20 $200,000 + 10 under $200,000 0 Points for age of prospective applicant (at date of lodging application) 24 and under 15 25-29 20 30-39 20 40-49 20 50-59 10 60 and over 0 Bonus points Business based outside Auckland as defined in BB6.1.35. 20 Note: For definitions of terms for the purposes of the Entrepreneur Work Visa and Entrepreneur Residence Visa Categories, please see the Definitions section at BB6. BB3.10.1 Change t … BB3.10 Points scale for an Entrepreneur Work Visa (27/11/2014) BB3.10 Points scale for an Entrepreneur Work Visa (27/11/2014) Applications must meet a minimum score of 120 or more points, in order to be granted an Entrepreneur Work Visa. Applications not meeting the minimum score of 120 points will be declined. Applicants must be able to demonstrate to the satisfaction of a business immigration specialist why they should be awarded the points they have claimed. Business immigration specialists must give written reasons for declining the application and not awarding any points claimed. The foll … owing table outlines the points that can be awarded for an Entrepreneur Work Visa application: Points for business experience (can be awarded in only one category) Relevant self employment 10 years + 40 5 years + 30 3 years + 20 Other self employment 10 years + 20 5 years + 15 3 years + 5 Relevant senior management experience 10 years + 10 5 years + 5 Points for benefit to New Zealand (can be awarded in up to two categories) New full time employment creation 10+ new full time positions for New Zealand citizens or residents 80 5 or more new full time positions for New Zealand citizens or reside … o points scale and pass mark for Entrepreneur Work Visa The Minister of Immigration, in consultation with the Minister of Economic Development and the Minister for Small Business, may amend the bonus points that can be awarded in the points scale at BB3.10. Any changes to the points scale, categories or the pass mark will be effected through changes to immigration instructions and advertised on the INZ website. Effective 27/11/2014 PREVIOUS IMMIGRATION INSTRUCTIONS BB3.10 Points scale for an Entrepreneur Work Visa (01/11/2015) BB3.10 Points scale for an Entrepreneur Work Visa (24/03/2014)","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-rse-fiji-20141208","countryCode":"NZ","country":"New Zealand","title":"Fiji added to the RSE eligible Pacific-country recruitment list","policyEffect":"Instructions effective December 8, 2014 added Fiji to the eligible Pacific-country list for Recognised Seasonal Employer Agreements to Recruit. The ordinary rule covers citizens of listed countries who are also normally resident in a listed country. The earlier separate provision for citizens of eligible countries normally resident in Fiji was absorbed by this list change. Existing exceptions for recruiting citizens of other countries and the other RSE requirements remained applicable.","operativeDate":"2014-12-08","year":2014,"affectedGroup":"Recognised seasonal employers and eligible pacific-country workers","materialConditionsAndExceptions":"Validated condition or limit: Instructions effective December 8, 2014 added Fiji to the eligible Pacific-country list for Recognised Seasonal Employer Agreements to Recruit.; The earlier separate provision for citizens of eligible countries normally resident in Fiji was absorbed by this list change.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand Operational Manual","sourceUrl":"https://www.immigration.govt.nz/opsmanual/59475.htm","preciseCitation":"WH1.10 Agreement to Recruit (ATR) (08/12/2014); WH1.10 Agreement to Recruit (ATR) (25/08/2014)","evidencePassage":"s the forecast labour shortage for the region and period requested, INZ may approve the recruitment of a lesser number of workers, or for a lesser period of work than requested. INZ will take into consideration the needs of the horticulture industry and viticulture industry as a whole when determining an ATR application and the number of workers that may be approved, to ensure that no particular region, crop or season is disadvantaged. Any supporting documentation to verify a regional labour shortage will be considered. WH1.10.10 Pacific countries eligible for the recruitment of workers ATRs w … ill only be granted for recruitment of citizens from the following eligible Pacific countries who are also normally resident in one of those countries, unless (b) below applies: Federated States of Micronesia Fiji Kiribati Nauru Palau Papua New Guinea Republic of Marshall Islands Samoa Solomon Islands Tonga Tuvalu Vanuatu. ATRs will only be granted for recruitment of citizens other than those listed above where INZ is satisfied that: reasonable attempts to recruit from the eligible Pacific countries have not been successful (see WH1.10.15 ); or the RSE has pre-established relationships with wo … WH1.10 Agreement to Recruit (ATR) (08/12/2014) WH1.10 Agreement to Recruit (ATR) (08/12/2014) An Agreement to Recruit (ATR) is an approval for a Recognised Seasonal Employer (RSE) to offer employment (in planting, maintaining, harvesting, and packing crops) to non-New Zealand citizen or residence class visa holder workers. This approval will only be given at times where demand for such workers in the horticulture and viticulture industries cannot be met from the available New Zealand workforce. The availability of suitable New Zealand citizen or residence class visa holder workers will be asse … reconsider a declined application for an ATR where new information is promptly provided. WH1.10.30 Applying for an ATR An application for an ATR must be: made in New Zealand; and made on the Application for an Agreement to Recruit (INZ 1141) form; and accompanied by the prescribed fee; and supported by evidence that demonstrates the employer meets the requirements set out at WH1.10.1 and WH1.10.10. Effective 08/12/2014 PREVIOUS IMMIGRATION INSTRUCTIONS WH1.10 Agreement to Recruit (ATR) (28/04/2025) WH1.10 Agreement to Recruit (ATR) (02/09/2024) WH1.10 Agreement to Recruit (ATR) (11/04/2024) WH","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-47baf69b67c718903645","countryCode":"NZ","country":"New Zealand","title":"Standardized Definitions for Essential Skills Labour Market Test and Skill Level 5 Rule","policyEffect":"Implemented binding mutual definitions agreed between the Minister of Immigration and Minister for Social Development for 'Available', 'Suitable New Zealand citizens or residents who can take up the work on offer', and 'Suitable New Zealand citizens or residents who can readily be trained to do the work on offer' across Essential Skills work visa applications, establishing that qualifications and work experience are not relevant for ANZSCO Skill Level 5 positions. Phase scope: Full operational application across Essential Skills work visa applications requiring a labour market test","operativeDate":"2015-03-27","year":2015,"affectedGroup":"Temporary workers","materialConditionsAndExceptions":"","policyCategory":"Temporary work migration","policyTool":"Labour market test","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/formshelp/visa-paks/2015-mar-27-definitions-to-key-terms-to-support-the-labour-market-test-for-essential-skills-work-visas","preciseCitation":"Immigration New Zealand, Visa Pak 204: Definitions to key terms to support the labour market test for essential skills work visas (27 March 2015)","evidencePassage":"Definitions on key terms under the Essential Skills Work Visa category to support labour market tests. 27 March 2015 Definitions to key terms to support the labour market test for essential skills work visas The Minister of Immigration and the Minister for Social Development have recently agreed to mutual definitions for the following terms, which are used for labour market tests: ‘Available’, ‘Suitable New Zealand citizens or residents who can take up the work on offer’ and ‘Suitable New Zealand citizens or residents who can readily be trained to do the work on offer’. Defining these terms will improve the clarity and consistency of the advice Work and Income (W&I) provides to Immigration New Zealand (INZ) and make the process for approving or declining visa applications more transparent.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-aa1006e5324d853f536f","countryCode":"NZ","country":"New Zealand","title":"Immigration Amendment Act (No. 2)","policyEffect":"The Immigration Amendment Act (No. 2) expanded deportation liability for residence class visa holders convicted of migrant exploitation or who provided fraudulent information, and modified visa cancellation procedures upon deportation liability.","operativeDate":"2015-05-08","year":2015,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"","policyCategory":"Removal or readmission","policyTool":"Enforcement","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/formshelp/visa-paks/2015-may-08-immigration-amendment-bill-no-2","preciseCitation":"immigration.govt.nz. Immigration Amendment Act (No. 2).","evidencePassage":", that person is not, or is no longer, subject to a period of prohibition on entry. Sponsorship - Act now allows sponsorship for up to 10 years. No current change as conditions are still set in instructions at 5 years. Cancellation of visas – a new section 64(1)(ab) now provides that if a person holds a visa, this is cancelled on the day after the first date a deportation order may be served. The person must be advised of this in their deportation order. If a new visa is issued to a person whose visa has been cancelled, this does not affect their deportation liability. Compliance officers are … responsible for cancelling the visa in AMS on the applicable date. Deportation Liability - Section 158 states that a residence class visa holder is liable for deportation where it is established that any of the information provided in relation to their application for a residence class visa, entry permission, or any previous visa that led to residence was fraudulent, forged, false, or misleading, or any relevant information was concealed. Liability arises whether or not it was the visa holder who provided the information. Staff should continue to process residence class visa applications as per normal including the usual character process. A case only needs to be referred to Resolutions where it is identified after the grant of a visa that there was fraud etc. Suspension of visa processing - section 169 has been amended to clarify that the suspension of visa processing while liable for deportation does not apply to applications referred back by IPT for further consideration. Migrant Exploitation - section 161 now states that a residence class visa holder is liable for deportation where convicted of an offence against section 350(1)(a) (knowingly employing a person who is not entitled","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-b12f7a3e29b8b1fd9e2effff","countryCode":"NZ","country":"New Zealand","title":"A designated person must not enter New Zealand or transit through New Zealand.","policyEffect":"A designated person must not enter New Zealand or transit through New Zealand.","operativeDate":"2015-08-06","year":2015,"affectedGroup":"Designated person","materialConditionsAndExceptions":"Validated condition or limit: A designated person must not enter New Zealand or transit through New Zealand.","policyCategory":"Migration policy","policyTool":"","sourceName":"classic.legislation.govt.nz","sourceUrl":"https://classic.legislation.govt.nz/regulation/public/2015/0172/latest/whole.html","preciseCitation":"","evidencePassage":"to [regulation 4](https://classic.legislation.govt.nz/regulation/public/2015/0172/latest/link.aspx?id=DLM6094222#DLM6094222) with \"“**Prohibition on designated persons entering or transiting through New Zealand**”\". (2) Replace [regulation 4(1)](https://classic.legislation.govt.nz/regulation/public/2015/0172/latest/link.aspx?id=DLM6094222#DLM6094222) with: (1) A designated person must not enter New Zealand or transit through New Zealand. ##### 6 Regulations 5 to 7 and cross-heading replaced Replace [regulations 5 to 7](https://classic.legislation.govt.nz/regulation/public/2015/0172/latest/link","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-entrepreneur-regional-points-20151101","countryCode":"NZ","country":"New Zealand","title":"Entrepreneur Work Visa regional bonus increased from 20 to 40 points","policyEffect":"From November 1, 2015, Entrepreneur Work Visa applicants intending to establish a business outside Auckland could receive 40 regional bonus points, increased from 20. This is the Entrepreneur Work Visa points change, separate from the Skilled Migrant Category employment bonus in the same circular.","operativeDate":"2015-11-01","year":2015,"affectedGroup":"Entrepreneur work visa applicants establishing a business outside auckland","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendmentcircular201508.pdf","preciseCitation":"Amendment Circular 2015/08; BB3.10","evidencePassage":"ork Visa Category:  Increased points available to SMC applicants with a job offer outside of Auckland from 10 to 30  Requirement that SMC migrants who have been in a job for less than three months and were awarded bonus points for a job offer outside of Auckland remain employed outside of Auckland for 12 months  Increased points available to Entrepreneur Work Visa applicants who intend to establish a business outside of Auckland from 20 to 40. BB2.1 - Entrepreneur Work Visas BB3.1 - Summary of requirements for the grant of an Entrepreneur Work Visa BB3.5 - Requirement for capital investment … 0 Points for unique or new products or services to New Zealand A credible business proposal that provides unique or new products/ services to New Zealand, or to a particular region. 30 Points for capital investment $1,000,000 + 80 $750,000 + 60 $500,000 + 50 $400,000 + 30 $300,000 + 20 13 $200,000 + 10 under $200,000 0 Points for age of prospective applicant (at date of lodging application) 24 and under 15 25-29 20 30-39 20 40-49 20 50-59 10 60 and over 0 Bonus points Business based outside Auckland as defined in BB6.1.35. 40 Note: For definitions of terms for the purposes of the Entrepreneur … 16 October 2015 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2015/08 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments and operate in accordance with the amended instructions on and after 1 November 2015. Note The amendments described in this circular will be published in the Immigration New Zealand Operational Manual in due course. Any … enquiries about these amendments should be directed to the Immigration Contact Centre on 0508 558 855 or 09 914 4100 (Auckland only). Changes to immigration instructions effective on and after 1 November 2015 BB3.10 - Points scale for an Entrepreneur Work Visa SM4.30 - Resident visa subject to conditions SM6 - Summary of points for employability and capacity building factors SM9.5 - Bonus points for employment outside the Auckland region To help maximise the contribution of immigration to the regions, the following changes have been made to the Skilled Migrant Category (SMC) and Entrepreneur W … submitted A13.1 - The form in which documents must be submitted Removed requirement for copied documents to be provided in colour. WK2.10 Determining the availability of New Zealand citizens or residents Removed expired Queenstown labour market test instructions. WI13 China Skilled Workers Instructions Removed note referring to validity of listed occupations. 2 APPENDIX 1: AMENDED IMMIGRATION INSTRUCTIONS EFFECTIVE ON AND AFTER 1 November 2015 3 BH2.1 Successful establishment and operation of a business that benefits New Zealand significantly Principal applicants in the Entrepreneur Residence","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-c12aa4333f5bd258cb35","countryCode":"NZ","country":"New Zealand","title":"Skilled Migrant Category Bonus Points Increase for Regional Employment Outside Auckland","policyEffect":"Increased bonus points under the Skilled Migrant Category for skilled employment or job offers outside Auckland from 10 to 30 points, while introducing Section 49(1) visa conditions restricting successful applicants from moving to a job in Auckland for at least 12 months if employed in that position for less than three months. Phase scope: Applies to Expressions of Interest updated or selected and applications tendered on or after 1 November 2015","operativeDate":"2015-11-01","year":2015,"affectedGroup":"Skilled workers","materialConditionsAndExceptions":"Validated condition or limit: Increased bonus points under the Skilled Migrant Category for skilled employment or job offers outside Auckland from 10 to 30 points, while introducing Section 49(1) visa conditions restricting successful applicants from moving to a job in Auckland for at least 12 months if employed in that position for less than three months.; Phase scope: Applies to Expressions of Interest updated or selected and applications tendered on or after 1 November 2015","policyCategory":"Permanent economic migration","policyTool":"Points system","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/formshelp/visa-paks/2015-oct-30-smc-points-increase-for-skilled-employment-outside-auckland","preciseCitation":"Immigration New Zealand, Visa Pak 234: SMC points increase for skilled employment outside Auckland (30 October 2015)","evidencePassage":"2015-Oct 30: SMC points increase for skilled employment outside Auckland | Immigration New Zealand Skip to main content Skip to footer 2015-Oct 30: SMC points increase for skilled employment outside Auckland Visa Pak 234 - Information about SMC bonus points increase for skilled employment outside Auckland effective 1 November 2015 and relevant conditions applicable. 30 October 2016 SMC points increase for skilled employment outside Auckland As outlined in Amendment Circular 2015-08, effective 1 November 2015, bonus points awarded under the Skilled Migrant Category for skilled employment outside the Auckland region will increase from 10 to 30 points. To ensure applicants remain outside of Auckland, Section 49(1) conditions will apply to applicants who are awarded points for a job offer or current employment outside of Auckland and have been in that job for less than three months. These applicants will be restricted from changing to a job in Auckland for at least 12 months. They would, however, be able to change jobs and regions outside of Auckland. These new conditions will become operational through amendments to instructions SM4.30, effective on 1 November 2015. Please note: Existing","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-filipino-dairy-character-20151103","countryCode":"NZ","country":"New Zealand","title":"Character exception for qualifying Filipino dairy workers with earlier false visa evidence","policyEffect":"Effective November 3, 2015, instruction WK1.11 permits a further Essential Skills work visa despite the A5.45(b) character requirement for qualifying Philippine nationals in New Zealand who previously supplied false, misleading or forged visa evidence. They must hold an Essential Skills work visa, or an interim visa based on that visa, have been granted an Essential Skills dairy-farm work visa before September 1, 2015, and be applying for another dairy-farm Essential Skills visa. They must not subsequently have withheld information or supplied further false information, and must meet all other Essential Skills visa criteria.","operativeDate":"2015-11-03","year":2015,"affectedGroup":"Qualifying philippine nationals working on new zealand dairy farms under essential skills visas","materialConditionsAndExceptions":"Validated condition or limit: Effective November 3, 2015, instruction WK1.11 permits a further Essential Skills work visa despite the A5.45(b) character requirement for qualifying Philippine nationals in New Zealand who previously supplied false, misleading or forged visa evidence.; They must hold an Essential Skills work visa, or an interim visa based on that visa, have been granted an Essential Skills dairy-farm work visa before September 1, 2015, and be applying for another dairy-farm Essential Skills visa.; They must not subsequently have withheld information or supplied further false information, and must meet all other Essential Skills visa criteria.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendmentcircular201509.pdf","preciseCitation":"Amendment Circular 2015/09; WK1.11","evidencePassage":"e course. Changes to temporary entry instructions effective on and after 3 November 2015 WK1.11 Essential skills visas for Filipino dairy workers who have provided false documents A new section of immigration instructions has been added to Essential Skills work visa instructions. The new section applies only to Filipino dairy workers who have provided false documents with a previous visa application. It allows for the grant of an Essential Skills work visa to these workers despite normal character requirements, provided they have not subsequently provided false information or withheld relevant … information, and that they meet other Essential Skills criteria. 2 APPENDIX 1: AMENDED IMMIGRATION INSTRUCTIONS EFFECTIVE ON AND AFTER 3 NOVEMBER 2015 3 WK1.11 Essential skills visas for Filipino dairy workers who have provided false documents a. The intent of this section of Essential Skills instructions is: i. to recognise that the dairy industry is of particular importance to the New Zealand economy, particularly in regional and rural New Zealand; ii. to acknowledge significant levels of false and misleading information have been identified in previous work visa applications to work in the … dairy industry; and iii. to acknowledge that declining a large number of work visa applications for failing to meet the requirement to be of good character would have a detrimental effect on the dairy industry. b. These instructions apply to people who: i. are nationals of the Philippines; ii. are in New Zealand holding an Essential Skills work visa (or an interim visa based on holding an Essential Skills work visa at the time they made an application); iii. are subject to A5.45(b) as an immigration officer has established that, on the balance of probabilities, in the course of applying for a … New Zealand visa they provided any statement, information, evidence or submission that was false, misleading or forged; iv. were granted an Essential Skills work visa to work on a dairy farm before 1 September 2015; and v. are applying for a further Essential Skills work visa to work on a dairy farm. c. Despite the character requirement set out at A5.45(b) a person to whom (b) above applies may be granted an Essential Skills work visa if they: i. have not subsequently withheld information or provided further false information to INZ, in particular with regard to the application in which they … originally supplied false information; and ii. meet all other criteria for the grant of an Essential Skills visa. 4 … 4 November 2015 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2015/09 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached at Appendix 1. All immigration officers dealing with immigration applications should read the amendments and operate in accordance with the amended instructions on and after 3 November 2015. Note The amendments described in this circular will be published in the Immigration New Zealand Operational Manual in du","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-visitor-partner-declaration-20151207","countryCode":"NZ","country":"New Zealand","title":"Joint declaration permitted as partnership evidence for a partner included in a visitor visa application","policyEffect":"From December 7, 2015, where a visitor visa application included a partner as a secondary applicant, an immigration officer could accept a declaration from both parties as evidence that they were living together in a genuine and stable partnership. The instruction provided discretion to accept this evidence; it did not remove the partnership eligibility requirements.","operativeDate":"2015-12-07","year":2015,"affectedGroup":"Partners included as secondary applicants in visitor visa applications","materialConditionsAndExceptions":"Validated condition or limit: it did not remove the partnership eligibility requirements.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendmentcircular201510.pdf","preciseCitation":"Amendment Circular 2015/10; E4.5.20(c)","evidencePassage":"nd Pacific Access Category schemes will be referred to the appropriate guide, rather than form, for detailed information about registration requirements. Changes to temporary entry instructions effective on and after 7 December 2015 BB3.10 Points scale for an Entrepreneur Work Visa A reference to Cabinet processes has been removed. E4.5 Temporary entry class visa for partners and dependent children Instructions have been amended to allow an immigration officer to accept a partner included in an application for a visitor visa as living with the principal applicant in a genuine and stable partne … porary entry class visa holder, a New Zealand citizen, or residence class visa holder, the following must be provided: i. evidence of their relationship, and ii. evidence that demonstrates they are living together with that partner in a genuine and stable relationship (E4.5.35 sets out the types of evidence that are required). b. Where a person is applying for a temporary entry class visa on the basis of partnership, their partner must provide a completed Form for Partners Supporting Partnership-based Temporary Entry Applications (INZ 1146). c. Despite (a) above for the purposes of visitor vis … a instructions, where an application includes a partner as a secondary applicant, a declaration from both parties may be accepted as evidence that they are living together in a genuine and stable partnership (see E4.5.35(b)). E4.5.25 Definition of ‘genuine and stable’ partnership A partnership is genuine and stable if an immigration officer is satisfied that it: a. is genuine, because it has been entered into with the intention of being maintained on a long-term and exclusive basis; and b. is stable, because it is likely to endure. E4.5.30 Definition of ‘living together’ For the purposes of th … 30 November 2015 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2015/10 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments in Appendix 1 and operate in accordance with the amended instructions on and after 7 December 2015. All immigration officers dealing with immigration applications should read the amendments in Appendix 2 and operate in","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-pathway-student-pilot-20151207","countryCode":"NZ","country":"New Zealand","title":"Pathway Student Visa pilot launched for consecutive study programmes","policyEffect":"On December 7, 2015, New Zealand started an 18-month Pathway Student Visa pilot. It allowed eligible international students to undertake up to three consecutive programmes of study with selected education providers on a single visa valid for up to five years. A pathway could be offered by one provider or a group of providers. This record describes the pilot’s launch, not its later extensions or permanent operation.","operativeDate":"2015-12-07","year":2015,"affectedGroup":"Eligible international students studying consecutive programmes with selected pathway education providers","materialConditionsAndExceptions":"Validated condition or limit: It allowed eligible international students to undertake up to three consecutive programmes of study with selected education providers on a single visa valid for up to five years.","policyCategory":"Migration policy","policyTool":"","sourceName":"Education New Zealand; Immigration New Zealand","sourceUrl":"https://www.enz.govt.nz/news-and-research/ed-news/pathway-visa-announced","preciseCitation":"Education New Zealand, Pathway visa announced, 9 December 2015; Amendment Circular 2015/10, U14","evidencePassage":"rship based on a declaration made by both parties. WD1.10 Qualification requirements Instructions have been amended to ensure students on a study to work pathway are not disadvantaged by changes made by the New Zealand Qualifications Authority to level 4 programmes of study. WH1.10.1 Requirements for an ATR A requirement has been added that recognised seasonal employers ensure migrant workers have access to legal and reputable remittance services as part of their pastoral care. 2 U14 Pathway student visas pilot An 18 month pathway student visa pilot has been implemented that will enable intern … ational students to undertake a pathway of up to three consecutive programmes of study on a single visa. U15 Multiple short-term English language programmes of study Applicants may be granted a student visa to undertake multiple short–term English language programmes of study for a maximum period of six months. Appendix 9 - Foreign Charter Vessels - Crew Employment Agreements To provide for the direct contact of crew by the Labour Inspectorate, the Foreign Charter Vessel Crew employment agreement must include a crew member’s contact details. Changes to residence and temporary entry instruction … y offered by tertiary providers other than universities, full-time work rights may not be granted. Note: An academic year means a programme of study of a minimum of 120 credits during a period of at least eight months (minimum of two semesters) U13.15.15 Work conditions for masters by research or doctoral students A student visa may be granted with conditions to allow the holder unlimited work rights if: a. the student is undertaking a Masters by Research or Doctoral degree, and 105 b. the qualification is awarded by a New Zealand tertiary institution. 106 U14 Pathway student visas pilot a. Fo … r the purposes of these instructions, a pathway is defined as a progression of up to three consecutive programmes of study, offered by qualifying education providers, either within their institution or in conjunction with other qualifying education providers. b. Pathway study can be undertaken on a single student visa. c. A pathway student visa cannot be granted after 7 June 2017, and any application for a pathway student visa made after this date must be declined. 107 U14.5 Requirements to be granted a pathway student visa To be granted a pathway student visa, an applicant must: a. be offered … an eligible study pathway from a qualifying provider (U14.20); b. meet the general requirements to be granted a student visa as set out at U3.1; c. meet the additional evidential requirements for pathway student visa set out at U14.5.1; d. make an application for a student visa before 7 June 2015. U14.5.1 Evidence of meeting requirements a. In addition to meeting the general requirements to be granted a student visa as set out at U3.1, when applying for a pathway student visa an applicant must provide: i. A joint covering letter from pathway education providers setting out the pathway program … 30 November 2015 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2015/10 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments in Appendix 1 and operate in accordance with the amended instructions on and after 7 December 2015. All immigration officers dealing with immigration applications should read the amendments in Appendix 2 and operate in","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-rse-remittance-access-20151207","countryCode":"NZ","country":"New Zealand","title":"Recognised Seasonal Employers required to provide access to lawful remittance services","policyEffect":"From December 7, 2015, the Recognised Seasonal Employer instructions added access to lawful and reputable remittance services to the pastoral-care requirements for migrant workers. When seeking an agreement to recruit, employers had to provide details of how they would meet this requirement as part of their pastoral-care arrangements.","operativeDate":"2015-12-07","year":2015,"affectedGroup":"Recognised seasonal employers and the migrant workers they recruit","materialConditionsAndExceptions":"Validated condition or limit: When seeking an agreement to recruit, employers had to provide details of how they would meet this requirement as part of their pastoral-care arrangements.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendmentcircular201510.pdf","preciseCitation":"Amendment Circular 2015/10; WH1.10.1","evidencePassage":"rship based on a declaration made by both parties. WD1.10 Qualification requirements Instructions have been amended to ensure students on a study to work pathway are not disadvantaged by changes made by the New Zealand Qualifications Authority to level 4 programmes of study. WH1.10.1 Requirements for an ATR A requirement has been added that recognised seasonal employers ensure migrant workers have access to legal and reputable remittance services as part of their pastoral care. 2 U14 Pathway student visas pilot An 18 month pathway student visa pilot has been implemented that will enable intern … ine months in any 11 month period for citizens of Tuvalu or Kiribati who are normally resident in Tuvalu or Kiribati) must be adhered to. f. INZ must be satisfied that the employer will make available appropriate pastoral care to workers. Employers must provide full details of how they plan to address the following pastoral care, and health and safety requirements: i. transportation to and from the port of arrival and departure; and ii. an induction programme; and iii. suitable accommodation; and iv. transportation to and from the worksite(s); and v. access to personal banking; and vi. access … r Recognised Seasonal Employer Status (INZ 1140) form; and c. accompanied by the prescribed fee; and d. supported by evidence that demonstrates the employer meets the requirements set out at WH1.5.5. 77 WH1.10 Agreement to Recruit (ATR) a. An Agreement to Recruit (ATR) is an approval for a Recognised Seasonal Employer (RSE) to offer employment (in planting, maintaining, harvesting, and packing crops) to non-New Zealand citizen or residence class visa holder workers. This approval will only be given at times where demand for such workers in the horticulture and viticulture industries cannot be … met from the available New Zealand workforce. b. The availability of suitable New Zealand citizen or residence class visa holder workers will be assessed in consultation with the Ministry of Social Development. WH1.10.1 Requirements for an ATR a. An application for an ATR will only be approved where the employer holds RSE status (WH1.5). b. INZ must be satisfied that the employer has taken all reasonable steps to recruit and train New Zealand citizens or residence class visa holders for available positions before seeking an ATR to recruit workers who are not New Zealand citizens or residence c … 30 November 2015 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2015/10 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments in Appendix 1 and operate in accordance with the amended instructions on and after 7 December 2015. All immigration officers dealing with immigration applications should read the amendments in Appendix 2 and operate in … roval in principle (AIP) apply to an individual Essential Skills application lodged for the positions covered by the AIP, regardless of whether the AIP has lapsed or is still valid. 4 APPENDIX 1: AMENDED IMMIGRATION INSTRUCTIONS EFFECTIVE ON AND AFTER 7 DECEMBER 2015 5 A6 Fees and Immigration levy A6.1 Application fees and immigration levy for holders of diplomatic and official passports Holders of diplomatic or official passports who are listed below are exempt from the requirement to pay a visa fee and immigration levy. A6.1.1 Fee and immigration levy exempt Applicants listed below are exemp","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-afghan-interpreter-family-sponsorship-20151207","countryCode":"NZ","country":"New Zealand","title":"Refugee Family Support Category sponsorship extended to qualifying Afghan interpreters and accompanying family","policyEffect":"From December 7, 2015, Refugee Family Support Category sponsor eligibility included New Zealand citizens or residents granted residence as Afghan interpreters, or as partners or dependent children who accompanied those interpreters to New Zealand, subject to the other sponsorship requirements. The interpreter provision covered people who had worked with the New Zealand Defence Force, Police or Special Air Service in Afghanistan and received residence from the Minister as an exception to instructions under section 72(3) of the Immigration Act 2009.","operativeDate":"2015-12-07","year":2015,"affectedGroup":"Qualifying afghan interpreters and accompanying partners or dependent children granted new zealand residence","materialConditionsAndExceptions":"Validated condition or limit: From December 7, 2015, Refugee Family Support Category sponsor eligibility included New Zealand citizens or residents granted residence as Afghan interpreters, or as partners or dependent children who accompanied those interpreters to New Zealand, subject to the other sponsorship requirements.; The interpreter provision covered people who had worked with the New Zealand Defence Force, Police or Special Air Service in Afghanistan and received residence from the Minister as an exception to instructions under section 72(3) of the Immigration Act 2009.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendmentcircular201510.pdf","preciseCitation":"Amendment Circular 2015/10; S4.10.15","evidencePassage":"accordance with the amended instructions on and after 1 January 2016. Note The amendments described in this circular will be published in the Immigration New Zealand Operational Manual in due course. Any enquiries about these amendments should be directed to the Immigration Contact Centre on 0508 558 855 or 09 914 4100 (Auckland only). Changes to residence instructions effective on and after 7 December 2015 S4.10 Refugee Family Support Category Afghan interpreters, their partners and dependent children are now eligible sponsors under these instructions SM3.15 Selection of Expressions of Intere … eted General Medical Certificate (INZ 1007); and ii. a completed Chest X-ray Certificate (INZ 1096) (except for pregnant women and children under the age of 11). e. Unless A4.20(d) applies, the General Medical Certificate (INZ 1007) and Chest X-Ray Certificate (INZ 1096) must have been issued less than three months before the date they are received by an immigration officer. S4.10.15 Eligible sponsors under RFSC See also Immigration Act 2009, s 48 a. For the purpose of RFSC, an 'eligible sponsor' is a New Zealand citizen or resident who: i. was granted a residence class visa in New Zealand on … the basis of their status as a refugee or protected person or as an Afghan interpreter, or as a partner or dependent child of an Afghan interpreter who accompanied them to New Zealand; and ii. has not sponsored any other principal applicant who has obtained a resident visa in New Zealand under RFSC (or Refugee Family Quota); and iii. is in New Zealand; and iv. is aged 18 years or over; and v. be an acceptable sponsor as set out at R4.5, except for the requirements at R4.5(d)(ii) and (iii). b. Sponsors aged 18 to 24 must be able to satisfy an immigration officer that they are able to meet the u … ndertakings given in the sponsorship form. c. For the purposes of these instructions, people granted residence on the basis of being an Afghan interpreter are people who have worked with the New Zealand Defence Force, the New Zealand Police or the New Zealand Special Air Service (SAS) in Afghanistan and were granted a residence class visa by the Minister of Immigration as an exception to instructions under section 72(3) of the Immigration Act 2009. S4.10.20 Two tier registration system for sponsors a. Registrations from tier one sponsors (see (e) below) will be given first access to available … 30 November 2015 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2015/10 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments in Appendix 1 and operate in accordance with the amended instructions on and after 7 December 2015. All immigration officers dealing with immigration applications should read the amendments in Appendix 2 and operate in","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-multiple-english-courses-20151207","countryCode":"NZ","country":"New Zealand","title":"Student visa provision for multiple short-term English language programmes","policyEffect":"From December 7, 2015, U15 allowed a student visa for multiple short-term English language programmes for up to six months. Applicants needed a joint letter from eligible pathway education providers specifying at least 14 weeks of English study, an offer of place for each programme, sufficient maintenance funds and compliance with general student-visa requirements. The route was unavailable to applicants previously granted a visa under U15; work conditions depended on the specified part-time work requirements.","operativeDate":"2015-12-07","year":2015,"affectedGroup":"Eligible international students undertaking multiple short-term english language programmes","materialConditionsAndExceptions":"Validated condition or limit: From December 7, 2015, U15 allowed a student visa for multiple short-term English language programmes for up to six months.; Applicants needed a joint letter from eligible pathway education providers specifying at least 14 weeks of English study, an offer of place for each programme, sufficient maintenance funds and compliance with general student-visa requirements.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendmentcircular201510.pdf","preciseCitation":"Amendment Circular 2015/10; U15","evidencePassage":"ational students to undertake a pathway of up to three consecutive programmes of study on a single visa. U15 Multiple short-term English language programmes of study Applicants may be granted a student visa to undertake multiple short–term English language programmes of study for a maximum period of six months. Appendix 9 - Foreign Charter Vessels - Crew Employment Agreements To provide for the direct contact of crew by the Labour Inspectorate, the Foreign Charter Vessel Crew employment agreement must include a crew member’s contact details. Changes to residence and temporary entry instruction … ent visa holders becoming liable for deportation. Note: INZ may rely on the advice of the Ministry of Education and/or the New Zealand Qualifications Authority in determining whether resolution has been reached or satisfactory progress has been made towards resolution. 112 U15 Multiple short-term English language programmes of study a. Applicants may be granted a student visa to undertake multiple short–term English language programmes of study for a maximum period of six months if they: i. submit a joint covering letter from eligible pathway education providers (U14.20.1) setting out the Engl … ish language programmes of study and start and end dates of each programme of study showing at least 14 weeks of English language study in total; ii. submit an offer of place (or joint offer) for each programme of study that meets the requirements set out at U3.5; iii. meet the general requirements to be granted a student visa as set out at U3.1; iv. can demonstrate they have sufficient funds for maintenance for the duration of their stay in New Zealand (U3.20); v. have not previously been granted a visa under these instructions. b. Work conditions will not be granted unless the part –time wor … 30 November 2015 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2015/10 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments in Appendix 1 and operate in accordance with the amended instructions on and after 7 December 2015. All immigration officers dealing with immigration applications should read the amendments in Appendix 2 and operate in … nd Pacific Access Category schemes will be referred to the appropriate guide, rather than form, for detailed information about registration requirements. Changes to temporary entry instructions effective on and after 7 December 2015 BB3.10 Points scale for an Entrepreneur Work Visa A reference to Cabinet processes has been removed. E4.5 Temporary entry class visa for partners and dependent children Instructions have been amended to allow an immigration officer to accept a partner included in an application for a visitor visa as living with the principal applicant in a genuine and stable partne","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-korea-working-holiday-cap-20151220","countryCode":"NZ","country":"New Zealand","title":"Korea Working Holiday Scheme annual places increased from 1,800 to 3,000","policyEffect":"Effective December 20, 2015, the Korea Working Holiday Scheme annual allocation increased from 1,800 to 3,000 places for eligible citizens of the Republic of Korea.","operativeDate":"2015-12-20","year":2015,"affectedGroup":"Eligible republic of korea citizens applying under the korea working holiday scheme","materialConditionsAndExceptions":"Validated condition or limit: Effective December 20, 2015, the Korea Working Holiday Scheme annual allocation increased from 1,800 to 3,000 places for eligible citizens of the Republic of Korea.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendmentcircular201511.pdf","preciseCitation":"Amendment Circular 2015/11; WI2.85","evidencePassage":"countries WI18.20 Conditions of work visa Republic of Korea has been added to the qualifying countries under the Primary Sector Trainees instructions, allowing up to 50 Korean nationals to be granted a work visa to undertake vocational programmes of study and work placements. WI2.85 Korea Working Holiday Scheme The number of available places has been increased from 1,800 to 3,000 each year. The restriction on working for the same employer for no more than three months has been removed. 2 APPENDIX 1: AMENDED IMMIGRATION INSTRUCTIONS EFFECTIVE ON AND AFTER 20 DECEMBER 2015 3 E9 Trade commitment … 11 Thai chefs  WI12 China Special Work Instructions  WI13 China Skilled Workers Instructions  WI14 Philippines Special Work Instructions  WI15 Vietnam Special Work Instructions  WI17 Indonesia Special Work Instructions  WI18 Primary sector trainees  WI19 Korea Special Work Instructions 4 WI2.85 Korea Working Holiday Scheme a. This scheme is available to 3000 young citizens of the Republic of Korea annually. b. To be eligible for a work visa under this scheme, applicants must: i. be citizens of the Republic of Korea; and ii. have a minimum of NZ$4,200 available funds for their maintenanc … 11 December 2015 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2015/11 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments and operate in accordance with the amended instructions on and after 20 December 2015. Note The amendments described in this circular will be published in the Immigration New Zealand Operational Manual in due course. An … y enquiries about these amendments should be directed to the Immigration Contact Centre on 0508 558 855 or 09 914 4100 (Auckland only). Changes to temporary entry instructions effective on and after 20 December 2015 E9 Trade commitments WI19 Republic of Korea Special Work Instructions WI19.1 Objective WI19.5 Generic Requirements WI19.10 Occupations list New special work instructions are being added for the Republic of Korea which will allow qualified and/or experienced Korean nationals to be granted work visas for up to three years in certain occupations. WI18.5 Requirements WI18.15 Qualifying","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-korea-working-holiday-employer-limit-20151220","countryCode":"NZ","country":"New Zealand","title":"Korea Working Holiday Scheme three-month limit with one employer removed","policyEffect":"Effective December 20, 2015, the Korea Working Holiday Scheme removed its restriction on working for the same employer for more than three months. This records the employment-condition change separately from the increase in annual places.","operativeDate":"2015-12-20","year":2015,"affectedGroup":"Republic of korea citizens working under the korea working holiday scheme","materialConditionsAndExceptions":"Validated condition or limit: Effective December 20, 2015, the Korea Working Holiday Scheme removed its restriction on working for the same employer for more than three months.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendmentcircular201511.pdf","preciseCitation":"Amendment Circular 2015/11; WI2.85","evidencePassage":"countries WI18.20 Conditions of work visa Republic of Korea has been added to the qualifying countries under the Primary Sector Trainees instructions, allowing up to 50 Korean nationals to be granted a work visa to undertake vocational programmes of study and work placements. WI2.85 Korea Working Holiday Scheme The number of available places has been increased from 1,800 to 3,000 each year. The restriction on working for the same employer for no more than three months has been removed. 2 APPENDIX 1: AMENDED IMMIGRATION INSTRUCTIONS EFFECTIVE ON AND AFTER 20 DECEMBER 2015 3 E9 Trade commitment … 11 Thai chefs  WI12 China Special Work Instructions  WI13 China Skilled Workers Instructions  WI14 Philippines Special Work Instructions  WI15 Vietnam Special Work Instructions  WI17 Indonesia Special Work Instructions  WI18 Primary sector trainees  WI19 Korea Special Work Instructions 4 WI2.85 Korea Working Holiday Scheme a. This scheme is available to 3000 young citizens of the Republic of Korea annually. b. To be eligible for a work visa under this scheme, applicants must: i. be citizens of the Republic of Korea; and ii. have a minimum of NZ$4,200 available funds for their maintenanc … 11 December 2015 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2015/11 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments and operate in accordance with the amended instructions on and after 20 December 2015. Note The amendments described in this circular will be published in the Immigration New Zealand Operational Manual in due course. An","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-korea-primary-trainees-20151220","countryCode":"NZ","country":"New Zealand","title":"Republic of Korea added to the Primary Sector Trainees route with 50 places","policyEffect":"From December 20, 2015, the Republic of Korea became a qualifying country under the Primary Sector Trainees instructions, with 50 places. Eligible government-funded or supported trainees could receive a visa for up to 12 months, including at least 12 weeks of study followed by a related work placement of up to nine months, subject to the route’s study, placement, insurance and general eligibility requirements.","operativeDate":"2015-12-20","year":2015,"affectedGroup":"Eligible government-funded or supported primary-sector trainees from the republic of korea","materialConditionsAndExceptions":"Validated condition or limit: Eligible government-funded or supported trainees could receive a visa for up to 12 months, including at least 12 weeks of study followed by a related work placement of up to nine months, subject to the route’s study, placement, insurance and general eligibility requirements.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendmentcircular201511.pdf","preciseCitation":"Amendment Circular 2015/11; WI18","evidencePassage":"countries WI18.20 Conditions of work visa Republic of Korea has been added to the qualifying countries under the Primary Sector Trainees instructions, allowing up to 50 Korean nationals to be granted a work visa to undertake vocational programmes of study and work placements. WI2.85 Korea Working Holiday Scheme The number of available places has been increased from 1,800 to 3,000 each year. The restriction on working for the same employer for no more than three months has been removed. 2 APPENDIX 1: AMENDED IMMIGRATION INSTRUCTIONS EFFECTIVE ON AND AFTER 20 DECEMBER 2015 3 E9 Trade commitment … work and multiple entry to New Zealand for 12 months. d. Applicants under this scheme must lodge their application in the prescribed manner (E4.50). 5 WI18.5 Requirements a. A work visa may be granted to a primary sector trainee to undertake vocational programmes of study and subsequent work placements, provided that: i. the applicant is funded or supported by the government of a qualifying country (WI18.15); ii. there is a place available under that country’s quota for primary sector trainees; iii. the study requirements are met; iv. the work placement requirements are met; v. the applicant … agrees to hold medical and comprehensive hospitalisation insurance that will remain current throughout their stay in New Zealand; vi. the applicant meets health and character requirements set out in A4 and A5; and vii. the applicant meets the requirements for bona fide applicants set out in E5. b. Trainees will not be granted a further work visa in New Zealand for two years following the expiry of their work visa under these instructions. WI18.5.1 Requirements for study a. Trainees must study in New Zealand for a minimum of 12 weeks before they can undertake a work placement. b. The study must … be undertaken at a high quality education provider (universities or education providers assessed as Category One by the New Zealand Qualifications Authority under the External Evaluation Review quality assurance system). WI18.5.5 Requirements for work placements a. Trainees may undertake work placements related to their study up to a maximum of nine months’ duration. b. The education provider with whom study was undertaken is responsible for: i. arranging, monitoring and maintaining records of all work placements, and ii. arranging suitable alternative work placements should they be required, … and iii. notifying Immigration New Zealand should any breach of visa conditions or the employment agreement occur. c. Trainees must have employment agreements that comply with all relevant New Zealand employment law and be paid at least the New Zealand minimum statutory hourly wage. d. No work placements can be undertaken in the forestry sector. e. If an immigration officer is not satisfied an education provider is able to meet its work placement responsibilities, work visa applications may be declined under these instructions. 6 WI18.15 Qualifying countries Qualifying countries Number of ava … ilable places Chile 60 Republic of Korea 50 7 WI18.20 Conditions of work visa Successful applicants will be granted a work visa and entry permission with the following conditions: a. the work visa will be valid for multiple entries to New Zealand for a maximum of 12 months; and b. the work visa will allow study at a specified education provider; and c. the work visa will only allow a maximum of nine months’ work for a primary sector employer. Note: These instructions reflect New Zealand's international trade commitments (see E9). 8 WI19 Republic of Korea Special Work Instructions 9 WI19.1 Obje … 11 December 2015 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2015/11 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments and operate in accordance with the amended instructions on and after 20 December 2015. Note The amendments described in this circular will be published in the Immigration New Zealand Operational Manual in due course. An","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-korea-special-work-20151220","countryCode":"NZ","country":"New Zealand","title":"Special work route introduced for qualifying Korean citizens in specified occupations","policyEffect":"From December 20, 2015, the new Republic of Korea Special Work Instructions allowed qualifying Korean citizens with a full-time New Zealand job offer in a listed occupation to obtain an employer- and occupation-specific work visa for up to three years, depending on the job offer. Applicants had to meet the occupation-specific and general eligibility requirements, normally be resident in Korea when applying, and did not require a labour market check. The instructions limited visa holders to 50 per listed occupation and 200 in total at any one time.","operativeDate":"2015-12-20","year":2015,"affectedGroup":"Qualifying republic of korea citizens with full-time job offers in the wi19 occupations","materialConditionsAndExceptions":"Validated condition or limit: From December 20, 2015, the new Republic of Korea Special Work Instructions allowed qualifying Korean citizens with a full-time New Zealand job offer in a listed occupation to obtain an employer- and occupation-specific work visa for up to three years, depending on the job offer.; Applicants had to meet the occupation-specific and general eligibility requirements, normally be resident in Korea when applying, and did not require a labour market check.; The instructions limited visa holders to 50 per listed occupation and 200 in total at any one time.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendmentcircular201511.pdf","preciseCitation":"Amendment Circular 2015/11; WI19","evidencePassage":"y enquiries about these amendments should be directed to the Immigration Contact Centre on 0508 558 855 or 09 914 4100 (Auckland only). Changes to temporary entry instructions effective on and after 20 December 2015 E9 Trade commitments WI19 Republic of Korea Special Work Instructions WI19.1 Objective WI19.5 Generic Requirements WI19.10 Occupations list New special work instructions are being added for the Republic of Korea which will allow qualified and/or experienced Korean nationals to be granted work visas for up to three years in certain occupations. WI18.5 Requirements WI18.15 Qualifying … agrees to hold medical and comprehensive hospitalisation insurance that will remain current throughout their stay in New Zealand; vi. the applicant meets health and character requirements set out in A4 and A5; and vii. the applicant meets the requirements for bona fide applicants set out in E5. b. Trainees will not be granted a further work visa in New Zealand for two years following the expiry of their work visa under these instructions. WI18.5.1 Requirements for study a. Trainees must study in New Zealand for a minimum of 12 weeks before they can undertake a work placement. b. The study must … ctive These instructions allow a limited number of citizens of the Republic of Korea who are qualified and/or experienced in certain occupations, and who hold a full-time New Zealand job offer in that occupation, to be granted a work visa and entry permission. 10 WI19.5 Generic Requirements a. To be granted a work visa under these instructions, applicants must: i. provide a completed work visa application form, fee and immigration levy; and ii. have a full-time New Zealand job offer in one of the occupations listed in WI19.10, which meets the requirements set out in W2.10; and iii. meet the sp … ecific requirements relating to registration, qualifications and/or experience for their occupation as set out in WI19.10; and iv. meet health and character requirements set out in A4 and A5; and v. meet the requirements for bona fide applicants set out in E5; and vi. be ordinarily and actually resident in the Republic of Korea at the time of application unless WI19.5(d) below applies. b. A labour market check is not required. c. Successful applicants will be granted a work visa and entry permission with the following conditions: i. first entry to New Zealand must be made within six months; an … d ii. the work visa will be valid for multiple entries to New Zealand for a maximum of three years, depending on the length of their job offer. d. If the initial visa is valid for less than three years, a further visa may be granted for the balance of the three-year period, as long as the applicant still meets all the requirements of these instructions. e. Work visas granted under these instructions must be endorsed with conditions that allow work only for a specified employer in a specified occupation. f. On completion of the three-year period, applicants must remain outside New Zealand for t … hree years before applying for a further visa under these instructions. Note: These instructions reflect New Zealand's international trade commitments (see E9). 11 WI19.10 Occupations list a. To be granted a work visa under these instructions, citizens of the Republic of Korea must have a full-time New Zealand job offer in one of the occupations listed below and meet the requirements for the relevant occupation. b. At any one time, the number of citizens from the Republic of Korea granted a work visa under these instructions must not: i. exceed 50 in respect of any of the occupations listed be … low; and ii. exceed 200 in total. Occupation Requirements Biomedical Engineer One of the following qualifications:  Relevant Washington Accord accredited undergraduate engineering degree  Bachelor of Engineering or equivalent Food Technologist Bachelor of Food Science or equivalent and a minimum of three years’ relevant post-qualification work experience in the industry Forest Scientist Bachelor of Forestry Science or equivalent Korean Language Instructor Certificate of Korean Language Teaching issued by the Minister of Culture, Sports and Tourism Korean Tour Guide Valid Tour Guide Licence i … ssued by and registered with either the Korea Tourism Organization or the Korea Tourism Association (entrusted by the Minister of Culture, Sports and Tourism) Multimedia Designer (Film Minimum three years’ specialist work experience in film animation Animator) Taekwondo Instructor Taekwondo Grade 4 and above certificate recognised by Kukkiwon (World Taekwondo Headquarters) Traditional Korean Medicine Korean Medicine Doctor license issued by the Minister of Health and Welfare Doctor Software Engineer Bachelor of Engineering or equivalent Veterinarian Bachelor of Veterinary Science or equivalent … 11 December 2015 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2015/11 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments and operate in accordance with the amended instructions on and after 20 December 2015. Note The amendments described in this circular will be published in the Immigration New Zealand Operational Manual in due course. An","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-pathway-english-duration-20160204","countryCode":"NZ","country":"New Zealand","title":"Pathway English-course 16-week limit narrowed to specified applicants","policyEffect":"Instructions effective February 4, 2016 limited the requirement to complete the initial English-language programme within 16 weeks to first-time Pathway Student Visa students who had submitted the English test required by U14.5.1(c): applicants from countries with a student-visa decline rate greater than 20 percent on an English-to-NZQF-level-5–8 pathway. The corresponding breach provision was narrowed to that group. The separate requirement to begin a subsequent pathway programme within 16 weeks of completing the earlier programme remained.","operativeDate":"2016-02-04","year":2016,"affectedGroup":"Pathway student visa holders beginning with an english-language programme","materialConditionsAndExceptions":"Validated condition or limit: Instructions effective February 4, 2016 limited the requirement to complete the initial English-language programme within 16 weeks to first-time Pathway Student Visa students who had submitted the English test required by U14.5.1(c): applicants from countries with a student-visa decline rate greater than 20 percent on an English-to-NZQF-level-5–8 pathway.; The separate requirement to begin a subsequent pathway programme within 16 weeks of completing the earlier programme remained.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendmentcircular201601.pdf","preciseCitation":"Amendment Circular 2016-01","evidencePassage":"o 7 on the New Zealand Qualifications Framework no longer need to submit an International English Language Testing System (IELTS) test (or equivalent), unless they are from a country that has a decline rate of more than 20 per cent for student visa applications. The annual decline rates for all countries are published on the Immigration New Zealand website. The 16 week course length restriction for English language courses will also only apply to first time pathway student visa students from countries with a student visa application decline rate that is greater than 20 per cent. The range of p … ess on the pathway by: i. meeting the conditional pre-requisites for enrolment into a second or subsequent programme of study (E3.20(d); and ii. commencing the second or subsequent programme of study on a pathway within a 16 week period of completing an earlier programme of study. g. Where a first time student has submitted an IELTS test (or equivalent) as set out at U14.5.1 (c) and been granted a pathway student visa to undertake an English language programme of study culminating in a qualification at Levels 5 to 8 on the New Zealand Qualifications Framework, the English Language programme of … study must be completed within a 16 week period. U14.15 Changing and complying with pathway student visa conditions See also Immigration Act 2009 ss 49, 52, 56 a. If a student holding a pathway student visa wishes to move to a different education provider or lower level programme of study than those specified in their visa conditions, they must apply for a new student visa and meet the requirements set out at U3.40. b. A variation of conditions, for the purpose of changing a programme of study at the same education provider will only be granted if an immigration officer is satisfied that: i. … any scholarship continues. U14.15.5 Breaching visa conditions a. A student on an pathway student visa will be considered to be in breach of visa conditions where: i. they fail to meet conditional pre-requisites for enrolment into a second or subsequent programme of study (E3.20(d); or ii. the time between the completion of one programme of study and the start of a second or subsequent programme of study on a pathway exceeds 16 weeks; or iii. they have submitted an IELTS test (or equivalent) as set out at U14.5.1 (c) and their intended pathway is an English language programme of study culminati … e course. Any enquiries about these amendments should be directed to the Immigration Contact Centre on 0508 558 855 or 09 914 4100 (Auckland only). Changes to temporary instructions effective on and after 4 February 2016 U14.5 Requirements to be granted a pathway student visa U14.10 Currency and conditions of pathway student visas U14.15 Changing and complying with pathway student visa conditions U14.20 Provider requirements First time pathway student visa applicants seeking to undertake a study pathway that begins with an English language course and leads to a programme of study at levels 5 t … out in U3.20 for the first year of study on the intended pathway have been met and satisfy an immigration officer that they have the ability to fund any remaining balance of the first programme of study and subsequent programmes of study on the intended pathway. b. Despite (a)(ii), second and subsequent offers of place for a pathway can be conditional on meeting pre- requisite programme of study entry criteria. c. First time pathway student visa applicants from a country with a student visa decline rate of more than 20 per cent who intend a study pathway commencing with an English language pro … gramme of study and culminating in a qualification at Levels 5 to 8 on the New Zealand Qualifications Framework must: i. submit an International English Language Testing System test (IELTS) (or equivalent internationally recognised test) at the time of application; and ii. demonstrate that they only require an improvement of 0.5 of an IELTS overall band score (or equivalent) to meet the English language prerequisite for entry into the intended level 5 to 8 programme of study. Note: The student visa decline rate for a country is based on statistics, generated over a calendar year (12 months), b … 4 February 2016 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2016/01 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments in Appendix 1 and operate in accordance with the amended instructions on and after 4 February 2016. Note The amendments described in this circular will be published in the Immigration New Zealand Operational Manual in du … rogrammes that require an applicant to provide an IELTS (or equivalent) test have also been increased from levels 5 - 7 to levels 5 - 8. WH1.1 Objectives and overview – RSE Instructions WH1.1.15 Annual limit to number of visas available under RSE instructions The annual Recognised Seasonal Employer visa cap has been increased from 9,000 to 9,500. APPENDIX 1: AMENDED IMMIGRATION INSTRUCTIONS EFFECTIVE ON AND AFTER 4 FEBRUARY 2016 U14.5 Requirements to be granted a pathway student visa To be granted a pathway student visa, an applicant must: a. be offered an eligible study pathway from a qualify","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-pathway-english-test-20160204","countryCode":"NZ","country":"New Zealand","title":"Pathway Student Visa English-test requirement narrowed by country decline rate","policyEffect":"Instructions effective February 4, 2016 limited the specific initial English-test requirement to first-time Pathway Student Visa applicants from countries with a student-visa decline rate greater than 20 percent whose pathway began with English study and culminated in an NZQF level 5–8 qualification. These applicants had to submit IELTS or an accepted equivalent and show they needed an improvement of no more than 0.5 IELTS overall band to meet the subsequent programme prerequisite. The rule previously covered pathways to levels 5–7 without that country-rate limitation. Other student-visa and programme-entry requirements remained applicable.","operativeDate":"2016-02-04","year":2016,"affectedGroup":"First-time pathway student visa applicants beginning with english study","materialConditionsAndExceptions":"Validated condition or limit: Instructions effective February 4, 2016 limited the specific initial English-test requirement to first-time Pathway Student Visa applicants from countries with a student-visa decline rate greater than 20 percent whose pathway began with English study and culminated in an NZQF level 5–8 qualification.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendmentcircular201601.pdf","preciseCitation":"Amendment Circular 2016-01","evidencePassage":"e course. Any enquiries about these amendments should be directed to the Immigration Contact Centre on 0508 558 855 or 09 914 4100 (Auckland only). Changes to temporary instructions effective on and after 4 February 2016 U14.5 Requirements to be granted a pathway student visa U14.10 Currency and conditions of pathway student visas U14.15 Changing and complying with pathway student visa conditions U14.20 Provider requirements First time pathway student visa applicants seeking to undertake a study pathway that begins with an English language course and leads to a programme of study at levels 5 t … o 7 on the New Zealand Qualifications Framework no longer need to submit an International English Language Testing System (IELTS) test (or equivalent), unless they are from a country that has a decline rate of more than 20 per cent for student visa applications. The annual decline rates for all countries are published on the Immigration New Zealand website. The 16 week course length restriction for English language courses will also only apply to first time pathway student visa students from countries with a student visa application decline rate that is greater than 20 per cent. The range of p … rogrammes that require an applicant to provide an IELTS (or equivalent) test have also been increased from levels 5 - 7 to levels 5 - 8. WH1.1 Objectives and overview – RSE Instructions WH1.1.15 Annual limit to number of visas available under RSE instructions The annual Recognised Seasonal Employer visa cap has been increased from 9,000 to 9,500. APPENDIX 1: AMENDED IMMIGRATION INSTRUCTIONS EFFECTIVE ON AND AFTER 4 FEBRUARY 2016 U14.5 Requirements to be granted a pathway student visa To be granted a pathway student visa, an applicant must: a. be offered an eligible study pathway from a qualify … out in U3.20 for the first year of study on the intended pathway have been met and satisfy an immigration officer that they have the ability to fund any remaining balance of the first programme of study and subsequent programmes of study on the intended pathway. b. Despite (a)(ii), second and subsequent offers of place for a pathway can be conditional on meeting pre- requisite programme of study entry criteria. c. First time pathway student visa applicants from a country with a student visa decline rate of more than 20 per cent who intend a study pathway commencing with an English language pro … gramme of study and culminating in a qualification at Levels 5 to 8 on the New Zealand Qualifications Framework must: i. submit an International English Language Testing System test (IELTS) (or equivalent internationally recognised test) at the time of application; and ii. demonstrate that they only require an improvement of 0.5 of an IELTS overall band score (or equivalent) to meet the English language prerequisite for entry into the intended level 5 to 8 programme of study. Note: The student visa decline rate for a country is based on statistics, generated over a calendar year (12 months), b … 4 February 2016 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2016/01 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments in Appendix 1 and operate in accordance with the amended instructions on and after 4 February 2016. Note The amendments described in this circular will be published in the Immigration New Zealand Operational Manual in du","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-92d157a4b00a28d1ae34","countryCode":"NZ","country":"New Zealand","title":"Capped Family allocation set at 4,000 places for the two-year residence programme","policyEffect":"Instructions effective October 12, 2016 allocated 4,000 Capped Family approval places within the New Zealand Residence Programme for July 1, 2016 to June 30, 2018. This covered Parent, Sibling and Adult Child applications lodged on or before May 16, 2012, and Parent Category applications lodged after that date. The circular described this as a reduction to 2,000 places per year. The separate suspension of Parent Category EOI selections is represented by its existing record and is not counted again here.","operativeDate":"2016-10-12","year":2016,"affectedGroup":"Applicants within the capped family allocation","materialConditionsAndExceptions":"Validated condition or limit: Instructions effective October 12, 2016 allocated 4,000 Capped Family approval places within the New Zealand Residence Programme for July 1, 2016 to June 30, 2018.; This covered Parent, Sibling and Adult Child applications lodged on or before May 16, 2012, and Parent Category applications lodged after that date.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2016-06.pdf","preciseCitation":"Amendment Circular 2016/06; operative Appendix 1","evidencePassage":"n amendment to these instructions. c. The NZRP for the two year period is 85,000 to 95,000 approved places. Note: Permanent resident visas granted to holders of resident visas or second or subsequent resident visas granted to former holders of resident visas are not counted towards the NZRP. 6 R6.5 Allocation of places within the New Zealand Residence Programme a. There are three streams within the New Zealand Residence Programme (NZRP): i. The Skilled/Business stream; ii. The Family stream; iii. The International/Humanitarian stream. b. The Government may, from time to time, reallocate places … for approvals within the three streams and/or add places to the three streams. c. The allocation of places for each stream across the two-year NZRP period is as follows: i. The Skilled/Business stream is allocated approximately 50,500 to 57,500 places. ii. The Family stream is allocated approximately 27,000 to 29,000 places. iii. The International/Humanitarian stream is allocated approximately 7,500 to 8,500 places. d. For the places available under the Family stream, 4,000 places in total are available for approvals under the Capped Family categories. e. These places for Capped Family catego … ry approvals include places for approvals under the Parent, Sibling and Adult Child categories for applications lodged on or before 16 May 2012 and approvals under the Parent Category for applications lodged after 16 May 2012. 7 SM2 Overview of Skilled Migrant Category a. A person who is interested in applying for a resident visa under the Skilled Migrant Category must complete an Expression of Interest (EOI) form in the prescribed manner. b. EOIs which meet prerequisites for health, character, English language and age, and have a point score of 100 or more points are entered into the Pool of … 11 October 2016 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2016/06 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments in Appendix 1 and operate in accordance with the amended instructions on and after 12 October 2016. Note The amendments described in this circular will be published in the Immigration New Zealand Operational on 12 Octobe … apply to the Parent Category, instead of referring to SMC provisions. This does not represent a change to Parent Category English language requirements. 4 APPENDIX 1: AMENDED IMMIGRATION INSTRUCTIONS EFFECTIVE ON AND AFTER 12 OCTOBER 2016 5 R6.1 New Zealand Residence Programme a. The New Zealand Residence Programme (NZRP) consists of all persons approved for residence class visas in the two years beginning 1 July 2016 and ending 30 June 2018. b. The NZRP is set for the duration of the two year period, unless a review is directed by the Minister of Immigration. Any changes will be advised by a","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-347e920e42fb22b3f696","countryCode":"NZ","country":"New Zealand","title":"Immigration New Zealand Operational Manual","policyEffect":"Immigration New Zealand updated its operational manual to suspend selections of Expressions of Interest for the Parent Category resident visa.","operativeDate":"2016-10-12","year":2016,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/opsmanual/46715.htm","preciseCitation":"immigration.govt.nz. Immigration New Zealand Operational Manual.","evidencePassage":"requirements of the New Zealand Residence Programme (NZRP) at the time of selection (subject to any adjustment to the number or distribution of places in the NZRP determined by the Government) (see R6). EOIs are selected from the Pool periodically on the Government's behalf by the Ministry of Business, Innovation and Employment. Despite F4.10.15 (a) above, with effect from 12 October 2016, no selections will be made from the Pool. F4.10.20 Invitation to apply for a resident visa under the Parent Category People whose EOIs have been selected from the Pool may be issued an invitation to apply for","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-f98eb27e5f62044ab258","countryCode":"NZ","country":"New Zealand","title":"Skilled Migrant automatic EOI selection threshold set at 160 points","policyEffect":"Instructions effective October 12, 2016 set automatic selection from the Skilled Migrant Category Expression of Interest pool at 160 points. The previous route for selecting EOIs with more than 100 but fewer than 140 points and New Zealand employment was removed. Entry to the pool still required at least 100 points and the health, character, English-language and age prerequisites. Selection did not guarantee an invitation to apply or residence. The Minister could adjust the automatic-selection mark by certifying amended residence instructions.","operativeDate":"2016-10-12","year":2016,"affectedGroup":"Skilled migrant category expression of interest applicants","materialConditionsAndExceptions":"Validated condition or limit: Entry to the pool still required at least 100 points and the health, character, English-language and age prerequisites.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2016-06.pdf","preciseCitation":"Amendment Circular 2016/06; operative Appendix 1","evidencePassage":"to 2,000 per year. F4.10.15 Selection of Expressions of Interest From 12 October 2016, no further selections will be made from the Parent Category Pool. F4.10.5 has been amended to advise that selections will cease from that date. SM2 Overview of Skilled Migrant Category SM3.15 Selection of Expressions of Interest SM3.25 Invitation to apply for a resident visa under the Skilled Migrant Category SM4.5 Approval of applications under the Skilled Migrant Category SM4.15 Employability and capacity building requirements Amendments have been made to SM2 and SM3.15 to raise the automatic selection mar … k for Expressions of Interest (EOIs) to be drawn from the Skilled Migrant Category (SMC) Pool to 160 points. Provision SM2(e)(ii) and SM3.15(c)(ii) allowing for selection of EOIs that have total points of more than 100 and less than 140 with points, where the submitter also has employment in New Zealand, have been removed. Provisions at SM3.15(d) and SM3.15.1 Additional selection criteria have also been removed, as these additional selection criteria expired on 31 August this year and are not currently required to meet the New Zealand Residence Programme. As the additional selection criteria h … ave been removed, consequential amendments have been made to SM2(m)(iii), SM3.25(a)(ii), SM4.5(b) and (c), and SM4.15(a) to remove references to the additional selection criteria. New provisions have been inserted at SM2(f) and SM3.15(d) to allow for the adjustment of the automatic selection mark where this is necessary to meet the requirements of the New Zealand Residence Programme. References to selections being made ‘periodically’ have been removed from both SM2(d) and SM3.15(b). 2 SM5.5 Minimum standard of English language for principal applicants SM5.5.1 Transitional provisions for princi … ry approvals include places for approvals under the Parent, Sibling and Adult Child categories for applications lodged on or before 16 May 2012 and approvals under the Parent Category for applications lodged after 16 May 2012. 7 SM2 Overview of Skilled Migrant Category a. A person who is interested in applying for a resident visa under the Skilled Migrant Category must complete an Expression of Interest (EOI) form in the prescribed manner. b. EOIs which meet prerequisites for health, character, English language and age, and have a point score of 100 or more points are entered into the Pool of … 11 October 2016 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2016/06 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments in Appendix 1 and operate in accordance with the amended instructions on and after 12 October 2016. Note The amendments described in this circular will be published in the Immigration New Zealand Operational on 12 Octobe … r 2016. Any enquiries about these amendments should be directed to the Immigration Contact Centre on 0508 558 855 or 09 914 4100 (Auckland only). Changes to residence instructions effective on and after 12 October 2016 R6.1 New Zealand Residence Programme R6.5 Allocation of places within the New Zealand Residence Programme These provisions have been amended to give effect to the New Zealand Residence Programme (NZRP) for the 2016/17 to 2017/18 years. The planning range of the NZRP for this two-year period is 85,000 to 95,000 and includes a reduction in the cap for the Capped Family categories","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-smc-english-evidence-20161012","countryCode":"NZ","country":"New Zealand","title":"Skilled Migrant English-language evidence alternatives tightened","policyEffect":"From October 12, 2016, Skilled Migrant English-evidence alternatives were restricted to specified citizenship and qualification routes. Citizenship of Canada, Ireland, the UK or the US required at least five years of work or education in those countries, Australia or New Zealand. A recognised level-7 bachelor-equivalent qualification required at least two academic years of study in those six countries; a recognised level-8-or-higher qualification required at least one academic year. Officers could still require IELTS: at least 6.5 overall for principal applicants and 5 for relevant non-principal applicants, with results no more than two years old when the application was lodged. Relevant partners and dependent children aged 16 or older could instead pre-purchase ESOL, except where the higher partner-points requirements applied. Specified earlier evidence remained available case by case for applications invited on or before October 11. The Parent Category English standards were unchanged.","operativeDate":"2016-10-12","year":2016,"affectedGroup":"Skilled migrant principal applicants and relevant accompanying partners and dependent children","materialConditionsAndExceptions":"Validated condition or limit: Citizenship of Canada, Ireland, the UK or the US required at least five years of work or education in those countries, Australia or New Zealand.; A recognised level-7 bachelor-equivalent qualification required at least two academic years of study in those six countries; a recognised level-8-or-higher qualification required at least one academic year.; Officers could still require IELTS: at least 6.5 overall for principal applicants and 5 for relevant non-principal applicants, with results no more than two years old when the application was lodged.; Relevant partners and dependent children aged 16 or older could instead pre-purchase ESOL, except where the higher partner-points requirements applied.; Specified earlier evidence remained available case by case for applications invited on or before October 11.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2016-06.pdf","preciseCitation":"Amendment Circular 2016/06; operative Appendix 1","evidencePassage":"pal applicants invited to apply on or before 11 October 2016 SM5.10 English language requirements for non-principal applicants SM5.10.1 Transitional provisions for non-principal applicants included in applications for which the invitation to apply was issued on or before 11 October 2016 Instructions for SMC applicants at SM5.5 Minimum standard of English for principal applicants and SM5.10 English language requirements for non-principal applicants have been amended to give effect to new English language requirements. Under the new English language requirements, evidence of English language tha … t will be accepted in place of an English language test includes:  citizenship of Canada, the Republic of Ireland, the United Kingdom (U) or the United States of America (USA), provided the applicant has spent at least five years in work or education in one or more of those countries or Australia or New Zealand  a recognised qualification comparable to a New Zealand level 7 bachelor’s degree, gained in Australia, Canada, New Zealand, the Republic of Ireland, the UK or the USA as a result of study undertaken for at least two academic years in one or more of those countries, or  a recognised … qualification comparable to a New Zealand qualification at level 8 or above, gained in Australia, Canada, New Zealand, the Republic of Ireland, the UK or the USA as a result of study undertaken for at least one academic year in one or more of those countries. Instructions under which applicants can be considered to have an English-speaking background if they have been lawfully employed full-time in an occupation in New Zealand for a minimum of 12 months, that allow for a wide range of qualifications undertaken in English to be considered as evidence of meeting English language requirements, an … d that provide for immigration officers to otherwise be satisfied through other evidence that an applicant is a competent user of English have been removed. Transitional provisions have been inserted to allow applicants invited to apply on or before 11 October 2016 to also meet the minimum English language requirements in place at the time they were invited to apply. Cross references to SM5.5 have been amended in SM5.15 and SM17.5 as necessitated by these transitional provisions. F4.10 Expressions of interest and applications under the Parent Category F4.10.15 has been amended to state that, d … an IELTS certificate in terms of paragraph SM5.5 (b). In such cases, the IELTS certificate will be used to determine whether the principal applicant meets the minimum standard of English. 14 Note: Full consideration must be given to all evidence of English language ability provided before a decision to request an IELTS certificate under SM5.5.1(d) is made. If an IELTS certificate is requested the reason(s) behind the decision must be clearly documented and conveyed to the applicant. 15 SM5.10 English language requirements for non-principal applicants a. Unless SM5.15 applies, partners and dep … endent children aged 16 and older, who are included in Skilled Migrant Category applications, must: i. show that they meet a minimum standard of English to enable successful settlement in New Zealand; or ii. pre-purchase ESOL training. b. Non-principal applicants meet the minimum standard of English if they provide a Test Report Form (no more than 2 years old at the time the application is lodged) from IELTS, showing they achieved an overall band score of at least 5 in the IELTS General or Academic Module. c. Other evidence that a non-principal applicant meets the minimum standard of English i … 11 October 2016 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2016/06 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments in Appendix 1 and operate in accordance with the amended instructions on and after 12 October 2016. Note The amendments described in this circular will be published in the Immigration New Zealand Operational on 12 Octobe … r 2016. Any enquiries about these amendments should be directed to the Immigration Contact Centre on 0508 558 855 or 09 914 4100 (Auckland only). Changes to residence instructions effective on and after 12 October 2016 R6.1 New Zealand Residence Programme R6.5 Allocation of places within the New Zealand Residence Programme These provisions have been amended to give effect to the New Zealand Residence Programme (NZRP) for the 2016/17 to 2017/18 years. The planning range of the NZRP for this two-year period is 85,000 to 95,000 and includes a reduction in the cap for the Capped Family categories","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-146051a83976701fc01c","countryCode":"NZ","country":"New Zealand","title":"Establishment of the Global Impact Visa (GIVs) Pilot Programme","policyEffect":"Establishes a four-year pilot programme capped at 400 visas offering a work-to-residence pathway for entrepreneurs, investors, and startup founders in partnership with the Edmund Hillary Fellowship. Successful candidates are eligible for a 36-month Global Impact Work Visa, leading to potential eligibility for a Global Impact Permanent Resident Visa after 30 months. Phase scope: Whole-pilot implementation effective 21 November 2016; candidate intake opened via partner fellowship cohorts from early 2017.","operativeDate":"2016-11-21","year":2016,"affectedGroup":"Entrepreneurs, investors, and startup founders","materialConditionsAndExceptions":"Validated condition or limit: Successful candidates are eligible for a 36-month Global Impact Work Visa, leading to potential eligibility for a Global Impact Permanent Resident Visa after 30 months.","policyCategory":"Labour migration","policyTool":"New visa category","sourceName":"Immigration New Zealand Operational Manual","sourceUrl":"https://immigration.govt.nz/opsmanual/76969.htm","preciseCitation":"Immigration New Zealand Operational Manual, BG1.5 Overview (21/11/2016)","evidencePassage":"BG1.5 Overview (21/11/2016) BG1.5 Overview (21/11/2016) The Global Impact Visa pilot is a partnership between Immigration New Zealand and a private sector partner. Note: Immigration New Zealand has contracted the Edmund Hillary Fellowship (the provider) as the private sector partner for the duration of the pilot. The Global Impact Visa programme is operating as a pilot for four years between 2017 and 2021. During the four year pilot, up to 400 Global impact work visas may be granted. The Global Impact Visa programme operates in the following way: The provider identifies and selects candidates … who meet the objective of the programme. Selected candidates may apply for a Global Impact work visa with the support of the provider. Immigration New Zealand assesses applicants against immigration instructions and if all criteria are met, grants 36 month work visa to participate in the programme. The provider supports programme participants in innovation-based ventures in New Zealand during the 36 month work visa duration. After 30 months, programme participants may apply for a Global Impact permanent resident visa with the support of the provider. The Global Impact work visa is a work-to-residence visa and the Global Impact permanent resident visa is a residence-from-work visa. The provider will deliver and manage the programme, including: Attracting candidates from around the world. Identifying the best candidates for the programme. Integrating and supporting selected participants s into business, innovation and entrepreneurship ecosystems throughout New Zealand. Note: Selection as a candidate by the provider does not guarantee the grant of a visa. Immigration New Zealand is responsible for processing and making decisions on visas and may decline any application for a visa that … fails to meet all relevant immigration instructions. Effective 21/11/2016","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-south-africa-waiver-removal-20161121","countryCode":"NZ","country":"New Zealand","title":"South African citizenship-based visitor travel visa waiver removed","policyEffect":"From November 21, 2016, South Africa was removed from the citizenship-based visa-waiver list for travel to New Zealand. South African citizenship no longer provided that exemption from holding a visa permitting travel for a qualifying short visit. A person who qualified under another waiver category could still rely on that separate category.","operativeDate":"2016-11-21","year":2016,"affectedGroup":"South african citizens relying on the citizenship-based visitor travel waiver","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"New Zealand Legislation; Immigration New Zealand","sourceUrl":"https://classic.legislation.govt.nz/regulation/public/2016/0237/latest/whole.html","preciseCitation":"2016/237 regulations 2 and 4; E2.1 effective 21 November 2016","evidencePassage":"016/0237/latest/link.aspx?id=DLM3148100#DLM3148100) (the **principal regulations)**. ##### 4 Schedule 2 amended (1) In [Schedule 2](https://classic.legislation.govt.nz/regulation/public/2016/0237/latest/link.aspx?id=DLM3148162#DLM3148162), after item 8(32), insert: ##### (32A) Mauritius, Republic of: (2) In [Schedule 2](https://classic.legislation.govt.nz/regulation/public/2016/0237/latest/link.aspx?id=DLM3148162#DLM3148162), after item 8(43), insert: ##### (43A) Seychelles, Republic of: (3) In [Schedule 2](https://classic.legislation.govt.nz/regulation/public/2016/0237/latest/link.aspx?id=DLM … 3148162#DLM3148162), revoke item 8(47). ##### 5 Schedule 4 amended (1) In [Schedule 4](https://classic.legislation.govt.nz/regulation/public/2016/0237/latest/link.aspx?id=DLM3463818#DLM3463818), under the heading \"“*Temporary visa—visitor visa*”\", item relating to Temporary visa application—visitor visa (hard copy),— ##### (a) replace \"“151”\" with \"“170”\" in each place; and ##### (b) replace \"“116”\" with \"“135”\". (2) In [Schedule 4](https://classic.legislation.govt.nz/regulation/public/2016/0237/latest/link.aspx?id=DLM3463818#DLM3463818), under the heading \"“*Temporary visa—visitor visa*”\", it … gulation/public/2016/0237/latest/link.aspx?id=DLM3148162#DLM3148162) and [4](https://classic.legislation.govt.nz/regulation/public/2016/0237/latest/link.aspx?id=DLM3463818#DLM3463818) of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the **principal regulations**). Schedule 2 of the principal regulations identifies certain people for whom the requirement to obtain a transit visa, or to hold a visa permitting travel to New Zealand, is waived. The amendments to item 8 of Schedule 2 add citizens of the Republic of Mauritius and citizens of the Republic of Seychell … es, and delete citizens of the Republic of South Africa. Schedule 4 of the principal regulations sets out the fees for various matters. The amendments simplify the description of 2 of the matters, and adjust several fees. ### Regulatory impact statement The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 2 September 2015 to help inform the decisions taken by the Government relating to the fees content of this instrument. A copy of this regulatory impact statement can be found at— - http://www.mbie.govt.nz/publications-research/publications/immigration … [Schedule 2 amended](#DLM6970521) | | | | [5](#DLM6970522) | [Schedule 4 amended](#DLM6970522) | | | | | [Explanatory note](#DLM6970524) | | | | | [Administrative Information](#d56e320) | | | ## Regulations ##### 1 Title These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2016. ##### 2 Commencement These regulations come into force on 21 November 2016. ##### 3 Principal regulations These regulations amend the [Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010](https://classic.legislation.govt.nz/regulation/public/2","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-094babfd8db719cc8ed3","countryCode":"NZ","country":"New Zealand","title":"Visa waiver extended to citizens of Mauritius and Seychelles","policyEffect":"From November 21, 2016, citizens of Mauritius and Seychelles were added to the visa-waiver list for travel to New Zealand when seeking a visitor visa for no more than three months and not visiting for medical consultation or treatment. This waived the requirement to hold a visa permitting travel; it did not itself grant a visa or guarantee entry.","operativeDate":"2016-11-21","year":2016,"affectedGroup":"Citizens of mauritius and seychelles seeking qualifying short visits","materialConditionsAndExceptions":"Validated condition or limit: This waived the requirement to hold a visa permitting travel","policyCategory":"Migration policy","policyTool":"","sourceName":"New Zealand Legislation; Immigration New Zealand","sourceUrl":"https://classic.legislation.govt.nz/regulation/public/2016/0237/latest/whole.html","preciseCitation":"2016/237 regulations 2 and 4; E2.1 effective 21 November 2016","evidencePassage":"[Schedule 2 amended](#DLM6970521) | | | | [5](#DLM6970522) | [Schedule 4 amended](#DLM6970522) | | | | | [Explanatory note](#DLM6970524) | | | | | [Administrative Information](#d56e320) | | | ## Regulations ##### 1 Title These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2016. ##### 2 Commencement These regulations come into force on 21 November 2016. ##### 3 Principal regulations These regulations amend the [Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010](https://classic.legislation.govt.nz/regulation/public/2 … 016/0237/latest/link.aspx?id=DLM3148100#DLM3148100) (the **principal regulations)**. ##### 4 Schedule 2 amended (1) In [Schedule 2](https://classic.legislation.govt.nz/regulation/public/2016/0237/latest/link.aspx?id=DLM3148162#DLM3148162), after item 8(32), insert: ##### (32A) Mauritius, Republic of: (2) In [Schedule 2](https://classic.legislation.govt.nz/regulation/public/2016/0237/latest/link.aspx?id=DLM3148162#DLM3148162), after item 8(43), insert: ##### (43A) Seychelles, Republic of: (3) In [Schedule 2](https://classic.legislation.govt.nz/regulation/public/2016/0237/latest/link.aspx?id=DLM … gulation/public/2016/0237/latest/link.aspx?id=DLM3148162#DLM3148162) and [4](https://classic.legislation.govt.nz/regulation/public/2016/0237/latest/link.aspx?id=DLM3463818#DLM3463818) of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the **principal regulations**). Schedule 2 of the principal regulations identifies certain people for whom the requirement to obtain a transit visa, or to hold a visa permitting travel to New Zealand, is waived. The amendments to item 8 of Schedule 2 add citizens of the Republic of Mauritius and citizens of the Republic of Seychell … es, and delete citizens of the Republic of South Africa. Schedule 4 of the principal regulations sets out the fees for various matters. The amendments simplify the description of 2 of the matters, and adjust several fees. ### Regulatory impact statement The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 2 September 2015 to help inform the decisions taken by the Government relating to the fees content of this instrument. A copy of this regulatory impact statement can be found at— - http://www.mbie.govt.nz/publications-research/publications/immigration … ent for not more than three months; and any other class of persons specified in the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010; and citizens of the following countries, but only if the person concerned is seeking a visitor visa current for not more than three months and the purposes of the visit is not for medical consultation or treatment: Andorra Argentina Austria Bahrain Belgium Brazil Brunei Bulgaria Canada Chile Croatia Cyprus Czech Republic Denmark Estonia1 Finland France Germany Greece 2 Hong Kong 3 Hungary Iceland Ireland Israel Italy Japan Korea (South) … Kuwait Latvia 1 Liechtenstein Lithuania 1 Luxembourg Macau 4 Malaysia Malta Mauritius Mexico Monaco Netherlands Norway Oman Poland Portugal 5 Qatar Romania San Marino Saudi Arabia Seychelles Singapore Slovak Republic Slovenia Spain Sweden Switzerland Taiwan 6 United Arab Emirates United States of America 7 Uruguay Vatican City 1 Visa waiver does not apply to people travelling on alien's (non-citizen's) passports issued by these countries. 2 Greek passport holders whose passports were issued on and after 1 January 2006. (Greek passports issued before 1 January 2006 are not acceptable for trave","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-nzqa-student-status-20161209","countryCode":"NZ","country":"New Zealand","title":"Student visa provision introduced for qualifications delayed by NZQA intervention","policyEffect":"From December 9, 2016, students whose qualification could not be awarded because their education provider was under NZQA statutory intervention could receive a student visa for up to six months, with multiple-entry travel and work of up to 20 hours in any week. Applicants had to have submitted all assessment material, await NZQA confirmation, meet health and character requirements, provide the application and fee, and show at least NZ$1,250 per month for maintenance. Evidence of completed assessment submissions could come from NZQA if provider confirmation was unavailable. Visa conditions named the programme, provider and location when the provider continued operating; these could be omitted if it had ceased operating.","operativeDate":"2016-12-09","year":2016,"affectedGroup":"Students awaiting qualifications prevented by nzqa statutory intervention","materialConditionsAndExceptions":"Validated condition or limit: From December 9, 2016, students whose qualification could not be awarded because their education provider was under NZQA statutory intervention could receive a student visa for up to six months, with multiple-entry travel and work of up to 20 hours in any week.; Applicants had to have submitted all assessment material, await NZQA confirmation, meet health and character requirements, provide the application and fee, and show at least NZ$1,250 per month for maintenance.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2016-11.pdf","preciseCitation":"Amendment Circular 2016-11","evidencePassage":"e course. Any enquiries about these amendments should be directed to the Immigration Contact Centre on 0508 558 855 or 09 914 4100 (Auckland only). Changes to immigration instructions effective on and after 9 December 2016 NZQA Statutory Intervention processes U16 Students affected by New Zealand Qualifications Authority Compliance notification U16.1 Application and evidence U16.5 Currency and conditions A new provision has been added to student visa instructions to ensure students who have finished their study but have not been awarded their qualification as a result of a New Zealand Qualific … ations Authority statutory intervention process, are able to maintain lawful status along with the ability to work part-time and study if and when required. APPENDIX 1: AMENDED IMMIGRATION INSTRUCTIONS EFFECTIVE ON AND AFTER 9 DECEMBER 2016 U16 Students affected by New Zealand Qualifications Authority Compliance notification a. The intent of these instructions is to allow people whose education provider is subject to statutory intervention by the New Zealand Qualifications Authority (NZQA) to maintain their status as student visa holders while awaiting a determination of whether their qualific … ation can be awarded. b. Student visas may be granted under these instructions where the applicant: i. has submitted all required material for the assessment of their qualification; ii. is or has been enrolled at an education provider that is subject to statutory intervention by NZQA which prevents the awarding of their qualification; iii. is awaiting NZQA’s confirmation that their qualification can be awarded; and iv. meets health and character requirements as set out at A4 and A5. U16.1 Application and evidence a. Applicants must provide: i. a completed student visa application form and fee; … and ii. evidence that they have a minimum of $1,250 per month in funds available to maintain themselves during their intended stay in New Zealand; and iii. confirmation from their education provider that they have submitted all required material for the assessment of their qualification. b. If an applicant is unable to obtain confirmation from their education provider required for (a)(iii) (for example if the education provider has ceased to operate), confirmation from NZQA that they have submitted all required material for assessment can be provided instead. U16.5 Currency and conditions a. … Despite U13.15, a student visa holder may be granted under these instructions with conditions allowing work for up to 20 hours in any given week during the validity of the visa. b. Visas can be granted up to a maximum period of six months with multiple entry travel conditions. c. Where the education provider is continuing to operate the original programme of study, education provider and location must be specified on the visa. d. In the event the education provider has ceased to operate, the visa can be granted without a specified programme of study, education provider, or location. … 9 December 2016 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2016/11 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments in Appendix 1 and operate in accordance with the amended instructions on and after 9 December 2016. Note The amendments described in this circular will be published in the Immigration New Zealand Operational Manual in du","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-195e731b0606b48fc2fe","countryCode":"NZ","country":"New Zealand","title":"Application of Criminal Records (Clean Slate) Scheme to Character Checks for Supporting Partners in Partnership Category Applications","policyEffect":"Establishes that immigration officers assessing the character requirement for partners supporting Partnership Category applications must not request, require, or use information regarding a supporting partner's New Zealand convictions if covered by the Criminal Records (Clean Slate) Act 2004, unless the partner voluntarily discloses them. Phase scope: Operative from 8 May 2017 across all partnership residence category applications.","operativeDate":"2017-05-08","year":2017,"affectedGroup":"Family reunification","materialConditionsAndExceptions":"Validated condition or limit: Establishes that immigration officers assessing the character requirement for partners supporting Partnership Category applications must not request, require, or use information regarding a supporting partner's New Zealand convictions if covered by the Criminal Records (Clean Slate) Act 2004, unless the partner voluntarily discloses them.","policyCategory":"Residence","policyTool":"Adjudication rules","sourceName":"Immigration New Zealand Operational Manual","sourceUrl":"https://immigration.govt.nz/opsmanual/40512.htm","preciseCitation":"Immigration New Zealand Operational Manual, Residence Instructions, R5.95.10 (effective 08/05/2017)","evidencePassage":"Category applications is met When assessing whether the supporting partner meets the character requirements of R5.95(a), an immigration officer must be aware that a supporting partner’s New Zealand convictions may be covered by the Criminal Records (Clean Slate) Act 2004 (Clean Slate Scheme) and that, if so, the supporting partner is not required to declare those convictions. If Immigration New Zealand holds any information that the supporting partner has convictions, and those convictions are covered by the Clean Slate Scheme, this information cannot be used when assessing whether the supporting partner meets the character requirements of R5.95(a). Note: The information referred to in (b), above, includes any prior police certificates, any information INZ holds in its records (including its Application Management System), and any other information which may have been gathered from a public source. If a person’s convictions are covered by the Clean Slate Scheme, immigration officers cannot, under any circumstances, request or require that an individual disregard the effect of the Clean Slate Scheme when answering questions about his or her criminal record, or disregard the effect … of the Clean Slate Scheme and disclose, or give consent to the disclosure of, his or her criminal record. Doing so is an offence under the Criminal Records (Clean Slate) Act 2004. However, if the supporting partner voluntarily declares criminal convictions that are subject to the Clean Slate Scheme, this information can be used to assess whether the supporting partner meets the character requirements of R5.95(a). Effective 08/05/2017 PREVIOUS IMMIGRATION INSTRUCTIONS R5.95 Character requirement for partners supporting Partnership Category applications (23/12/2019) R5.95 Character requirement for","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-7de2a707162e8482526b","countryCode":"NZ","country":"New Zealand","title":"Introduction of the South Island Contribution Work Visa (WR7)","policyEffect":"Introduced the temporary work visa stage of the South Island Contribution pathway (WR7). Essential Skills work visa holders who had completed at least 5 years of full-time, lawful employment in the South Island between 22 May 2012 and 22 May 2017, were 55 years of age or younger, and met character and health requirements became eligible for a work-to-residence visa tied to employment in a specific South Island region and industry.","operativeDate":"2017-05-22","year":2017,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: Essential Skills work visa holders who had completed at least 5 years of full-time, lawful employment in the South Island between 22 May 2012 and 22 May 2017, were 55 years of age or younger, and met character and health requirements became eligible for a work-to-residence visa tied to employment in a specific South Island region and industry.","policyCategory":"Work authorization","policyTool":"New pathway","sourceName":"Immigration New Zealand Operational Manual","sourceUrl":"https://immigration.govt.nz/opsmanual/82387.htm","preciseCitation":"Immigration New Zealand Operational Manual, Instruction WR7.10 (effective 22/05/2017)","evidencePassage":"WR7.10 Requirements to be granted a South Island Contribution work visa (22/05/2017) WR7.10 Requirements to be granted a South Island Contribution work visa (22/05/2017) To be granted a visa under the South Island Contribution work instructions, an applicant must: hold an Essential Skills work visa at the time their application is made, which specifies as a condition employment to be undertaken at a location within the South Island; and be in full-time (see W2.2.10), lawful employment in the South Island; and have undertaken full-time, lawful employment in the South Island as the holder of an … Essential Skills work visa, or an interim visa, for five years between 22 May 2012 and 22 May 2017 (see WR7.10.1); and have acceptable ongoing employment, or an offer of acceptable employment, in the South Island (see WR7.10.5); and meet the health and character requirements for residence set out at A4 and A5; and meet the requirements for bona fide applicants set out at E5; and be 55 years of age or younger on the date their application is accepted for processing; and apply before 23 May 2018 (except where WR7.25 applies). WR7.10.1 Time working outside the South Island Time spent working in New … Appendix 10). WR7.10.10 Applicants who do not meet the requirements for the grant of a visa An immigration officer must consider granting a visa as an exception to instructions if an application does not meet the requirements for the grant of a South Island Contribution visa (see E7.10). In particular, an immigration officer should consider the objective of this visa category and the applicant’s circumstances if they fall marginally short of the five year requirement set out at WR7.10(c). Effective 22/05/2017","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-983a947b78ff284e33be","countryCode":"NZ","country":"New Zealand","title":"RW8 Residence instructions for holders of work visas granted under South Island Contribution work instructions","policyEffect":"Introduced a new residence class visa pathway for holders of work visas granted under the South Island Contribution work instructions, provided they have held the visa for at least 24 months and meet ongoing employment criteria.","operativeDate":"2017-05-22","year":2017,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: Introduced a new residence class visa pathway for holders of work visas granted under the South Island Contribution work instructions, provided they have held the visa for at least 24 months and meet ongoing employment criteria.","policyCategory":"Residence","policyTool":"New pathway","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/opsmanual/82365.htm","preciseCitation":"immigration.govt.nz. RW8 Residence instructions for holders of work visas granted under South Island Contribution work instructions.","evidencePassage":"RW8 Residence instructions for holders of work visas granted under South Island Contribution work instructions (22/05/2017) RW8 Residence instructions for holders of work visas granted under South Island Contribution work instructions (22/05/2017) Holders of visas granted under the South Island Contribution work instructions may be granted a residence class visa where: they have held a work visa granted under the South Island Contribution work instructions for a period of at least 24 months; and during the currency of that visa they have been employed: in a full-time role (at least 30 hours per … work visa; and has terms and conditions that are not less than the those of the New Zealand labour market; and is with an employer who has no significant adverse record with Immigration New Zealand or the Labour Inspectorate, and is not included on a list of non-compliant employers maintained by the Labour Inspectorate (see R5.110 and Appendix 10); and they hold full or provisional registration, if full or provisional registration is required to practice in the occupation in which they are employed; and they meet health and character requirements (see A4 and A5). Effective 22/05/2017 PREVIOUS","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-e01046dd90e19f12e1cf","countryCode":"NZ","country":"New Zealand","title":"Essential Skills Work Visa Remuneration Thresholds and Duration Adjustments","policyEffect":"Introduced a maximum cumulative stay of three years for lower-skilled or below-median-wage workers on Essential Skills Work Visas, requiring a 12-month stand-down period outside of New Zealand thereafter.","operativeDate":"2017-08-28","year":2017,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Introduced a maximum cumulative stay of three years for lower-skilled or below-median-wage workers on Essential Skills Work Visas, requiring a 12-month stand-down period outside of New Zealand thereafter.","policyCategory":"Work authorization","policyTool":"Eligibility","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/visas/essential-skills-work-visa","preciseCitation":"immigration.govt.nz. Essential Skills Work Visa Remuneration Thresholds and Duration Adjustments.","evidencePassage":"appropriate registration body that you are eligible for New Zealand registration. Check if you need occupational registration for your job Note You do not have to provide these if you are applying for an Essential Skills visa to work in the same full-time role you currently hold, with the same employer and in the same region, and you make a declaration in your visa application form (INZ 1266) that you hold the required registration. Stand-down period You must not currently need to spend time outside of New Zealand as part of a stand-down period. You cannot be granted a visa to do work paid below the … median wage if you are subject to a stand-down period. Note The stand-down period policy has been deferred until mid 2022. You may be subject to a stand-down period if you have spent 3 years working in lower-skilled or below median wage employment in New Zealand on an Essential Skills Work Visa. The only way to satisfy the stand-down requirement is to spend 12 consecutive months outside of New Zealand. Being subject to a stand-down period does not prevent you from being granted an Essential Skills Work Visa for work paid at or above the median wage, or any other kind of visa that you qualify for. Visas applied for before 28 August 2017 are not considered when calculating the time spent working in lower-skilled employment. How to pay and submit We cannot display any process or costs information until you have provided your country details. Enter your details so we can show information that is relevant to you. When you arrive Entry requirements As part of New Zealand’s entry requirements, everyone must complete a New Zealand Traveller Declaration (NZTD). This form collects information about your travel, including customs, immigration, and biosecurity details. When you can submit your","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-95635f5edfcd80a4aac8","countryCode":"NZ","country":"New Zealand","title":"SM3.5 Skilled Migrant Category requirements","policyEffect":"Restructured the points system and requirements for the Skilled Migrant Category residence visa, establishing new criteria for applications made on or after 28 August 2017.","operativeDate":"2017-08-28","year":2017,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Restructured the points system and requirements for the Skilled Migrant Category residence visa, establishing new criteria for applications made on or after 28 August 2017.","policyCategory":"Residence","policyTool":"Eligibility","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/opsmanual/79835.htm","preciseCitation":"immigration.govt.nz. SM3.5 Skilled Migrant Category requirements.","evidencePassage":"Applications made on and after 28 August 2017 in response to an Invitation to Apply resulting from selection of an Expression of Interest from the Skilled Migrant Category Pool prior to 28 August 2017, will be assessed in terms of the Skilled Migrant Category criteria and associated Appendices 3, 4, 6, 7 and 8 of the Immigration New Zealand (INZ) Operational Manual in effect on 27 August 2017.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp4-1aa80e6ebb58b562500a","countryCode":"NZ","country":"New Zealand","title":"Recognised Seasonal Employer Scheme Cap Increase (December 2017)","policyEffect":"Raised the national administrative cap on the number of temporary visas that can be granted under the Recognised Seasonal Employer (RSE) scheme for the 2017/18 season by 600 places, increasing the quota from 10,500 to 11,100 workers.","operativeDate":"2017-12-20","year":2017,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Raised the national administrative cap on the number of temporary visas that can be granted under the Recognised Seasonal Employer (RSE) scheme for the 2017/18 season by 600 places, increasing the quota from 10,500 to 11,100 workers.","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"mbie.govt.nz","sourceUrl":"https://www.mbie.govt.nz/assets/b5efd9a3f3/minute-of-decision-increasing-the-cap-for-the-recognised-seasonal-employer-scheme.pdf","preciseCitation":"Ministry of Business, Innovation and Employment (MBIE), Cabinet Business Committee Minute CBC-17-MIN-0099.","evidencePassage":"be granted by under the RSE scheme in a 12 month period by 600 to 11,100 from the 2017/18 season; 6 noted that the Minister of Social Development and the Minister of Immigration 82 acknowledge that there are accommodation pressures in some regions where the RSE 19 scheme operates, and consider that the proposed increase in the cap number is appropriate given that: T 6.1 AC RSE employers must satisfy the Labour Inspectorate and Immigration New Zealand that they are able to provide access to an acceptable standard of accommodation for RSE workers before they are able to recruit workers under the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-d09f23b35a72e2bca9825892","countryCode":"NZ","country":"New Zealand","title":"DPRK nationals restricted from obtaining New Zealand work authorisations, with contract and exemption safeguards","policyEffect":"From 4 January 2018, new regulation 46A made a national of the Democratic People’s Republic of Korea ineligible to obtain a visa or other authorisation entitling that person to work in New Zealand, which the regulations define to include Tokelau. The restriction does not apply to an authorisation implementing a written contract made before adoption of UN Security Council resolution 2375 on 11 September 2017, or an authorisation approved in advance by the Committee established under paragraph 12 of resolution 1718. The existing general ministerial-consent provision also disapplies a prohibition for an activity to which the Minister of Foreign Affairs consents, but consent is permitted only where the Minister is satisfied that the activity is justified on humanitarian grounds or is not inconsistent with the resolutions’ objectives. New regulation 54A additionally disapplies a prohibition where the Committee exempts the activity from the resolutions’ measures. This introduced a work-authorisation eligibility restriction absent from the immediately preceding principal regulations; it does not establish automatic cancellation of existing visas or a new universal deportation requirement. The pre-existing designated-person entry/transit and specified-person deportation provisions are separate and are not counted again.","operativeDate":"2018-01-04","year":2018,"affectedGroup":"Dprk nationals seeking visas or other authorisations entitling them to work, subject to written-contract, advance committee approval and general exemption safeguards","materialConditionsAndExceptions":"Validated condition or limit: The restriction does not apply to an authorisation implementing a written contract made before adoption of UN Security Council resolution 2375 on 11 September 2017, or an authorisation approved in advance by the Committee established under paragraph 12 of resolution 1718.; The existing general ministerial-consent provision also disapplies a prohibition for an activity to which the Minister of Foreign Affairs consents, but consent is permitted only where the Minister is satisfied that the activity is justified on humanitarian grounds or is not inconsistent with the resolutions’ objectives.; This introduced a work-authorisation eligibility restriction absent from the immediately preceding principal regulations; it does not establish automatic cancellation of existing visas or a new universal deportation requirement.","policyCategory":"Labour migration / work authorisation","policyTool":"Nationality-based eligibility restriction","sourceName":"New Zealand Parliamentary Counsel Office","sourceUrl":"https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/whole.html","preciseCitation":"United Nations Sanctions (DPRK) Amendment Regulations2017, LI2017/290, regulations2,12–13; principalLI2017/74 regulations3,46A,47–54A, original18April2017 and operative4January2018 versions.","evidencePassage":"Republic of Korea) Amendment Regulations 2017. ##### 2 Commencement These regulations come into force on 4 January 2018. ##### 3 Principal regulations These regulations amend the [United Nations Sanctions (Democratic People’s Republic of Korea) Regulations 2017](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215300#DLM7215300) (the **principal regulations**). ##### 4 Enacting statement amended In the enacting statement, after paragraph (b) (vi), insert: ##### (vii) resolution 2356 (2017) adopted on 2 June 2017: ##### (viii) resolution 2371 (2017) adopted on 5 August 2017: ##### (ix) resolution 2375 (2017) adopted on 11 September 2017. ##### 5 Regulation 3 amended (Interpretation) (1) In [regulation 3(1)](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215306#DLM7215306), definition of **designated person**,— ##### (a) paragraph (a) (i), replace \"“paragraph 8(e)”\" with \"“paragraph 8(d) or (e)”\": ##### (b) after paragraph (a) (v), insert: ##### (vi) Annex I of resolution 2356 (2017): ##### (vii) Annex I of resolution 2371 (2017): ##### (viii) Annex I of resolution 2375 (2017): ##### (c) after paragraph (b) (v), insert: ##### (vi) Annex II of resolution 2356 (2017): ##### (vii) Annex II of resolution 2371 (2017): ##### (viii) Annex II of resolution 2375 (2017): (2) In [regulation 3(1)](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215306#DLM7215306), definition of **resolutions**, replace \"“and resolution 2321 (2016)”\" with \"“resolution 2321 (2016), resolution 2356 (2017), resolution 2371 (2017), and resolution 2375 (2017)”\". (3) In [regulation 3(1)](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215306#DLM7215306), definition of **WMD-related and ballistic missile-related goods**,— ##### (a) paragraph (a) (v), before \"“S/2012/947”\", insert \"“Security Council document”\"; and ##### (b) paragraph (a) (vi), replace \"“(2013); or”\" with \"“(2013):”\"; and ##### (c) after paragraph (a) (vi), insert: ##### (vii) Security Council document S/2017/728; or (4) In [regulation 3(1)](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215306#DLM7215306), insert in their appropriate alphabetical order: **base metal** means— ##### (a) copper: ##### (b) iron or iron ore: ##### (c) lead or lead ore: ##### (d) nickel: ##### (e) titanium ore: ##### (f) vanadium ore: ##### (g) zinc **designated ship** means a ship that has been designated by the Committee under paragraph 6 of resolution 2371 (2017) **resolution 2356 (2017)** means resolution 2356 of the Security Council, adopted on 2 June 2017 **resolution 2371 (2017)** means resolution 2371 of the Security Council, adopted on 5 August 2017 **resolution 2375 (2017)** means resolution 2375 of the Security Council, adopted on 11 September 2017 **seafood** means any of the following in all forms: fish and crustaceans, … aquatic invertebrates **textile** means any cloth or fabric and includes— ##### (a) any thread, yarn, or material from which a cloth or fabric can be made; and ##### (b) any partially or fully completed product made from a cloth or fabric (5) In [regulation 3(1)](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215306#DLM7215306), revoke the definition of **precious metals**. ##### 6 Regulations 17 to 28 and cross-headings replaced Replace [regulations 17 to 28](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215401#DLM7215401) and the cross-headings above [regulations 17](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215401#DLM7215401), [21](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215406#DLM7215406), and [25](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215411#DLM7215411) with: #### Restricted items ##### 17 Definition of restricted item In regulations 18 to 21, **restricted item** means— ##### (a) gold: ##### (b) silver: ##### (c) a rare metal: ##### (d) a base metal: ##### (e) coal: ##### (f) seafood: ##### (g) a statue: ##### (h) a textile. ##### 18 Restricted item: importation prohibited (1) A person must not import, directly or indirectly, a restricted item into New Zealand knowing that the restricted item is from DPRK (whether or not the restricted item originated in DPRK). (2) However, subclause (1) and regulations 19 to 21 do not apply to— ##### (a) an importation or any other activity that— ##### (i) relates to coal that is described in paragraph 26 of resolution 2321 (2016), as replaced by paragraph 8 of resolution 2371 (2017); and ##### (ii) is approved in advance by the Minister; or ##### (b) a transaction that— ##### (i) is described in paragraph 26 of resolution 2321 (2016), as replaced by paragraph 8 of resolution 2371 (2017); and ##### (ii) is approved in advance by the Minister. ##### 19 Restricted item: carrying on New Zealand craft prohibited (1) A person must not use a New Zealand craft to carry a restricted item knowing that— ##### (a) the craft is carrying a restricted item; and ##### (b) the carriage is, or forms part of, the carriage of that restricted item to any place from DPRK. (2) Subclause (1) applies,— ##### (a) in the case of a New Zealand registered craft,— ##### (i) to the owner of the craft; and ##### (ii) to the master or pilot in command of the craft: ##### (b) in the case of a New Zealand chartered craft,— ##### (i) to the charterer of the craft; and ##### (ii) to the master or pilot in command of the craft, if the master or pilot is a New Zealand citizen. ##### 20 Restricted item: dealing prohibited (1) A person must not sell, transfer, or otherwise deal with a restricted item knowing that the restricted item is intended to be supplied, sold, or transferred, directly or indirectly, to any place","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-level8-partner-work-20181126","countryCode":"NZ","country":"New Zealand","title":"Level 8 student partner work eligibility restricted to shortage qualifications","policyEffect":"From November 26, 2018, the ordinary partner-work eligibility rule required a level 8 student’s qualification to be specified on the Long Term Skill Shortage List at the time of the partner’s work visa application. The earlier rule had allowed partners of students studying postgraduate qualifications without this restriction. Level 9 and 10 study remained a qualifying route. The separate WF4.5 provisions and other general requirements continued to apply.","operativeDate":"2018-11-26","year":2018,"affectedGroup":"Partners of international students studying level 8 qualifications","materialConditionsAndExceptions":"Validated condition or limit: From November 26, 2018, the ordinary partner-work eligibility rule required a level 8 student’s qualification to be specified on the Long Term Skill Shortage List at the time of the partner’s work visa application.; The earlier rule had allowed partners of students studying postgraduate qualifications without this restriction.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/opsmanual/78208.htm","preciseCitation":"WF4.1 Who is eligible for a special work visa (26/11/2018); WF4.1 Who is eligible for a special work visa (01/07/2013)","evidencePassage":"| WF4.1 Who is eligible for a special work visa (26/11/2018) 1. Unless cite0†WF4.5 applies, a person may apply for and be granted a multiple entry work visa if their partner holds: 1. a student visa to study for a level 7 or 8 qualification on the New Zealand Qualifications Framework (NZQF) in an area of absolute skill shortage as specified in the Long Term Skill Shortage List (see cite1†Appendix 4 ); or 2. a student visa to study for a level 9 or 10 qualification on the NZQF. Note: In order to be eligible for a work visa under (a)(i) the qualification undertaken by the student visa hold … er must be specified on the Long Term Skill Shortage List at the time the work visa application is submitted. 2. Work visas will be granted for the same period as the student visa held by the applicant's partner subject to the generic requirements at cite2†E4.5 being met. 3. Any work visas granted under these instructions, may be endorsed with conditions that allow work for any employer. 4. Applicants must have NZ$4,200 available for their maintenance during the period of stay in New Zealand. 5. If, subsequent to any work visa granted under these instructions, the work visa holder’s student … partner changes their study and the new study no longer meets the requirements under WF4.1(a), the work visa holder will no longer meet the requirements for a work visa under these instructions and may be liable for deportation. Effective 26/11/2018 PREVIOUS IMMIGRATION INSTRUCTIONScite3†WF4.1 Who is eligible for a work visa (01/10/2024) cite4†WF4.1 Who is eligible for a special work visa (07/09/2022) cite5†WF4.1 Who is eligible for a special work visa (01/07/2013) cite6†WF4.1 Who is eligible for a special work visa (26/11/2012) cite7†WF4.1 Who is eligible for a special work vis","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-58452155d5b9bafda245","countryCode":"NZ","country":"New Zealand","title":"November 2018 remuneration thresholds revised for Skilled Migrant and Essential Skills categories","policyEffect":"From 26 November 2018, INZ increased the remuneration thresholds used in the Skilled Migrant Category (SMC) and Essential Skills employment assessment. For SMC, the ANZSCO skill-level 1–3 skilled-employment threshold rose from NZ$24.29 to NZ$25.00 an hour, and the skill-level 4–5 or non-ANZSCO threshold from NZ$36.44 to NZ$37.50. The threshold for 20 high-remuneration bonus points rose from NZ$48.58 to NZ$50.00. For Essential Skills, the new bands were higher-skilled at NZ$37.50 or more regardless of ANZSCO level; mid-skilled at NZ$21.25–37.49 inclusive for levels 1–3; and lower-skilled below NZ$21.25 regardless of level, or below NZ$37.50 for levels 4–5. The preceding Essential Skills instructions used NZ$20.65 as the lower threshold, mid-skilled NZ$20.65–36.43 inclusive for levels 1–3, and higher-skilled remuneration of NZ$36.44 or more. Hourly rates are calculated from annual salary by dividing by 52 and weekly hours; the maximum hours are used where a range is supplied. Both sets of instructions retain the requirement that each hour must be paid at or above the relevant threshold. The SMC per-activity exception remains: a worker outside ANZSCO levels 1–3 with a lower contractual hourly rate can meet the NZ$37.50 threshold through qualifying per-activity pay, supported by at least two prior years in the same occupation in New Zealand averaging at least that hourly amount and 30 hours a week in each year. Time-based, commission, incentive/productivity and piece-rate payments do not qualify for that exception. Remuneration includes qualifying agreed deductions and accommodation value or allowance, but excludes other employment allowances and performance-dependent bonuses. These are remuneration-assessment changes within the existing categories, not new visa routes.","operativeDate":"2018-11-26","year":2018,"affectedGroup":"Skilled workers / temporary workers","materialConditionsAndExceptions":"Validated condition or limit: For SMC, the ANZSCO skill-level 1–3 skilled-employment threshold rose from NZ$24.29 to NZ$25.00 an hour, and the skill-level 4–5 or non-ANZSCO threshold from NZ$36.44 to NZ$37.50.; The threshold for 20 high-remuneration bonus points rose from NZ$48.58 to NZ$50.00.; The preceding Essential Skills instructions used NZ$20.65 as the lower threshold, mid-skilled NZ$20.65–36.43 inclusive for levels 1–3, and higher-skilled remuneration of NZ$36.44 or more.; the maximum hours are used where a range is supplied.; Both sets of instructions retain the requirement that each hour must be paid at or above the relevant threshold.; The SMC per-activity exception remains: a worker outside ANZSCO levels 1–3 with a lower contractual hourly rate can meet the NZ$37.50 threshold through qualifying per-activity pay, supported by at least two prior years in the same occupation in New Zealand averaging at…","policyCategory":"Labour migration / residence admission / work authorization","policyTool":"Wage / income threshold","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2018-11.pdf","preciseCitation":"INZ Circular2018/11, dated9November2018, operative26November2018, SM1.10, SM6.10, SM6.20, SM6.60 and WK3.5; preceding Circular2017/13 and intervening SM6.10 in Circular2018/06.","evidencePassage":"9 November 2018 Immigration New Zealand Instructions: Amendment Circular No. 2018/11 To: All Manual Holders Amendments to the Immigration New Zealand Operational Manual Introduction This circular outlines changes to the immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments and operate in accordance with the amended instructions on and after 26 November 2018. Note The amendments described in this circular will be published in the Immigration New Zealand Operational Manual in due course. Any enquiries about these amendments should be directed to the Immigration Contact Centre on 0508 558 855. Summary of contents This amendment circular details changes to the Immigration New Zealand immigration instructions, and is set out as follows:  The Description of changes section contains a summary of the changes to immigration instructions.  Appendix 1 contains amended Residence instructions.  Appendix 2 contains amended Temporary Entry instructions.  Appendix 3 contains amended Residence and Temporary Entry instructions.  Appendix 4 contains rescinded instructions. All changes are effective on and after 26 November 2018. Additions to the immigration instructions have been highlighted for ease of reference. Deletions have not been highlighted. Page | 1 Description of changes Changes to post-study work rights WD Post-Study work instructions WD1 Objective WD2 Lodging an application under Post-Study work visa instructions WD3 Requirements for Post-Study work visas WD3.1 Determining and granting a Post-Study work visa WD3.5 Transitional requirements WF4.1 Who is eligible for a Special Work visa Changes to post-study work rights have been made to ensure post-study immigration pathways for international students are fit-for-purpose and to reduce the likelihood of exploitation, while minimising losses of genuine students. The changes are as follows:  The Employer-Assisted Post-Study work visa has been removed.  A three-year post-study open work visa is available for bachelor’s degree or above qualifications.  A one-year post-study open work visa is available for students studying New Zealand Qualification Framework level 4 to 6 and non-degree level 7 qualifications, with an additional year available for Graduate Diploma students whose qualification and work is needed for registration with a professional or trade body.  A time-bound, two-year post-study open work visa is available for students studying level 4 to 6 and non-degree level 7 qualifications outside Auckland (study must be completed by the end of 2021). Transitional provisions To ensure no current tertiary students and post-study work visa holders are disadvantaged by the changes, the following transitional provisions have also been introduced:  Students who held a student visa or were in the process of applying for a student visa to study towards an eligible qualification as at 8 … will be able to apply for: o a three-year post-study open work visa on completion of their qualification(s) o a two-year post study open work visa if they have previously held a one year open post study work visa, on completion of their qualification(s)  Holders of a one year post-study work visa will be eligible to apply for a further two-year open post-study work visa.  Holders of a Post-Study Work Visa-Employer Assisted can apply to vary their visa conditions to remove the occupation, employer and location. Work visa eligibility for partners of students People studying level 8 qualifications will need to study a qualification listed in an area on the Long Term Skills Shortage List to be eligible to support their partner for an open work visa. Page | 2 Updates to the remuneration threshold values for Essential Skills and Skilled Migrant Category visas WK3.5 Acceptable Employment SM1.10 Points for employability and capacity building factors SM6.10 Skilled Employment SM6.20 Calculating remuneration SM6.60 Bonus points for high remuneration The Essential Skills work visa and Skilled Migrant Category resident visa remuneration thresholds have been updated. These thresholds are updated annually. The new thresholds are based on the New Zealand median salary and wage rate of $25 per hour (up 2.9% from last year), equivalent to $52,000 per annum for a 40 hour per week job. The thresholds are:  Skilled Migrant Category o The threshold for gaining skilled employment points will be $25 per hour for jobs at ANZSCO skill level 1, 2, or 3, and $37.50 per hour for jobs at skill level 4 or 5. o The threshold for bonus points for high remuneration will be $50 per hour.  Essential Skills o The mid-skilled remuneration threshold will be $21.25 per hour for jobs at ANZSCO skill level 1, 2, or 3, and or $37.50 per hour for ANZSCO skill level 4 or 5 roles. o The high-skilled remuneration threshold will be $37.50 per hour. Other minor changes Remove references to departure cards Y2.5 Passenger responsibilities on departure Y2.15 Who is exempt from presenting an arrival card Clarify that refugees, refugee claimants and protected people exempt from application fees R2.60 Payment of the fee and immigration levy S4.20 Refugee Quota Family Reunification Category E4.60 Payment of the fee and immigration levy V3.90 Visitor visas for refugee or protection status claimants WI6.5 Who is not normally eligible for a special work visa WI6.10 Making an application L6.1 Limited visas for some refugee or protection status claimants, refugees or protected people Refer to Robert Mugabe in instructions as ‘former’ President of Zimbabwe following his removal as Zimbabwe President in 2017 R5.100 Ban on the grant of residence class visas to certain individuals and classes of individuals E2.55 Restriction on the grant of visas, to Robert Mugabe, former President of Zimbabwe, and his wife Update references to the new Customs and Excise Act 2018 Y4.5 People who must be refused entr","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-3c88117c83dbcb72b0ae","countryCode":"NZ","country":"New Zealand","title":"Post-study open work visa conditions and durations revised","policyEffect":"From November 26, 2018, qualifying graduates could receive open post-study work visas permitting work for any employer, in any occupation and location, subject to the general conditions. A level 7 bachelor’s degree or level 8–10 qualification studied full-time for at least 30 weeks in New Zealand qualified for three years. Eligible lower-level and non-degree level 7 qualifications generally qualified for one year, or two years where qualifying study was completed entirely outside Auckland by December 31, 2021. Eligible Graduate Diploma holders working towards registration could obtain an additional year subject to the specified registration requirements. Transitional instructions provided longer entitlements for eligible existing students and visa holders; existing employer-assisted visa holders could apply to remove employer and occupation conditions.","operativeDate":"2018-11-26","year":2018,"affectedGroup":"Qualifying international graduates and eligible existing students and post-study work visa holders","materialConditionsAndExceptions":"Validated condition or limit: From November 26, 2018, qualifying graduates could receive open post-study work visas permitting work for any employer, in any occupation and location, subject to the general conditions.; A level 7 bachelor’s degree or level 8–10 qualification studied full-time for at least 30 weeks in New Zealand qualified for three years.; Eligible lower-level and non-degree level 7 qualifications generally qualified for one year, or two years where qualifying study was completed entirely outside Auckland by December 31, 2021.; Eligible Graduate Diploma holders working towards registration could obtain an additional year subject to the specified registration requirements.; Transitional instructions provided longer entitlements for eligible existing students and visa holders","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/opsmanual/72351.htm","preciseCitation":"WD3.1 Determining and granting a Post-Study work visa (26/11/2018); WD3.5 Transitional requirements (26/11/2018)","evidencePassage":"| WD3.1 Determining and granting a Post-Study work visa (26/11/2018) WD3.1.1 Determining a Post-Study work visa application Applicants may be granted a work visa if: 1. they hold: 1. a qualification at level 7 to 10 on the New Zealand Qualifications Framework that has been studied full-time for at least 30 weeks in New Zealand; or 2. a single qualification at level 4 to 6 that has been studied full-time for at least 60 weeks in New Zealand; or 3. two qualifications at levels 4 to 6 that have been studied full-time for at least 60 weeks in New Zealand (including at least 30 weeks per qualificat … ion) and the second qualification is at a higher level than the first qualification; and 2. they apply no later than three months after the end date of their student visa for that programme of study or qualification(s) or, if the qualification was a Doctoral Degree, no later than six months after the end date of their student visa; and 3. they have successfully completed the qualification for which the student visa was granted; and 4. they have met the requirements set out at cite0†U11.1(d) if their studies have been supported under the New Zealand Aid Programme; and 5. they have NZ$4,200 i … n funds available to maintain themselves during their stay in New Zealand; and 6. they have not previously been granted a Post-Study work visa unless: 1. they have undertaken and completed a second higher qualification that is either a New Zealand Bachelor’s Degree or postgraduate qualification, and have studied that qualification full-time in New Zealand for at least 30 weeks; or 2. they are working towards occupational registration and meet the requirements at WD3.1.15; or 3. transitional provisions apply (see cite1†WD3.5 ). WD3.1.5 Currency and conditions 1. The currency of the work visa … depends on the qualification(s) gained as set out in the table below: Qualification completed and programme duration | A Post-Study work visa may be granted for: i. a level 7 Bachelor’s Degree or level 8 to 10 qualification that has been studied full-time for at least 30 weeks in New Zealand | Three years ii. a level 7 Graduate Diploma that has been studied full-time for at least 30 weeks in New Zealand | One year. Plus an additional one year, if the applicant is in the process of gaining registration with a registration authority and meets the requirements of WD3.1.15 Two years, if the study … was undertaken outside of Auckland and completed by 31 December 2021 (see WD3.1.10) iii. any other level 7 qualification that has been studied full-time for at least 30 weeks in New Zealand | One year Two years, if the study was undertaken outside of Auckland and completed by 31 December 2021 (see WD3.1.10) iv. a single qualification at level 4 to 6 that has been studied full-time for at least 60 weeks in New Zealand | One year Two years, if the study was undertaken outside of Auckland and completed by 31 December 2021 (see WD3.1.10) v. two qualifications at levels 4 to 6 that have been studi … ed full-time for at least 60 weeks in New Zealand (including at least 30 weeks per qualification) and the second qualification is at a higher level on the NZQF than the first qualification. The qualifications must have commenced in either the same or consecutive calendar years | One year Two years, if the study was undertaken outside of Auckland and completed by 31 December 2021 (see WD3.1.10) 2. A holder of a Post-Study work visa may work for any employer in any occupation in any location, subject to meeting cite2†E7.40 . Note: Study weeks include exam preparation time and exclude holiday … periods. WD3.1.10 Qualifications completed outside Auckland 1. Students who successfully complete a qualification specified at WD3.1.1(a) outside Auckland by 31 December 2021 qualify for a two-year Post-Study work visa. 2. A qualification(s) completed outside Auckland must have been studied entirely at a campus outside the territories covered by the Auckland Council. 3. A two-year Post-Study work visa will not be granted if any part of the qualification(s) was completed at a campus located within territories covered by the Auckland Council, including distance learning components. WD3.1.15 Work … ing towards occupational registration 1. Post-Study work visa holders who have successfully completed a level 7 Graduate Diploma may be granted an additional one-year Post-Study work visa (to a total of two years) if: 1. they are in the process of gaining registration with a registration body; and 2. they require an additional year of work experience to obtain the registration; and 3. the registration body is included in the list of acceptable registration authorities at WD3.1.15.1; and 4. they have not been granted a two-year Post-Study work visa under WD3.1.10 due to having completed their q … ualification outside Auckland. 2. To qualify for an additional one-year Post-Study work visa, applicants must currently hold a Post-Study work visa and provide: 1. a copy of the qualifying level 7 Graduate Diploma; and 2. evidence of provisional registration with an acceptable registration authority. WD3.1.15.1 List of acceptable registration authorities The following are acceptable registration authorities for the purposes of Post-Study work visa instructions: * Teaching Council of Aotearoa New Zealand Effective 26/11/2018 PREVIOUS IMMIGRATION INSTRUCTIONScite3†WD3.1 Determining a Post-Stud","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-ddc772d431fefe945eb3","countryCode":"NZ","country":"New Zealand","title":"Establishment of the Christchurch Response (2019) Permanent Residence Category","policyEffect":"Created a dedicated permanent residence pathway (Operational Manual Section S4.30) offering permanent resident visas and fee/health waivers to individuals based in New Zealand directly affected by the 15 March 2019 Christchurch mosque attacks and their eligible family members. Phase scope: Applications lodged on or before 23 April 2021","operativeDate":"2019-04-24","year":2019,"affectedGroup":"Victims and family members of christchurch mosque attacks","materialConditionsAndExceptions":"Validated condition or limit: Created a dedicated permanent residence pathway (Operational Manual Section S4.30) offering permanent resident visas and fee/health waivers to individuals based in New Zealand directly affected by the 15 March 2019 Christchurch mosque attacks and their eligible family members.; Phase scope: Applications lodged on or before 23 April 2021","policyCategory":"Humanitarian / special residence","policyTool":"Special visa category / fast-track pr","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/opsmanual/72200.htm","preciseCitation":"Immigration New Zealand Operational Manual, Instruction S4.30: Christchurch Response (2019) Category","evidencePassage":"S4.30 Christchurch Response (2019) Category (to 26/07/2024) S4.30 Christchurch Response (2019) Category (to 26/07/2024) S4.30.1 Objective The Christchurch Response (2019) Category provides certainty to the New Zealand-based individuals directly affected by terrorist attacks at the Masjid Al Noor and Linwood mosques in Christchurch on 15 March 2019 (the attacks) and to their family living in New Zealand about their ability to remain in New Zealand permanently. S4.30.5 Overview Application for a permanent resident visa under the Christchurch Response (2019) Category is a two-stage process: people wishing to apply for a permanent resident visa under the Christchurch Response (2019) Category must first submit an expression of interest (EOI). EOIs may result in an invitation to apply for residence if the claims made in the EOI concerning health, character, being based in New Zealand, and being either directly affected by the attacks, or the family member of a person directly affected by the attacks are assessed as credible by an immigration officer. A Christchurch Response (2019) Category application will be approved if the requirements for being based in New Zealand, and being either directly affected by the attacks, or the family member of a person directly affected by the attacks are met, and the requirements for health and character are either met or waived. S4.30.10 Expression of interest and invitation to apply for a Christchurch Response (2019) permanent resident visa See also Immigration Act 2009 ss 92, 93 and 95. See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 Regulations 9 and 20. A person may express interest in applying for a Christchurch Response (2019) Category permanent resident visa if she or he: was based in New Zealand on … residence under the Christchurch Response (2019) Category must be made in the prescribed manner (see R2). Applications made under these instructions must be lodged on or before 23 April 2021. Note: The prescribed fee for applications under these instructions has been waived by the Minister of Immigration by special direction. S4.30.20 Determining a Christchurch Response (2019) Category permanent resident visa application Permanent resident visas may be granted if an immigration officer is satisfied that the applicant: meets health and character requirements for residence (A4 and A5); and on 15 … identity and/or the relationship claimed by the applicant(s). S4.30.35 Verification of family details Immigration officers may refer to former applications lodged by applicants, family members of applicants or sponsors, in order to verify declarations made by applicants about their family details (such as the number of family members, the whereabouts of family members, or an applicant's or partner's marital status). S4.30.40 Grant of a permanent resident visa Successful applicants under the Christchurch Response (2019) Category will be granted a permanent resident visa. Effective 24/04/2019","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-219e0a76c69ec868a7e6","countryCode":"NZ","country":"New Zealand","title":"Recognised Seasonal Employer (RSE) Scheme Cap Increase to 14,400","policyEffect":"Increased the annual administrative quota limit for the Recognised Seasonal Employer (RSE) scheme from 12,850 to 14,400 places for the seasonal horticulture and viticulture workforce intake.","operativeDate":"2019-10-01","year":2019,"affectedGroup":"Seasonal workers","materialConditionsAndExceptions":"Validated condition or limit: Increased the annual administrative quota limit for the Recognised Seasonal Employer (RSE) scheme from 12,850 to 14,400 places for the seasonal horticulture and viticulture workforce intake.","policyCategory":"Labour migration","policyTool":"Quota","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/about-us/research-and-statistics/research/recognised-seasonal-employer-scheme-research","preciseCitation":"Immigration New Zealand. Recognised Seasonal Employer scheme research.","evidencePassage":"Employer scheme research The Recognised Seasonal Employer (RSE) scheme allows the horticulture and viticulture industries to recruit workers from overseas for seasonal work when there are not enough New Zealand workers. Find research that relates to the RSE scheme. There is an administrative limit or cap on the number of RSE places that can be taken up in any one year. This cap was set at 5,000 places when the scheme was established in 2007, but the success of RSE has led to increased demand from employers and the cap was set at: 8,000 places in 2009 9,000 in November 2014 9,500 in December 2015 10,500 in December 2016 11,100 in December 2017 12,850 in November 2018 14,400 in October 2019 14,400 for 2020/21 16,000 for 2021/22 19,000 for 2022/23 20,750 for 2024/25. Unless employers can show they have pre-established relationships with workers from other countries, they may only recruit workers under RSE policy from the following eligible Pacific countries: the Federated States of Micronesia Fiji Kiribati Nauru Palau Papua New Guinea the Republic of Marshall Islands Samoa Solomon Islands Timor-Leste Tonga Tuvalu Vanuatu Workers must meet health and character requirements and provide evidence","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-67a5837da35e3510fdea","countryCode":"NZ","country":"New Zealand","title":"General Instructions on Order and Manner of Processing Residence Applications (Amendment Circular 2020/4)","policyEffect":"Re-stratified priority queues for processing residence-class visa applications under section 26(4) of the Immigration Act 2009, giving first priority to Christchurch Response (2019) Category, Skilled Migrant Category with job offers (prioritizing those with twice the median wage or occupational registration), all business categories, Residence from Work Category (prioritizing those with twice the median wage or occupational registration), Refugee Policy, and specific Partnership and Dependent Child applications; second priority to other Partnership and Dependent Child applications; and third priority to the Parent Category.","operativeDate":"2020-02-24","year":2020,"affectedGroup":"Applicants for residence class visas","materialConditionsAndExceptions":"","policyCategory":"Residence / high-skilled admission","policyTool":"Processing priority / allocation criteria","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2020_04.pdf","preciseCitation":"","evidencePassage":"Pursuant to section 26(4) of the Immigration Act 2009 and acting under delegated authority from the Chief Executive of the Ministry of the Business, Innovation, and Employment, I hereby give the following general instructions as to the order and manner of processing of residence class visa applications under Government residence instructions, effective from 24 February 2020 … effective from 24 February 2020 … processing of residence class visa applications under Government residence instructions … First priority will be given to the following types and categories of applications for residence class visas in preference to applications under other types and categories: i. Christchurch Response (2019) Category will have priority; ii. Skilled Migrant Category (SMC) applications with job offers; and within this category, priority will be given to: o Applicants with an hourly rate equivalent to or higher than twice the median wage (currently $51.00 per hour or an annual salary of $106,080 or more); o Applicants with current occupational registration where registration is required by immigration instructions; iii. All business categories; iv. Residence from Work Category applications (Talent (Accredited Employer), Talent (Arts, Culture and Sport), South Island Contribution, Religious Worker and Long Term Skill Shortage List); and within this category, priority will be given to: o Applications which include a job offer with an hourly rate equivalent to or higher than twice the median wage (currently $51.00 per hour or an annual salary of $106,080 or more); o Applications which include a job offer which requires occupational registration where occupational registration is required by immigration instructions; v. Refugee Policy; vi. Partnership and Dependent Child applications where the partner or parent is, o a New Zealand citizen, or o the holder of a permanent resident visa, and who has been absent from New Zealand for a period of at least two years prior to the date of the application being accepted for consideration apart from short visits within that period. … Second priority will be given to the following types and categories of applications for residence class visas: i. Partnership and Dependent Child applications (other than those in instruction (a)). … Third Priority will be given to the following types and categories of applications for residence class visas: i. Parent Category. … Within the priorities set out above, applications should generally be processed in lodgement date order. … These instructions do not prevent immigration officers according urgency to the processing of any particular residence class visa application when the individual circumstances so warrant that.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-fc9f0922817ba4881782","countryCode":"NZ","country":"New Zealand","title":"Reopening and Restructuring of the Parent Category Residence Instructions","policyEffect":"Immigration New Zealand officially reopened the Parent Category for Expressions of Interest under substantially revised criteria, establishing new sponsorship requirements, English language standards, and median wage-based minimum income thresholds.","operativeDate":"2020-02-24","year":2020,"affectedGroup":"Parents seeking residence sponsored by an adult child who is a new zealand citizen or resident, or an adult child and their partner","materialConditionsAndExceptions":"Validated condition or limit: Immigration New Zealand officially reopened the Parent Category for Expressions of Interest under substantially revised criteria, establishing new sponsorship requirements, English language standards, and median wage-based minimum income thresholds.","policyCategory":"Family reunification","policyTool":"Eligibility criteria / quota / sponsorship requirements","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2020-02.pdf","preciseCitation":"","evidencePassage":"This amendment circular contains the new Parent category immigration instructions, which are effective on and after 24 February 2020. The new Parent category: • has an EOI process and single tier of applications • requires sponsorship by an adult child, or an adult child and their partner • requires the adult child and their partner to both agree to sponsorship obligations if joint income is used to meet sponsorship requirements • introduces new financial measures for sponsors based on the New Zealand median income • requires sponsors to meet the income criteria for two out of the three years before the application for residence, and to provide evidence of their annual income through Inland Revenue tax statements • takes into account the total number of parents that sponsors are committed to sponsor, including previous resident visas granted under the Parent Category, when determining the income criteria for an application. … This amendment circular contains the new Parent category immigration instructions, which are effective on and after 24 February 2020. … Applicants under the Parent Category must: a. be sponsored by an adult child (see F4.20.5) that meets family relationship requirements at F4.30 or an adult child and their partner; and b. have no dependent children (see F4.30.5). … The number of resident visas that can be granted under the Parent Category is limited to 1,000 people for each year ending 30 June. … Applications under the Parent Category must be declined if any applicant included in the application has not met the minimum standard of English or the requirements to pre-purchase English for speakers of other languages (ESOL) tuition. … The sponsoring adult child and their partner (if joint income is considered) must demonstrate that their total income meets the minimum income threshold for two out of the three years prior to being invited to apply.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-976e1bdbb38160895fc4","countryCode":"NZ","country":"New Zealand","title":"Relaxation and Short-Term Variation of Visa Conditions for Essential Services (Amendment Circular 2020-16)","policyEffect":"Implements temporary COVID-19 response measures allowing immigration officers to grant a variation of conditions for student and work visa holders to support essential businesses operating during Alert Level 4. Student visa holders employed on 16 April 2020 may be granted full-time work rights. Employer-specific work visa holders may be varied to work in any occupation for that same employer. Work visa holders may be varied to work for a different employer in the same region in the same occupation. The duration of the variation applies while New Zealand is at Alert Level 3 or 4 and for a period of six weeks after a shift to Level 2 or below. Employers must submit a request including a declaration confirming operation during Alert Level 4, meeting essential service criteria from covid19.govt.nz, worker agreement, and adherence to minimum employment standards.","operativeDate":"2020-04-16","year":2020,"affectedGroup":"Student and work visa holders employed by essential service providers","materialConditionsAndExceptions":"Validated condition or limit: The duration of the variation applies while New Zealand is at Alert Level 3 or 4 and for a period of six weeks after a shift to Level 2 or below.; Employers must submit a request including a declaration confirming operation during Alert Level 4, meeting essential service criteria from covid19.govt.nz, worker agreement, and adherence to minimum employment standards.","policyCategory":"Labour migration","policyTool":"Work authorisation / flexibility of conditions","sourceName":"Immigration New Zealand (INZ) / Ministry of Business, Innovation and Employment (MBIE)","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2020-16.pdf","preciseCitation":"Immigration New Zealand Amendment Circular 2020-16 (Instruction E3.26.15).","evidencePassage":"An immigration officer may grant a variation of conditions to a student or work visa subject to receiving a request from an employer … The conditions of the student visa may be varied to state that the holder can work full-time for the specified essential business employer. … The occupation may be varied to state that the visa holder can work in ‘any occupation’ for the employer specified on their visa. … The employer on a visa may be varied if the new employer meets the requirements set out in E3.26.15 above, and there is no change required to the occupation of the visa holder. … Changes have been made to immigration instructions effective on and after 16 April 2020 … E3.26.15 Varying the conditions of student and work visas to support essential businesses during the COVID-19 response period … The student visa holder must have been employed by the employer specified in (a) above on 16 April 2020. … If granted, any variation of conditions will apply only while New Zealand is at Alert Level 3 or 4 on the COVID-19 Alert System and for a period of six weeks after a shift to Level 2 or below. … An immigration officer may grant a variation of conditions to a student or work visa subject to receiving a request from an employer which includes a declaration confirming that: i. The employer was operating during Alert Level 4; and ii. The employer meets the criteria for a business providing an essential service as published on the www.Covid-19.govt.nz website; and iii. The worker has agreed to be redeployed and that minimum employment standards will be adhered to (including where applicable a new written employment agreement). … Due to public health considerations, variation requests to change regions of employment may not be considered under these instructions","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0670eba83bd2feaa54b1","countryCode":"NZ","country":"New Zealand","title":"Special Direction: Grant of Resident Visas to Offshore Persons with Expired Travel Conditions","policyEffect":"Granted a new resident visa with a 12-month travel condition to offshore individuals whose resident visa travel conditions had expired between 2 February 2020 and 11 September 2020 due to international border closures, allowing them 12 months to enter New Zealand.","operativeDate":"2020-09-11","year":2020,"affectedGroup":"Offshore resident visa holders","materialConditionsAndExceptions":"","policyCategory":"Permanent residence","policyTool":"Visa grant / re-validation","sourceName":"gazette.govt.nz","sourceUrl":"https://gazette.govt.nz/notice/id/2020-go4426","preciseCitation":"New Zealand Gazette, Notice No. 2020-go4426, Special Direction under section 61A(2) of the Immigration Act 2009","evidencePassage":"File Type and Size PDF (25 KB) Pursuant to section 61A(2) of the Immigration Act 2009 (“Act”) of my own volition, by special direction, I grant a resident visa with the travel condition that the person arrive in New Zealand within 12 months of the date that this special direction is made to a class of offshore persons whose resident visas are no longer valid because the travel conditions on those visas have recently expired. Pursuant to section 61A(5) of the Act, the following persons are classified as persons to whom this special direction applies. A person who: held a resident visa with travel conditions which expired between 2 February 2020 and the day on which this special direction is made; and is outside New Zealand on the day this special direction is made. The resident visa will have the same multiple entry travel conditions as the expired resident visa referred to at 1. and any non-travel conditions applying to the expired resident visa also apply to the resident visa made by this special direction. I am satisfied that the making of this special direction is reasonably necessary to manage the effects and deal with the consequences of measures take to contain or mitigate the … and be in, New Zealand. I note that, under the border restrictions in force on the day I make this special direction, people granted visas offshore who have not yet travelled to New Zealand may not be able to enter New Zealand. Dated this 11th day of September 2020. Hon KRIS FAAFOI, Minister of Immigration. Explanatory Note The effect of this special direction is to grant resident visas to persons who are not in New Zealand and who recently held resident visas with travel conditions which have expired since the border was closed on 2 February 2020 and who are no longer able to travel to New Zealand because they no longer hold valid resident visas. These persons will have 12 months to travel to New Zealand from the date this special direction is made if border restrictions allow them to enter. Privacy Terms of Use Copyright Cumulative Indexes / Te Kāwanatanga o Aotearoa","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-34250e53868a9369abd6","countryCode":"NZ","country":"New Zealand","title":"Special Direction: Imposition of Mandatory COVID-19 Public Health Compliance Visa Condition","policyEffect":"Imposed an express condition on all temporary entry class visa holders in New Zealand who received their visas on or before 18 March 2020 requiring compliance with section 11 orders under the COVID-19 Public Health Response Act 2020 and medical officer instructions, making non-compliance a ground for deportation liability.","operativeDate":"2020-09-11","year":2020,"affectedGroup":"Every person who is in new zealand on the date this special direction is signed and holds a temporary entry class visa that was granted on or before 18 march 2020.","materialConditionsAndExceptions":"Validated condition or limit: Imposed an express condition on all temporary entry class visa holders in New Zealand who received their visas on or before 18 March 2020 requiring compliance with section 11 orders under the COVID-19 Public Health Response Act 2020 and medical officer instructions, making non-compliance a ground for deportation liability.","policyCategory":"Post-entry rights","policyTool":"Visa condition imposition","sourceName":"gazette.govt.nz","sourceUrl":"https://gazette.govt.nz/notice/id/2020-go4484","preciseCitation":"","evidencePassage":"A condition is imposed on their visas that the holder comply with: any order made under section 11 of the COVID-19 Public Health Response Act 2020; and any instruction from a Medical Officer of Health which relates to COVID-19. … Dated this 11th day of September 2020.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-7b073ddcf66602e516fc","countryCode":"NZ","country":"New Zealand","title":"Special Direction: Variation of Travel Conditions for Offshore Resident Visa Holders","policyEffect":"Extended the travel conditions by 12 months for offshore resident visa holders whose current travel conditions were due to expire within 12 months of the direction being made.","operativeDate":"2020-09-11","year":2020,"affectedGroup":"Offshore resident visa holders","materialConditionsAndExceptions":"Validated condition or limit: Extended the travel conditions by 12 months for offshore resident visa holders whose current travel conditions were due to expire within 12 months of the direction being made.","policyCategory":"Permanent residence","policyTool":"Condition variation","sourceName":"gazette.govt.nz","sourceUrl":"https://gazette.govt.nz/notice/id/2020-go4425","preciseCitation":"New Zealand Gazette, Notice No. 2020-go4425, Special Direction under section 50(4A) of the Immigration Act 2009","evidencePassage":"to section 50(4A) of the Immigration Act 2009 (“Act”), by special direction, I vary the travel conditions for a class of offshore resident visa holders, as classified in this direction, by extending those travel conditions for a period of 12 months beginning on the date on which this special direction is made. Pursuant to section 50(4C) of the Act, the following persons are classified as persons to whom this special direction applies. A person who: holds a resident visa with current travel conditions expiring within 12 months calculated from the beginning of the day on which this special direction … 11th day of September 2020. Hon KRIS FAAFOI, Minister of Immigration. Explanatory Note The effect of this special direction is to vary the travel conditions on resident visas by 12 months from the date it is made to the class of persons described in this special direction (all being resident visa holders offshore whose valid travel conditions will expire within 12 months of this special direction being made). This means those persons will have until 12 months from the day on which the special direction is made to travel to New Zealand on their resident visas if border restrictions allow them to","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-a4c788d69d230b2013ad","countryCode":"NZ","country":"New Zealand","title":"Special Direction: Automatic Grant of Supplementary Seasonal Employment (SSE) Visas","policyEffect":"Automatically granted Supplementary Seasonal Employment (SSE) Work Visas to onshore holders of Working Holiday Scheme and certain temporary visas expiring between 1 October 2020 and 31 March 2021, providing seasonal horticulture and viticulture work rights without requiring a separate application. Phase scope: Onshore temporary visa holders whose visas were expiring between 1 October 2020 and 31 March 2021","operativeDate":"2020-10-12","year":2020,"affectedGroup":"Seasonal workers / temporary visa holders","materialConditionsAndExceptions":"","policyCategory":"Labour migration","policyTool":"Exemption / special direction","sourceName":"New Zealand Gazette","sourceUrl":"https://gazette.govt.nz/notice/id/2020-go4727","preciseCitation":"New Zealand Gazette, Notice No. 2020-go4727 (12 October 2020)","evidencePassage":"Number 2020-go4727 Title View PDF File Type and Size PDF (26 KB) Pursuant to section 61A(2) of the Immigration Act 2009 (“Act”) of my own volition, by special direction, I grant a Supplementary Seasonal Employment (SSE) temporary visa to a class of persons, granted to start on the day after the expiry date of the current visa. Pursuant to section 61A(5) of the Act, the following persons are classified as persons to whom this special direction applies. A person who: Holds a Working Holiday Scheme or a Working Holidaymaker Extension temporary visa (Working Holiday visa) that is expiring between 1 October 2020 – 31 March 2021 (inclusive), and does not have an on-hand temporary visa application on the expiry date of the Working Holiday visa, and is in New Zealand on the expiry date of their current Working Holiday visa. The SSE visa will have conditions which will allow the holder to be employed by any of the following: An employer approved under immigration instructions with an SSE Approval in Principle; or a Recognised Seasonal Employer (RSE) with an approved Agreement to Recruit (ATR) where ATR places have been unable to be filled with RSE workers; or any employer for the specified role … further option to stay in New Zealand after the expiry of their Working Holiday visa, should they wish but does not inhibit their ability continue or pursue an application for a different visa. For the avoidance of doubt, the class of persons included in this special direction does not include excluded persons who may not be granted a visa without a special direction subject to section 17 of the Act. Dated this 1st day of October 2020. Hon KRIS FAAFOI, Minister of Immigration. Explanatory Note The effect of this special direction is to grant temporary Supplementary Seasonal Employment (SSE) visas with an expiry date of 30 June 2021 to persons who are in New Zealand and holding Working Holiday Scheme or Working Holidaymaker Extension visas. The SSE visa will start on the day after the date of expiry of the current visa and will enable the holder to lawfully remain in New Zealand if they wish and work for specified employers and roles in the horticulture and viticulture sectors. Privacy Terms of Use Copyright Cumulative Indexes / Te Kāwanatanga o Aotearoa","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d519653798efc055cdba","countryCode":"NZ","country":"New Zealand","title":"Prioritisation Rules for Onshore and Quarantine-Free Travel (QFT) Zone Visa Processing","policyEffect":"Amended general instructions regarding the order and priority of processing visa applications, giving first priority to applicants residing in and lodging from onshore New Zealand or Quarantine-Free Travel zones, and deprioritising standard offshore applications.","operativeDate":"2021-04-27","year":2021,"affectedGroup":"Applicants who are in and have lodged applications from within new zealand or a quarantine-free travel (qft) zone","materialConditionsAndExceptions":"","policyCategory":"Admission / application processing administration","policyTool":"Processing prioritization guidelines","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2021-13.pdf","preciseCitation":"","evidencePassage":"Amendments have been made to the general instructions as to the order and manner of processing of visa applications. Applicants who are in and have lodged applications from within New Zealand or a Quarantine-Free Travel (QFT) Zone are given first priority. … Appendix 1 - Amendments to general instructions effective from 27 April 2021 … Residence class visas either where the applicant is in New Zealand or where the applicant is currently in and has lodged a residence class visa application from within a Quarantine-Free Travel (QFT) Zone. … Within the priorities set out above, applications should generally be processed in lodgement date order.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b62b6ed7b312742bd14f","countryCode":"NZ","country":"New Zealand","title":"Temporary-visa applications allowed from former quarantine-free travel zones","policyEffect":"From May 7, 2021, people who were in, and intended to travel from, a country or territory that had ceased to be a COVID-19 quarantine-free travel zone were excepted from New Zealand’s suspension of offshore temporary-entry visa applications. The change allowed those people to apply; it did not itself grant a visa.","operativeDate":"2021-05-07","year":2021,"affectedGroup":"People in and intending to travel from former covid-19 quarantine-free travel zones","materialConditionsAndExceptions":"","policyCategory":"Border control / visa application suspension","policyTool":"Regulation / application freeze","sourceName":"New Zealand Legislation / Parliamentary Counsel Office","sourceUrl":"https://classic.legislation.govt.nz/regulation/public/2021/0071/latest/whole.html","preciseCitation":"Immigration (Visa, Entry Permission, and Related Matters) Amendment (COVID-19—Applications) Regulations 2021 (LI 2021/71)","evidencePassage":"on](#d15948641e212) | | | ## Regulations ##### 1 Title These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment (COVID-19—Applications) Regulations 2021. ##### 2 Commencement These regulations come into force on 7 May 2021. ##### 3 Principal regulations These regulations amend the [Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010](https://classic.legislation.govt.nz/regulation/public/2021/0071/latest/link.aspx?id=DLM3148100). ##### 4 Regulation 9A amended (Suspension of ability to apply for certain visas) (1) Replace [regulation 9A … (1) (aa)](https://classic.legislation.govt.nz/regulation/public/2021/0071/latest/link.aspx?id=LMS408081#LMS408081) with: ##### (aa) is in, and intends to travel from,— ##### (i) a COVID-19 quarantine-free travel zone; or ##### (ii) a country or territory that has been, but is no longer, a COVID-19 quarantine-free travel zone; or (2) In [regulation 9A(1A)](https://classic.legislation.govt.nz/regulation/public/2021/0071/latest/link.aspx?id=LMS408081#LMS408081), replace \"“**safe**”\" with \"“**quarantine-free**”\". (3) In [regulation 9A(3) and (4)](https://classic.legislation.govt.nz/regulation/publ … e travel zone to the term COVID-19 quarantine-free travel zone, to more accurately reflect the nature of the travel zone; and - it allows a person to apply for a temporary entry class visa if they are in a country or territory that was, but is no longer, a COVID-19 quarantine-free travel zone; and - it extends, for a period of 3 months ending at the close of 6 August 2021, the suspension (with limited exceptions) of the ability of all persons who are outside New Zealand to apply for a temporary entry class visa. Issued under the authority of the [Legislation Act 2012](https://classic.legislati","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-e73eb9ceedffe5027a69","countryCode":"NZ","country":"New Zealand","title":"Exclusion of Overnight Hours from Wage Calculations for Essential Skills and SMC Visas (Amendment Circular No. 2021-15)","policyEffect":"Amends instructions SM6.20 and WK3.5.1 regarding the calculation of hourly remuneration by allowing certain hours worked overnight while sleeping to be excluded from hourly rate calculations for Essential Skills work visas and Skilled Migrant Category residence visas, provided that: (i) for any hours an applicant is sleeping, they are paid at or above the minimum wage; (ii) for any hours an applicant is required to perform their duties, they are paid at least their normal rate; (iii) the applicant works a minimum of 30 hours per week at their normal rate; and (iv) the applicant works in the Aged, Residential Care or Disability Care industry. These instructions may also be applied to any work visa application under Essential Skills work instructions that has not been decided and was submitted before the effective date.","operativeDate":"2021-05-24","year":2021,"affectedGroup":"Essential skills and skilled migrant category applicants working in the aged, residential care or disability care industry","materialConditionsAndExceptions":"Validated condition or limit: Amends instructions SM6.20 and WK3.5.1 regarding the calculation of hourly remuneration by allowing certain hours worked overnight while sleeping to be excluded from hourly rate calculations for Essential Skills work visas and Skilled Migrant Category residence visas, provided that: (i) for any hours an applicant is sleeping, they are paid at or above the minimum wage; (ii) for any hours an applicant is required to perform their duties, they are paid at least their normal rate; (iii) the applicant works a minimum of 30 hours per week at their normal rate; These instructions may also be applied to any work visa application under Essential Skills work instructions that has not been decided and was submitted before the effective date.","policyCategory":"Labour migration","policyTool":"Remuneration / wage thresholds","sourceName":"Immigration New Zealand / Ministry of Business, Innovation and Employment (MBIE)","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2021-15.pdf","preciseCitation":"Immigration New Zealand, Operational Manual: Amendment Circular No. 2021-15, 19 May 2021.","evidencePassage":"Appendix 1: Amendments to Temporary Entry instructions effective on and after 24 May 2021 … Changes have been made to immigration instructions to remove certain hours worked overnight from the remuneration calculation for Essential Skills and Skilled Migrant Category visa applications. … Where an applicant is required to work overnight, but allowed to sleep during this time, any hours spent sleeping may be excluded from WK3.5.5(g) provided that: i. for any hours an applicant is sleeping, they are paid at or above the minimum wage; and ii. for any hours an applicant is required to perform their duties, they are paid at least their normal rate; and iii. the applicant works a minimum of 30 hours per week at their normal rate required by WK3.5.1; and iv. the applicant works in the Aged, Residential Care or Disability Care industry. … Despite E7.10(a), these instructions may be applied to any work visa application under Essential Skills work instructions that has not been decided and was submitted before the effective date. … the applicant works in the Aged, Residential Care or Disability Care industry.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-83e3120d40b477f00c19","countryCode":"NZ","country":"New Zealand","title":"Closure of Talent and Long Term Skill Shortage List Work Visas","policyEffect":"The Talent (Accredited Employer) Work Visa and the Long Term Skill Shortage List Work Visa were closed to new applications. This change retired these pathways to make way for the new unified Accredited Employer Work Visa framework.","operativeDate":"2021-10-31","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Work","policyTool":"Eligibility","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/work-to-residence-visas-closing-to-new-applications-on-31-october-2021","preciseCitation":"www.immigration.govt.nz. Closure of Talent and Long Term Skill Shortage List Work Visas. Effective 2021-10-31.","evidencePassage":"2021 Announcement Work to residence visas closing to new applications on 31 October 2021 Published 22 October 2021 Topics Work Supporting migrant employees Hiring workers The Talent (Accredited Employer) Work Visa and the Long Term Skill Shortage List Work Visa close to new applications on 31 October 2021 at 11:59pm. The Talent (Accredited Employer) Work Visa and the Long Term Skill Shortage List Work Visa will be replaced by the Accredited Employer Work Visa (AEWV), which is a new temporary work visa being introduced on 4 July 2022. If you already hold one of these visas you can continue on","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-a51a08a0c7c8fd141f9f","countryCode":"NZ","country":"New Zealand","title":"Restriction of Compassionate Border Entry Exceptions","policyEffect":"Amended border exception instructions under Critical Purpose Visas to specify that compassionate entry requires exceptional familial or medical grounds inside New Zealand, explicitly excluding general humanitarian crises occurring outside New Zealand from compassionate consideration.","operativeDate":"2021-11-29","year":2021,"affectedGroup":"People who meet compassionate entry requirements, or who hold a valid invitation to apply based on previous humanitarian requirements","materialConditionsAndExceptions":"Validated condition or limit: Amended border exception instructions under Critical Purpose Visas to specify that compassionate entry requires exceptional familial or medical grounds inside New Zealand, explicitly excluding general humanitarian crises occurring outside New Zealand from compassionate consideration.","policyCategory":"Border controls / humanitarian entry exceptions","policyTool":"Restrictive qualification criteria for border entry exceptions","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2021-56-1.pdf","preciseCitation":"","evidencePassage":"Appendix 1: Amendments to Restricted Temporary Entry instructions effective on and after 29 November 2021 … The compassionate entry exception criteria sets out exceptional family and medical-related reasons for travel, and confirms that a humanitarian crisis occurring outside of New Zealand is not relevant to the determination of a request to travel to New Zealand. … People who meet compassionate entry requirements, or who hold a valid invitation to apply based on previous humanitarian requirements (H5.30.25). … A person meets the compassionate entry requirements if there are exceptional circumstances of a familial (see H5.30.25.1) or medical (see H5.30.25.5) nature which make it critical for that person to urgently travel to and enter New Zealand specifically, over and above any other country. … When determining whether an applicant meets the compassionate entry requirements, factors that are not considered relevant include whether: i. the applicant has been affected by a humanitarian crisis occurring outside of New Zealand ii. an application, sponsorship registration, or Expression of Interest for a New Zealand visa has been made. … Where a person is applying on compassionate entry grounds because they require medical treatment in New Zealand, that person must have the support of the Ministry of Health or a District Health Board. Where the applicant can reasonably delay, or otherwise obtain treatment outside of New Zealand, an exception will not be granted.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-14a341d62ed862c9c601","countryCode":"NZ","country":"New Zealand","title":"Immigration Online Enhancements & Automated Electronic Decision-Making Instructions","policyEffect":"INZ implemented instructions to support the migration of visitor visa products to the enhanced Immigration Online system. This introduced provisions setting out circumstances where automated electronic processing and decision-making may determine that criteria are met to grant visitor visas under V2/V3 instructions or refer cases to manual officer assessment. It also created general processing instruction A16.3 under s26(4) of the Immigration Act 2009.","operativeDate":"2022-01-31","year":2022,"affectedGroup":"Visitor visa applicants","materialConditionsAndExceptions":"","policyCategory":"Visitor visas / visa processing","policyTool":"Automated electronic decision-making / processing instructions","sourceName":"Immigration New Zealand / Ministry of Business, Innovation and Employment (MBIE)","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2022-03.pdf","preciseCitation":"Immigration New Zealand Instructions: Amendment Circular No. 2022-03","evidencePassage":"Information about these changes is available on our website www.immigration.govt.nz. Description of changes A4.25 Medical and Chest X-ray Certificates: temporary entry class visa applications A21 Automated electronic decision making E7.2 Automated processing and granting V2.20 Funds or sponsorship requirements Changes have been made to immigration instructions to support the migration of visitor visa products from current processing systems to the Immigration Online system, once enhancements have been made (from 31 January 2022). These changes include provisions which set out the circumstances under which an electronic system may determine that requirements are met to grant a visitor visa under instructions at V2 and V3, and when consideration will be referred to an immigration officer. The changes also set out: • when sponsored persons or their sponsors must provide a relevant form and • that, where an online system does not require a Medical Certificate or Chest X-ray Certificate, an immigration officer may request one if it is required to determine whether the applicant is of an acceptable standard of health. A16.3 General Instructions on manner of processing visas A new general instruction has been created for immigration officers on the order and manner of processing of visa applications, under section 26(4) of the Immigration Act 2009. This general instruction sets out the manner in which immigration officers will process applications submitted once enhancements have been made to Immigration Online. The topics it covers include: • Performing activities assigned by the enhanced Immigration Online system. • Performing activities pertaining to final gathering of information, assessment and decision. • Pre-decision quality checks. 1 Appendix 1: Amendments to Temporary Entry instructions effective on and after 31 January 2022 2 A4.25 Medical and Chest X-ray Certificates: temporary entry class visa applications Applications for temporary entry class visas from applicants intending a stay in New Zealand of more than 12 months must include a completed Medical Certificate and a Chest X-ray Certificate (see A4.25(k)) which have been issued less than three months before the date the application is made, for every person included in the application, unless (c), (d) or (e) below apply. The Medical Certificate and Chest X-ray Certificate that may be required with a temporary … of the Immigration Act 2009 and acting under delegated authority from the Chief Executive of the Ministry of the Business, Innovation, and Employment, I give the following general instructions as to the manner of processing of visa applications using the Immigration Online system, effective from 31 January 2022 A16.3.10 Performing activities assigned by the enhanced Immigration Online system a. An immigration officer who is responsible for processing visas in the enhanced Immigration Online system will complete activities in the following manner: i. An officer will accept activities in the general","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-resident-phase2-early-20220221","countryCode":"NZ","country":"New Zealand","title":"Staged early access to the 2021 Resident Visa for eligible Phase 2 applicants","policyEffect":"From February 21, 2022, eligible Phase 2 applicants with a Skilled Migrant Category Expression of Interest in the pool submitted on or before September 29, 2021 could apply according to a staged schedule. The first cohort had submitted its Expression of Interest by April 30, 2020; later cohorts opened on successive dates through March 1. Applications lodged before the relevant cohort opening date had to be declined. Other 2021 Resident Visa eligibility requirements still applied.","operativeDate":"2022-02-21","year":2022,"affectedGroup":"Eligible phase 2 applicants with qualifying skilled migrant category expressions of interest in the pool","materialConditionsAndExceptions":"Validated condition or limit: From February 21, 2022, eligible Phase 2 applicants with a Skilled Migrant Category Expression of Interest in the pool submitted on or before September 29, 2021 could apply according to a staged schedule.; Applications lodged before the relevant cohort opening date had to be declined.; Other 2021 Resident Visa eligibility requirements still applied.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2022-07.pdf","preciseCitation":"S6.5.15; Appendix 1 commencement","evidencePassage":"ion about these changes is available on our website www.immigration.govt.nz. Description of changes A4.20 Medical and Chest X-ray Certificates: residence class visa applications S6.5 Applying for a 2021 Resident Visa S6.10 2021 Resident Visa Requirements U8.20 Dependent children of holders of work visas Changes have been made to the 2021 Resident Visa immigration instructions to: • allow people with a current Expression of Interest in the Skilled Migrant Category Pool, who were not eligible from 1 December, to apply from 21 February 2022; and • provide clarification of current eligibility requ … 5.10 Provision of evidence a. Applicants must provide sufficient evidence to demonstrate that: i. the principal and any non-principal applicants meet health and character requirements; and ii. the principal applicant meets the 2021 Resident Visa requirements set out in S6.10. b. An application must be declined if an immigration officer is not satisfied that sufficient evidence has been provided. S6.5.15 Early opening for some Phase 2 applicants a. The 2021 Resident Visa Category will open from 21 February 2022 for phase 2 applicants who have a Skilled Migrant Category Expression of Interest in … the Pool that was submitted on or before 29 September 2021, according to the table below: Submission date of Expression of Interest Date applications open Before or on 30 April 2020 Monday 21 February Between 1 May 2020 – 30 June 2020 Tuesday 22 February Between 1 July 2020 – 31 August 2020 Wednesday 23 February Between 1 September 2020 – 30 November 2020 Thursday 24 February Between 1 December 2020 – 28 February 2021 Friday 25 February Between 1 March 2021 – 31 March 2021 Saturday 26 February Between 1 April 2021 – 31 May 2021 Sunday 27 February Between 1 June 2021 – 31 July 2021 Monday 28 F … irements for holders of Critical Purpose Visas. Minor related updates to A4.20 and U8.20.1 have also been made. 1 Appendix 1: Amendments to Residence instructions effective on and after 21 February 2022 2 A4.20 Medical and Chest X-ray Certificates: residence class visa applications a. Applications for residence class visas must include, at the time the application is lodged, evidence that a Medical Certificate and Chest X-ray Certificate (INZ 1096) have been completed (see A4.20(f)) for every person included in the application. Note: Pregnant women and children under 11 years of age are not re","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-resident-phase2-general-20220301","countryCode":"NZ","country":"New Zealand","title":"General Phase 2 opening of the 2021 Resident Visa","policyEffect":"From March 1, 2022, the 2021 Resident Visa category opened generally to eligible Phase 2 applicants. Phase 2 comprised applicants outside the specified Phase 1 groups; some applicants with qualifying Skilled Migrant Category Expressions of Interest had received staged early access under S6.5.15. The opening enabled applications, subject to the category eligibility requirements, rather than automatic residence grants.","operativeDate":"2022-03-01","year":2022,"affectedGroup":"Eligible 2021 resident visa phase 2 applicants who did not already have access under the staged early-opening provisions","materialConditionsAndExceptions":"Validated condition or limit: From March 1, 2022, the 2021 Resident Visa category opened generally to eligible Phase 2 applicants.; The opening enabled applications, subject to the category eligibility requirements, rather than automatic residence grants.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2022-07.pdf","preciseCitation":"S6.5.1, S6.5.5 and S6.5.15; Circular 2022-10 implementation","evidencePassage":"is of an acceptable standard of health. Note: These instructions do not apply to people applying for a further residence class visa under RV2 or RV4. 4 S6.5 Applying for a 2021 Resident Visa S6.5.1 Opening and Closing Dates a. The 2021 Resident Visa Category will open on 1 December 2021 for phase 1 applicants. b. The 2021 Resident Visa Category will open on 1 March 2022 for phase 2 applicants, unless S6.5.15 applies. c. The 2021 Resident Visa Category will close on 31 July 2022 for all applicants and any applications received after this date will be declined. d. Applications must be made usin … b. Phase 2 applicants are all other applicants. c. Applications made between 1 December 2021 and 28 February 2022 (inclusive) must include the number of the application or Expression of Interest referenced in (a) above, or the Expression of Interest number referenced in S6.5.15(a) below. d. Applications made by a phase 2 applicant before 1 March 2022 must be declined, unless the applicant has applied in accordance with S6.5.15 below. Note: All applicants included in a Skilled Migrant Category or Residence from Work application, or Expression of Interest may qualify as a phase 1 applicant. S6. … g the approved online form provided on the Immigration New Zealand website, apart from applications from Dependent Children Aged 25 Years or Older (S6.10.10), which must be made using the approved paper form. S6.5.5 Phase 1 and Phase 2 Applicants a. Phase 1 applicants are those who, on 29 September 2021: i. had made an application for residence under the Skilled Migrant Category or a Residence from Work Category which had not been determined; or ii. had a Skilled Migrant Category Expression of Interest in the Pool which included a dependent child aged 17 years or older as at 29 September 2021.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-3107b6bd53fe4c336cde","countryCode":"NZ","country":"New Zealand","title":"Border Reconnection Step 3: Entry for Offshore Temporary Visa Holders, Australian Travelers, and Student Cohort 4 Border Exception","policyEffect":"Commenced Step 3 of the Reconnecting New Zealanders framework, reopening the border without managed isolation and quarantine (MIQ) requirements to offshore holders of valid temporary work and student visas who could satisfy visa travel conditions, Australian citizens and permanent residents, and border class exceptions for up to 5,000 international students for semester two (Cohort 4) and up to 250 Pacific Manaaki scholars. Phase scope: Step 3 of the 5-step Reconnecting New Zealanders border plan","operativeDate":"2022-04-12","year":2022,"affectedGroup":"Temporary visa holders, international students, pacific manaaki scholars, australian citizens and permanent residents","materialConditionsAndExceptions":"Validated condition or limit: Commenced Step 3 of the Reconnecting New Zealanders framework, reopening the border without managed isolation and quarantine (MIQ) requirements to offshore holders of valid temporary work and student visas who could satisfy visa travel conditions, Australian citizens and permanent residents, and border class exceptions for up to 5,000 international students for semester two (Cohort 4) and up to 250 Pacific Manaaki scholars.","policyCategory":"Border management / international students / temporary work","policyTool":"Quota / border class exception","sourceName":"Department of the Prime Minister and Cabinet","sourceUrl":"https://dpmc.govt.nz/sites/default/files/2023-01/Reconnecting-New-Zealanders-Further-Changes-to-International-Border-Settings.pdf","preciseCitation":"Department of the Prime Minister and Cabinet (DPMC), Cabinet Minute CAB-22-MIN-0072 / CAB-22-MIN-008 & CAB-22-MIN-0018","evidencePassage":"information: Circumstances of paper being considered by Cabinet - Timeline for related decisions: • 27 February: Report from the Strategic COVID-19 Public Health Advisory Group sent to Associate Minister for COVID-19 Response. • 28 February: Officials finalise briefing for Ministers’ consideration and matter considered by Cabinet as an “additional item”. Cabinet agreed: o fully vaccinated international arrivals to New Zealand will no longer be required to self-isolate on arrival or be in MIQ; o Ministers with Power to Act take decisions on unvaccinated travellers and any additional mitigations … domestic COVID-19 vaccination rates; o agreed to bring forward reopening to: Australian citizens and permanent residents arriving from anywhere in the world to align with Step 3, from 11.59 pm Tuesday 12 April 2022; and visa-waiver travellers and existing holders of valid visitor visas (both onshore and offshore) to commence from 11.59 pm Sunday 1 May 2022; and o the Prime Minister advised in her post-Cabinet press conference that further announcements would be made on RNZ reopening dates on Wednesday 16 March. • 16 March: the Prime Minister announces the 14 March Cabinet decisions. © Crown Copyright … remainder of Step 2, which includes opening visa applications for critical workers earning 1.5 times the median wage and Working Holiday Scheme visas from 11.59pm Sunday 13 March. 42 In addition, I do not propose any changes to the timing of Step 3 from 11.59pm Tuesday 12 April, which currently includes class exceptions for 5,000 students and up to 250 Pacific Manaaki scholars [CAB-22-MIN-008], along with existing holders of valid work and student visas (both onshore and offshore) [CAB-22-MIN-008 and d se CAB-22-MIN-0018]. This timing allows for a short interval between the NZTD’s go- live date of … student border class exception for up to 5,000 students for entry for el semester two; a class exception for up to 250 Pacific Manaaki scholars, to be nominated by MFAT’s Manaaki New Zealand Scholarship Programme; and existing holders of valid work and student visas (both onshore and offshore). Workforce class exceptions and other border exceptions will remain in place where needed until iv wider visa processing resumes, to ensure continued access to New Zealand. † Any future proposal to bring forward categories from Step 5 to Step 3 would require Cabinet decisions by 14 March 2022, owing to the lead","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-3bf2c7f9c6ac9f6e7a1e","countryCode":"NZ","country":"New Zealand","title":"2021 Resident Visa eligibility preserved for specified special-direction visa holders","policyEffect":"From May 9, 2022, the eligible-visa provisions for the 2021 Resident Visa included visas granted by ministerial special direction under section 61A with a start date of March 10 or May 9, 2022, provided the holder had held an eligible visa listed in S6.10.1(i) immediately beforehand. For consecutive special-direction visas starting on both dates, the prior-visa test looked back to the visa held before March 10. The category’s other eligibility requirements still applied.","operativeDate":"2022-05-09","year":2022,"affectedGroup":"2021 resident visa applicants holding specified march or may 2022 special-direction visas after qualifying eligible visas","materialConditionsAndExceptions":"Validated condition or limit: From May 9, 2022, the eligible-visa provisions for the 2021 Resident Visa included visas granted by ministerial special direction under section 61A with a start date of March 10 or May 9, 2022, provided the holder had held an eligible visa listed in S6.10.1(i) immediately beforehand.; For consecutive special-direction visas starting on both dates, the prior-visa test looked back to the visa held before March 10.; The category’s other eligibility requirements still applied.","policyCategory":"Migration policy","policyTool":"","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2022-27.pdf","preciseCitation":"Circular 2022-27, S6.10.1(iv), Appendix 1 effective May 9","evidencePassage":"Information about these changes is available on our website www.immigration.govt.nz. Description of changes S6.10.1 Holders of an eligible visa Changes have been made to the eligible visa list in 2021 Resident Visa instructions (S6.10.1) to include a visa granted by special direction in March 2022 or May 2022 where the applicant held one of the other eligible visas immediately prior to being granted the visa by special direction. S6.10.5 People granted a Critical Purpose Visa Changes have been made to provide clarity to the 2021 Resident Visa instructions that outline eligibility requirements … direction by the Minister of Immigration under section 61A of the Immigration Act 2009, where that visa has a start date of either 10 March 2022 or 9 May 2022, provided that they held a visa listed in (i) above immediately prior to the visa granted by special direction. o For the purposes of (iv), where a person has been granted two consecutive visas by special direction by the Minister of Immigration, and those visas had start dates of 10 March 2022 and 9 May 2022 respectively, the visa held immediately prior to the visa granted by special direction is considered to be the visa held immediat … ely prior to the visa with a start date of 10 March 2022. An applicant must also, on 29 September 2021, have met Settled, Skilled or Scarce criteria and: i. held an eligible visa in (a) above; or ii. had made an application or request for reconsideration for an eligible visa in (a)(i) that was subsequently granted. An applicant must have been in New Zealand on 29 September 2021. Despite (c) above, an applicant who was in Australia on 29 September 2021 and departed New Zealand for Australia between 6 April 2021 and 23 July 2021 (inclusive) is eligible to be considered for a 2021 Resident Visa. … 13 May 2022 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2022-27 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments and operate in accordance with the amended instructions in Appendix 1 on and after 9 May 2022. Note The amendments described in this circular will be published in the Immigration New Zealand Operational Manual in due course. … major infrastructure project and in which they earn at least the median salary ($27 per hour). 1 Appendix 1: Amendments to residence instructions effective from 9 May 2022 2 S6.10 2021 Resident Visa Requirements a. An application under the 2021 Resident Visa Category will be approved if an immigration officer is satisfied that: i. the principal applicant and family members included in the application meet requirements for health (A4) and character (A5); and ii. the principal applicant did not make an application in phase 1 when they are a phase 2 applicant (S6.5.5(d)), unless S6.5.15 applies;","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-78ec6fd38c04319ce775","countryCode":"NZ","country":"New Zealand","title":"Operational Manual Amendments to Refugee Family Support Category & Duration of Sponsorship (Amendment Circular No. 2022-38)","policyEffect":"Amendments to immigration instructions S4.10 (Refugee Family Support Category) and R4.20 (Duration of sponsorship period). Sets the annual RFSC places at 600 per year (from 1 July to 30 June) and updates registration rules for Tier 1 and Tier 2 queues. Amends general residence instructions (R4.20) to reflect section 55(2A) of the Immigration Act 2009 by clarifying that sponsorship undertakings for residence class visas must specify a duration not exceeding 10 years.","operativeDate":"2022-07-01","year":2022,"affectedGroup":"Refugees / family reunification","materialConditionsAndExceptions":"Validated condition or limit: Amends general residence instructions (R4.20) to reflect section 55(2A) of the Immigration Act 2009 by clarifying that sponsorship undertakings for residence class visas must specify a duration not exceeding 10 years.","policyCategory":"Humanitarian / refugees / family reunification","policyTool":"Selection criteria / sponsorship obligation rules / quota settings","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2022-38.pdf","preciseCitation":"Immigration New Zealand, Amendment Circular No. 2022-38: Amendments to the Immigration New Zealand Operational Manual, 8 July 2022.","evidencePassage":"about these changes is available on our website www.immigration.govt.nz. Description of changes R4.20 Duration of sponsorship period S4.10 Refugee Family Support Category Changes have been made to immigration instructions to implement policy changes under the Refugee Family Support Category (RFSC) and a minor amendment under residence instructions to clarify that sponsorship obligations are subject to a maximum duration of up to ten years to reflect section 55(2A) of the Immigration Act 2009. 1 Appendix 1: Amendments to Residence instructions effective from 1 July 2022 2 R4.20 Duration of sponsorship period a. The responsibility of the sponsor to meet their undertakings remains in place from the date the sponsored person arrives in New Zealand, or if they are already onshore, from the date the visa with sponsorship conditions is granted, until the earliest of: i. the date the person sponsored is granted a new visa with a new sponsor or no sponsorship requirement; or ii. the date at the end of the duration stipulated in the category under which the person received their visa; or iii. the date the sponsored person is deported from New Zealand. b. Resident visas subject to sponsorship … must specify a duration of sponsorship that does not exceed 10 years. 3 S4.10 Refugee Family Support Category S4.10.1 Objective The objective of the Refugee Family Support Category (RFSC) is to facilitate the successful resettlement of refugees and protected people resident in New Zealand by providing them with an opportunity to sponsor family members who do not qualify for residence under any other category of residence instructions. S4.10.5 Number of places available under RFSC a. The number of places available for sponsored persons under RFSC (including any family members included in their … registration) is set at 600 per year. b. For the purposes of these instructions, a year consists of the 12-month period from 1 July to 30 June. S4.10.10 How do people qualify for residence under the RFSC? A principal applicant and their partner and dependent children qualify for residence under the RFSC if their sponsor’s registration is selected from the RFSC queues under tier one (see S4.10.30) or tier two (see S4.10.40); and i. they are not eligible for a residence class visa in New Zealand under any other category of Government residence instructions; and ii. they meet health and character … interpreter are people who have worked with the New Zealand Defence Force, the New Zealand Police or the New Zealand Special Air Service (SAS) in Afghanistan and were granted a residence class visa by the Minister of Immigration as an exception to instructions under section 72(3) of the Immigration Act 2009. 4 S4.10.20 Two tier registration system for sponsors a. Registrations from tier one sponsors (see (e) below) will be given first access to available places under RFSC by entry into the tier one queue. b. Registrations will be selected from the tier one queue in order of their entry to that queue … until the annual number of places available under RFSC is met. c. If the places available annually under RFSC are not filled by people included in tier one registrations selected from the queue, registrations required to fill the remaining places will be selected from the tier two queue. d. If the places available annually under RFSC are not filled by people included in tier one registrations and the registrations in the tier two queue are insufficient to fill the remaining quota of places, INZ will call for tier two sponsors to submit registrations (see S4.10.20(g) and S4.10.35 below). e. A","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-c9e8e2e07e42a6ceb07d","countryCode":"NZ","country":"New Zealand","title":"Refugee Family Support registration, visa fees and immigration levy waived","policyEffect":"From July 1, 2022, New Zealand removed the prescribed Refugee Family Support Category registration fee and residence-class visa application fee, and exempted visa applicants under that category from the immigration levy.","operativeDate":"2022-07-01","year":2022,"affectedGroup":"Refugee family support category registrants and visa applicants","materialConditionsAndExceptions":"Validated condition or limit: From July 1, 2022, New Zealand removed the prescribed Refugee Family Support Category registration fee and residence-class visa application fee, and exempted visa applicants under that category from the immigration levy.","policyCategory":"Humanitarian / refugee family support / fees and levy","policyTool":"Fee and levy waiver","sourceName":"New Zealand Legislation / Parliamentary Counsel Office","sourceUrl":"https://www.legislation.govt.nz/secondary-legislation/pco-drafted/2022/203/en/latest","preciseCitation":"Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 2) 2022 (SL 2022/203)","evidencePassage":"n Regulations 1 Title These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 2) 2022. 2 Commencement (1) Regulations 1 to 5 and 7 come into force on 1 July 2022. (2) The rest of these regulations come into force at 11.59 pm on 31 July 2022. 3 Principal regulations These regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010. 4 Regulation 26AA amended (Prescribed fees (not imposed elsewhere by these regulations)) Revoke regulation 26AA(g). 5 Schedule 4 amended (1) In Schedule 4, under the heading Re … sidence class visa, revoke the item relating to Residence class visa application—Refugee Family Support Category. (2) In Schedule 4, under the heading Other matters—general, revoke the item relating to Registration under Refugee Family Support Category. 6 Schedule 4 replaced Replace Schedule 4 with the Schedule 4 set out in Schedule 1 of these regulations. 7 Schedule 5 amended In Schedule 5, after item 12, insert: 13 A person who is applying for a visa under the Refugee Family Support Category immigration instructions. 8 Schedule 6 replaced Replace Schedule 6 with the Schedule 6 set out in Sch … ael Webster,Clerk of the Executive Council. Explanatory note This note is not part of the regulations, but is intended to indicate their general effect. These regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the principal regulations). Regulations 4, 5, and 7, which come into force on 1 July 2022, exempt residence class visa applicants under the Refugee Family Support Category from being charged fees or an immigration levy under the principal regulations. Regulations 6 and 8 and Schedules 1 and 2, which come into force at 11.59 pm on 31 July 202","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-f8ef0e43ef4e7474ea89","countryCode":"NZ","country":"New Zealand","title":"Offshore visa-application exception extended to families of work-visa applicants","policyEffect":"From July 4, 2022, spouses, partners and dependent children of work-visa applicants were added to the exceptions from New Zealand’s temporary suspension on offshore temporary-entry visa applications. This removed the application suspension for those family applicants; it did not itself grant them visas.","operativeDate":"2022-07-04","year":2022,"affectedGroup":"Offshore spouses, partners and dependent children of work-visa applicants","materialConditionsAndExceptions":"","policyCategory":"Family reunification / dependents / work visas / border reopening","policyTool":"Secondary legislation (order in council / regulation)","sourceName":"New Zealand Legislation / Parliamentary Counsel Office","sourceUrl":"https://www.legislation.govt.nz/regulation/public/2022/0204/latest/contents.html","preciseCitation":"Immigration (Visa, Entry Permission, and Related Matters) Amendment (COVID-19—Applications) Regulations (No 3) 2022 (SL 2022/204)","evidencePassage":"The amendment to regulation 9A relaxes the suspension by introducing a new exception for spouses, partners, and dependent children of work visa applicants. … These regulations come into force on 4 July 2022. … introducing a new exception for spouses, partners, and dependent children of work visa applicants … After regulation 9A(1) (a) (ii), insert: (iii) a person who is applying for a work visa; or","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-fee-levy-schedule-20220731","countryCode":"NZ","country":"New Zealand","title":"Immigration fee and levy schedules revised","policyEffect":"At 11:59 pm on July 31, 2022, New Zealand replaced the prescribed immigration-fee schedule and amended the immigration-levy schedule. The revised schedules changed charges across visa categories and immigration services. They also removed the fee for student-visa applications submitted by an education provider, a channel that had been discontinued.","operativeDate":"2022-07-31","year":2022,"affectedGroup":"Visa applicants and other payers of prescribed immigration fees and levies","materialConditionsAndExceptions":"Validated condition or limit: At 11:59 pm on July 31, 2022, New Zealand replaced the prescribed immigration-fee schedule and amended the immigration-levy schedule.; They also removed the fee for student-visa applications submitted by an education provider, a channel that had been discontinued.","policyCategory":"Administration / visa fees / immigration levy","policyTool":"Prescribed fee and levy schedule changes","sourceName":"New Zealand Legislation / Parliamentary Counsel Office","sourceUrl":"https://www.legislation.govt.nz/secondary-legislation/pco-drafted/2022/203/en/latest","preciseCitation":"Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 2) 2022 (SL 2022/203)","evidencePassage":"rmission, and Related Matters) Amendment Regulations (No 2) 2022 Full view Section view Revoked sections and history notes Download this version (PDF 366 KB) Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 2) 2022 Hide navigation Contents Regulations 1 Title 2 Commencement 3 Principal regulations 4 Regulation 26AA amended (Prescribed fees (not imposed elsewhere by these regulations)) 5 Schedule 4 amended 6 Schedule 4 replaced 7 Schedule 5 amended 8 Schedule 6 replaced Schedule 1 Schedule 4 replaced Schedule 2 Schedule 6 replaced Explanatory note Promulgation … Show navigation Hide navigation Contents Regulations 1 Title 2 Commencement 3 Principal regulations 4 Regulation 26AA amended (Prescribed fees (not imposed elsewhere by these regulations)) 5 Schedule 4 amended 6 Schedule 4 replaced 7 Schedule 5 amended 8 Schedule 6 replaced Schedule 1 Schedule 4 replaced Schedule 2 Schedule 6 replaced Explanatory note Promulgation 2022/203 Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 2) 2022 Cindy Kiro, Governor-General Order in Council At Wellington this 27th day of June 2022 Present:Her Excellency the Governor-General … sidence class visa, revoke the item relating to Residence class visa application—Refugee Family Support Category. (2) In Schedule 4, under the heading Other matters—general, revoke the item relating to Registration under Refugee Family Support Category. 6 Schedule 4 replaced Replace Schedule 4 with the Schedule 4 set out in Schedule 1 of these regulations. 7 Schedule 5 amended In Schedule 5, after item 12, insert: 13 A person who is applying for a visa under the Refugee Family Support Category immigration instructions. 8 Schedule 6 replaced Replace Schedule 6 with the Schedule 6 set out in Sch … ael Webster,Clerk of the Executive Council. Explanatory note This note is not part of the regulations, but is intended to indicate their general effect. These regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the principal regulations). Regulations 4, 5, and 7, which come into force on 1 July 2022, exempt residence class visa applicants under the Refugee Family Support Category from being charged fees or an immigration levy under the principal regulations. Regulations 6 and 8 and Schedules 1 and 2, which come into force at 11.59 pm on 31 July 202 … 2, alter the level of fees and immigration levy payable under the principal regulations. They also remove the fee for a Temporary visa application—student visa (submitted by education provider), as the application channel to which that fee relates has been discontinued. Cost recovery impact statement The Ministry of Business, Innovation, and Employment produced a cost recovery impact statement on 7 April 2022 to help inform the decisions taken by the Government relating to the contents of this instrument. A copy of this cost recovery impact statement can be found at— https://www.mbie.govt.nz/d … n Regulations 1 Title These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 2) 2022. 2 Commencement (1) Regulations 1 to 5 and 7 come into force on 1 July 2022. (2) The rest of these regulations come into force at 11.59 pm on 31 July 2022. 3 Principal regulations These regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010. 4 Regulation 26AA amended (Prescribed fees (not imposed elsewhere by these regulations)) Revoke regulation 26AA(g). 5 Schedule 4 amended (1) In Schedule 4, under the heading Re","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-91e54301cabb1157e5b0","countryCode":"NZ","country":"New Zealand","title":"Operational Commencement of the Green List \"Straight to Residence\" Resident Visa","policyEffect":"Under the Immigration Rebalance framework, the Green List \"Straight to Residence\" pathway opened for resident visa applications. Eligible migrants working in Tier 1 Green List occupations (or holding an offer of employment from an accredited employer) can apply directly for New Zealand permanent residency without the previous two-year waiting period required for Tier 2 roles.","operativeDate":"2022-09-05","year":2022,"affectedGroup":"Highly skilled migrants (tier 1 green list)","materialConditionsAndExceptions":"Validated condition or limit: Eligible migrants working in Tier 1 Green List occupations (or holding an offer of employment from an accredited employer) can apply directly for New Zealand permanent residency without the previous two-year waiting period required for Tier 2 roles.","policyCategory":"Fast-track permanent residence","policyTool":"Fast-track permanent residence","sourceName":"beehive.govt.nz","sourceUrl":"https://www.beehive.govt.nz/release/government-supports-new-skilled-residence-pathways","preciseCitation":"New Zealand Government, Hon Michael Wood, Government supports new skilled residence pathways, Beehive Ministerial Release, 27 July 2022.","evidencePassage":"ManufacturingSocial Development and EmploymentSocial InvestmentSouth IslandSpaceSport and RecreationState Owned EnterprisesStatisticsTertiary EducationTourism and HospitalityTrade and InvestmentTransportTreaty of Waitangi NegotiationsVeteransWhānau OraWomenWorkplace Relations and SafetyYouth Go View all Portfolios Search Search Home Releases Releases Share thisTwitter Facebook Linkedin Email 27 July 2022 Government supports new skilled residence pathways Hon Michael Wood Immigration Three new residence pathways: Straight to residence Work to residence Highly paid - 'twice the median wage’ Straight to … residence pathway will be ready for people to apply for from 5 September 2022. Work to Residence and Highly Paid pathways will be available for people to apply in September 2023. The implementation of the Government’s immigration rebalance is progressing well, with details released today on how highly skilled migrants, including those with roles on the Green List, can apply to gain residence once they have arrived in New Zealand, Michael Wood announced today. “The Government is focused on helping to address shortages in highly skilled areas and speeding up our economic growth. Key to this is … having clear pathways that migrants can use to gain residency,” Michael Wood said. “From 5 September, skilled workers in specified occupations will be able to apply for the Straight to Residence pathway. Skilled migrants on the ‘Work to Residence’ and ‘Highly Paid’ resident pathways will be able to apply from 29 September 2023, once they have obtained 24 months of acceptable work in New Zealand. “The Green List covers areas where New Zealand has a skills shortage and these pathways will incentivise and attract high skilled migrants to New Zealand, by providing a new streamlined process to achieve … to Residence and Work to Residence Pathways The main requirement for both Green List pathways is the need to have a job in, or job offer for, one of the Green List occupations and meet the specified requirements on the list for the said occupation. The employment or offer of employment must also be full-time (at least 30 hours per week), genuine, and be permanent or for at least a 12-month fixed term contract. The Straight to Residence visa provides a straight to residence pathway. Eligible migrants employed in these occupations can come to New Zealand on a work visa from 4 July and apply for … residence from 5 September 2022. From 5 September 2022 residence can also be applied for directly from offshore. Contractors are eligible for the Green List Straight to Residence pathway, provided applicants meet some additional criteria. The Work to Residence visa differs as the applicant must also demonstrate they have at least 24 months of acceptable work in New Zealand. Acceptable work means having worked in an occupation on the Green List and meeting the specified requirements for that occupation for the duration of the 24 month period. This work in New Zealand can only be claimed on or after","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-68f61dfe68224e814fb7","countryCode":"NZ","country":"New Zealand","title":"Annual Cap Increase for the Recognised Seasonal Employer (RSE) Scheme","policyEffect":"The Government approved a 3,000-place increase to the Recognised Seasonal Employer cap, expanding the total seasonal quota from 16,000 to 19,000 places for the 2022/2023 season to alleviate acute horticulture and viticulture labour shortages.","operativeDate":"2022-09-27","year":2022,"affectedGroup":"Seasonal agricultural workers (pacific pacific-focused rse)","materialConditionsAndExceptions":"Validated condition or limit: The Government approved a 3,000-place increase to the Recognised Seasonal Employer cap, expanding the total seasonal quota from 16,000 to 19,000 places for the 2022/2023 season to alleviate acute horticulture and viticulture labour shortages.","policyCategory":"Quota increase","policyTool":"Quota increase","sourceName":"beehive.govt.nz","sourceUrl":"https://www.beehive.govt.nz/release/3000-more-rse-workers-ease-workforce-pressures","preciseCitation":"New Zealand Government, Hon Michael Wood & Hon Damien O'Connor, 3000 more RSE workers to ease workforce pressures, Beehive Ministerial Release, 27 September 2022.","evidencePassage":"ManufacturingSocial Development and EmploymentSocial InvestmentSouth IslandSpaceSport and RecreationState Owned EnterprisesStatisticsTertiary EducationTourism and HospitalityTrade and InvestmentTransportTreaty of Waitangi NegotiationsVeteransWhānau OraWomenWorkplace Relations and SafetyYouth Go View all Portfolios Search Search Home Releases Releases Share thisTwitter Facebook Linkedin Email 27 September 2022 3000 more RSE workers to ease workforce pressures Hon Damien O'Connor Hon Michael Wood Agriculture Immigration The Government continues to respond to global workforce shortages by announcing the … largest increase in over a decade to the Recognised Seasonal Employer Scheme (RSE), providing 3000 additional places, Immigration Minister Michael Wood and Agriculture Minister Damien O’Connor have announced. The new RSE cap will allow access to 19,000 workers annually from participating Pacific countries, providing workforce relief to the horticulture and wine sector. “The additional 3,000 places, is a 19 percent increase on the previous season, and acknowledges the industry’s current needs based on strong growth, and the lower number of working holiday makers onshore right now,” Michael Wood","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-4e063c02381b33ab1ec5","countryCode":"NZ","country":"New Zealand","title":"Restart and Policy Restructuring of the Parent Resident Visa Category","policyEffect":"Restarted the Parent Resident Visa category with lower income requirements for sponsors (1.5 times the median wage), allowed two adult children to combine income for sponsorship, increased the annual cap from 1,000 to 2,500 visas, and introduced a ballot selection system alongside a queue for existing EOIs. Phase scope: Immediate restart on 12 October 2022; EOI queue selection resumed 14 November 2022.","operativeDate":"2022-10-12","year":2022,"affectedGroup":"Family members","materialConditionsAndExceptions":"","policyCategory":"Family reunification","policyTool":"Quota and eligibility","sourceName":"Immigration New Zealand News Centre","sourceUrl":"https://immigration.govt.nz/about-us/news-centre/parent-resident-visa-restarts","preciseCitation":"Immigration New Zealand, 'Parent Resident Visa restarts', 12 October 2022.","evidencePassage":"The Parent Resident Visa restarts on 12 October 2022 with reduced requirements for sponsors. We resume selecting existing expressions of interest (EOIs) on 14 November 2022. We are increasing the number of visas available each year from 1000 to 2500. Changes for sponsors We are lowering the income requirements for sponsors and allowing 2 adult children, rather than just an adult child and their partner, to combine their income to sponsor parents. A sponsor now needs to earn 1.5 times the New Zealand median wage rather than twice the median wage. This limit increases by half the median wage for each joint sponsor or additional parent. These new requirements apply to existing expressions of interest and those we receive from 12 October 2022.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4df945b2f950fef7a84e","countryCode":"NZ","country":"New Zealand","title":"Adoption of Updated Annual Median Wage Threshold ($29.66/hour)","policyEffect":"Increased the baseline median wage requirement across temporary and residence visa streams (including the Accredited Employer Work Visa, sector agreements, and Green List pathways) from NZD $27.76 to NZD $29.66 per hour.","operativeDate":"2023-02-27","year":2023,"affectedGroup":"Temporary migrant workers & skilled applicants","materialConditionsAndExceptions":"Validated condition or limit: Increased the baseline median wage requirement across temporary and residence visa streams (including the Accredited Employer Work Visa, sector agreements, and Green List pathways) from NZD $27.76 to NZD $29.66 per hour.","policyCategory":"Work authorization / labor migration","policyTool":"Wage threshold / indexation","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/new-median-wage-will-apply-from-27-february-2023","preciseCitation":"","evidencePassage":"The new median wage of NZD $29.66 an hour will come into effect on 27 February 2023. This means that most wage thresholds indexed to the median wage will also be updated. … These include the wage thresholds in: Sector agreements Green List Highly paid work to residence pathway Skilled Migrant category. … Visa applications that were submitted before the wage thresholds increased can be approved based on the old thresholds. … For the AEWV, migrants must meet the wage threshold in place at the time they apply for their visa — this may be higher than the pay range approved in the job check. If the pay range approved in the job check is below the new wage threshold, the job check can still be used to support a visa application — the employer does not need to advertise again or submit a new job check — but the applicant will need to be paid at the new threshold.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-489428c4de4ceb3e9767","countryCode":"NZ","country":"New Zealand","title":"Expansion of the Victims of Family Violence Work Visa Access","policyEffect":"Expanded eligibility for the Victims of Family Violence Work Visa (a 6-month open work visa) to include holders of partner-based temporary visas linked to temporary migrant workers, who were previously excluded.","operativeDate":"2023-02-28","year":2023,"affectedGroup":"Migrant victims of domestic violence on partner visas","materialConditionsAndExceptions":"Validated condition or limit: Expanded eligibility for the Victims of Family Violence Work Visa (a 6-month open work visa) to include holders of partner-based temporary visas linked to temporary migrant workers, who were previously excluded.","policyCategory":"Humanitarian / protection / work authorization","policyTool":"Specialized temporary open work visa","sourceName":"New Zealand Government (Beehive)","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/strengthened-protections-and-improved-processes-for-partners-of-migrant-workers","preciseCitation":"Beehive (Minister of Immigration), Release: New protections for migrant workers and partners, 28 February 2023.; New Zealand Government / Immigration New Zealand, Amendment Circular No. 2023-04: Expansion of Victims of Family Violence Visa Eligibility, 28 February 2023; Beehive Ministerial Release, Strengthened protections and improved processes for partners of migrant workers, 28 February 2023.","evidencePassage":"partners of migrant workers Announcement Strengthened protections and improved processes for partners of migrant workers Published 28 February 2023 Topics Join or bring family Supporting migrant employees Immigration rules and processes The Minister of Immigration has announced changes to the eligibility for victims of Family Violence Work Visas, as well as changes for partners of temporary work visa holders. The Minister of Immigration announced today changes to the eligibility of Victims of Family Violence work visas will come into effect from 28 February 2023, and changes to partners of temporary work visa holders will come into effect from 31 May 2023. Changes to the eligibility of Victims of Family Violence work visas Access to the Victims of Family Violence work visa will be expanded to include people who are on partner-based visas that are linked to temporary migrants. The Victims of Family Violence work visa allows eligible applicants a six-month open work visa where there is a family violence situation, and this visa will be granted independently, and won’t depend on their partnership. These changes will be in effect from 28 February 2023. Victims of Family Violence Work Visa","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-976235a3489bb5c7e20f","countryCode":"NZ","country":"New Zealand","title":"Implementation of Transport Sector Agreement Median Wage Exemption for Bus Drivers","policyEffect":"Implemented the Accredited Employer Work Visa (AEWV) wage exemption under the Transport Sector Agreement, allowing accredited employers to recruit eligible bus drivers at a minimum wage rate of NZD $28.00 per hour (below the standard median wage threshold of $29.66/hr), provided the operators have signed the All Parties MoU or provide Ministry of Education-funded school bus services.","operativeDate":"2023-04-26","year":2023,"affectedGroup":"Bus drivers / public transport workers","materialConditionsAndExceptions":"Validated condition or limit: Implemented the Accredited Employer Work Visa (AEWV) wage exemption under the Transport Sector Agreement, allowing accredited employers to recruit eligible bus drivers at a minimum wage rate of NZD $28.00 per hour (below the standard median wage threshold of $29.66/hr), provided the operators have signed the All Parties MoU or provide Ministry of Education-funded school bus services.","policyCategory":"Labour migration","policyTool":"Wage thresholds / sector agreements","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/transport-sector-agreement-details-and-other-green-list-roles-confirmed","preciseCitation":"Immigration New Zealand, News & Notifications, Details of Transport Sector Agreement confirmed, 26 April 2023.","evidencePassage":"will provide certainty to Aotearoa New Zealand, in particular those who rely on buses and ferries as public transport options, and businesses that rely on freight movement,” Karen Bishop said. “Under the sector agreement, eligible bus drivers, truck drivers, ship’s masters (skippers) and deck hands will have a 2-year work to residence pathway. The agreement will be uncapped and will be reviewed after 12 months. “Employers can use the Accredited Employer Work Visa to recruit suitably qualified drivers, with eligible bus driving roles exempt from paying the median wage of $29.66 an hour. “From 26 April, eligible employers can recruit bus drivers under the Accredited Employer Work Visa at a minimum of $28 an hour. “To be eligible for the median wage exemption and 2-year residence pathway, the Minister agreed that all bus operators must have signed an All Parties Memorandum of Understanding on Improving Driver Terms and Conditions for public transport services, or be providing Ministry of Education-funded school bus services. “From 29 September 2023, people who have completed 2 years working in an occupation covered by the sector agreement will be able to apply for residence. “Eligibility","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0b0b95754f51c30ed04c","countryCode":"NZ","country":"New Zealand","title":"Update to Parent Category Sponsor Minimum Income Thresholds","policyEffect":"Updated the minimum income thresholds required for sponsors in the Parent Category Resident Visa (Operational Manual instruction F4.35) based on the median wage of NZD $29.66 per hour ($61,692.80 p.a.), establishing the baseline single sponsor requirement for one parent at NZD $92,539.20 (1.5x median wage).","operativeDate":"2023-05-01","year":2023,"affectedGroup":"Parents of nz citizens/residents","materialConditionsAndExceptions":"Validated condition or limit: Updated the minimum income thresholds required for sponsors in the Parent Category Resident Visa (Operational Manual instruction F4.35) based on the median wage of NZD $29.66 per hour ($61,692.80 p.a.), establishing the baseline single sponsor requirement for one parent at NZD $92,539.20 (1.5x median wage).","policyCategory":"Family reunification / permanent residence","policyTool":"Income thresholds / sponsorship requirements","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/opsmanual/81674.htm","preciseCitation":"Immigration New Zealand Operational Manual, F4.35 Sponsorship Requirements (01/05/2023).","evidencePassage":"has been living with the sponsoring adult child for a period of at least 12 months in a partnership that is genuine and stable (see F2.10.1); and they meet the requirements for the recognition of a partnership set out at F2.15. F4.35.5.1 Minimum income thresholds The minimum income threshold for sponsors under the Parent Category is based on the following and is set out in the tables at (b) and (c) below: 1.5 times the median income if sponsoring a single parent; and an additional 0.5 times the median income for each additional parent sponsored; and an additional 0.5 times the median income (combined) if two people are acting as sponsors. Minimum income thresholds for one sponsor: Number of Parents Effective date Median income 1 2 3 4 5 6 1 May 2023 onwards $61,692.80 $92,539.20 $123,385.60 $154,232 $185,078.40 $215,924.80 $246,771.20 1 January 2022 to 30 April 2023 $57,740.80 $86,611.20 $115,481.60 $144,352 $173,222.40 $ 202,092.80 $230,963.20 1 January to 31 December 2021 $56,160.00 $ 84,240 $ 112,320 $ 140,400 $ 168,480 $ 196,560 $224,640 1 January to 31 December 2020 $53,040.00 $ 79,560 $ 106,080 $ 132,600 $ 159,120 $ 185,640 $ 212,160 Minimum income thresholds for two (joint) sponsors … instructions in place before 7 October 2019, but that partner did not act as a sponsor, this is not considered ‘sponsorship’ for the purposes of these instructions. Effective 01/05/2023 PREVIOUS IMMIGRATION INSTRUCTIONS F4.35 Sponsorship Requirements (28/02/2025) F4.35 Sponsorship Requirements (25/07/2024) F4.35 Sponsorship Requirements (28/02/2024) F4.35 Sponsorship Requirements (27/02/2023) F4.35 Sponsorship Requirements (12/10/2022) F4.35 Sponsorship Requirements (24/02/2020)","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ad421d2430dc051169c9","countryCode":"NZ","country":"New Zealand","title":"Implementation of Conditioned Partner Work Rights","policyEffect":"Replaced open work rights for partners of most temporary migrant workers (holding Accredited Employer Work Visas or Essential Skills Work Visas) with conditioned work rights requiring employment with an accredited employer and pay at or above the median wage, while preserving open work rights for partners of Green List workers or high earners (≥2x median wage).","operativeDate":"2023-05-31","year":2023,"affectedGroup":"Spouses/partners of temporary work visa holders","materialConditionsAndExceptions":"","policyCategory":"Work authorization / family migration","policyTool":"Employment restrictions on dependent visas","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/strengthened-protections-and-improved-processes-for-partners-of-migrant-workers","preciseCitation":"Immigration New Zealand Operational Instructions, Partner of a Worker Work Visa Policy, effective 31 May 2023.; Immigration New Zealand, Operational Updates & Policy Circulars, Changes to Partner of a Worker Work Visa, 31 May 2023.","evidencePassage":"Changes to partner work visas Changes to partners of temporary work visa holders is part of the wider immigration Rebalance, which is aimed at supporting a higher-productivity, higher-wage economy. These changes mean that most partners of temporary migrant workers who hold an Accredited Employer Work Visa (AEWV) and Essential Skills Work Visa (ESWV) will have visa conditions which state they must work for an Accredited Employer in any role and be paid at least median wage (or the applicable threshold if the role is covered by a sector agreement). AEWV holders who are earning twice the median wage or in a Green List role will still be able to sponsor their partners for open work rights. Partners who do not wish to work can apply to come to New Zealand on Visitor Visas. These changes will be in effect from 31 May 2023. More information is available on the Beehive website and our website. Strengthened protections and improved processes for partners of migrant workers — Beehive.govt.nz Bringing family if you have a work visa Visa lookup Search for a visa Find and compare visas Visit Work Study Live All visas Popular information Contact us Residence Checking your application Applying for","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-mobile-application-channel-20230621","countryCode":"NZ","country":"New Zealand","title":"Official mobile-app channel enabled for online immigration applications","policyEffect":"From June 21, 2023, immigration applications that could or had to be made online under regulations 23A and 23AA could use electronic forms in an official mobile application as an alternative to the existing website channel. The mobile application had to be made available and maintained by or on behalf of the Department. The change applied where electronic forms were provided for the relevant application; it did not require every immigration application to be made online.","operativeDate":"2023-06-21","year":2023,"affectedGroup":"People making eligible immigration applications online under regulations 23a and 23aa","materialConditionsAndExceptions":"","policyCategory":"Border control","policyTool":"Administrative procedures","sourceName":"New Zealand Legislation / Parliamentary Counsel Office","sourceUrl":"https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/whole.html","preciseCitation":"Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2023 (SL 2023/77)","evidencePassage":"gulation 23AA(3)](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM6682179#DLM6682179) with: (3) This regulation applies in respect of an application that the chief executive requires to be made online. (2) Replace [regulation 23AA(4)](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM6682179#DLM6682179) with: (4) The application must be made— ##### (a) by means of one of the following that is made available and maintained by or on behalf of the Department for that purpose: ##### (i) an Internet site; or ##### (ii) a so … ftware application that is designed to be used on a mobile device; and ##### (b) using an electronic form provided on the Internet site or the software application for the purpose. (3) In [regulation 23AA(5) (a)](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM6682179#DLM6682179), after \"“English”\", insert \"“(except as provided in subclause (5D) (b))”\". (4) In [regulation 23AA(5) (h)](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM6682179#DLM6682179), after \"“agree”\", insert \"“(except as provided in subclause (5D) ( … any other language enabled by the electronic form referred to in subclause (4) (b); and ##### (c) subclause (5) (h) does not apply. ##### 8 Regulation 23A amended (Applications that may be made online) (1) Replace [regulation 23A(1) to (3)](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM6090115#DLM6090115) with: (1) The following applications may be made online if electronic forms have been provided for the purpose on an Internet site or a software application referred to in subclause (3): ##### (a) an application for a residence class visa to which reg … by means of one of the following that is made available and maintained by or on behalf of the Department for that purpose: ##### (i) an Internet site; or ##### (ii) a software application that is designed to be used on a mobile device; and ##### (b) using an electronic form provided on the Internet site or the software application for the purpose. (2) In [regulation 23A(4) (a)](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM6090115#DLM6090115), after \"“English”\", insert \"“(except as provided in subclause (4A) (b))”\". (3) In [regulation 23A(4) (h)](https: … the principal regulations applies to be made online,— - the applications may be made in English or any other language enabled by the electronic form provided for the purpose; and - the applicant must provide their passport or certificate of identity to an immigration officer or their passport to an automated electronic system in order to complete the making of the application. [Regulations 23AA](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM6682179#DLM6682179) and [23A](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id= … DLM6090115#DLM6090115) of the principal regulations are amended to provide that when an application for a visa may or must be made online it may be done by means of a software application that is designed to be used on a mobile device. The software application must be one made available and maintained by or on behalf of MBIE. This is in addition to the method already provided for in [regulations 23AA](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM6682179#DLM6682179) and [23A](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.as … he automated electronic system indicates that the person must present himself or herself to an immigration officer: Rachel Hayward, Clerk of the Executive Council. ## Explanatory note ##### This note is not part of the regulations, but is intended to indicate their general effect. These regulations, which come into force on 21 June 2023, amend the [Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM3148100) (the **principal regulations**). [Regulations 7](https://classic.legislation. … govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM3148126#DLM3148126), [8](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM3148128#DLM3148128), [11](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM3148132#DLM3148132), and [23A](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM6090115#DLM6090115) of the principal regulations are amended to provide that— - the following visa applications may be made online: - an application at an immigration control area for a second or su … bsequent resident visa to which [regulation 7](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM3148126#DLM3148126) of the principal regulations would otherwise apply: - an application at an immigration control area or a port by an Australian citizen or permanent resident for a resident visa to which regulation 8 of the principal regulations would otherwise apply: - an application for a temporary entry class visa made at an immigration control area to which [regulation 11](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-fada4b3a8d3a5fd6f83c","countryCode":"NZ","country":"New Zealand","title":"Online applications for entry permission legally enabled","policyEffect":"From June 21, 2023, an application for entry permission at a New Zealand immigration control area could be made online when an electronic form was provided on an official website or mobile application. Each application had to concern one person and could use English or another language enabled by the form. To complete the application, the applicant had to provide a passport or certificate of identity and evidence of any visa to an immigration officer, or a passport and visa evidence to an automated system. An officer or system could still require an interview, further evidence or a medical examination.","operativeDate":"2023-06-21","year":2023,"affectedGroup":"People applying for entry permission at an immigration control area","materialConditionsAndExceptions":"","policyCategory":"Border control","policyTool":"Administrative procedures","sourceName":"New Zealand Legislation / Parliamentary Counsel Office","sourceUrl":"https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/whole.html","preciseCitation":"Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2023 (SL 2023/77)","evidencePassage":"148148#DLM3148148), insert: (1AA) This regulation applies to an application for entry permission unless the application is made online under regulation 24A. ##### 10 New regulation 24A inserted (Application may be made online) After [regulation 24](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM3148148#DLM3148148), insert: ##### 24A Application may be made online (1) An application at an immigration control area for entry permission may be made online if electronic forms have been provided for the purpose on an Internet site or a software application ref … erred to in subclause (4). (2) This regulation applies to an application made in accordance with subclause (1). (3) The application must relate to only 1 person. (4) The application must be made— ##### (a) by means of one of the following that is made available and maintained by or on behalf of the Department for that purpose: ##### (i) an Internet site; or ##### (ii) a software application that is designed to be used on a mobile device; and ##### (b) using an electronic form provided on the Internet site or the software application for the purpose. (5) Without limiting subclause (4) (b), the … electronic form must require the applicant to— ##### (a) state the applicant’s full name; and ##### (b) state the applicant’s date and place of birth; and ##### (c) state the details of the applicant’s passport or certificate of identity; and ##### (d) acknowledge that the details supplied in support of the application are true and correct to the best of the applicant’s knowledge. (6) In order to complete the making of the application, the applicant must— ##### (a) give the applicant’s passport or certificate of identity and evidence of any visa that the applicant holds to an immigration offic … er; or ##### (b) give the applicant’s passport and evidence of any visa that the applicant holds to an automated electronic system. (7) An immigration officer or automated electronic system processing the application may, in order for the application to be determined, require the applicant to— ##### (a) be interviewed by an immigration officer: ##### (b) produce further information or evidence (including photographs) that the officer thinks necessary in order to determine the application: ##### (c) undergo a medical examination or another medical examination, as the case may be. (8) An applica … 8e997) | | | ## Regulations ##### 1 Title These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2023. ##### 2 Commencement These regulations come into force on 21 June 2023. ##### 3 Principal regulations These regulations amend the [Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM3148100). ##### 4 Regulation 7 amended (Applications at immigration control area for second or subsequent resident visa) Replace [regulation 7(2)](https","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-nz-border-visa-online-20230621","countryCode":"NZ","country":"New Zealand","title":"Online visa applications expanded at immigration control areas","policyEffect":"From June 21, 2023, online applications were permitted, when official electronic forms were available, for second or subsequent resident visas at an immigration control area, resident visas for Australian citizens or permanent residents at an immigration control area or port, and temporary-entry visas at an immigration control area. Each application concerned one person and could use English or another language enabled by the form. Applicants had to give their passport or certificate of identity to an officer to complete the application; applicants in the Australian-resident-visa and temporary-entry groups could instead present their passport to an automated system.","operativeDate":"2023-06-21","year":2023,"affectedGroup":"Applicants for the specified resident and temporary-entry visas at immigration control areas or ports","materialConditionsAndExceptions":"","policyCategory":"Border control","policyTool":"Administrative procedures","sourceName":"New Zealand Legislation / Parliamentary Counsel Office","sourceUrl":"https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/whole.html","preciseCitation":"Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2023 (SL 2023/77)","evidencePassage":"any other language enabled by the electronic form referred to in subclause (4) (b); and ##### (c) subclause (5) (h) does not apply. ##### 8 Regulation 23A amended (Applications that may be made online) (1) Replace [regulation 23A(1) to (3)](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM6090115#DLM6090115) with: (1) The following applications may be made online if electronic forms have been provided for the purpose on an Internet site or a software application referred to in subclause (3): ##### (a) an application for a residence class visa to which reg … ulation 5 would otherwise apply: ##### (b) an application by a holder, or former holder, of a resident visa to which regulation 6 would otherwise apply: ##### (c) an application at an immigration control area for a second or subsequent resident visa to which regulation 7 would otherwise apply: ##### (d) an application at an immigration control area or a port by an Australian citizen or permanent resident for a resident visa to which regulation 8 would otherwise apply: ##### (e) an application for a temporary entry class visa to which regulation 10 would otherwise apply: ##### (f) an applicatio … n for a temporary entry class visa made at an immigration control area to which regulation 11 would otherwise apply: ##### (g) an application for a transit visa to which regulation 15 would otherwise apply: ##### (h) an application for confirmation of a person’s immigration status to which regulation 32 would otherwise apply: ##### (i) an application for endorsement of New Zealand citizenship in a foreign passport to which regulation 33 would otherwise apply. (2) This regulation applies to an application made online in accordance with subclause (1). (3) The application must be made— ##### (a) … 8e997) | | | ## Regulations ##### 1 Title These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2023. ##### 2 Commencement These regulations come into force on 21 June 2023. ##### 3 Principal regulations These regulations amend the [Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010](https://classic.legislation.govt.nz/regulation/public/2023/0077/latest/link.aspx?id=DLM3148100). ##### 4 Regulation 7 amended (Applications at immigration control area for second or subsequent resident visa) Replace [regulation 7(2)](https","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-33f31d3f9bfd8544105c","countryCode":"NZ","country":"New Zealand","title":"Skilled Migrant Category expression-of-interest fees removed","policyEffect":"From September 7, 2023, New Zealand removed prescribed fees for Skilled Migrant Category expressions of interest, whether submitted online or in hard copy. The same amendment prescribed equal residence-application fees for online and hard-copy Skilled Migrant Category applications. It also clarified that an expression-of-interest fee need not always be prescribed.","operativeDate":"2023-09-07","year":2023,"affectedGroup":"Skilled migrant category expression-of-interest and residence applicants","materialConditionsAndExceptions":"Validated condition or limit: It also clarified that an expression-of-interest fee need not always be prescribed.","policyCategory":"High-skilled / economic migration","policyTool":"Fee adjustment","sourceName":"New Zealand Legislation / Parliamentary Counsel Office","sourceUrl":"https://www.legislation.govt.nz/regulation/public/2023/0191/latest/whole.html","preciseCitation":"Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 2) 2023 (SL 2023/191)","evidencePassage":"a) In regulation 9(b), after “fee”, insert “(if any)”. 5 Schedule 4 amended In Schedule 4, under the heading— (a) Residence class visa, replace the item relating to residence class visa application—Skilled Migrant Category with: 5(1) and (2) (e) (i) Residence class visa application—Skilled Migrant Category (hard copy) 1,880 1,610 2,480 23AA(1) and (5) (i) or 23A(1) (a) and (4) (i), as applicable Residence class visa application—Skilled Migrant Category (online) 1,880 1,610 2,480 (b) Residence class visa—related matters, revoke the items relating to regulation 9(b) Skilled Migrant Category (har … d copy) and regulation 9(b) Skilled Migrant Category (online). Rachel Hayward,Clerk of the Executive Council. Explanatory note This note is not part of the regulations, but is intended to indicate their general effect. These regulations, which come into force on 7 September 2023, amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the principal regulations). Regulation 9(b) of the principal regulations is amended to provide that a fee may not necessarily be prescribed in relation to a notification of expression of interest in applying for a residence class vis … a. Schedule 4 of the principal regulations is amended to provide that— the fees for a residence class visa application—Skilled Migrant Category are the same, whether the application is made in hard copy or online; and there are no prescribed fees for a notification of expression of interest in applying for a residence class visa—Skilled Migrant Category. Issued under the authority of the Legislation Act 2019. Date of notification in Gazette: 10 August 2023. These regulations are administered by the Ministry of Business, Innovation, and Employment. \"Related Legislation \"Related Legislation \"Rel … Regulation 9 amended (Notification of expression of interest in applying for residence class visa) 5 Schedule 4 amended Explanatory note Administrative Information Regulations 1 Title These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 2) 2023. 2 Commencement These regulations come into force on 7 September 2023. 3 Principal regulations These regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010. 4 Regulation 9 amended (Notification of expression of interest in applying for residence class vis","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-a2950871e112cec86ff4","countryCode":"NZ","country":"New Zealand","title":"Immigration Employment Infringement Scheme","policyEffect":"An infringement scheme was introduced allowing immigration authorities to issue infringement notices to employers who commit immigration violations such as allowing unauthorized persons to work, employing persons inconsistently with visa conditions, or failing to provide requested documents.","operativeDate":"2024-04-01","year":2024,"affectedGroup":"Employers and migrant workers","materialConditionsAndExceptions":"","policyCategory":"Border and employer enforcement","policyTool":"Sanctions and enforcement against employer non-compliance / migrant worker protection","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/immigration-employment-infringement-scheme","preciseCitation":"","evidencePassage":"The scheme allows MBIE Immigration to hold employers who breach their obligations to account by issuing infringement notices to those who commit lower level offences … In the first 2 years of the infringement scheme (1 April 2024 to 30 April 2026)","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-773d00fb246bfe4a5bae","countryCode":"NZ","country":"New Zealand","title":"Changes to the Accredited Employer Work Visa (AEWV) for employers and visa applicants","policyEffect":"Imposed higher work experience and qualification requirements, set English language standards for applicants in ANZSCO skill level 4 and 5 roles, and shortened the maximum continuous stay for certain roles.","operativeDate":"2024-04-07","year":2024,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Imposed higher work experience and qualification requirements, set English language standards for applicants in ANZSCO skill level 4 and 5 roles, and shortened the maximum continuous stay for certain roles.","policyCategory":"Work","policyTool":"Eligibility","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/changes-to-the-accredited-employer-work-visa-aewv","preciseCitation":"www.immigration.govt.nz. Changes to the Accredited Employer Work Visa (AEWV) for employers and visa applicants. Effective 2024-04-07.","evidencePassage":"There are now higher work experience and qualification requirements, a standard of English for people applying to work in roles assessed as ANZSCO skill level 4 and 5, and a shorter stay in New Zealand if you are working in specific roles.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-bcb99be4918831094c1b","countryCode":"NZ","country":"New Zealand","title":"Expansion of Open Work Rights for Partners of Students in Green List Programmes","policyEffect":"Expanded eligibility for Partner of a Student Work Visas to spouses/partners of students enrolled in Level 7 or 8 degree programmes tied directly to Green List occupational registrations.","operativeDate":"2024-06-10","year":2024,"affectedGroup":"Spouses of international tertiary students","materialConditionsAndExceptions":"Validated condition or limit: Expanded eligibility for Partner of a Student Work Visas to spouses/partners of students enrolled in Level 7 or 8 degree programmes tied directly to Green List occupational registrations.","policyCategory":"Family / student work rights","policyTool":"Dependent employment authorization","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2024-14.pdf","preciseCitation":"","evidencePassage":"Changes have been made to immigration instructions to update work eligibility for partners of student visa holders. Under WF4.1, a person may be eligible for a work visa if their partner holds a student visa to study a level 7 or 8 qualification that is specified on the Green List. Qualifications that are required for occupational registration have now been added to the Green List. … Appendix 1: Amendments to residence and temporary entry immigration instructions effective on and after 10 June 2024 … partners of student visa holders … Note 4: Only Level 7 and Level 8 Bachelor degrees not already listed as Green List requirements are listed as qualifications required for registration for occupations on the Green List.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-c6642068a0bdfb8e7e3d","countryCode":"NZ","country":"New Zealand","title":"Disestablishment of AEWV Franchisee Category","policyEffect":"Immigration New Zealand closed the franchisee-specific employer accreditation pathway. Franchisee employers seeking to hire migrant workers must now apply under standard, high-volume, or triangular employment accreditation when renewing.","operativeDate":"2024-06-16","year":2024,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Franchisee employers seeking to hire migrant workers must now apply under standard, high-volume, or triangular employment accreditation when renewing.","policyCategory":"Work","policyTool":"Eligibility","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/work/for-employers/getting-accreditation-or-approval-to-hire/employer-accreditation-for-the-aewv/applying-for-aewv-employer-accreditation-process-steps/requirements-for-controlling-third-parties-and-franchisees","preciseCitation":"www.immigration.govt.nz. Disestablishment of AEWV Franchisee Category. Effective 2024-06-16.","evidencePassage":"Franchisee accreditation closed on 16 June 2024. You can no longer apply for this type of employer accreditation. If you currently have franchisee accreditation, you can remain on this accreditation type until it expires. You must meet your employer requirements while you have this accreditation type. You can change to a standard, high-volume or triangular employer accreditation when you apply to renew your accreditation.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-bb3e787cc43d28be3dcd","countryCode":"NZ","country":"New Zealand","title":"Fijian citizens granted a New Zealand transit-visa waiver","policyEffect":"Amends Schedule 1 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 to add Fiji to the list of countries to which a waiver of the requirement for a transit visa applies. The effect of this amendment is that Fijian citizens are not required to hold a transit visa before travelling to and being in New Zealand as transit passengers.","operativeDate":"2024-09-04","year":2024,"affectedGroup":"Fijian citizens travelling as transit passengers","materialConditionsAndExceptions":"Validated condition or limit: Amends Schedule 1 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 to add Fiji to the list of countries to which a waiver of the requirement for a transit visa applies.; The effect of this amendment is that Fijian citizens are not required to hold a transit visa before travelling to and being in New Zealand as transit passengers.","policyCategory":"Border control / visa waiver","policyTool":"Transit visa waiver","sourceName":"New Zealand Legislation / Parliamentary Counsel Office","sourceUrl":"https://www.legislation.govt.nz/secondary-legislation/pco-drafted/2024/146/en/latest","preciseCitation":"Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2024, SL 2024/146, regs. 2 and 4","evidencePassage":"In Schedule 1, after item 12(g), insert: (ga) Fiji … The effect of this amendment is that Fijian citizens are not required to hold a transit visa before travelling to and being in New Zealand as transit passengers. … These regulations come into force on 4 September 2024. … These regulations amend Schedule 1 of the principal regulations to add Fijian citizens to the list of people to whom a waiver of the requirement for transit visas applies. … before travelling to and being in New Zealand as transit passengers.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-608ae0fc31d77de4b75b","countryCode":"NZ","country":"New Zealand","title":"International Visitor Conservation and Tourism Levy (IVL) Increase","policyEffect":"Increased the mandatory non-refundable International Visitor Conservation and Tourism Levy (IVL) from NZD$35 to NZD$100 per eligible person across tourist visa streams and NZeTA applications.","operativeDate":"2024-10-01","year":2024,"affectedGroup":"Short-term international visitors, nzeta holders, student and working holiday visa applicants","materialConditionsAndExceptions":"Validated condition or limit: Increased the mandatory non-refundable International Visitor Conservation and Tourism Levy (IVL) from NZD$35 to NZD$100 per eligible person across tourist visa streams and NZeTA applications.","policyCategory":"Border control / entry levy","policyTool":"Entry fee / conservation levy adjustment","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/about-us/news-centre/increase-to-visa-charges-comes-into-effect-from-1-october","preciseCitation":"Immigration New Zealand, 'Increase to visa charges comes into effect from 1 October', 6 September 2024","evidencePassage":"are not required to pay visa charges. IVL Most international visitors applying for a visa or NZeTA (New Zealand Electronic Travel Authority) to enter New Zealand need to pay a non-refundable International Visitor Conservation and Tourism Levy (IVL). The current charge of NZD$35.00 per eligible person is increasing to NZD$100.00 from 1 October 2024. The levy is charged for most: Visitor visas (excluding partner and dependent categories) NZeTAs Student visas (excluding dependent child category) Working Holiday and Work Exchange schemes Student and Trainee Work visas Specific Purpose Work visas It","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-42a515b791dae33a873d","countryCode":"NZ","country":"New Zealand","title":"Maximum Duration Extension for Visas Granted to Partners of New Zealanders","policyEffect":"The maximum duration for partnership work and visitor visas granted to partners of New Zealand citizens or residence-class visa holders who have cohabited for at least 12 months was extended from 2 years to 3 years to align with other temporary partnership durations and allow sufficient time to transition to residence.","operativeDate":"2024-10-01","year":2024,"affectedGroup":"Partners of new zealand citizens and residents","materialConditionsAndExceptions":"Validated condition or limit: The maximum duration for partnership work and visitor visas granted to partners of New Zealand citizens or residence-class visa holders who have cohabited for at least 12 months was extended from 2 years to 3 years to align with other temporary partnership durations and allow sufficient time to transition to residence.","policyCategory":"Family / partnership temporary entry","policyTool":"Visa duration extension","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/news-notifications/longer-visas-for-partners-of-new-zealanders","preciseCitation":"Immigration New Zealand, News Release: \"Longer visas for partners of New Zealanders\", 23 September 2024.","evidencePassage":"From 1 October 2024, the maximum visa duration for work and visitor visas for partners of New Zealand citizens or residence class visa holders is increasing. The Government has made changes to the maximum duration for work and visitor visas for partners of New Zealand citizens or residence class visa holders that have been living together for at least 12 months. This is now increasing from 2 years to 3 years. This will give couples additional time to save for residence application fees and better aligns with the visa durations provided to partners of temporary migrants.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-6f10cfe5cb1f6e1bd9fa","countryCode":"NZ","country":"New Zealand","title":"Part-Time Work Rights for Migrant School Leavers Awaiting Residence","policyEffect":"Permitted dependent children aged 17–24 holding visitor visas who are included in a pending family residence or skilled residence application to access part-time work rights (up to 20 hours/week during term; 40 hours/week during holidays) via a Variation of Conditions.","operativeDate":"2024-10-01","year":2024,"affectedGroup":"Migrant school leavers (aged 17–24 on visitor visas awaiting residence outcomes)","materialConditionsAndExceptions":"Validated condition or limit: Permitted dependent children aged 17–24 holding visitor visas who are included in a pending family residence or skilled residence application to access part-time work rights (up to 20 hours/week during term","policyCategory":"Work rights / family dependents","policyTool":"Variation of conditions for part-time work rights","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/news-notifications/part-time-work-rights-for-migrant-school-leavers","preciseCitation":"Immigration New Zealand, \"Part-time work rights for migrant school leavers\" (20 Aug 2024).","evidencePassage":"VISA PAK ISSUE 599 — 30 SEPTEMBER 2024 CHANGES ENABLING SOME DEPENDENT CHILDREN TO WORK WHILE WAITING FOR A DECISION ON THEIR FAMILY RESIDENCE APPLICATION This Visa Pak provides guidance about changes that enable some dependent children to undertake limited work while they are waiting for a decision on a residence application. It includes information about how visa holders can apply for these work rights and how financial dependency should be assessed for further visa applications. Immigration instructions Changes to Immigration Instructions, which take effect on 1 October 2024, will enable dependent children who are awaiting the outcome of a residence application to obtain limited work rights on visitor visas. These are part-time work rights that will enable the visa holder to work up to 40 hours per week between 1 December and 31 January (inclusive) and up to 20 hours per week at other times. To be eligible, these children must: • Be between 17 and 24 years old (inclusive, and if they are 17, provide evidence that they have completed high school), and • Have applied for a Dependent Child Resident Visa or are included as a secondary applicant (dependent child) in one of the following residence categories: o Skilled Migrant Category o Green List Straight to Residence or Work to Residence o Care Workforce or Transport Sector Work to Residence o Partnership Resident Visa • Hold or be applying for a: o Dependent Child Visitor Visa (as the child of a work visa holder or New Zealand citizen/resident); or o General Visitor Visa (provided at one point they have previously held a dependent child visitor or student visa as the dependent child of a New Zealand citizen or resident; or the principal applicant of their residence application) Those who meet the above requirements and … already hold a visitor visa may apply for a variation of conditions to have their eligibility for work rights assessed. The requirements will be specified in immigration instructions E3.26.5(d), V3.10.20 and V3.20.5. Assessing evidence of high school completion from overseas education providers If a 17-year-old applicant completed their secondary school education outside of New Zealand and has provided evidence of this, the assessing officer can check the relevant country information page and/or the Document Authentication Toolkit (DAT) to confirm the validity of this evidence. These country","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-a730d6a22f39f37ac9aa","countryCode":"NZ","country":"New Zealand","title":"Vietnam Working Holiday Scheme Quota Increase","policyEffect":"Doubled the annual statutory intake cap under the Vietnam Working Holiday Scheme from 100 places to 200 places upon the scheme reopening on 24 October 2024.","operativeDate":"2024-10-24","year":2024,"affectedGroup":"Vietnamese working holiday applicants aged 18–30","materialConditionsAndExceptions":"","policyCategory":"Youth mobility / bilateral working holiday schemes","policyTool":"Country-specific quota expansion","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/about-us/news-centre/more-places-forvietnam-working","preciseCitation":"Immigration New Zealand, 'More places for Vietnam Working Holiday Scheme', 21 October 2024","evidencePassage":"The Vietnam Working Holiday Scheme will reopen on 24 October 2024 and the number of places available under the scheme will increase from 100 to 200.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-c55c24d251ce111b8b93","countryCode":"NZ","country":"New Zealand","title":"Removal of the Second Migrant Exploitation Protection Work Visa (MEPV) and Refinement of Exploitation Scope","policyEffect":"Disestablished the ability for migrants on an initial MEPV to obtain a second 6-month MEPV extension, restricting the visa to a single non-renewable grant of up to 6 months. In addition, the definition of migrant exploitation was tightened to require a direct link to a genuine employment relationship, expressly excluding lawful redundancies and unrecovered wages resulting solely from formal corporate liquidations.","operativeDate":"2024-10-31","year":2024,"affectedGroup":"Exploited migrant workers","materialConditionsAndExceptions":"Validated condition or limit: Disestablished the ability for migrants on an initial MEPV to obtain a second 6-month MEPV extension, restricting the visa to a single non-renewable grant of up to 6 months.","policyCategory":"Humanitarian / exploitation protection / temporary work","policyTool":"Visa eligibility restriction and redefinition","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/news-notifications/changes-to-migrant-exploitation-protection-work-visa","preciseCitation":"Immigration New Zealand, News Release: \"Changes to Migrant Exploitation Protection Work Visa\", 17 October 2024.","evidencePassage":"to the Migrant Exploitation Protection Work Visa Published 17 October 2024 Topics Policy, law and strategy Immigration rules and processes From 31 October 2024 the ability to get a second Migrant Exploitation Protection Work Visa (MEPV) has been removed. Today, the Government announced changes to the Migrant Exploitation Protection Work Visa. Changes to Migrant Exploitation Protection Work Visa — Beehive.govt.nz What is changing? From 31 October 2024, the ability to be granted a second MEPV will be removed. This means that, if anyone has an initial MEPV, and applies for a second MEPV on or after 31 October, their application will be declined. Migrants who have made a credible report of exploitation will still be able to be granted a MEPV of up to 6 months, or until the expiry of their current visa (whichever is lesser) to allow them to leave the exploitative situation and remain lawfully in New Zealand while they find a new job. People whose initial MEPV expires up to and including 30 November 2024, will have until 30 October to apply for a second MEPV if they wish to do so. Other changes include: clarifying that situations involving lawful employment terminations, non-payment of final wages due to liquidation and redundancies do not meet the definition of migrant exploitation refining the definition of migrant exploitation to specify that exploitation must be linked to a genuine employment relationship. You can find more information on the MEPV: Migrant Exploitation Protection Work Visa These changes support the Government’s work to encourage reporting and enable migrants to leave exploitative situations and maintain the integrity of New Zealand’s immigration system. Reporting migrant exploitation Migrant exploitation can be reported to Employment New Zealand using their","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-88b54f0f1e0c7c37abb2","countryCode":"NZ","country":"New Zealand","title":"Post Study Work Visa Instructions Amendment (Consecutive Enrolments & Eligible Qualifications Expansion)","policyEffect":"Amended immigration instructions WD3 to allow students who complete a 30-week Postgraduate Diploma (PGDip) and directly progress to a Master's degree to retain PSWV eligibility based on their PGDip studies (with a 12-month window from initial student visa expiry to apply); removed the requirement for secondary school teachers to hold specialised bachelor's degrees in STEM/Pacific languages; added Graduate Diplomas leading to Teaching Council registration for primary and intermediate teachers; and added the New Zealand Diploma in Engineering (Level 6, Mechanical strand) to eligible qualifications. Phase scope: Entire PSWV instruction set","operativeDate":"2024-11-19","year":2024,"affectedGroup":"International tertiary graduates (pgdip, master's, teacher education, engineering technicians)","materialConditionsAndExceptions":"Validated condition or limit: Amended immigration instructions WD3 to allow students who complete a 30-week Postgraduate Diploma (PGDip) and directly progress to a Master's degree to retain PSWV eligibility based on their PGDip studies (with a 12-month window from initial student visa expiry to apply); removed the requirement for secondary school teachers to hold specialised bachelor's degrees in STEM/Pacific languages; and added the New Zealand Diploma in Engineering (Level 6, Mechanical strand) to eligible qualifications.","policyCategory":"Student-to-work transition / post-study employment","policyTool":"Visa eligibility criteria / eligible qualification pathways","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/about-us/news-centre/changes-to-the-post-study-work-visa-pswv","preciseCitation":"Immigration New Zealand, Changes to the Post Study Work Visa (PSWV), Operational Policy Update, 19 November 2024.","evidencePassage":"Students who studied a Postgraduate Diploma (PGDip) for 30 weeks and immediately progressed to a Master’s degree, but were not enrolled in the Masters for 30 weeks, are now eligible to apply for a Post Study Work visa (PSWV) based on their PGDip enrolment. This will give students more flexibility in their course of study and ensure they can remain eligible to work following their qualification. If a student has completed a qualification that is eligible for a PSWV then immediately completes a higher-level qualification (that is ineligible for PSWV, including because they did not study for the minimum duration), they will have 12 months from the end date of their student visa for the initial qualification to apply for a PSWV.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-05a67c1bdbe2dbb86a11","countryCode":"NZ","country":"New Zealand","title":"Authorisation of Remote Work on Visitor Visas and NZeTA","policyEffect":"Amends visitor visa conditions to permit foreign visitors and electronic travel authority (NZeTA) holders to work remotely for an offshore employer while residing temporarily in New Zealand, provided they do not provide goods or services to domestic businesses or engage in local on-site employment.","operativeDate":"2025-01-27","year":2025,"affectedGroup":"Visitors, tourists, and digital nomads","materialConditionsAndExceptions":"","policyCategory":"Admission and work authorization","policyTool":"Visa condition modification","sourceName":"New Zealand Government / Beehive","sourceUrl":"https://www.beehive.govt.nz/release/going-growth-new-rules-visiting-tourists","preciseCitation":"New Zealand Government (27 January 2025), 'Going for Growth: New rules for visiting tourists', Beehive Ministerial Release.; New Zealand Government, \"Remote work enabled under visitor visa settings,\" Beehive.govt.nz Ministerial Release, January 2025.; New Zealand Government / Beehive Ministerial Release, Hon Erica Stanford & Hon Nicola Willis, \"Going for Growth: New rules for visiting tourists\"; Immigration New Zealand Media Notification.","evidencePassage":"2025 Topics Visit Immigration rules and processes The Government announced today that the rules for visitors are changing and people arriving on a visitor visa or NZeTA can work for overseas employers while visiting New Zealand. New visa conditions will now allow visitors to work remotely for an overseas employer or client. The change applies to applications received from 27 January 2025 for all visitors, including tourists and people visiting family, and partners and guardians on longer-term visitor visas. These new conditions mean that tourists can stay in New Zealand as a digital nomad and … keep in touch with work back home, without breaching their visa conditions. Both visitor visa recipients and people who enter with an NZeTA (New Zealand Electronic Travel Authority) will receive these conditions. Visitor visa holders must not: work for a New Zealand employer provide goods or services to people or businesses in New Zealand do work that requires them to be physically present at a workplace in New Zealand. Visas that allow you to visit New Zealand Tax information The tax treatment of a digital nomad’s income from working for a foreign employer while in New Zealand depends on the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-e12a763500d0e32e0be1","countryCode":"NZ","country":"New Zealand","title":"Electronic Travel Authority (ETA) Advance Request for Cargo and Cruise Crew","policyEffect":"Commenced Part 4 of Schedule 1AA to permit individuals who are required to hold an Electronic Travel Authority (ETA) on or after 1 April 2025 (specifically cargo ship crew, positioning cargo crew, and passengers) to request and be issued an ETA in advance starting from 3 February 2025.","operativeDate":"2025-02-03","year":2025,"affectedGroup":"Cargo ship crew, positioning cargo crew, and passengers required to hold an eta on or after 1 april 2025","materialConditionsAndExceptions":"Validated condition or limit: Commenced Part 4 of Schedule 1AA to permit individuals who are required to hold an Electronic Travel Authority (ETA) on or after 1 April 2025 (specifically cargo ship crew, positioning cargo crew, and passengers) to request and be issued an ETA in advance starting from 3 February 2025.","policyCategory":"Border / entry procedures; administrative / visa requirement","policyTool":"Secondary legislation (order in council)","sourceName":"New Zealand Legislation","sourceUrl":"https://www.legislation.govt.nz/secondary-legislation/pco-drafted/2024/196/en/latest","preciseCitation":"","evidencePassage":"regulation 7 comes into force on 3 February 2025. … The person may, from 3 February 2025, request an ETA and, in that case,— (a) these regulations apply in relation to the request and the issued ETA; and (b) the period of validity of the ETA begins on the date on which it is issued. … This clause applies to a person who is required to hold an ETA on or after 1 April 2025 under the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 4) 2024. … In Schedule 1AA,— (a) insert the Part set out in the Schedule of these regulations as the last Part; and (b) make all necessary consequential amendments.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-229ca0a165d3b809ae5f","countryCode":"NZ","country":"New Zealand","title":"Accredited Employer Work Visa (AEWV) March 2025 Overhaul","policyEffect":"Eliminates the mandatory median wage threshold for AEWV and Specific Purpose Work Visa recruits, reduces the minimum relevant prior work experience requirement from three years to two years, and extends visa duration for ANZSCO Level 4 and 5 roles to three years. Concurrently increases the annual income threshold required to support dependent children to NZD 55,844.","operativeDate":"2025-03-10","year":2025,"affectedGroup":"Temporary migrant workers (aewv/spwv) and dependents","materialConditionsAndExceptions":"Validated condition or limit: Eliminates the mandatory median wage threshold for AEWV and Specific Purpose Work Visa recruits, reduces the minimum relevant prior work experience requirement from three years to two years, and extends visa duration for ANZSCO Level 4 and 5 roles to three years.; Concurrently increases the annual income threshold required to support dependent children to NZD 55,844.","policyCategory":"Admission and work authorization","policyTool":"Salary threshold, visa validity, and experience criteria","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/media-centre/news-notifications/changes-to-accredited-employer-work-visa-in-march-2025","preciseCitation":"Immigration New Zealand (20 February 2025), 'Changes to the Accredited Employer Work Visa (AEWV) in March 2025', official operational update.; Immigration New Zealand, \"Changes to the Accredited Employer Work Visa (AEWV) and median wage,\" Published 20 February 2025.; Immigration New Zealand News & Operational Manual Instructions, \"Changes to the Accredited Employer Work Visa (AEWV) and median wage\"; Beehive Ministerial Release.","evidencePassage":"Announcement Changes to the Accredited Employer Work Visa (AEWV) and median wage Published 20 February 2025 Topics Work Policy, law and strategy Hiring workers Employment A number of changes will be made to the AEWV in March 2025. Changes will also be made to the median wage in February 2025. In December 2024, the Government announced reforms to the AEWV to make the settings more flexible and responsive to the differing needs of businesses in certain sectors and regions. As a result of this, Immigration New Zealand (INZ) will be rolling out a number of changes over the course of 2025. Phase 2 … of these changes are as follows. Remove the median wage requirement from AEWV and Specific Purpose Work Visa (SPWV) From 10 March 2025, employers recruiting workers under the AEWV and seasonal SPWV policies will no longer be required to pay the median wage. Instead, there will be no set pay thresholds except the New Zealand minimum wage (currently NZD $23.15 an hour, increasing to NZD $23.50 an hour on 1 April). Employers will however, still be expected to pay migrant workers on par with their New Zealand counterparts (the New Zealand market rate). Sector Agreements which provided an exemption … wage exemptions for AEWV workers Reducing the work experience requirement for migrants from 3 years to 2 years From 10 March 2025 the work experience requirement for migrants will be reduced from 3 years to 2 years. Employers still have to check that their migrant worker meets the threshold, and applicants will still need to provide evidence that they meet the 2-year threshold. This change will still make sure that migrants have enough experience to help minimise the risks of exploitation. Amending the requirement for employers to engage with the Ministry of Social Development (MSD) From 10 March … 5 AEWV holders to 3 years From 10 March 2025 the visa length for new ANZSCO Level 4 and 5 AEWVs will be extended to 3 years, matching the total time they can stay in New Zealand on 1 or more AEWVs (their maximum continuous stay). Increasing the income threshold for supporting dependent children From 10 March 2025 the income threshold will be increased from an annual threshold of NZD $43,322.76 to NZD $55,844. This is 80% of the median wage (aligning with eligibility for partner work rights) based on an annual, 40-hour work week. It will be updated annually in line with changes to the median wage","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-a1d50960d366239c081f","countryCode":"NZ","country":"New Zealand","title":"Tightening Health Criteria for Dependent Children of Temporary Visa Holders","policyEffect":"Strengthens standard health requirements for dependent children accompanying temporary work, student, or military visa holders, making children with severe developmental disorders or severe cognitive impairments requiring significant support ineligible for student or visitor visas unless a formal medical waiver is approved.","operativeDate":"2025-03-17","year":2025,"affectedGroup":"Dependent children of temporary visa holders","materialConditionsAndExceptions":"Validated condition or limit: Strengthens standard health requirements for dependent children accompanying temporary work, student, or military visa holders, making children with severe developmental disorders or severe cognitive impairments requiring significant support ineligible for student or visitor visas unless a formal medical waiver is approved.","policyCategory":"Admission and family reunification","policyTool":"Health requirement and medical admissibility standard","sourceName":"New Zealand Government / Beehive","sourceUrl":"https://www.beehive.govt.nz/release/health-requirements-strengthened-children-temporary-visa-holders","preciseCitation":"New Zealand Government / Immigration New Zealand (17 March 2025), 'Health requirements strengthened for children of temporary visa holders', Beehive Ministerial Release.; New Zealand Government / Immigration New Zealand, \"Update on health criteria assessments for dependent family members,\" Beehive / INZ circular release, March 2025.; Beehive Ministerial Release, Hon Erica Stanford, \"Health requirements strengthened for children of temporary visa holders\"; Immigration New Zealand Operational Instructions Update.","evidencePassage":"of people on temporary visas to ensure more consistency in the immigration system. “In recent years, a spike in enrolments of children of temporary migrants in our schools has resulted in an increase in children from this cohort with very high learning needs. This has put significant strain on an already oversubscribed learning support system, preventing other children from getting the support they need,” Immigration Minister Erica Stanford says. From 17 March, dependent children of temporary visa holders will no longer be eligible for student and visitor visas if they have a severe cognitive … or development disorder that requires significant support. These changes will be applicable to people both offshore and those already onshore applying for a new visa. Immigration New Zealand will continue to be able to exercise discretion in exceptional circumstances. “Parents or legal guardians are required to declare whether a child has a medical condition that may affect their ability to be granted a visa. In addition, most applicants applying for a visa that allows a stay of 12 months or more must supply a full medical certificate. “This will provide greater transparency and fairness for","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-808b447b21b135581d74","countryCode":"NZ","country":"New Zealand","title":"Active Investor Plus Visa Category Restructure","policyEffect":"Overhauled the Active Investor Plus resident visa settings by introducing Growth and Balanced investment categories, reducing investment thresholds, broadening acceptable asset classes, removing the English language requirement, and lowering physical presence requirements.","operativeDate":"2025-04-01","year":2025,"affectedGroup":"Active investor plus visa applicants","materialConditionsAndExceptions":"Validated condition or limit: Overhauled the Active Investor Plus resident visa settings by introducing Growth and Balanced investment categories, reducing investment thresholds, broadening acceptable asset classes, removing the English language requirement, and lowering physical presence requirements.","policyCategory":"Investor / business & economic migration / permanent residence","policyTool":"Investor category criteria overhaul / financial threshold modification / language condition removal","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/investor-category","preciseCitation":"","evidencePassage":"On 1 April 2025, changes were made to simplify the investment process, including the introduction of 2 investment categories. … Changes to the Active Investor Plus Visa included the introduction of 2 investment categories: Growth category: focuses on higher-risk investments, including managed funds and direct investments in New Zealand businesses. It requires a minimum investment of NZD $5 million for a minimum period of 3 years. Balanced category: focuses on mixed investments, with the ability to choose ones that are lower risk. There is a minimum investment of NZD $10 million over 5 years. Other changes included: reducing the minimum investment amount from NZD $15 million (or weighted equivalent) to NZD $5 million for Growth and NZD $10 million for Balanced category investors broadening the scope of acceptable investments to include bond and property-type investments for Balanced category investors removing the English language requirement, and fewer immigration requirements, for migrants who choose more active investments, such as reducing the time required to be spent in New Zealand.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-f98fccd77731d3de1a2b","countryCode":"NZ","country":"New Zealand","title":"Mandatory ETA Requirement for Cargo Ship Crew and Passengers","policyEffect":"Amended visa waiver conditions to classify cargo ship passengers, cargo ship crew members, and crew members of ships carrying coastal cargo as visa waiver travellers who must hold an ETA (or be exempt) to travel to and enter New Zealand.","operativeDate":"2025-04-01","year":2025,"affectedGroup":"Cargo ship crew, passengers, and crew of ships carrying coastal cargo","materialConditionsAndExceptions":"Validated condition or limit: Amended visa waiver conditions to classify cargo ship passengers, cargo ship crew members, and crew members of ships carrying coastal cargo as visa waiver travellers who must hold an ETA (or be exempt) to travel to and enter New Zealand.","policyCategory":"Border / entry requirements; maritime / seafarers","policyTool":"Secondary legislation (order in council)","sourceName":"New Zealand Legislation","sourceUrl":"https://www.legislation.govt.nz/secondary-legislation/pco-drafted/2024/196/en/latest","preciseCitation":"","evidencePassage":"These regulations come into force on 1 April 2025. … After regulation 23C(c), insert: (d) cargo ship crew travelling in the ordinary course of business of the ship between any foreign port and New Zealand: (e) crew on a foreign ship authorised by the Minister of Transport under section 198(2) of the Maritime Transport Act 1994 to carry coastal cargo (within the meaning of section 198(6) of that Act). … In Schedule 2, after item 7D, insert: 7E Cargo ship passengers travelling between any foreign port and New Zealand. 7F Cargo ship crew travelling in the ordinary course of business of the ship between any foreign port and New Zealand. 7G Crew on a foreign ship authorised by the Minister of Transport under section 198(2) of the Maritime Transport Act 1994 to carry coastal cargo (within the meaning of section 198(6) of that Act). … hold an ETA or are exempted by regulation 23E(a) from the requirement to hold one … Cargo ship passengers travelling between any foreign port and New Zealand who— (a) have arrived in New Zealand; and (b) hold an ETA or are exempted by regulation 23E(a) from the requirement to hold one","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-6dffe26a4be6eafe5055","countryCode":"NZ","country":"New Zealand","title":"Addition of Timor-Leste to the Recognised Seasonal Employer Scheme","policyEffect":"Timor-Leste is added to the list of eligible countries able to participate in the Recognised Seasonal Employer (RSE) scheme starting 28 April 2025. Employers in the horticulture and viticulture industries are eligible to recruit citizens of Timor-Leste to work in New Zealand. Applicants from Timor-Leste must have the same health requirements as all other RSE applicants, and because Timor-Leste is not on the list of countries with a low incidence of tuberculosis, applicants are required to provide a chest X-ray certificate with their application.","operativeDate":"2025-04-28","year":2025,"affectedGroup":"Citizens of timor-leste and rse-accredited employers in the horticulture and viticulture industries","materialConditionsAndExceptions":"Validated condition or limit: Timor-Leste is added to the list of eligible countries able to participate in the Recognised Seasonal Employer (RSE) scheme starting 28 April 2025.; Employers in the horticulture and viticulture industries are eligible to recruit citizens of Timor-Leste to work in New Zealand.; Applicants from Timor-Leste must have the same health requirements as all other RSE applicants, and because Timor-Leste is not on the list of countries with a low incidence of tuberculosis, applicants are required to provide a chest X-ray certificate with their application.","policyCategory":"Seasonal & temporary labour migration / bilateral access schemes","policyTool":"Country eligibility schedule amendment","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/timor-leste-to-be-added-to-recognised-employer-scheme","preciseCitation":"Immigration New Zealand, News Centre, 'Timor-Leste to be added to Recognised Employer Scheme', 22 April 2025.","evidencePassage":"From 28 April 2025, Timor-Leste will be added to the list of eligible countries able to participate in the RSE scheme. … From that date, employers will be eligible to recruit citizens of Timor-Leste to work in New Zealand in these industries. … Applicants from Timor-Leste will have the same health requirements as all other RSE applicants. However, as it is not on the list of countries with a low incidence of tuberculosis, applicants will be required to provide a chest X-ray certificate with their application.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-1706f2d096648c27a049","countryCode":"NZ","country":"New Zealand","title":"Relaxation of Certified Translation Mandate for Visitor Visa Applications","policyEffect":"Amends Operational Manual instructions (A13.5 and E4.65) to remove the compulsory requirement for certified translations of foreign-language supporting documents submitted with visitor visa applications (except for medical and police clearance certificates), permitting regular translations accompanied by translator credentials.","operativeDate":"2025-05-26","year":2025,"affectedGroup":"Visitor visa applicants","materialConditionsAndExceptions":"Validated condition or limit: Amends Operational Manual instructions (A13.5 and E4.65) to remove the compulsory requirement for certified translations of foreign-language supporting documents submitted with visitor visa applications (except for medical and police clearance certificates), permitting regular translations accompanied by translator credentials.","policyCategory":"Border controls and admission procedures","policyTool":"Evidentiary translation requirements","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/Amendment-Circular-2025-17.pdf","preciseCitation":"","evidencePassage":"Changes have been made to immigration instructions to remove the requirement to provide certified translations of foreign-language documents submitted in support of visitor visa applications. Translations submitted with visitor visa applications will need to include details of the translator. … Appendix 1: Amendments to Temporary Entry and Residence instructions effective on and after 26 May 2025 … Applicants for any category of visitor visa must provide translations of all documents provided in support of their application that are not written in English. … Translations of documents provided in support of visitor visa applications (other than police certificates and medical certificates) must: i. not be prepared by an applicant, any member of their family or an immigration adviser assisting with the application; and ii. be accompanied by the original documents or certified copies, unless legible copies are acceptable under A13.1; and iii. be in English; and iv. include the following information in English of the person preparing the translation: o their full name; and o address and telephone number; and o their qualifications and experience that make them proficient in English and the translated language.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d11f934e3614e561f67f","countryCode":"NZ","country":"New Zealand","title":"Alignment of Temporary Entry Decline Reasons and Natural Justice Standards","policyEffect":"Revises Operational Manual instructions (E7.16 and A1.5/A1.15) regarding the documentation of decline decisions on temporary entry visa applications to closely align decision notices with Section 27 of the Immigration Act 2009 and formalize operational natural justice procedures.","operativeDate":"2025-05-29","year":2025,"affectedGroup":"Temporary entry visa applicants","materialConditionsAndExceptions":"","policyCategory":"Border controls and admission procedures","policyTool":"Administrative procedural guidelines and decision notifications","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/opsmanual","preciseCitation":"Immigration New Zealand (29 May 2025), 'Amendment Circular: Documenting decisions and natural justice in decision-making (E7.16, A1.5, A1.15)', Operational Manual Amendment Circular.; Immigration New Zealand, Immigration New Zealand Instructions: Amendment Circular No. 2025-19, Wellington: MBIE, 29 May 2025, pp. 1–6.; Immigration New Zealand, Ministry of Business, Innovation and Employment (MBIE), Amendment Circular No. 2025-19: Amendments to the Immigration New Zealand Operational Manual, 29 May 2025.","evidencePassage":"Changes have been made to immigration instructions to more closely align the level of detail provided in decline decision letters for temporary entry applications with relevant provisions in the Immigration Act 2009. Amendments have also been made to operational instructions to provide greater detail about how principles of fairness and natural justice apply in an immigration context.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-15bbb55f6611eb30b4a9","countryCode":"NZ","country":"New Zealand","title":"Addition of 10 Trade Occupations to the Green List Work to Residence Pathway and Median Wage Threshold Update","policyEffect":"Adds 10 trade occupations to Tier 2 (Work to Residence) of the Green List (Metal Fabricator, Metal Machinist (First Class), Fitter (General), Fitter and Turner, Fitter Welder, Pressure Welder, Welder, Panel Beater, Vehicle Painter, and Paving Plant Operator), allowing eligible workers with 24 months of relevant New Zealand work experience to apply for residence subject to specific wage thresholds ($43.63/hour for fabrication/machinist/welder/fitter trades and $38.59/hour for paving/panel beating/vehicle painting), while updating the general skilled residence median wage threshold to $33.56/hour. Phase scope: National implementation across Skilled Residence instructions (Work to Residence, Straight to Residence, and Skilled Migrant Category)","operativeDate":"2025-08-18","year":2025,"affectedGroup":"Skilled trade workers in qualifying engineering, automotive, and infrastructure roles","materialConditionsAndExceptions":"Validated condition or limit: Adds 10 trade occupations to Tier 2 (Work to Residence) of the Green List (Metal Fabricator, Metal Machinist (First Class), Fitter (General), Fitter and Turner, Fitter Welder, Pressure Welder, Welder, Panel Beater, Vehicle Painter, and Paving Plant Operator), allowing eligible workers with 24 months of relevant New Zealand work experience to apply for residence subject to specific wage thresholds ($43.63/hour for fabrication/machinist/welder/fitter trades and $38.59/hour for paving/panel beating/vehicle painting), while updating the general skilled residence median wage threshold to $33.56/hour.","policyCategory":"Permanent residence / skilled and economic migration","policyTool":"Operational manual / immigration instructions amendment (green list tier 2 expansion & wage adjustment)","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/about-us/news-centre/ten-trades-occupations-to-be-added-to-the-work-to-residence-pathway","preciseCitation":"Immigration New Zealand, 'Ten trades occupations added to the Work to Residence pathway', 13 June 2025.","evidencePassage":"In June, the Government announced that 10 trades occupations will be added to the Work to Residence pathway on the Green List of in-demand occupations. Skilled trades on fast tracked to residence — Beehive Green List — jobs we need people for in New Zealand Eligible applicants will be able to apply for a residence if they have current employment or an offer of employment in the following occupations and have worked in New Zealand for 24 months in the following occupations: Metal Fabricator Metal Machinist (First Class) Fitter (General) Fitter and Turner Fitter Welder Pressure Welder Welder Panel Beater Vehicle Painter Paving Plant Operator The Green List pathway is designed to attract highly skilled workers, and eligibility for these roles includes meeting specific wage thresholds.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4509be1b32669b812b2e","countryCode":"NZ","country":"New Zealand","title":"Introduction of Parent Boost Visitor Visa Prescribed Fees and Levies","policyEffect":"Prescribes the application fee ($1,940 standard / $1,390 Pacific band), compliance check fee ($325 standard / $240 Pacific band), and immigration levy ($1,060) for the Parent Boost visitor visa.","operativeDate":"2025-09-29","year":2025,"affectedGroup":"Applicants for parent boost visitor visa","materialConditionsAndExceptions":"Validated condition or limit: Prescribes the application fee ($1,940 standard / $1,390 Pacific band), compliance check fee ($325 standard / $240 Pacific band), and immigration levy ($1,060) for the Parent Boost visitor visa.","policyCategory":"Family reunification / temporary stay; visa fees & levies","policyTool":"Secondary legislation (order in council)","sourceName":"New Zealand Legislation","sourceUrl":"https://www.legislation.govt.nz/secondary-legislation/pco-drafted/2025/180/en/latest","preciseCitation":"Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2025 (SL 2025/180), regs 2(1), 4, 5(2), 5(4).","evidencePassage":"These regulations come into force on 29 September 2025. … Temporary visa application—Parent Boost visitor visa 1,940 1,390 1,940 … Check of compliance with conditions imposed on Parent Boost visitor visa 325 240 325 … Applicant for Parent Boost visitor visa 1,060 … Applicant for Parent Boost visitor visa … a check of compliance with conditions imposed under immigration instructions on a Parent Boost visitor visa","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-88cfa00f5f862156a715","countryCode":"NZ","country":"New Zealand","title":"Introduction of the Parent Boost Multiple-Entry Visitor Visa","policyEffect":"Introduces a new multi-entry visitor visa stream (\"Parent Boost Visa\") allowing parents of New Zealand citizens and permanent residents to reside in New Zealand for up to 5 continuous years per visa (extendable to a maximum aggregate stay of 10 years), subject to meeting comprehensive health insurance and adult child sponsorship criteria.","operativeDate":"2025-09-29","year":2025,"affectedGroup":"Parents of nz citizens and permanent residents","materialConditionsAndExceptions":"Validated condition or limit: Introduces a new multi-entry visitor visa stream (\"Parent Boost Visa\") allowing parents of New Zealand citizens and permanent residents to reside in New Zealand for up to 5 continuous years per visa (extendable to a maximum aggregate stay of 10 years), subject to meeting comprehensive health insurance and adult child sponsorship criteria.","policyCategory":"Family / visitor entry","policyTool":"Long-term temporary visa category","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/Amendment-Circular-2025-26.pdf","preciseCitation":"","evidencePassage":"Successful applicants for a Parent Boost visitor visa will be granted a visitor visa allowing the holder: i. six months to first enter New Zealand from the start date of the visa; and ii. a five year stay from the date of their first arrival; and iii. multiple entries throughout the five year stay. … The maximum entitlement is two five-year multiple entry Parent Boost visitor visas. … Appendix 2: Amendments to Temporary Entry instructions effective on and after 29 September 2025 … The objective of the Parent Boost Visitor Visa is to enable New Zealand citizens and residents to have their parents join them in New Zealand for long term visits … Applicant(s) must hold travel and/or health insurance when in New Zealand which: a. is provided by a company with: i. experience in the health and/or travel insurance business; and ii. a credit rating of no lower than A (strong) or equivalent from an internationally recognised credit rating agency (for example, Standard and Poor's). … Applicant(s) must provide a sponsorship form completed by their New Zealand citizen or residence class visa holder sponsor(s) (see E6). b. A sponsor or sponsors must be: i. the adult child of the principal applicant; or ii. the adult child of the principal applicant and the adult child’s partner (joint sponsorship); or iii. the adult child of the principal applicant and one other adult child of either applicant included in the application (joint sponsorship).","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-02a378118931efd84a73","countryCode":"NZ","country":"New Zealand","title":"Implementation of National Occupation List (NOL) Skill Level 1–3 Classifications for Accredited Employer Work Visa (AEWV) Instructions","policyEffect":"Immigration New Zealand updated immigration instructions under the Accredited Employer Work Visa (AEWV) programme to recognise 87 new occupations categorized at Skill Levels 1 to 3 under the National Occupation List (NOL). This allows accredited employers to submit Job Checks and hire migrants under the AEWV for these newly recognised roles, giving eligible workers access to maximum stays of up to 5 years and the ability to support family visas. Phase scope: Phase 1 rollout of the National Occupation List incorporating 87 Skill Level 1 to 3 roles into AEWV and SPWV assessment.","operativeDate":"2025-11-03","year":2025,"affectedGroup":"Accredited employers and temporary migrant workers in skilled primary sector, trade, and technical roles","materialConditionsAndExceptions":"Validated condition or limit: This allows accredited employers to submit Job Checks and hire migrants under the AEWV for these newly recognised roles, giving eligible workers access to maximum stays of up to 5 years and the ability to support family visas.","policyCategory":"Admission and work authorization / labour market classification","policyTool":"Immigration instructions / occupational classification list amendment","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/about-us/news-centre/recognising-national-occupation-list-nol-occupations-in-the-accredited-employer-work-visa-aewv","preciseCitation":"Immigration New Zealand, News Centre, 'Recognising National Occupation List (NOL) occupations in the Accredited Employer Work Visa (AEWV)', Published 23 October 2025.","evidencePassage":"Immigration New Zealand (INZ) is updating how 87 new occupations are assessed under the Accredited Employer Work Visa (AEWV) programme from 3 November 2025, to ensure higher skilled occupations in the National Occupation List (NOL) are recognised. INZ will begin recognising 87 new occupations at skill levels 1 to 3 under the NOL in immigration instructions for AEWV applications from 3 November 2025.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-3cbeb17e74c6c89fb23b","countryCode":"NZ","country":"New Zealand","title":"Adjustment of Immigration Levy for Business Investor Work Visa","policyEffect":"Amends the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2025 to require that the immigration levy to be paid by an applicant for a Business Investor work visa is $1,060, replacing the figure of $3,570.","operativeDate":"2025-11-21","year":2025,"affectedGroup":"Applicant for business investor work visa","materialConditionsAndExceptions":"","policyCategory":"Investor / business migration; levies & fees","policyTool":"Secondary legislation (order in council)","sourceName":"New Zealand Legislation","sourceUrl":"https://www.legislation.govt.nz/secondary-legislation/pco-drafted/2025/257/en/latest","preciseCitation":"Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2025 Amendment Regulations 2025 (SL 2025/257), regs 2, 4.","evidencePassage":"In regulation 6(2), item relating to Applicant for Business Investor work visa, replace “3,570” with “1,060”. … These regulations come into force on 21 November 2025. … These regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2025.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-99aba484999ef9a3228b","countryCode":"NZ","country":"New Zealand","title":"General Indexation of Immigration Wage Thresholds and Accredited Employer / Green List Settings","policyEffect":"Updates the immigration median wage from NZD $33.56 to NZD $35.00 per hour across Immigration New Zealand instructions. Consequently adjusts indexed thresholds across work and skilled residence pathways: labour market testing / minimum skills advertising exemptions (adjusted to 2x median = NZD $70.00/hr), maximum stay thresholds for lower-skilled roles (1.5x median = NZD $52.50/hr), partner support wage criteria (Skill Levels 1–3 to NZD $28.00/hr; Skill Levels 4–5 to NZD $52.50/hr), Green List partner support threshold (NZD $35.00/hr), and adjustments to teaching pay steps under skilled residence.","operativeDate":"2026-03-09","year":2026,"affectedGroup":"Low-to-high skilled workers / accredited employer visa holders / skilled residence applicants","materialConditionsAndExceptions":"Validated condition or limit: Consequently adjusts indexed thresholds across work and skilled residence pathways: labour market testing / minimum skills advertising exemptions (adjusted to 2x median = NZD $70.00/hr), maximum stay thresholds for lower-skilled roles (1.5x median = NZD $52.50/hr), partner support wage criteria (Skill Levels 1–3 to NZD $28.00/hr; Skill Levels 4–5 to NZD $52.50/hr), Green List partner support threshold (NZD $35.00/hr), and adjustments to teaching pay steps under skilled residence.","policyCategory":"Labor migration / threshold adjustments","policyTool":"Wage thresholds and criteria indexation","sourceName":"Immigration New Zealand / MBIE","sourceUrl":"https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/Amendment-Circular-2026-01.pdf","preciseCitation":"Ministry of Business, Innovation & Employment (MBIE), Immigration New Zealand Instructions: Amendment Circular No. 2026-01, published 19 February 2026, effective 9 March 2026.","evidencePassage":".15 Points Summary SR3.20 Skilled employment SR3.25 Skill categories SR3.35 Skilled work experience in New Zealand SR4.10 Acceptable employment in a Tier 1 Green List role SR5.10 Acceptable employment in a Tier 2 Green List role SR5.15 Requirements for 24 months of work in New Zealand in a Tier 2 Green List role SR5.20 Work in New Zealand earning at least twice the median wage SR7.10 Acceptable employment in a Transport Sector role SR7.15 Skilled Residence: Transport Sector Work to Residence requirements for 24 months of work in New Zealand Changes have been made to temporary and residence immigration instructions to reflect the annual adjustment to the median wage and the wage thresholds indexed to it. These changes come into effect on 9 March 2026. 1 Appendix 1: Amendments to Residence and Temporary Entry instructions effective on and after 9 March 2026 2 Appendix 7 –Occupations considered as ANZSCO skill level 3 under Accredited Employer instructions The occupations listed below can be considered as ANZSCO skill level 3 for the purpose of assessing the relevant ANZSCO skill level under Accredited Employer instructions. Part 1 - Occupations that are to be treated as ANZSCO skill … list; or ii. their new occupation is listed on the Green List (Appendix 13) and they meet the requirements of the list; or iii. they are being paid at least twice the median wage ($70.00) (WA3.20(a)(i)). The labour market test is met if: i. the employer has advertised the position; and ii. they did not find any suitable and available New Zealand workers for the job. Essential skills work visa holders seeking to change their occupation need to be suitably qualified by qualification and/or experience for the employment on offer as required by the occupation in the ANZSCO which substantially matches … visa which state that they must: i. work for an employer accredited under the AEWV scheme; and o in a role paid at or above the median wage; or o in a role earning the relevant wage threshold if a sector agreement is in place for that role; and ii. not work in a role covered by a capped sector agreement Variation of conditions may be granted to allow the holder to undertake employment in any role for any employer anywhere in New Zealand. In order to be granted a variation of conditions under (a) above, the applicant’s supporting partner must earn at least $28.00 per hour (80 percent of the median … skill level 4 or 5 role, or an applicant who is the partner of an 57 Essential Skills work visa holder, where the supporting partner is paid at least $26.85 per hour, if on 26 June 2025 the applicant: i. held a relationship-based visa supported by the Accredited Employer work visa holder; or ii. had an application in progress for a relationship-based visa supported by the Accredited Employer work visa holder and that application was subsequently granted. A work visa may be granted to an applicant who is the partner of an Essential Skills work visa holder paid at least $28.00 per hour. WF3.1.5. … , the principal applicant must: i. be aged 55 or younger at the time the residence application is made; and ii. meet the skilled employment requirements (see SR3.20), including holding current employment or an offer of employment in New Zealand with an accredited employer (see WA2) which pays at least the equivalent of: o the median wage (currently ($35.00 per hour) if their occupation is listed at ANZSCO skill level 1-3; or o 1.5 times the median wage (currently $52.50 per hour) if their occupation is listed at ANZSCO skill level 4-5, or not included in ANZSCO; and iii. qualify for the 6 points … of $35.00 for the Skilled Migrant Category reflects the June 2025 publication of median wage data by Statistics New Zealand. - The Immigration view of version 1.3 of the ANZSCO provided by Statistics New Zealand is available here: Aria Stats NZ - ANZSCO SR3.10.1 Evidence An immigration officer may consider evidence and information provided in previous visa applications and submissions to Immigration New Zealand to determine whether the applicant meets the requirements for a Skilled Migrant Category visa. In cases where any relevant details have changed since an applicant’s most recent visa application","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-peak-seasonal-exclusions-20260419","countryCode":"NZ","country":"New Zealand","title":"Peak Seasonal Visa insurance may exclude specified conditions and events","policyEffect":"From 19 April 2026, compliant Peak Seasonal Visa insurance may exclude pre-existing conditions, sexually transmitted infections, pregnancy and childbirth except certain complications, HIV-related illness, suicide or attempted suicide, and events involving alcohol or non-prescribed drugs. If an excluded event results in death, the policy may also exclude returning the body home. Private insurance remains required for employment longer than three months, with transition protection for applications already in progress.","operativeDate":"2026-04-19","year":2026,"affectedGroup":"Peak seasonal visa applicants and supporting employers","materialConditionsAndExceptions":"Validated condition or limit: From 19 April 2026, compliant Peak Seasonal Visa insurance may exclude pre-existing conditions, sexually transmitted infections, pregnancy and childbirth except certain complications, HIV-related illness, suicide or attempted suicide, and events involving alcohol or non-prescribed drugs.; Private insurance remains required for employment longer than three months, with transition protection for applications already in progress.","policyCategory":"Work visas","policyTool":"Health insurance requirement","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/changes-to-health-insurance-requirements-for-the-peak-seasonal-visa","preciseCitation":"Peak Seasonal Visa permitted health-insurance exclusions; effective 19 April 2026.","evidencePassage":"From 19 April 2026, health insurance for the Peak Seasonal Visa (PSV) will change to make it clearer and easier for migrants and employers to meet the requirements. … pre-existing conditions sexually transmitted infections pregnancy and childbirth (except certain complications) HIV-related illness suicide or attempted suicide situations that involve the influence of alcohol or non-prescribed drugs. … Where an excluded event under an insurance policy (such as suicide) results in death, the policy may also exclude cover for the cost of returning someone's body to their home country. … People on a PSV are not eligible for publicly funded health care, so private health insurance is required where employment is longer than 3 months. … Applications already in progress will be assessed under transitional arrangements, allowing them to be considered against the updated health insurance requirements.","reviewMethod":"Two automated source reviews plus frozen-unit component adjudication","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-peak-seasonal-repatriation-20260419","countryCode":"NZ","country":"New Zealand","title":"Peak Seasonal Visa insurance no longer requires universal repatriation-of-remains cover","policyEffect":"From 19 April 2026, Peak Seasonal Visa health insurance no longer has to cover repatriation of remains in every circumstance. Private health insurance remains required for employment longer than three months; applications already in progress may be considered under the updated requirements.","operativeDate":"2026-04-19","year":2026,"affectedGroup":"Peak seasonal visa applicants and supporting employers","materialConditionsAndExceptions":"Validated condition or limit: Private health insurance remains required for employment longer than three months","policyCategory":"Work visas","policyTool":"Health insurance requirement","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/changes-to-health-insurance-requirements-for-the-peak-seasonal-visa","preciseCitation":"Peak Seasonal Visa health-insurance requirements; effective 19 April 2026.","evidencePassage":"From 19 April 2026, health insurance for the Peak Seasonal Visa (PSV) will change to make it clearer and easier for migrants and employers to meet the requirements. … Health insurance will no longer be required to cover repatriation of remains in any circumstances. … People on a PSV are not eligible for publicly funded health care, so private health insurance is required where employment is longer than 3 months. … Applications already in progress will be assessed under transitional arrangements, allowing them to be considered against the updated health insurance requirements.","reviewMethod":"Two automated source reviews plus frozen-unit component adjudication","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-1b6a210d7fe706b8510d","countryCode":"NZ","country":"New Zealand","title":"Standardization and Bifurcation of Open Work Visa Employment Conditions","policyEffect":"Immigration New Zealand implemented a formal restructuring of employment conditions attached to open work visas. From this date, all newly granted open work visas are issued with one of two explicit employment condition profiles: Allowing Any Work (permits working for any employer, self-employment/sole trading, or owning/operating a business for partner and post-study work visa holders) or Requiring Work for an Employer (restricts holders to direct employment or a contract for services, prohibiting running a proprietary business or self-employment for working holiday visas, migrant exploitation protection, domestic violence, trafficking, and asylum seeker work visas).","operativeDate":"2026-04-20","year":2026,"affectedGroup":"Open work visa holders (partners, post-study, working holiday, vulnerable/protection categories)","materialConditionsAndExceptions":"","policyCategory":"Work / post-study / family / humanitarian","policyTool":"Rights and conditions of stay / self-employment restriction / regulatory fine-tuning","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/upcoming-changes-to-employment-conditions-for-open-work-visa-holders","preciseCitation":"Immigration New Zealand, Ministry of Business, Innovation and Employment (MBIE)","evidencePassage":"Changes to employment conditions for open work visa holders Published 24 February 2026 Changes to employment conditions for people with open work visas came into effect from 20 April 2026. These changes are designed to provide clarity about what work is allowed under open work visas, helping migrants to better understand their rights and responsibilities. Clear and consistent visa conditions reduce uncertainty and support safer, fairer, and more compliant work practices for both migrants and employers. An open work visa lets you work for almost any employer, in any job or location in New Zealand, without needing a job offer. An employer-specific work visa, like the Accredited Employer Work Visa, links you to one employer and a set role. Employer-specific work visas will not be impacted by these changes. We recognise that not all migrants are familiar with New Zealand’s employment laws or business rules, and that changes to visa conditions can sometimes be difficult to navigate. Our focus is on education and helping people clearly understand their visa conditions. These changes do not apply to Student Visa holders. Two new types of employment conditions From Monday 20 April 2026, open … work visas include 1 of 2 employment conditions. 1. Open work visas allowing any work Some open work visa holders will be able to undertake any work in New Zealand. This includes working for an employer, sole trading, or owning and operating a business. This employment condition applies to the following visas: Partner of a Worker Work Visa Partner of a Student Work Visa Partner of a Student Work Visa supported by a New Zealand Scholarship funded by the Ministry of Foreign Affairs and Trade Post Study Work Visa Partner of a New Zealander Work Visa Partner of a Military Work Visa 2. Open work visas requiring work for an employer Other open work visa holders must work for an employer, either under an employment agreement or a contract for services. We consider a contract for services as employment. This employment condition applies to the following visas: Victims of Domestic Violence Work Visa Victims of People Trafficking Work Visa Migrant Exploitation Protection Work Visa Asylum Seeker Work Visa All working holiday visas Conditions that apply to all open work visas Regardless of the specific employment condition, if you have an open work visa you must meet the conditions of your visa and comply with New Zealand’s employment and business laws. On any open work visa, you cannot employ other people—either directly, or indirectly through a business you operate as an owner (including where the business is the named employer). If you have an open work visa you cannot provide commercial sexual services, or run or invest in a business that provides commercial sexual services. Transitional arrangements and support If you have an open work visa and have been doing work that is not permitted under your visa (excluding providing commercial sexual services), you may continue until your","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-pac-sq-income-20260430","countryCode":"NZ","country":"New Zealand","title":"Pacific Access and Samoan Quota dependent-child income threshold increased","policyEffect":"The minimum annual income threshold for Pacific Access Category and Samoan Quota applicants with dependent children increases from NZD $54,133.04 to NZD $55,404.96 per year for applications from 30 April 2026.","operativeDate":"2026-04-30","year":2026,"affectedGroup":"Pacific access category and samoan quota applicants with dependent children","materialConditionsAndExceptions":"Validated condition or limit: The minimum annual income threshold for Pacific Access Category and Samoan Quota applicants with dependent children increases from NZD $54,133.04 to NZD $55,404.96 per year for applications from 30 April 2026.","policyCategory":"Family and humanitarian","policyTool":"Income threshold","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/income-thresholds-to-increase-for-pacific-and-parent-visa-categories","preciseCitation":"Income thresholds to increase for Pacific and parent visa categories; effective 30 April 2026.","evidencePassage":"For applicants with dependent children, the minimum income threshold will increase from NZD $54,133.04 to NZD $55,404.96 per year. … For the Pacific Access Category and Samoan Quota, the updated income threshold will apply to applications from 30 April 2026 where the principal applicant has dependent children. … Pacific Access Category and Samoan Quota applicants … the updated income threshold will apply to applications from 30 April 2026 where the principal applicant has dependent children.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-parent-boost-applicant-income-20260430","countryCode":"NZ","country":"New Zealand","title":"Parent Boost applicant annual-income thresholds increased","policyEffect":"For Parent Boost applications lodged on or after 30 April 2026, applicants using annual income to fund their stay must earn at least NZD 33,663.24 a year, or NZD 51,182.56 when including a partner.","operativeDate":"2026-04-30","year":2026,"affectedGroup":"Parent boost visitor visa applicants relying on annual income for applications lodged on or after 30 april 2026","materialConditionsAndExceptions":"Validated condition or limit: For Parent Boost applications lodged on or after 30 April 2026, applicants using annual income to fund their stay must earn at least NZD 33,663.24 a year, or NZD 51,182.56 when including a partner.","policyCategory":"Family sponsorship","policyTool":"Applicant income threshold","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/income-thresholds-to-increase-for-pacific-and-parent-visa-categories","preciseCitation":"Parent Boost applicant annual-income thresholds; effective 30 April 2026.","evidencePassage":"For the Parent Boost Visitor Visa, the new sponsorship and applicant income and funds thresholds will apply to applications lodged on or after 30 April 2026. … NZD $33,663.24 a year, or NZD $51,182.56 a year if they are including a partner.","reviewMethod":"Two automated source reviews plus frozen-unit component adjudication","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-parent-boost-applicant-funds-20260430","countryCode":"NZ","country":"New Zealand","title":"Parent Boost applicant maintenance-funds thresholds increased","policyEffect":"For Parent Boost applications lodged on or after 30 April 2026, applicants using personal funds to fund their stay must hold at least NZD 170,000 in a bank account, or NZD 260,000 when including a partner.","operativeDate":"2026-04-30","year":2026,"affectedGroup":"Parent boost visitor visa applicants relying on personal funds for applications lodged on or after 30 april 2026","materialConditionsAndExceptions":"Validated condition or limit: For Parent Boost applications lodged on or after 30 April 2026, applicants using personal funds to fund their stay must hold at least NZD 170,000 in a bank account, or NZD 260,000 when including a partner.","policyCategory":"Family sponsorship","policyTool":"Maintenance funds threshold","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/income-thresholds-to-increase-for-pacific-and-parent-visa-categories","preciseCitation":"Parent Boost applicant maintenance-funds thresholds; effective 30 April 2026.","evidencePassage":"For the Parent Boost Visitor Visa, the new sponsorship and applicant income and funds thresholds will apply to applications lodged on or after 30 April 2026. … NZD $170,000, or NZD $260,000 if they are including a partner.","reviewMethod":"Two automated source reviews plus frozen-unit component adjudication","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-parent-boost-sponsor-income-20260430","countryCode":"NZ","country":"New Zealand","title":"Parent Boost sponsor income schedule increased","policyEffect":"For Parent Boost applications lodged on or after 30 April 2026, one sponsor must earn NZD 72,800 for one parent, rising by NZD 36,400 for each additional parent to NZD 254,800 for six; two sponsors must earn NZD 109,200 for one parent, rising to NZD 291,200 for six. Sponsors must meet the applicable minimum in two of the three completed New Zealand tax years before applying.","operativeDate":"2026-04-30","year":2026,"affectedGroup":"Sponsors for parent boost visitor visa applications lodged on or after 30 april 2026","materialConditionsAndExceptions":"Validated condition or limit: For Parent Boost applications lodged on or after 30 April 2026, one sponsor must earn NZD 72,800 for one parent, rising by NZD 36,400 for each additional parent to NZD 254,800 for six; two sponsors must earn NZD 109,200 for one parent, rising to NZD 291,200 for six.; Sponsors must meet the applicable minimum in two of the three completed New Zealand tax years before applying.","policyCategory":"Family sponsorship","policyTool":"Income threshold","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/income-thresholds-to-increase-for-pacific-and-parent-visa-categories","preciseCitation":"Parent Boost sponsor income schedule; effective 30 April 2026.","evidencePassage":"For the Parent Boost Visitor Visa, the new sponsorship and applicant income and funds thresholds will apply to applications lodged on or after 30 April 2026. … Sponsors must earn at least the minimum income each year. They also must have earned at least the minimum income for 2 out of the past 3 New Zealand completed tax years (1 April to 31 March) before applying. … NZD $72,800.00 NZD $109,200.00 NZD $145,600.00 NZD $182,000.00 NZD $218,400.00 NZD $254,800.00 … NZD $109,200.00 NZD $145,600.00 NZD $182,000.00 NZD $218,400.00 NZD $254,800.00 NZD $291,200.00","reviewMethod":"Two automated source reviews plus frozen-unit component adjudication","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-parent-sponsor-income-20260430","countryCode":"NZ","country":"New Zealand","title":"Parent Category sponsor income thresholds indexed to NZD 35 median wage","policyEffect":"From 30 April 2026, Parent Category Resident Visa sponsorship income thresholds are updated to reflect the June 2025 median wage of NZD 35.00 per hour, up from NZD 33.56. Sponsors must meet the income threshold that applied for the chosen two 12-month periods during the 3 years before the Expression of Interest was selected. People who have already applied under the Parent Category Resident Visa are not affected.","operativeDate":"2026-04-30","year":2026,"affectedGroup":"Sponsors for parent category resident visa applicants","materialConditionsAndExceptions":"Validated condition or limit: Sponsors must meet the income threshold that applied for the chosen two 12-month periods during the 3 years before the Expression of Interest was selected.","policyCategory":"Family sponsorship","policyTool":"Income threshold","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/income-thresholds-to-increase-for-pacific-and-parent-visa-categories","preciseCitation":"Income thresholds to increase for Pacific and parent visa categories; effective 30 April 2026.","evidencePassage":"Sponsorship income thresholds will be updated to reflect the June 2025 median wage of NZD $35.00 per hour, up from NZD $33.56. … From 30 April 2026, income and sponsorship thresholds will increase for several Pacific and family visa categories. … Parent Category Resident Visa applicants Sponsors must meet the income threshold that applied for the chosen two 12-month periods during the 3 years before the Expression of Interest was selected. … Sponsors must meet the income threshold that applied for the chosen two 12-month periods during the 3 years before the Expression of Interest was selected. People who have already applied under the Parent Category Resident Visa are not affected.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ceeb396d300be05cb17d","countryCode":"NZ","country":"New Zealand","title":"Active Investor Plus Visa Philanthropy Option Added to Growth Category","policyEffect":"Growth Category applicants under the Active Investor Plus (AIP) Visa can now count philanthropic gifts towards up to 20% of their total investment (capped at NZD $1 million). The remaining 80% (NZD $4 million minimum) must still be invested in acceptable higher-growth assets.","operativeDate":"2026-06-01","year":2026,"affectedGroup":"Active Investor Plus (Growth category) visa applicants","materialConditionsAndExceptions":"Philanthropic contributions are capped at 20% (up to NZD $1m of the NZD $5m minimum), with the remaining 80% invested in acceptable investments. Eligible charities must have been operating for at least five years, be Tier 1-3, and gifts must benefit New Zealand and cannot personally benefit the applicant.","policyCategory":"eligibility","policyTool":"rules_specifications","sourceName":"beehive.govt.nz","sourceUrl":"https://beehive.govt.nz/release/aip-visa-growth-category-expands-philanthropy","preciseCitation":"Beehive.govt.nz Press Release, 'AIP Visa Growth Category expands to philanthropy', 25 May 2026","evidencePassage":"From 1 June 2026, applicants in the Growth category will be able to include philanthropic gifts of up to 20 percent of their total investment, with the remainder continuing to be invested in higher-growth assets.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-aewv-skill3-english-20260601","countryCode":"NZ","country":"New Zealand","title":"AEWV English requirement extended to skill-level 3 occupations","policyEffect":"From 1 June 2026, Accredited Employer Work Visa (AEWV) minimum English language requirements will apply to ANZSCO and NOL skill level 3 occupations. Global Workforce Seasonal Visa and Peak Seasonal Visa AEWV applications are not required to meet the minimum standard of English, and the requirement does not apply to Job Change applications. People with an AEWV whose visas expire on or before 1 December 2026 will be exempt from the new English language requirement when applying for a further AEWV at skill level 3. People on an AEWV who have already provided evidence that they can speak and understand English as part of a previous AEWV application will also be exempt. Migrants who apply for an AEWV at skill level 3 from 1 June onwards will need to meet the new English language requirements, even if their employer received a job check token before 1 June 2026.","operativeDate":"2026-06-01","year":2026,"affectedGroup":"Applicants for accredited employer work visas in anzsco or nol skill-level 3 occupations","materialConditionsAndExceptions":"Validated condition or limit: From 1 June 2026, Accredited Employer Work Visa (AEWV) minimum English language requirements will apply to ANZSCO and NOL skill level 3 occupations.; Global Workforce Seasonal Visa and Peak Seasonal Visa AEWV applications are not required to meet the minimum standard of English, and the requirement does not apply to Job Change applications.; People with an AEWV whose visas expire on or before 1 December 2026 will be exempt from the new English language requirement when applying for a further AEWV at skill level 3.; People on an AEWV who have already provided evidence that they can speak and understand English as part of a previous AEWV application will also be exempt.; Migrants who apply for an AEWV at skill level 3 from 1 June onwards will need to meet the new English language requirements, even if their employer received a job check token before 1 June 2026.","policyCategory":"Work visas","policyTool":"Language requirement","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/english-language-requirements-extended-to-aewv-skill-level-3-roles","preciseCitation":"English language requirements extended to AEWV skill level 3 roles; effective 1 June 2026.","evidencePassage":"From 1 June 2026, Accredited Employer Work Visa (AEWV) minimum English language requirements will apply to ANZSCO and NOL skill level 3 occupations. … From 1 June 2026 people applying for an AEWV at ANZSCO or NOL skill skill 3 will also need to meet this requirement. … Global Workforce Seasonal Visa and Peak Seasonal Visa AEWV applications are not required to meet the minimum standard of English, and the requirement does not apply to Job Change applications. … People with an AEWV whose visas expire on or before 1 December 2026 will be exempt from the new English language requirement when applying for a further AEWV at skill level 3. … People on an AEWV who have already provided evidence that they can speak and understand English as part of a previous AEWV application will also be exempt. … Migrants who apply for an AEWV at skill level 3 from 1 June onwards will need to meet the new English language requirements, even if their employer received a job check token before 1 June 2026.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-32a5cc96d6bc66b36b4b","countryCode":"NZ","country":"New Zealand","title":"English Language Requirements Extended to AEWV Skill Level 3 Roles","policyEffect":"Immigration New Zealand has expanded the baseline English language requirement to include all Accredited Employer Work Visa (AEWV) applications categorized under Skill Level 3 of the ANZSCO and NOL. Applicants must now demonstrate basic English proficiency equivalent to an IELTS score of 4.0, subject to specific transitional exemptions for current visa holders.","operativeDate":"2026-06-01","year":2026,"affectedGroup":"Accredited Employer Work Visa (AEWV) applicants for ANZSCO and NOL skill level 3 occupations","materialConditionsAndExceptions":"Does not apply to Global Workforce Seasonal Visa, Peak Seasonal Visa AEWV applications, or Job Change applications. People with an AEWV expiring on or before 1 December 2026 applying for a further AEWV at skill level 3, or those who previously provided evidence, are exempt.","policyCategory":"eligibility","policyTool":"rule","sourceName":"immigration.govt.nz","sourceUrl":"https://immigration.govt.nz/about-us/news-centre/english-language-requirements-extended-to-aewv-skill-level-3-roles","preciseCitation":"Immigration New Zealand Announcement, 'English language requirements extended to AEWV skill level 3 roles', 25 May 2026","evidencePassage":"From 1 June 2026, Accredited Employer Work Visa (AEWV) minimum English language requirements will apply to ANZSCO and NOL skill level 3 occupations.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-pacific-visitor-fee-20260601","countryCode":"NZ","country":"New Zealand","title":"Pacific visitor visa fee temporarily reduced for 12 months","policyEffect":"For 12 months starting from 1 June 2026, the total visitor visa cost for eligible nationals of 13 Pacific countries applying outside New Zealand is reduced from NZD $216 to NZD $161, which includes the standard immigration levy of NZD $41. Parent Boost Visitor Visa and Group Visitor Visas are excluded from this reduction.","operativeDate":"2026-06-01","year":2026,"affectedGroup":"Eligible nationals of the 13 listed pacific countries applying outside new zealand for a visitor visa","materialConditionsAndExceptions":"Validated condition or limit: For 12 months starting from 1 June 2026, the total visitor visa cost for eligible nationals of 13 Pacific countries applying outside New Zealand is reduced from NZD $216 to NZD $161, which includes the standard immigration levy of NZD $41.","policyCategory":"Fees","policyTool":"Temporary fee reduction","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/visitor-visa-fees-temporarily-reduced-for-pacific-nationals","preciseCitation":"Visitor visa fees temporarily reduced for Pacific nationals; effective 1 June 2026 for 12 months.","evidencePassage":"A temporary reduction in visitor visa fees for Pacific nationals has taken effect from 1 June 2026 for 12 months. The total cost will be reduced to NZD $161 from NZD $216 (this includes the standard immigration levy of NZD $41). … A temporary reduction in visitor visa fees for Pacific nationals has taken effect from 1 June 2026 for 12 months. … People visiting from the following Pacific nations will have reduced visitor visa fees: American Samoa the Federated States of Micronesia Fiji Kiribati Nauru Palau Papua New Guinea Republic of the Marshall Islands Samoa Solomon Islands Tonga Tuvalu Vanuatu. … This fee reduction only applies to individuals applying outside of New Zealand. … Parent Boost Visitor Visa and Group Visitor Visas are not included in this fee reduction.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-944796a35a03997e61ab","countryCode":"NZ","country":"New Zealand","title":"Requirement for Upfront Police Certificates for Student and Temporary Visas","policyEffect":"Immigration New Zealand now requires applicants to submit required police certificates at the time of application submission. Receipts or confirmation of application will no longer be accepted. Failure to provide the certificate may result in the application being declined or receiving a significantly restricted visa duration.","operativeDate":"2026-07-01","year":2026,"affectedGroup":"Applicants for student and temporary visas requiring police certificates","materialConditionsAndExceptions":"Applicants from Fiji, Hong Kong, and Israel whose certificates are sent directly to INZ by issuing authorities may upload proof of application.","policyCategory":"adjudication","policyTool":"administrative_guidance","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/about-us/news-centre/police-certificates-required-upfront-for-student-and-temporary-visas","preciseCitation":"Immigration New Zealand, News centre, 'Police certificates required upfront for student and temporary visas', 01 July 2026","evidencePassage":"Immigration New Zealand (INZ) requires police certificates to be provided upfront for student and other temporary visa applications. What is changing If applicants do not include a required police certificate, it may affect their visa decision. The application may be declined. If a police certificate is required, applicants must upload it when they apply so their application can be assessed with complete information. Receipts or confirmation that they have applied will not be accepted.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d3de8d49c4573e5625a2","countryCode":"NZ","country":"New Zealand","title":"Business Investor Work Visa Policy Updates","policyEffect":"Immigration New Zealand has updated the Business Investor Work Visa policy to expand investment criteria. Key changes include allowing investments in franchise businesses, enabling investments to be made through New Zealand resident entities instead of requiring direct personal ownership, and permitting the use of gifted capital provided the funds were lawfully acquired.","operativeDate":"2026-07-06","year":2026,"affectedGroup":"Business Investor Work Visa applicants","materialConditionsAndExceptions":"Investments in franchise businesses must meet existing requirements; purchasing businesses through a New Zealand resident entity must reflect standard commercial practice; gifted capital is allowed where it has been lawfully earned.","policyCategory":"eligibility","policyTool":"investor_criteria","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/about-us/news-centre/business-investor-visa-updates-to-unlock-wider-investment-opportunities","preciseCitation":"Immigration New Zealand, News centre, Announcement, Business Investor Work Visa updates to unlock wider investment opportunities","evidencePassage":"From 6 July 2026, applicants can invest in franchise businesses that meet existing requirements, widening the range of eligible opportunities. They can also purchase businesses through a New Zealand resident entity, reflecting standard commercial practice and simplifying the investment process. The Government is also introducing greater flexibility in how investment funds are sourced, allowing gifted capital where it has been lawfully earned.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-nz-oet-in-person-20260713","countryCode":"NZ","country":"New Zealand","title":"Occupational English Test must be completed in person","policyEffect":"From midnight 12 July 2026 New Zealand Standard Time (NZST), all parts of the Occupational English Test (OET) used for an immigration application must be completed in person at a supervised test centre, and online testing from home is not permitted. Computer-based OET tests with a remotely administered speaking component completed before 13 July 2026 remain acceptable. OET@Home is not an acceptable English language test and has never been accepted.","operativeDate":"2026-07-13","year":2026,"affectedGroup":"Applicants using the occupational english test for immigration applications","materialConditionsAndExceptions":"Validated condition or limit: From midnight 12 July 2026 New Zealand Standard Time (NZST), all parts of the Occupational English Test (OET) used for an immigration application must be completed in person at a supervised test centre, and online testing from home is not permitted.; Computer-based OET tests with a remotely administered speaking component completed before 13 July 2026 remain acceptable.","policyCategory":"Evidence requirements","policyTool":"Language test delivery","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/update-on-english-language-testing-for-immigration-applications","preciseCitation":"Update on English language testing for immigration applications; effective 13 July 2026.","evidencePassage":"From midnight 12 July 2026 New Zealand Standard Time (NZST), you must take all parts of the Occupational English Test (OET) in person at a supervised test centre. You will not be able to complete the test online from home. … If you take the test on or after 13 July 2026, you must go to a test centre. … From midnight 12 July 2026 NZST, we will only accept in-person tests for applications where OET is used as the English language test. … If you completed the computer-based OET test with a remotely administered speaking component before 13 July 2026, you can still use those results for your application. The OET@Home test is not an acceptable English language test for Immigration New Zealand purposes and has never been accepted.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-72b77647510c36fd775e","countryCode":"NZ","country":"New Zealand","title":"Improvements and Flexibility for the Pathway Student Visa (PSV)","policyEffect":"New Zealand announced updates to the Pathway Student Visa to increase flexibility. Changes include removing the requirement for Year 12 and 13 students to specify an exact tertiary discipline upfront, allowing usage for NZQCF Levels 1 to 4 (including foundation and vocational programs), and extending the maximum English language study duration for first-time holders from 20 to 30 weeks.","operativeDate":"2026-07-20","year":2026,"affectedGroup":"International students applying for or holding Pathway Student Visas (including Year 12 and 13 students transitioning to tertiary study, students enrolled in NZQCF levels 1-4, and students undertaking English language courses)","materialConditionsAndExceptions":"Students still must meet core requirements including health, character, and genuine student status. Year 12 and 13 students must still state their planned subject area, level, and provider at application, but their visa conditions only record the qualification type and provider.","policyCategory":"eligibility","policyTool":"visa_conditions","sourceName":"immigration.govt.nz","sourceUrl":"https://immigration.govt.nz/about-us/news-centre/improvements-to-the-pathway-student-visa","preciseCitation":"Immigration New Zealand, Announcement: Improvements to the Pathway Student Visa to better support international students (Published 20 July 2026)","evidencePassage":"On Monday 20 July 2026, the following changes to the Pathway Student Visa (PSV) took effect. Year 12 and 13 students have more flexibility if their plans change. They still need to confirm their subject area, level and provider during their application, but their PSV conditions only specify the tertiary qualification and the education provider. There are more study pathways at lower levels. Students can use the PSV for study pathways that lead to, or move between, New Zealand Qualifications and Credentials Framework ( ) levels 1 to 4. This includes English language study, foundation programmes, and vocational certificates. Students have more time to complete English language study. Some first-time PSV holders moving to NZQCF levels 1 to 8 can spend up to 30 weeks studying English before starting their next qualification. This is an increase from 20 weeks.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-1e5210d9e0ba3c03bba4","countryCode":"NZ","country":"New Zealand","title":"Pathway Student Visa Flexibility and Condition Amendments","policyEffect":"Immigration New Zealand introduced operational manual amendments to the Pathway Student Visa (PSV) instructions. First, Year 12 and 13 secondary school applicants are no longer locked into a specific tertiary course/discipline; conditions only specify the tertiary qualification level and approved education provider. Second, the PSV scope is expanded to cover study pathways leading to, or moving between, NZ Qualifications and Credentials Framework (NZQCF) Levels 1 through 4. Third, maximum allowable preparatory English language study for first-time PSV holders progressing to NZQCF Levels 1–8 was extended from 20 to 30 weeks.","operativeDate":"2026-07-20","year":2026,"affectedGroup":"International students / secondary & tertiary students","materialConditionsAndExceptions":"Validated condition or limit: conditions only specify the tertiary qualification level and approved education provider.; Third, maximum allowable preparatory English language study for first-time PSV holders progressing to NZQCF Levels 1–8 was extended from 20 to 30 weeks.","policyCategory":"Temporary stay / study conditions","policyTool":"Conditions flexibility / extension of preparatory study duration","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/improvements-to-the-pathway-student-visa","preciseCitation":"Immigration New Zealand, Operational Manual Changes: Pathway Student Visa Conditions Update, 20 July 2026.","evidencePassage":"works well for students with clear study plans. These changes will give more flexibility to students planning their studies, especially those whose plans become clearer over time. This includes more: options for secondary school students study pathways at lower levels, and time to complete English language studies. Together, these changes mean students can keep their options open for longer and choose from a wider range of study pathways. What is changing On Monday 20 July 2026, the following changes to the Pathway Student Visa (PSV) took effect. Year 12 and 13 students have more flexibility if their plans change. They still need to confirm their subject area, level and provider during their application, but their PSV conditions only specify the tertiary qualification and the education provider. There are more study pathways at lower levels. Students can use the PSV for study pathways that lead to, or move between, New Zealand Qualifications and Credentials Framework ( ) levels 1 to 4. This includes English language study, foundation programmes, and vocational certificates. Students have more time to complete English language study. Some first-time PSV holders moving to NZQCF levels 1 … to 8 can spend up to 30 weeks studying English before starting their next qualification. This is an increase from 20 weeks. Changes to Pathway Student Visa conditions On Monday 20 July 2026, PSV conditions for students progressing from school to tertiary study became more flexible. When applying, students still need to tell us: the subject area they plan to study, for example, science, health or engineering the level they plan to study, for example bachelor’s degree, and the education provider they intend to study with, for example the University of Otago. However, their visa conditions only state the qualification type and education provider. For example, “Bachelor’s degree at University of Auckland”. This means students can change disciplines, with their provider’s approval, without needing to apply for a new student visa. Before 20 July, PSV conditions specified both the qualification and the discipline a student intended to study, for example, “Bachelor of Science at University of Auckland”. This meant that if a student decided to change disciplines after finishing secondary school, like switching to a Bachelor of Arts, they would need to apply for a new student visa before they","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-ed749b7eeaa23ba4808c","countryCode":"NZ","country":"New Zealand","title":"Hepatitis B and C removed from resident-visa high-cost health list","policyEffect":"For resident-visa applications submitted on or after 3 August 2026, hepatitis B and hepatitis C no longer cause an automatic finding that the applicant lacks an acceptable standard of health. Applicants must still meet New Zealand's health requirements and are assessed on their individual medical circumstances.","operativeDate":"2026-08-03","year":2026,"affectedGroup":"Resident-visa applicants with hepatitis b or hepatitis c whose applications are submitted on or after 3 august 2026","materialConditionsAndExceptions":"Validated condition or limit: For resident-visa applications submitted on or after 3 August 2026, hepatitis B and hepatitis C no longer cause an automatic finding that the applicant lacks an acceptable standard of health.; Applicants must still meet New Zealand's health requirements and are assessed on their individual medical circumstances.","policyCategory":"Residence class visas / medical and health admissibility settings","policyTool":"Health instructions modification / de-listing default disqualifying medical conditions","sourceName":"Immigration New Zealand","sourceUrl":"https://www.immigration.govt.nz/about-us/news-centre/hepatitis-b-and-c-removed-from-resident-visa-high-cost-health-conditions-list","preciseCitation":"Hepatitis B and C removed from resident visa high-cost health conditions list; effective for applications submitted on or after 3 August 2026.","evidencePassage":"Resident visa applications submitted on or after 3 August 2026, applicants with hepatitis B or hepatitis C will no longer be automatically assessed as not having an acceptable standard of health. … Applicants will still need to meet New Zealand’s health requirements. However, INZ medical assessors will now consider the individual medical circumstances of each applicant with hepatitis B or C rather than automatically finding they will impose significant costs or demands on New Zealand's health or education services.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp6-4ddc75b509c0391603de","countryCode":"NZ","country":"New Zealand","title":"Skilled Migrant Category (SMC) Three-Pathway Restructuring, Wage Threshold Anchor, and Overseas Evidentiary Instructions","policyEffect":"Restructures the Skilled Migrant Category into three distinct residence pathways (Points-based, Skilled Work Experience, and Trades and Technician pathways), introduces wage threshold anchoring tied to the start of skilled work experience accrual, and adjusts evidentiary requirements for overseas work experience. Phase scope: Operative across all SMC residence applications lodged on or after 24 August 2026.","operativeDate":"2026-08-24","year":2026,"affectedGroup":"Skilled migrants, technicians, tradespersons, and accredited employer sponsored workers","materialConditionsAndExceptions":"Validated condition or limit: Restructures the Skilled Migrant Category into three distinct residence pathways (Points-based, Skilled Work Experience, and Trades and Technician pathways), introduces wage threshold anchoring tied to the start of skilled work experience accrual, and adjusts evidentiary requirements for overseas work experience.; Phase scope: Operative across all SMC residence applications lodged on or after 24 August 2026.","policyCategory":"Labor migration / permanent residence","policyTool":"Points system, pathway creation, wage threshold anchoring, and evidentiary standards","sourceName":"Immigration New Zealand","sourceUrl":"https://immigration.govt.nz/about-us/news-centre/final-details-about-changes-to-the-skilled-migrant-category-resident-visa-and-work-to-residence-visa","preciseCitation":"Immigration New Zealand, 'Final details about changes to the Skilled Migrant Category Resident Visa and work to residence visas', 18 June 2026","evidencePassage":"Immigration New Zealand (INZ) is announcing final details on changes to the Skilled Migrant Category (SMC) ahead of these changes taking effect on 24 August 2026. In addition, INZ is also announcing changes to the wage rate rules for work to residence visas.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-29c0f64a1924e30102fd","countryCode":"US","country":"United States","title":"HIV-based inadmissibility and required immigration HIV testing removed","policyEffect":"From January 4, 2010, HHS and CDC removed HIV infection from the definition of a communicable disease of public health significance in 42 CFR part 34. Noncitizens were no longer inadmissible to the United States solely because they had HIV, and HIV testing was no longer required as part of the immigration medical examination. This did not remove the remaining immigration medical-examination requirements.","operativeDate":"2010-01-04","year":2010,"affectedGroup":"Noncitizens subject to us health-related admissibility rules and immigration medical examinations","materialConditionsAndExceptions":"Validated condition or limit: Noncitizens were no longer inadmissible to the United States solely because they had HIV, and HIV testing was no longer required as part of the immigration medical examination.","policyCategory":"Admission","policyTool":"Eligibility","sourceName":"HHS / CDC, Federal Register","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2009-11-02/html/E9-26337.htm","preciseCitation":"Medical Examination of Aliens—Removal of HIV Infection From Definition of Communicable Disease of Public Health Significance","evidencePassage":"ion of Communicable Disease of Public Health Significance AGENCY: Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (HHS) ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Through this final rule, the Centers for Disease Control and Prevention (CDC), within the U.S. Department of Health and Human Services (HHS), is amending its regulations to remove ``Human Immunodeficiency Virus (HIV) infection'' from the definition of communicable disease of public health significance and remove references to ``HI … V'' from the scope of examinations for aliens. Prior to this final rule, aliens with HIV infection were considered to have a communicable disease of public health significance and were thus inadmissible to the United States per the Immigration and Nationality Act (INA). While HIV infection is a serious health condition, it is not a communicable disease that is a significant public health risk for introduction, transmission, and spread to the U.S. population through casual contact. As a result of this final rule, aliens will no longer be inadmissible into the United States based solely on the g … ore, HHS/CDC amends 42 CFR 34 as follows: HIV infection is removed from the definition of a communicable disease of public health significance as defined in 42 CFR 34.2(b), and references to HIV are removed from the scope of examinations in 42 CFR 34.3. As a result, beginning on the effective date of this rule, HIV infection will no longer be an inadmissible condition, and HIV testing will no longer be required for those aliens who are required to undergo a medical examination for U.S. immigration purposes. HHS/CDC has considered the rationale for all the public comments on the proposed rule. … of the United States; (2) aliens arriving in the United States; and (3) aliens required by the U.S. Department of Homeland Security (DHS) to have a medical examination in connection with determination of their admissibility into the United States; and (4) aliens who apply for adjustment of their immigration status to that of lawful permanent resident. While 42 CFR part 34 can apply to individuals who wish to come to the United States on a temporary basis, such as leisure or business travelers, a medical examination is not routinely required as a condition for issuance of non-immigrant visas or … entry into the United States. Aliens who are already in the United States may apply to adjust to permanent resident status pursuant to statutorily-eligible adjustment categories. See INA Sec. 245; 8 U.S.C. 1255. Refugees and aslyees may also apply to adjust to permanent resident status from inside the United States. See INA Sec. 209; 8 U.S.C. 1159. An alien seeking permanent residence, whether through an immigrant visa or asylee status, or through an adjustment of status must undergo a medical examination to determine whether the alien is inadmissible on medical grounds. Aliens seeking admiss … round they are infected with HIV, and they will not be required to undergo HIV testing as part of the required medical examination for U.S. immigration. DATES: This final rule is effective January 4, 2010. FOR FURTHER INFORMATION CONTACT: Stacy M. Howard, Division of Global Migration and Quarantine, Centers for Disease Control and Prevention, U.S. Department of Health and Human Services, 1600 Clifton Road, NE., MS E-03, Atlanta, Georgia 30333; telephone 404-498-1600. SUPPLEMENTARY INFORMATION: The preamble to this final rule is organized as follows: I. Legal Authority II. Background A. Medical","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-aa3a83a9f88526b09b0c","countryCode":"US","country":"United States","title":"USCIS Guidance on Determining Employer-Employee Relationship in H-1B Petitions","policyEffect":"USCIS issued updated guidance to adjudication officers clarifying what constitutes a valid employer-employee relationship to qualify for the H-1B specialty occupation classification, specifically targeting independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. Phase scope: Nationwide for all Form I-129 H-1B specialty occupation petitions filed with USCIS.","operativeDate":"2010-01-08","year":2010,"affectedGroup":"H-1b petitioners and nonimmigrant specialty occupation workers","materialConditionsAndExceptions":"","policyCategory":"Labor migration / temporary work visas","policyTool":"Adjudicative evidentiary standard / employer eligibility criteria","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://uscis.gov/archive/questions-answers-memoranda-on-establishing-the-employer-employee-relationship-in-h-1b-petitions","preciseCitation":"USCIS Policy Memorandum, Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements, HQ 70/6.2.8 / AFM Update AD 10-24 (Jan. 8, 2010)","evidencePassage":"On Jan. 8, 2010, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum clarifies such relationships, particularly for independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-162cdd08ce5413509c80","countryCode":"US","country":"United States","title":"Designation of Haiti for Temporary Protected Status","policyEffect":"Designated Haiti for Temporary Protected Status (TPS) for 18 months, providing protection from deportation/removal and employment authorization to eligible Haitian nationals continuously residing in the US since January 12, 2010.","operativeDate":"2010-01-21","year":2010,"affectedGroup":"Refugees, asylum seekers and other vulnerable people","materialConditionsAndExceptions":"Validated condition or limit: Designated Haiti for Temporary Protected Status (TPS) for 18 months, providing protection from deportation/removal and employment authorization to eligible Haitian nationals continuously residing in the US since January 12, 2010.","policyCategory":"Legal entry and stay","policyTool":"Entry visa / stay permit","sourceName":"Federal Register (USCIS, DHS)","sourceUrl":"https://www.federalregister.gov/documents/2010/01/21/2010-1169/designation-of-haiti-for-temporary-protected-status","preciseCitation":"Wasem and Ester 2011; 75 FR 3476 (Docket No. USCIS-2010-0003)","evidencePassage":"Under this designation, Haitian nationals (and aliens having no nationality who last habitually resided in Haiti) who have continuously resided in the United States since January 12, 2010, and who remain in continual physical presence in the United States from the effective date of the notice, may apply for TPS within the 180-day registration period that begins on the date of publication of the notice. These nationals also may apply for employment authorization documents and for permission to depart from and return to the United States.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-232b884de7e01c7fae91","countryCode":"US","country":"United States","title":"Temporary Agricultural Employment of H-2A Aliens in the United States","policyEffect":"The Department of Labor revised regulations governing the certification and employment of H-2A nonimmigrant temporary/seasonal agricultural workers, reintroducing stricter labor certification requirements, higher employer wage and recruitment obligations, and enhanced enforcement under 29 CFR part 501.","operativeDate":"2010-03-15","year":2010,"affectedGroup":"Low-skilled workers","materialConditionsAndExceptions":"","policyCategory":"Legal entry and stay","policyTool":"Work visa / permit","sourceName":"Federal Register / U.S. Department of Labor, Employment and Training Administration and Wage and Hour Division","sourceUrl":"https://www.federalregister.gov/documents/2010/02/12/2010-2731/temporary-agricultural-employment-of-h-2a-aliens-in-the-united-states","preciseCitation":"SOPEMI 2010: 250","evidencePassage":"The Department of Labor (the Department or DOL) is amending its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. The Department is also amending the regulations at 29 CFR part 501 to provide for enhanced enforcement under the H-2A program requirements so that workers are appropriately protected when employers fail to meet their obligations under the H-2A program.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-c7a2951338fccea1eec1","countryCode":"US","country":"United States","title":"Deferred Enforced Departure and Employment Authorization Extension for Liberians","policyEffect":"Extends Deferred Enforced Departure (DED) for eligible Liberian nationals and habitual residents present in the United States for an additional 18 months from March 31, 2010, and authorizes employment for eligible individuals. Phase scope: Nationwide for eligible Liberians under existing grant of DED as of March 31, 2010","operativeDate":"2010-03-31","year":2010,"affectedGroup":"Liberian nationals and individuals without nationality who last habitually resided in liberia","materialConditionsAndExceptions":"Validated condition or limit: Extends Deferred Enforced Departure (DED) for eligible Liberian nationals and habitual residents present in the United States for an additional 18 months from March 31, 2010, and authorizes employment for eligible individuals.; Phase scope: Nationwide for eligible Liberians under existing grant of DED as of March 31, 2010","policyCategory":"Humanitarian protection / removal deferral and work authorization","policyTool":"Deferred enforced departure (ded) and employment authorization","sourceName":"White House Presidential Actions / archives.gov","sourceUrl":"https://obamawhitehouse.archives.gov/the-press-office/presidential-memorandum-deferred-enforced-departure-liberians","preciseCitation":"Presidential Memorandum of March 19, 2010, Subject: Deferred Enforced Departure for Liberians","evidencePassage":"The grant of DED only applies to an individual who has continuously resided in the United States since October 1, 2002, except for Liberian nationals, or persons without nationality who last habitually resided in Liberia: (1) who are ineligible for TPS for the reasons provided in section 244(c)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. 1254a(c)(2)(B); (2) whose removal you determine is in the interest of the United States; (3) whose presence or activities in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States; (4) who have voluntarily returned to Liberia or his or her country of last habitual residence outside the United States; (5) who were deported, excluded, or removed prior to the date of this memorandum; or (6) who are subject to extradition. Accordingly, I direct you to take the necessary steps to implement for eligible Liberians: (1) a deferral of enforced departure from the United States for 18 months from March 31, 2010; and (2) authorization for employment for 18 months from March 31, 2010.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-e696d758c2bf8dee9ead20c8","countryCode":"US","country":"United States","title":"incorporates the exemption for facilities in Guam, the CNMI, and the Virgin Islands from certain cost reporting criteria necessary for H-1C eligibility under sec.","policyEffect":"incorporates the exemption for facilities in Guam, the CNMI, and the Virgin Islands from certain cost reporting criteria necessary for H-1C eligibility under sec. 212(m)(6)(B) of the INA","operativeDate":"2010-04-05","year":2010,"affectedGroup":"Facilities in guam, the commonwealth of the northern mariana islands (cnmi), and the virgin islands","materialConditionsAndExceptions":"Recorded validated scope: H-1C nonimmigrant nurse program eligibility.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2010/03/05/2010-4475/attestation-applications-by-facilities-temporarily-employing-h-1c-nonimmigrant-foreign-workers-as","preciseCitation":"","evidencePassage":"and Human Services (HHS) that only those 14 hospitals listed in the preamble to the IFR remain eligible to participate in the H-1C program. As explained in greater detail in the preamble to the IFR, the definition of facility requires the application of time-specific tests and does not afford any flexibility with regard to these criteria. 65 FR 51143, Aug. 22, 2000. The Consolidated Natural Resources Act of 2008 (CNRA), Title VII, Public Law 110-229, 122 Stat. 754, 853, which extended U.S. immigration law to the Commonwealth of the Northern Mariana Islands (CNMI), also exempted facilities in … Guam, the CNMI, and the Virgin Islands from certain cost reporting criteria necessary for H-1C eligibility [[Page 10397]] under sec. 212(m)(6)(B) of the INA (8 U.S.C. 1182(m)(6)(B)). This Final Rule incorporates this exemption. However, the CNRA did not provide any exemption from the requirement that a facility be a hospital located in one of the 50 States or District of Columbia, as defined in 42 U.S.C. 1395ww(d)(1)(B). See 8 U.S.C. 1182(m)(6). Accordingly, despite the exemption from certain cost reporting criteria, facilities in Guam, CNMI, and the Virgin Islands still would not be eligible … care inpatient days for such period; and (iii) The number of the hospital's inpatient days for such period which were made up of patients who (for such days) were eligible for medical assistance under a State plan approved under Title XIX of the Social Security Act, is not less than 28 percent of the total number of such hospital's acute care inpatient days for such period. (3) The requirements of paragraph (2) of this definition shall not apply to a facility in Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands. * * * * * Office of Foreign Labor Certification (OFLC) means","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-8d65dfda7d3aa050b60b","countryCode":"US","country":"United States","title":"Extension of the Designation of Nicaragua for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation","policyEffect":"Extends the designation of Nicaragua for Temporary Protected Status (TPS) for 18 months through January 5, 2012, and automatically extends the validity of existing TPS-related Employment Authorization Documents (EADs) for eligible Nicaraguan beneficiaries for six months through January 5, 2011. Phase scope: Nationwide for eligible Nicaraguan nationals (and individuals without nationality who last habitually resided in Nicaragua) with existing TPS.","operativeDate":"2010-07-06","year":2010,"affectedGroup":"Humanitarian migrants / tps holders","materialConditionsAndExceptions":"Validated condition or limit: Extends the designation of Nicaragua for Temporary Protected Status (TPS) for 18 months through January 5, 2012, and automatically extends the validity of existing TPS-related Employment Authorization Documents (EADs) for eligible Nicaraguan beneficiaries for six months through January 5, 2011.; Phase scope: Nationwide for eligible Nicaraguan nationals (and individuals without nationality who last habitually resided in Nicaragua) with existing TPS.","policyCategory":"Legal entry and stay","policyTool":"Stay permit / employment authorization","sourceName":"Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices","sourceUrl":"https://govinfo.gov/content/pkg/FR-2010-05-05/pdf/2010-10619.pdf","preciseCitation":"75 FR 24737","evidencePassage":"Massachusetts after consultation with appropriate SUMMARY: This Notice announces that Avenue, NW., Washington, DC 20529– agencies of the government, to designate the Secretary of Homeland Security 2060, telephone (202) 272–1533. This is a foreign State (or part thereof) for TPS.1 (Secretary) has extended the designation not a toll-free call. Note: The phone of Nicaragua for temporary protected number provided here is solely for 1 As of March 1, 2003, in accordance with section status (TPS) for 18 months from its questions regarding this TPS notice. It is 1517 of title XV of the Homeland Securi … y. January 5, 1999, continue to be met. See functions transferred under the HSA from the Nicaragua is also currently unable to section 244(b)(3)(A) of the Act, 8 U.S.C. Department of Justice to the Department of Homeland Security ‘‘shall be deemed to refer to the handle adequately the return of 1254a(b)(3)(A). On the basis of this Secretary’’ of Homeland Security. See 6 U.S.C. 557 thousands of its nationals who now determination, I am extending the TPS (2003) (codifying HSA, tit. XV, sec. 1517). have TPS in the United States, but no designation of Nicaragua for 18 months VerDate Mar<15>2010 20 … :52 May 04, 2010 Jkt 220001 PO 00000 Frm 00171 Fmt 4703 Sfmt 4703 [official-source production path omitted] 05MYN1 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices 24739 from July 6, 2010, through January 5, • If you are filing for re-registration, satisfactory supporting documentation. 2012. you must pay the Form I–765 For more information on the application application fee if you want an forms and application fees for TPS, Janet Napolitano, employment authorization document please visit the USCIS Web site at Secretary. (EAD). http://www.uscis.gov. Required Application Forms and • If you are f … employment Register notice regarding the automatic practices remain in full force. This To receive an automatic 6-month extension of employment authorization Notice does not supersede or in any way extension of your EAD: • You must be a national of Nicaragua documentation through January 5, 2011. limit applicable employment (or an alien having no nationality who After January 5, 2011, TPS verification rules and policy guidance, last habitually resided in Nicaragua) beneficiaries may present their EADs on including those rules setting forth re- who has applied for and received an Form I–766 wi … Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices 24737 for additional Form I–9 documentation through January 5, 2012. This Notice Applicants seeking information about if presented with an EAD that has been also sets forth procedures necessary for the status of their individual cases can automatically extended or a new valid nationals of Nicaragua (or aliens having check Case Status Online available at EAD pursuant to this Federal Register no nationality who last habitually the USCIS Web site at http:// notice, and the EAD reasonably appears resided in Nicaragua) with TPS t … o re- www.uscis.gov, or call the USCIS on its face to be genuine and to relate register and to apply for an extension of National Customer Service Center at 1– to the employee. Employees also may their employment authorization 800–375–5283 (TTY 1–800–767–1833). present any other legally acceptable documents (EADs) with U.S. • Further information will also be document or combination of documents Citizenship and Immigration Services available at local USCIS offices upon listed on the Form I–9 as proof of (USCIS). Re-registration is limited to publication of this Notice. identity and employment e … ligibility. persons who previously registered for SUPPLEMENTARY INFORMATION: Note to Employers TPS under the designation of Nicaragua Abbreviations and Terms Used in This and whose applications have been Employers are reminded that the laws Document granted or remain pending. Certain requiring employment eligibility nationals of Nicaragua (or aliens having Act—Immigration and Nationality Act verification and prohibiting unfair no nationality who last habitually DHS—Department of Homeland immigration-related employment resided in Nicaragua) who have not Security practices remain in full force. … nd their employers may persons without nationality who last information is available on the OSC determine which EADs are Web site at http://www.justice.gov/crt/ habitually resided in the designated automatically extended. country). osc/. DATES: The extension of the TPS • During the period for which the [FR Doc. 2010–10620 Filed 5–4–10; 8:45 am] designation of Nicaragua is effective Secretary has designated a country for BILLING CODE 9111–97–P July 6, 2010, and will remain in effect TPS, TPS beneficiaries are eligible to through January 5, 2012. The 60-day re- remain in the United States and ma","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-d45cf4b0e8f8db8eab43","countryCode":"US","country":"United States","title":"Border Security Supplemental H-1B Nonimmigrant Fee Surcharge","policyEffect":"Increased the filing fee and fraud prevention and detection fee by $2,000 for H-1B nonimmigrant admission applications submitted by employers with 50 or more employees in the United States if more than 50 percent of their employees are H-1B or L nonimmigrants.","operativeDate":"2010-08-13","year":2010,"affectedGroup":"Employers with 50 or more U.S. employees where over 50 percent are H-1B or L nonimmigrants filing H-1B petitions","materialConditionsAndExceptions":"Applies only to applicants employing 50 or more employees in the United States if more than 50 percent of their employees are nonimmigrants under INA 101(a)(15)(H)(i)(b) or 101(a)(15)(L). Operative through September 30, 2014.","policyCategory":"Fees","policyTool":"Statutory fee surcharge","sourceName":"govinfo.gov","sourceUrl":"https://govinfo.gov/content/pkg/PLAW-111publ230/html/PLAW-111publ230.htm","preciseCitation":"Public Law 111-230, Title IV, Sec. 402(b), 124 Stat. 2485, 2487 (8 U.S.C. 1101 note)","evidencePassage":"(b) Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act and ending on September 30, 2014, the filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) shall be increased by $2,000 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant's employees are such nonimmigrants or nonimmigrants described in section 101(a)(15)(L) of such Act.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-59490c9beabf3f286606","countryCode":"US","country":"United States","title":"Border Security Supplemental L-1 Nonimmigrant Fee Surcharge","policyEffect":"Increased the filing fee and fraud prevention and detection fee by $2,250 for L-1 nonimmigrant admission applications submitted by employers with 50 or more employees in the United States if more than 50 percent of their employees are H-1B or L nonimmigrants.","operativeDate":"2010-08-13","year":2010,"affectedGroup":"Employers with 50 or more U.S. employees where over 50 percent are H-1B or L nonimmigrants filing L-1 petitions","materialConditionsAndExceptions":"Applies only to applicants employing 50 or more employees in the United States if more than 50 percent of their employees are nonimmigrants under INA 101(a)(15)(H)(i)(b) or 101(a)(15)(L). Operative through September 30, 2014.","policyCategory":"Fees","policyTool":"Statutory fee surcharge","sourceName":"govinfo.gov","sourceUrl":"https://govinfo.gov/content/pkg/PLAW-111publ230/html/PLAW-111publ230.htm","preciseCitation":"Public Law 111-230, Title IV, Sec. 402(a), 124 Stat. 2485, 2487 (8 U.S.C. 1101 note)","evidencePassage":"Sec. 402. (a) <<NOTE: Time period. Fee increases. 8 USC 1101 note.>> Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act and ending on September 30, 2014, the filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) shall be increased by 2,250 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant's employees are nonimmigrants admitted pursuant to section 101(a)(15)(H)(i)(b) of such Act or section 101(a)(15)(L) of such Act.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-humanitarian-parole-waiver-20101123","countryCode":"US","country":"United States","title":"Humanitarian parole applications made eligible for hardship fee waivers","policyEffect":"From November 23, 2010, applicants filing Form I-131 to request humanitarian parole could request waiver of the application fee upon showing inability to pay. The 2010 USCIS final fee rule added these requests to the fee-waiver eligibility list; it did not grant every applicant an automatic fee exemption.","operativeDate":"2010-11-23","year":2010,"affectedGroup":"Applicants filing form i-131 to request humanitarian parole who demonstrate inability to pay","materialConditionsAndExceptions":"Validated condition or limit: From November 23, 2010, applicants filing Form I-131 to request humanitarian parole could request waiver of the application fee upon showing inability to pay.; The 2010 USCIS final fee rule added these requests to the fee-waiver eligibility list; it did not grant every applicant an automatic fee exemption.","policyCategory":"Migration policy","policyTool":"","sourceName":"Department of Homeland Security","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2010-09-24/html/2010-23725.htm","preciseCitation":"75 FR 58962–58991; FR document 2010-23725","evidencePassage":"tment of Veterans Affairs, or U.S. government facility in the United States. New 8 CFR 103.7(b)(1)(i)(SS). Reduce the fee for an Application for Travel Document, Form I-131, when it is filed to request a Refugee Travel Document. DHS has reduced the fee for an Application for Travel Document in the final rule to $135 for a Refugee Travel Document for an adult age 16 or older, and $105 for a child under the age of 16. DHS has decided also to permit the fee for an Application for Travel Document to be waived based on inability to pay when it is based on a request for Humanitarian Parole. New 8 CF … om clear economic necessity to merely choosing to provide one applicant with an advantage over another. A number of commenters suggested, however, that USCIS allow fee waiver requests for Application for Travel Document, Form I-131, in cases of humanitarian parole. DHS's experience with the 2010 Haitian earthquake relief efforts has shown that many recipients of humanitarian parole are worthy of consideration of a fee waiver. DHS agrees that some applicants could be of limited means and the fee may be particularly burdensome to this population. Thus, as suggested by the commenters, DHS has dec … ided to revise the final rule to add requests for humanitarian parole to the list of forms that are eligible for a fee waiver upon a showing of the inability to pay. See 8 CFR 103.7(c)(3)(iv). In addition, DHS encourages those who believe that they have a sufficiently sympathetic case or group of cases in any type of benefit request to submit a request to their USCIS local office for a waiver under 8 CFR 103.7(d). b. Waiver Eligibility for Notices of Appeal or Motions DHS is adding a provision to the fee for the Notice of Appeal or Motion, Form I-290B, to provide that the fee to file an appeal … person's belief that he or she is entitled to or deserving of the benefit requested, the reasons for his or her inability to pay, and evidence to support the reasons indicated. There is no appeal of the denial of a fee waiver request. (3) USCIS fees that may be waived. No fee relating to any application, petition, appeal, motion, or request made to U.S. Citizenship and Immigration Services may be waived except for the following: (i) Biometric Fee, (ii) Application to Replace Permanent Resident Card, (iii) Petition for a CNMI-Only Nonimmigrant Transitional Worker, (iv) Application for Travel D … ocument when filed to request humanitarian parole, (v) Application for Advance Permission to Return to Unrelinquished Domicile, (vi) Notice of Appeal or Motion, when there is no fee for the underlying application or petition or that fee may be waived, (vii) Petition to Remove the Conditions of Residence based on marriage (Form I-751), (viii) Application for Employment Authorization, (ix) Application for Family Unity Benefits, (x) Application for Temporary Protected Status, (xi) Application for Suspension of Deportation or Special Rule Cancellation of Removal (pursuant to section 203 of Pub. L. … esignation under the Immigrant Investor Pilot Program, Civil Surgeon Designation, and DHS Processing of Immigrant Visa requests; and adjusts the premium processing service fee by the percentage increase in inflation according to the Consumer Price Index--Urban Consumers (CPI-U) published as of July 2010. This rule also finalizes the interim rule that established the premium processing service and fees. DATES: This rule is effective November 23, 2010. Applications or petitions mailed, postmarked, or otherwise filed on or after November 23, 2010 must include the new fee. FOR FURTHER INFORMATION","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-military-citizenship-certificate-fee-20101123","countryCode":"US","country":"United States","title":"Military members and veterans exempted from citizenship certificate application fees","policyEffect":"From November 23, 2010, the USCIS fee schedule exempted members and veterans of any branch of the United States Armed Forces from the application fee for Form N-600, requesting a certificate of citizenship.","operativeDate":"2010-11-23","year":2010,"affectedGroup":"Members and veterans of any branch of the united states armed forces filing form n-600","materialConditionsAndExceptions":"Validated condition or limit: From November 23, 2010, the USCIS fee schedule exempted members and veterans of any branch of the United States Armed Forces from the application fee for Form N-600, requesting a certificate of citizenship.","policyCategory":"Migration policy","policyTool":"","sourceName":"Department of Homeland Security","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2010-09-24/html/2010-23725.htm","preciseCitation":"75 FR 58962–58991; FR document 2010-23725","evidencePassage":"ked for or on behalf of the U.S. Government in Iraq or Afghanistan. DHS believes it is keeping with the policy to assist this group of petitioners by allowing them to file a Notice of Appeal or Motion without a fee. New 8 CFR 103.7(b)(1)(i)(W). Provide for a free Request for Hearing on a Decision in Naturalization Proceedings, Form N-336, and an Application for Certification of Citizenship, Form N-600, to exempt from fees requests from a member or veteran of the U.S. Armed Forces. New 8 CFR 103.7(b)(1)(i)(W), (AAA). USCIS is precluded by law from collecting a fee from members of the military f … he United States by a foreign state under section 343(b) of the Act: $345. There is no fee when this application is submitted under 8 CFR 338.5(a) or 343a.1 to request correction of a certificate that contains an error. (AAA) Application for Certificate of Citizenship (Form N-600). For filing an application for a certificate of citizenship under section 309(c) or section 341 of the Act for applications filed on behalf of a biological child: $600. For applications filed on behalf of an adopted child: $550. There is no fee for any application filed by a member or veteran of any branch of the Uni … esignation under the Immigrant Investor Pilot Program, Civil Surgeon Designation, and DHS Processing of Immigrant Visa requests; and adjusts the premium processing service fee by the percentage increase in inflation according to the Consumer Price Index--Urban Consumers (CPI-U) published as of July 2010. This rule also finalizes the interim rule that established the premium processing service and fees. DATES: This rule is effective November 23, 2010. Applications or petitions mailed, postmarked, or otherwise filed on or after November 23, 2010 must include the new fee. FOR FURTHER INFORMATION","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-f6f600f379adde723d93","countryCode":"US","country":"United States","title":"Refugee travel-document application fees reduced under the 2010 USCIS fee schedule","policyEffect":"Effective November 23, 2010, the USCIS fee schedule reduced the Form I-131 refugee travel-document application fee to $135 for applicants aged 16 or older and $105 for children under 16. The $85 biometric-services fee remained separate where applicable. A November 16 correction fixed the final rule’s incorrectly printed $165 adult amount before the rule took effect. The original rule and correction establish one operative refugee travel-document fee change; the correction is not counted as a second fee change.","operativeDate":"2010-11-23","year":2010,"affectedGroup":"Applicants for refugee travel documents, with adult and child fee bands","materialConditionsAndExceptions":"Validated condition or limit: Effective November 23, 2010, the USCIS fee schedule reduced the Form I-131 refugee travel-document application fee to $135 for applicants aged 16 or older and $105 for children under 16.; The $85 biometric-services fee remained separate where applicable.; A November 16 correction fixed the final rule’s incorrectly printed $165 adult amount before the rule took effect.; The original rule and correction establish one operative refugee travel-document fee change; the correction is not counted as a second fee change.","policyCategory":"Admission / legal status / fees","policyTool":"Fee schedule adjustment","sourceName":"USCIS / U.S. Government Publishing Office","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2010-09-24/html/2010-23725.htm","preciseCitation":"75 FR 58962, September 24, 2010, FR Doc 2010-23725; 75 FR 69851, November 16, 2010, FR Doc 2010-28719","evidencePassage":"ted States citizen ($110 plus a $25 dollar execution fee). 75 FR at 58964, 58972. Accordingly, DHS intended to reduce the fee for filing Application for Travel Document, Form I-131, for a refugee travel document to $135 for an adult age 16 or older. The final rule inadvertently listed a fee of $165 for filing an Application for Travel Document, Form I-131, for a refugee travel document for an adult age 16 or older. 75 FR at 58987. DHS needs to correct that portion of the final rule to indicate that an adult age 16 or older must submit a fee of $135 with an Application for Travel Document, Form … I-131, to request a refugee travel document. No other changes are made in this correction. Correction of Publication 0 Accordingly, the publication on September 24, 2010 (75 FR 58962) of the final rule that was the subject of FR Doc. 2010-23725 is corrected as follows: Sec. 103.7 [Corrected] 0 1. On page 58987, in the first column, Sec. 103.7 is amended by revising the dollar figure ``$165'' in paragraph (b)(1)(i)(M)(1) to read: ``$135''. Dated: November 9, 2010. Christina E. McDonald, Acting Associate General Counsel for Regulatory Affairs, Department of Homeland Security. [FR Doc. 2010-2871 … tment of Veterans Affairs, or U.S. government facility in the United States. New 8 CFR 103.7(b)(1)(i)(SS). Reduce the fee for an Application for Travel Document, Form I-131, when it is filed to request a Refugee Travel Document. DHS has reduced the fee for an Application for Travel Document in the final rule to $135 for a Refugee Travel Document for an adult age 16 or older, and $105 for a child under the age of 16. DHS has decided also to permit the fee for an Application for Travel Document to be waived based on inability to pay when it is based on a request for Humanitarian Parole. New 8 CF … for an adult over the age of 16 is $110 plus a $25 execution fee. For an applicant under the age of 16, the fee is $80 plus a $25 execution fee. Accordingly, this final rule reduces the fee for the filing of a Form I-131 for a Refugee Travel Document to $135 for an adult age 16 or older, and $105 for a child under the age of 16. USCIS will continue to charge the $85 biometrics fee since that fee is intended to cover the costs of a service that is separate from the issuance of the refugee travel document. The fee for other applications for advance parole and travel documents will be $360 as ca … izenship and Immigration Services Fee Schedule; Correction AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule; correction. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security corrects an inadvertent error in the amendatory language of the final rule U.S. Citizenship and Immigration Services Fee Schedule published in the Federal Register on September 24, 2010. DATES: This correction is effective November 23, 2010. FOR FURTHER INFORMATION CONTACT: Timothy Rosado, Acting Chief Financial Officer, U.S. Citizens","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ea446aaa41e7159dc54f","countryCode":"US","country":"United States","title":"International Adoption Simplification Act of 2010","policyEffect":"Exempts children adopted abroad under Hague Convention processes from certain vaccination requirements and extends immediate relative status exceptions to siblings under age 18 adopted by the same parents.","operativeDate":"2010-11-30","year":2010,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Admission","policyTool":"Eligibility","sourceName":"U.S. Government Publishing Office","sourceUrl":"https://congress.gov/111/plaws/publ287/PLAW-111publ287.pdf","preciseCitation":"U.S. Government Publishing Office. International Adoption Simplification Act of 2010.; Public Law 111-287; 124 Stat. 3058","evidencePassage":"epresentatives of International the United States of America in Congress assembled, Adoption Simplification SECTION 1. SHORT TITLE. Act. 8 USC 1101 note. This Act may be cited as ‘‘International Adoption Simplification Act’’. SEC. 2. EXEMPTION FROM VACCINATION DOCUMENTATION REQUIRE- MENT. Section 212(a)(1)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(C)(ii)) is amended by striking ‘‘section 101(b)(1)(F),’’ and inserting ‘‘subparagraph (F) or (G) of section 101(b)(1);’’. SEC. 3. SIBLING ADOPTIONS. Section 101(b)(1)(G) of the Immigration and Nationality Act (8 U.S.C. 1101(b … )(1)(G)) is amended to read as follows: ‘‘(G)(i) a child, younger than 16 years of age at the time a petition is filed on the child’s behalf to accord a classification as an immediate relative under section 201(b), who has been adopted in a foreign state that is a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993, or who is emigrating from such a foreign state to be adopted in the United States by a United States citizen and spouse jointly or by an unmarried United States citizen who is at least 25 years of … that no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or ‘‘(iii) subject to the same provisos as in clauses (i) and (ii), a child who— ‘‘(I) is a natural sibling of a child described in clause (i), subparagraph (E)(i), or subparagraph (F)(i); ‘‘(II) was adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sib- ling described in clause (i), subparagraph (E)(i), or subparagraph (F)(i); and ‘ … ‘(III) is otherwise described in clause (i), except that the child is younger than 18 years of age at the time a petition is filed on his or her behalf for classification as an immediate relative under section 201(b).’’. SEC. 4. EFFECTIVE DATE. 8 USC 1101 note. (a) IN GENERAL.—Except as provided in subsection (b), the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) EXCEPTION.—An alien who is described in section Deadline. 101(b)(1)(G)(iii) of the Immigration and Nationality Act, as added by section 3, and attained 18 years of age on or after April 1, … PUBLIC LAW 111–287—NOV. 30, 2010 INTERNATIONAL ADOPTION SIMPLIFICATION ACT dkrause on GSDDPC29PROD with PUBLIC LAWS VerDate Nov 24 2008 14:37 Dec 06, 2010 Jkt 099139 PO 00287 Frm 00001 Fmt 6579 Sfmt 6579 [official-source production path omitted] APPS06 PsN: PUBL287 124 STAT. 3058 PUBLIC LAW 111–287—NOV. 30, 2010 Public Law 111–287 111th Congress An Act To restore immunization and sibling age exemptions for children adopted by United Nov. 30, 2010 States citizens under the Hague Convention on Intercountry Adoption to allow [S. 1376] their admission into the United States. Be it enacted by the Senate and House of R … 2008, shall be deemed to meet the age requirement specified in subclause (III) of such section if a petition for classification of the alien as an immediate relative under section 201(b) of the dkrause on GSDDPC29PROD with PUBLIC LAWS VerDate Nov 24 2008 14:37 Dec 06, 2010 Jkt 099139 PO 00287 Frm 00003 Fmt 6580 Sfmt 6581 [official-source production path omitted] APPS06 PsN: PUBL287 124 STAT. 3060 PUBLIC LAW 111–287—NOV. 30, 2010 Immigration and Nationality Act (8 U.S.C. 1151(b)) is filed not later than 2 years after the date of the enactment of this Act. Approved November 30, 2010. LEGISLATIVE HISTORY—S. 1376: S","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-4554ffacaa18093a0b49","countryCode":"US","country":"United States","title":"Broadening Consular Authority for Provisional and Discretionary Visa Revocation","policyEffect":"Amends 22 CFR Parts 41 and 42 to expand the authority of consular officers and designated State Department officials to revoke nonimmigrant and immigrant visas at any time in their discretion, and establishes authority for provisional revocation of a visa while considering final revocation. Phase scope: Immediate worldwide implementation at all consular posts and entry points effective April 27, 2011.","operativeDate":"2011-04-27","year":2011,"affectedGroup":"Visa holders","materialConditionsAndExceptions":"","policyCategory":"Border control and enforcement","policyTool":"Administrative discretion","sourceName":"Federal Register","sourceUrl":"https://govinfo.gov/content/pkg/FR-2011-04-27/pdf/2011-10077.pdf","preciseCitation":"Department of State, Final Rule, 76 FR 23477 (Apr. 27, 2011), 22 CFR Parts 41 and 42","evidencePassage":"ities & n.1. regulations to broaden the authority of VerDate Mar<15>2010 15:29 Apr 26, 2011 Jkt 223001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 [official-source production path omitted] 27APR1 23478 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations a consular officer to revoke a visa at any making procedures set forth at 5 U.S.C. the regulatory philosophy and time subsequent to issuance of the visa, 553. principles set forth in Executive Order in his or her discretion. These changes 12866 and has determined that the Regulatory Flexibility Act/Executive to the Department’s revocatio … n benefits of the proposed regulation Order 13272: Small Business. regulations expand consular officer visa justify its costs. The Department does revocation authority to the full extent Because this final rule is exempt from not consider the rule to be an allowed by statute. Additionally, this notice and comment rulemaking under economically significant action within rule change allows consular officers and 5 U.S.C. 553, it is exempt from the the scope of section 3(f)(1) of the designated officials within the regulatory flexibility analysis Executive Order since it is not likely to Department … to revoke a visa requirements set forth at sections 603 and 604 of the Regulatory Flexibility have an annual effect on the economy provisionally while considering a final of $100 million or more or to adversely visa revocation. Act (5 U.S.C. 603 and 604). Nonetheless, consistent with section 605(b) of the affect in a material way the economy, a DATES: This rule is effective April 27, sector of the economy, competition, 2011. Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department certifies that jobs, the environment, public health or FOR FURTHER INFORMATION CONTACT: this rule will not ha … inst the alien; issued that the visa was revoked or § 41.122 Revocation of visas. (5) The alien has been permitted by provisionally revoked. Regardless of (a) Grounds for revocation by consular DHS to depart voluntarily from the delivery of such notice, once the officers. A consular officer, the United States; revocation has been entered into the Secretary, or a Department official to (6) DHS has revoked a waiver of Department’s Consular Lookout and whom the Secretary has delegated this inadmissibility granted pursuant to INA Support System (CLASS), the visa is no authority is authorized to re … voke a 212(d)(3)(A) in relation to the visa that longer to be considered valid for travel nonimmigrant visa at any time, in his or was issued to the alien; to the United States. The date of the her discretion. (7) The visa is presented in revocation shall be indicated in CLASS (b) Provisional revocation. A consular connection with an application for and on any notice sent to the alien to officer, the Secretary, or any Department admission to the United States by a whom the visa was issued. official to whom the Secretary has person other than the alien to whom the (d) Procedure for physically c … anceling delegated this authority may visa was issued; visas. An immigrant visa that is revoked provisionally revoke a nonimmigrant (8) The visa has been physically shall be canceled by writing or stamping visa while considering information removed from the passport in which it the word ‘‘REVOKED’’ plainly across the related to whether a visa holder is was issued; or face of the visa, if the visa is available eligible for the visa. Provisional (9) The visa has been issued in a to the consular officer. The failure or revocation shall have the same force and combined Mexican or Canadian B–1/B– i … 2.82 is revised to read as officer. An immigration officer is follows: SUMMARY: This interim final rule authorized to revoke a valid visa by implements Section 702 of the Ike WReier-Aviles on DSKGBLS3C1PROD with RULES physically canceling it in accordance § 42.82 Revocation of visas. Skelton National Defense Authorization with the procedure described in (a) Grounds for revocation by consular Act for Fiscal Year 2011 (NDAA for paragraph (d) of this section if: officers. A consular officer, the FY11). It establishes the TRICARE (1) The alien obtains an immigrant Secretary, or any Department offi … cial to Young Adult (TYA) program to provide visa or an adjustment of status to that of whom the Secretary has delegated this an extended medical coverage permanent resident; authority is authorized to revoke an opportunity to most unmarried children (2) The alien is ordered excluded from immigrant visa at any time, in his or her under the age of 26 of uniformed the United States under INA 236, as in discretion. services sponsors. The TRICARE Young VerDate Mar<15>2010 15:29 Apr 26, 2011 Jkt 223001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 [official-source production path omitted] 27APR1 … ve a significant safety, or state, local or tribal Lawrence B. Kurland, Jr., Legislation economic impact on a substantial governments or communities. and Regulations Division, Visa Services, number of small entities. This rule Department of State, 2401 E Street, NW., Executive Order 13563 regulates individual aliens who hold Room L–603D, Washington, DC 20520– nonimmigrant or immigrant visas, The Department of State has 0106, (202) 663–1260, e-mail including employment-based visas. considered this rule in light of (KurlandLB@state.gov). Because section 221(i) of the INA Executive Order 13563, d","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-fb87ffa3d71022ce6a37","countryCode":"US","country":"United States","title":"Removal of Designated Countries from National Security Entry-Exit Registration System (NSEERS)","policyEffect":"The Department of Homeland Security is removing all currently designated countries from the listing of countries whose nationals and citizens are required to comply with NSEERS registration requirements.","operativeDate":"2011-04-28","year":2011,"affectedGroup":"Nonimmigrant nationals or citizens of afghanistan, algeria, bahrain, bangladesh, egypt, eritrea, indonesia, iran, iraq, jordan, kuwait, lebanon, libya, morocco, north korea, oman, pakistan, qatar, saudi arabia, somalia, sudan, syria, tunisia, united arab emirates, and yemen","materialConditionsAndExceptions":"Validated condition or limit: The Department of Homeland Security is removing all currently designated countries from the listing of countries whose nationals and citizens are required to comply with NSEERS registration requirements.","policyCategory":"Border and land control","policyTool":"Surveillance technology / control powers","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2011/04/28/2011-10305/removing-designated-countries-from-the-national-security-entry-exit-registration-system-nseers","preciseCitation":"","evidencePassage":"After careful consideration, the Secretary of Homeland Security, by this notice, is removing all currently designated countries from the listing of countries whose nationals and citizens are required to comply with NSEERS registration requirements: Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen. Effective upon publication of this Notice, nonimmigrant nationals and citizens of these countries are no longer required to comply with the requirements of 8 CFR 264.1(f), including the requirement that they exit through designated ports of entry. … This notice does not relieve any alien of any other requirement under the law.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-82484a2a06c9795cb98e7632","countryCode":"US","country":"United States","title":"Automatic extension of validity of EADs for six months, through January 22, 2012","policyEffect":"Automatic extension of validity of EADs for six months, through January 22, 2012","operativeDate":"2011-07-23","year":2011,"affectedGroup":"Individuals who were granted temporary protected status (tps) under the original designation of haiti","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2011/05/23/2011-12576/re-registration-procedures-for-temporary-protected-status-tps-beneficiaries-under-the-extended-tps","preciseCitation":"","evidencePassage":"18-month extension of TPS for Haiti that was announced in the Federal Register notice published on May 19, 2011. New employment authorization documents (EADs) with a January 22, 2013 expiration date will be issued to eligible TPS beneficiaries who timely re-register and apply for EADs. Given the timeframes involved with processing TPS re-registration applications, the Department of Homeland Security recognizes that all re-registrants may not receive new EADs until after their current EADs expire on July 22, 2011. Accordingly, this notice automatically extends the validity of EADs issued under the TPS designation of Haiti for six months, through January 22, 2012. This notice also explains to TPS beneficiaries and their employers which EADs are automatically extended. DATES: The extension of the TPS designation of Haiti is effective July 23, 2011, and will remain in effect through January 22, 2013. The 90- day re-registration period begins on May 23, 2011, and will be open through August 22, 2011. FOR FURTHER INFORMATION CONTACT: For further information on TPS, including guidance on the application process and additional information on eligibility, please visit the USCIS TPS Web page … Authorization Documents (EADs) DHS recognizes the possibility that all re-registrants may not receive new EADs until after their current EADs expire on July 22, 2011. Accordingly, DHS is automatically extending the validity of EADs issued under the 2010 TPS designation of Haiti for six months, through January 22, 2012. May I request an interim EAD at my local USCIS office? No. USCIS will not issue interim EADs to TPS applicants and re- registrants at local offices. Am I eligible to receive an automatic six-month EAD extension from July 23, 2011, through January 22, 2012? You will receive an automatic six-month extension of your EAD if you: Are a national of Haiti (or an alien having no nationality who last habitually resided in Haiti) who received an EAD under the designation of Haiti for TPS, and Have not had TPS withdrawn or denied. This automatic extension is limited to EADs Form I-766 with an expiration date of July 22, 2011. These EADs must also bear the notation ``A-12'' or ``C-19'' on the face of the card under ``Category.'' [[Page 29780]] Upon hire, what documentation may I show to my employer as proof of employment authorization and identity when completing Employment Eligibility Verification","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-bf834e4adca81df6e79a","countryCode":"US","country":"United States","title":"Haiti TPS redesignation expands eligibility","policyEffect":"DHS redesignates Haiti for TPS for the period 2011-07-23 through 2013-01-22, allowing additional eligible Haitian nationals, and persons without nationality who last habitually resided in Haiti, to obtain TPS. Applicants must have continuously resided in the United States since 2011-01-12, have been continuously physically present since 2011-07-23, and meet the other TPS eligibility and application requirements.","operativeDate":"2011-07-23","year":2011,"affectedGroup":"Eligible haitian nationals and stateless persons who last habitually resided in haiti","materialConditionsAndExceptions":"Validated condition or limit: DHS redesignates Haiti for TPS for the period 2011-07-23 through 2013-01-22, allowing additional eligible Haitian nationals, and persons without nationality who last habitually resided in Haiti, to obtain TPS.; Applicants must have continuously resided in the United States since 2011-01-12, have been continuously physically present since 2011-07-23, and meet the other TPS eligibility and application requirements.","policyCategory":"Asylum or protection","policyTool":"Temporary protection","sourceName":"US Department of Homeland Security / Federal Register","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2011-05-19/html/2011-12440.htm","preciseCitation":"Extension and Redesignation of Haiti for Temporary Protected Status, 76 FR 29000","evidencePassage":"ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice announces that the Secretary of Homeland Security (Secretary) is both extending the existing designation of Haiti for temporary protected status (TPS) for 18 months from July 23, 2011 through January 22, 2013, and redesignating Haiti for TPS for 18 months, effective July 23, 2011 through January 22, 2013. The extension allows current eligible TPS beneficiaries to retain their TPS through January 22, 2013. The redesignation of Haiti allows additional individuals who have been continuous … ly residing in the United States since January 12, 2011, to obtain TPS, if eligible, including certain Haitians who arrived in the United States following the January 12, 2010 earthquake in Haiti. Under the redesignation, individuals who currently do not have TPS, or a TPS application pending, may apply for TPS from May 19, 2011 through November 15, 2011. In addition to demonstrating continuous residence in the United States since January 12, 2011, initial applicants for TPS under this redesignation must demonstrate that they have been continuously physically present in the United States since … 22, 2013. DATES: Extension of TPS: The 18-month extension of the existing designation for Haiti is effective July 23, 2011, and will remain in effect through January 22, 2013. The 90-day re-registration period for current Haiti TPS beneficiaries will run from May 23, 2011 through August 22, 2011. Re-registration procedures will be announced prior to the start of the re-registration period. Redesignation of TPS: The redesignation of Haiti for TPS is effective July 23, 2011, and will remain in effect through January 22, 2013, a period of 18 months. The initial registration period for new applic … A section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). The TPS designation of Haiti should be extended for an additional 18-month period from July 23, 2011 through January 22, 2013. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). Haiti should be simultaneously redesignated for TPS effective July 23, 2011 through January 22, 2013. See INA sections 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2). It is appropriate to change the date by which TPS applicants must demonstrate that they have continuously resided in the United States from January 12, 2010 to January 12, 2011. The date by … 8 U.S.C. 1254a(b)(3)(A). On the basis of this determination, I am simultaneously extending the existing TPS designation of Haiti for 18 months from July 23, 2011 through January 22, 2013, and redesignating Haiti for TPS for 18 months effective July 23, 2011 through January 22, 2013. See INA sections 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2). I am also changing the ``continuous residence'' date from January 12, 2010 to January 12, 2011. See INA section 244(c)(1)(A)(ii), 8 U.S.C. 1254a(c)(1)(A)(ii). Janet Napolitano, Secretary. How do I know whether I should wait until May 23, … ce, Office of Special Counsel for Immigration Related Unfair Employment Practices Secretary--Secretary of Homeland Security TPS--Temporary Protected Status UN--United Nations UNICEF--United Nations Children's Fund USAID--U.S. Agency for International Development USCIS--U.S. Citizenship and Immigration Services What is TPS? Temporary Protected Status (TPS) is an immigration status granted under the Immigration and Nationality Act (INA) to eligible nationals of a country designated for TPS (or to persons without nationality who last habitually resided in the designated country). During the TPS d … e conditions that prompted the January 21, 2010 designation of Haiti for TPS continue to be met. See INA sections 244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C). [[Page 29002]] Nationals of Haiti (and persons without nationality who last habitually resided in Haiti) still cannot safely return to Haiti due to continued extraordinary and temporary conditions. See INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). It is not contrary to the national interest of the United States to permit aliens who meet the eligibility requirements for TPS to remain in the United States temporarily. See IN","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-f622d73f2ccc2a715ad7","countryCode":"US","country":"United States","title":"Centralized Lockbox Filing for Overseas Stand-Alone Form I-130 Petitions","policyEffect":"Required petitioners residing in countries without USCIS international offices to file Form I-130 with the USCIS lockbox in Chicago rather than with local U.S. Embassies or consulates. Phase scope: Applies to all standalone Form I-130 petitions filed by overseas petitioners.","operativeDate":"2011-08-15","year":2011,"affectedGroup":"Family reunification","materialConditionsAndExceptions":"Validated condition or limit: Required petitioners residing in countries without USCIS international offices to file Form I-130 with the USCIS lockbox in Chicago rather than with local U.S.","policyCategory":"Legal entry and stay","policyTool":"Filing channel","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://uscis.gov/archive/uscis-centralizes-filing-of-form-i-130","preciseCitation":"USCIS Web Announcement / Policy Notice (Aug. 10, 2011 / May 16, 2011)","evidencePassage":"Effective Aug. 15, 2011, petitioners residing in countries without USCIS offices must file their Form I-130, Petition for an Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) lockbox facility in Chicago.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-c1720734f5b59a4a4b56","countryCode":"US","country":"United States","title":"Commonwealth of the Northern Mariana Islands Transitional Worker Classification","policyEffect":"Implementation of a new visa program and transitional worker classification (CW-1) for foreign workers in the Commonwealth of the Northern Mariana Islands.","operativeDate":"2011-10-07","year":2011,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Work authorization","policyTool":"New pathway","sourceName":"uscourts.gov","sourceUrl":"https://cdn.ca9.uscourts.gov/datastore/opinions/2019/06/12/13-70653.pdf","preciseCitation":"uscourts.gov. Commonwealth of the Northern Mariana Islands Transitional Worker Classification.","evidencePassage":"individual in the CNMI who had not been admitted or paroled within the meaning of section 212(a)(6)(A) would also necessarily lack “a valid entry document” for purposes of section 212(a)(7)(A)(i)(I). As a result, it appears that under Minto the very people ostensibly protected from removal by Congress were not actually protected—even if they could not be removed for lack of a valid entry, under Minto they were removable for lack of a valid entry document. 1 1 Minto suggested that a visa program for CNMI workers would provide relief from section 212(a)(7)(A)(i)(I). Minto, 854 F.3d at 625. But … ) does not mean that one is deemed to be “applying . . . for admission” for purposes of section 212(h), a provision contained in the same section as section 212(a)(7)(A)(i)(I), the relevant ground of removal. Matter of Y-N-P-, 26 I. & N. Dec. 10, 13 (B.I.A. 2012). Before Minto, we had determined that this precedential BIA opinion is worthy of deference. Garcia-Mendez v. Lynch, of the two-year transition period and months after both Torres and Minto were ordered removed. See Commonwealth of the Northern Mariana Islands Transitional Worker Classification, 76 Fed. Reg. 55,501, 55,502 (Sept. 7, 2011","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-3f3c2ec155041bb2c7e6","countryCode":"US","country":"United States","title":"BIA Precedent on Unlawful Presence and Advance Parole (Matter of Arrabally and Yerrabelly)","policyEffect":"Established nationwide binding precedent holding that noncitizens who temporarily leave the United States under a grant of advance parole do not make a 'departure' under INA section 212(a)(9)(B)(i)(II), preventing the triggering of the 10-year unlawful presence bar for adjustment of status. Phase scope: Nationwide applicability to all immigration courts and DHS adjudications involving noncitizens departing under advance parole.","operativeDate":"2012-04-17","year":2012,"affectedGroup":"Noncitizens with accrued unlawful presence traveling under advance parole","materialConditionsAndExceptions":"","policyCategory":"Grounds of inadmissibility / adjustment of status","policyTool":"Administrative precedent","sourceName":"U.S. Department of Justice, Executive Office for Immigration Review (EOIR), Board of Immigration Appeals","sourceUrl":"https://justice.gov/sites/default/files/eoir/legacy/2014/07/25/3748%20%28final%29.pdf","preciseCitation":"Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012)","evidencePassage":"Cite as 25 I&N Dec. 771 (BIA 2012) Interim Decision #3748 Matter of Manohar Rao ARRABALLY, Respondent Matter of Sarala YERRABELLY, Respondent Decided as amended August 16, 20121 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals An alien who leaves the United States temporarily pursuant to a grant of advance parole does not thereby make a “departure . . . from the United States” within the meaning of section 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(B)(i)(II) (2006). Matter of Lemus, 24 I&N Dec. 373 (BIA 2007) … them ineligible for adjustment of status under section 245(i) of the Act, 8 U.S.C. § 1255(i) (2006), based on their inadmissibility under section 212(a)(9)(B)(i)(II), and he ordered them removed from the United States. This case presents the question whether the respondents, who left the United States temporarily under a grant of advance parole, thereby effected a “departure,” which resulted in their inadmissibility under section 212(a)(9)(B)(i)(II). We hold that they did not. Consequently, the respondents’ 1 Upon a motion of the Department of Homeland Security that is expressly unopposed by … has the paradoxical effect of transforming advance parole from a humanitarian benefit into a means for barring relief.7 The language of section 212(a)(9)(B)(i)(II) does not require such a result.8 Accordingly, we hold that an alien who has left and returned to the United States under a grant of advance parole has not made a “departure . . . from the United States” within the meaning of section 212(a)(9)(B)(i)(II) of the Act. 7 As the DHS points out on appeal, documents authorizing advance parole bear explicit warnings that the parolee may be inadmissible under section 212(a)(9)(B) and ineligible … Servs., 545 U.S. 967 (2005). On the contrary, the Third Circuit emphasized that the petition for review did not challenge the Board’s interpretation of the term “departure” or otherwise dispute its determination that the alien was inadmissible under section 212(a)(9)(B)(i)(II). Cheruku v. Att’y Gen. of U.S., 662 F.3d at 205 n.5. 779 Cite as 25 I&N Dec. 771 (BIA 2012) Interim Decision #3748 We emphasize that we hold only that an alien cannot become inadmissible under section 212(a)(9)(B)(i)(II) solely by virtue of a trip abroad undertaken pursuant to a grant of advance parole. Our decision does","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-2c33ec7b63ecf14ce958a706","countryCode":"US","country":"United States","title":"Somalia redesignated for TPS, allowing individuals residing in the U.S.","policyEffect":"Somalia redesignated for TPS, allowing individuals residing in the U.S. since May 1, 2012, to obtain TPS.","operativeDate":"2012-09-18","year":2012,"affectedGroup":"Nationals of somalia (or aliens having no nationality who last habitually resided in somalia)","materialConditionsAndExceptions":"Recorded validated scope: Temporary Protected Status (TPS).","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2012/05/01/2012-10388/extension-and-redesignation-of-somalia-for-temporary-protected-status","preciseCitation":"","evidencePassage":"Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice announces that the Secretary of Homeland Security (Secretary) is both extending the existing designation of Somalia for temporary protected status (TPS) for 18 months from September 18, 2012 through March 17, 2014, and redesignating Somalia for TPS for 18 months, effective September 18, 2012 through March 17, 2014. The extension allows currently eligible TPS beneficiaries to retain their TPS through March … 17, 2014. The redesignation of Somalia allows additional individuals who have been continuously residing in the United States since May 1, 2012, to obtain TPS, if eligible. The Secretary has determined that an extension is warranted because the conditions in Somalia that prompted the TPS designation continue to be met. There continues to be a substantial, but temporary, disruption of living conditions in Somalia based upon ongoing armed conflict and extraordinary and temporary conditions in that country that prevent Somalis who now have TPS from safely returning. This notice also sets forth procedures … status on September 4, 2001, not only continue to be met but have significantly deteriorated. See section 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). On the basis of this determination, I am simultaneously extending the existing TPS designation of Somalia for 18 months from September 18, 2012 through March 17, 2014, and redesignating Somalia for TPS for 18 months effective September 18, 2012 through March 17, 2014. See section 244(b)(1)(A) and (C) and (b)(2) of the Act, 8 U.S.C. 1254a(b)(1)(A) and (C) and (b)(2). I have also determined that under the redesignation eligible individuals must","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recall-46f37c7e2997ad4e9254","countryCode":"US","country":"United States","title":"Taiwan added to the Visa Waiver Program","policyEffect":"Adds Taiwan to the list of designated Visa Waiver Program countries in 8 CFR Part 217, allowing eligible travelers to apply for admission without a nonimmigrant visa for business or pleasure for up to 90 days.","operativeDate":"2012-11-01","year":2012,"affectedGroup":"Eligible Taiwan passport holders traveling to the United States for business or pleasure","materialConditionsAndExceptions":"Validated condition or limit: Visa Waiver Program conditions continued to apply, including eligible business or pleasure travel for stays of up to 90 days.","policyCategory":"Eligibility","policyTool":"Regulation","sourceName":"Federal Register / Vol. 77, No. 204 / Rules and Regulations","sourceUrl":"https://govinfo.gov/content/pkg/FR-2012-10-22/pdf/2012-25986.pdf","preciseCitation":"77 FR 64409; operative 2012-11-01.","evidencePassage":"art 217 RIN 1601–AA67 Designation of Taiwan for the Visa Waiver Program AGENCY: Office of the Secretary, DHS. ACTION: Final rule. SUMMARY: Eligible citizens, nationals and passport holders from designated Visa Waiver Program countries 1 may apply for admission to the United States at U.S. ports of entry as nonimmigrant aliens for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. On October 2, 2012, the Secretary of Homeland Security, in consultation with the Secretary of State and with reference to the Taiwan Relations Act of 1979, designated Taiwan for participation in the Visa Waiver Program. Accordingly, this rule updates the list of countries designated for participation in the Visa Waiver Program by adding Taiwan. DATES: This final rule is effective on November 1, 2012. FOR FURTHER INFORMATION CONTACT: Gianfranco Corti, Department of Homeland Security, Visa Waiver Program Office, (202) 282–8732. SUPPLEMENTARY INFORMATION: I. Background A. The Visa Waiver Program Pursuant to section 217 of the Immigration and Nationality Act (INA), 8 U.S.C. 1187, the Secretary of Homeland Security (the Secretary), in consultation with the Secretary of State, may designate certain countries as Visa Waiver Program (VWP) countries if certain requirements are met. Those requirements include, without limitation: (1) Meeting the statutory rate of nonimmigrant visitor visa refusals for nationals of the country; (2) a government certification that it issues machine-readable passports that comply with internationally accepted standards; (3) a U.S. government determination that the country’s designation would not negatively affect U.S. law enforcement and security interests; (4)","reviewMethod":"Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-70907aa90c22bbe4395c","countryCode":"US","country":"United States","title":"Age-Out Protection for Derivative U Nonimmigrant Status","policyEffect":"Established binding USCIS policy authorizing the approval of U-3 derivative nonimmigrant petitions for the full eligibility period of four years, allowing derivatives to retain status past their 21st birthday. Phase scope: Nationwide binding policy across all USCIS adjudications for U visa derivative petitions.","operativeDate":"2012-12-12","year":2012,"affectedGroup":"Derivative children of u-1 nonimmigrant crime victims (u-3 derivatives)","materialConditionsAndExceptions":"Validated condition or limit: Established binding USCIS policy authorizing the approval of U-3 derivative nonimmigrant petitions for the full eligibility period of four years, allowing derivatives to retain status past their 21st birthday.","policyCategory":"Humanitarian protection","policyTool":"Agency policy memorandum","sourceName":"U.S. Citizenship and Immigration Services (USCIS)","sourceUrl":"https://uscis.gov/laws-and-policy/policy-memoranda?page=9","preciseCitation":"USCIS Policy Memorandum PM-602-0077, AFM Update AD11-41","evidencePassage":"This policy memorandum (PM) provides guidance relating to certain U-3 derivative nonimmigrant petitions that are being held for final adjudication or have had their prior approvals limited in time due to the derivative aging-out. This PM also authorizes the approval of U-3 derivative nonimmigrant petitions for the full eligibility period of four years, allowing the U-3 derivative to remain in U nonimmigrant status past his or her 21st birthday, if necessary.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-9f2a8a3c4ee90f859d83","countryCode":"US","country":"United States","title":"Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives","policyEffect":"DHS established a provisional unlawful presence waiver process allowing certain immediate relatives of U.S. citizens to request waivers of inadmissibility for unlawful presence prior to departing the United States for consular processing.","operativeDate":"2013-03-04","year":2013,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Admission","policyTool":"Eligibility","sourceName":"Federal Register","sourceUrl":"https://govinfo.gov/app/details/FR-2013-01-03/2012-31268","preciseCitation":"Federal Register. Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives.; 78 FR 536; 8 CFR Parts 103 and 212; RIN 1615-AB99","evidencePassage":"This final rule is effective March 4, 2013.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ac65e2761720721df6c1","countryCode":"US","country":"United States","title":"South Sudan TPS redesignation expands eligibility","policyEffect":"DHS redesignates South Sudan for TPS for the period 2013-05-03 through 2014-11-02, allowing additional eligible South Sudanese nationals, and persons without nationality who last habitually resided in South Sudan, to obtain TPS. Applicants must have continuously resided in the United States since 2013-01-09, have been continuously physically present since 2013-05-03, and meet the other TPS eligibility and application requirements.","operativeDate":"2013-05-03","year":2013,"affectedGroup":"Eligible south sudanese nationals and stateless persons who last habitually resided in south sudan","materialConditionsAndExceptions":"Validated condition or limit: DHS redesignates South Sudan for TPS for the period 2013-05-03 through 2014-11-02, allowing additional eligible South Sudanese nationals, and persons without nationality who last habitually resided in South Sudan, to obtain TPS.; Applicants must have continuously resided in the United States since 2013-01-09, have been continuously physically present since 2013-05-03, and meet the other TPS eligibility and application requirements.","policyCategory":"Asylum or protection","policyTool":"Eligibility","sourceName":"US Department of Homeland Security / Federal Register","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2013/01/09/2013-00051.txt","preciseCitation":"Extension and Redesignation of South Sudan for Temporary Protected Status","evidencePassage":"South Sudan for Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This Notice announces that the Secretary of Homeland Security (Secretary) is both extending the existing designation of South Sudan for Temporary Protected Status (TPS) for 18 months from May 3, 2013 through November 2, 2014, and redesignating South Sudan for TPS for 18 months, effective May 3, 2013 through November 2, 2014. The extension allows currently eligible TPS beneficiaries to retain TPS through November 2, 2014. The redesignation of South Sudan allows additional individuals who have been continuously residing in the United States since January 9, 2013, to obtain TPS, if eligible. The Secretary has determined that an extension and redesignation are warranted because the conditions in South Sudan that prompted the TPS designation not only continue to be met but have deteriorated. There continues to be a substantial, but temporary, disruption of living conditions in South Sudan based upon ongoing armed conflict and extraordinary and temporary conditions in that country that prevent South Sudanese who now have TPS from returning in safety. This Notice also sets forth procedures necessary for nationals of South Sudan (or aliens having no nationality who last habitually resided in South Sudan) to either: (1) Re-register under the extension if they already have TPS and to apply for renewal of their Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS) or (2) submit an initial registration application under the redesignation and apply for an EAD. For individuals who have already been granted TPS under the South … persons without nationality who last habitually resided in the designated country. <bullet> During the TPS designation period, TPS beneficiaries are eligible to remain in the United States and may obtain work authorization, so long as they continue to meet the requirements of TPS status. <bullet> TPS beneficiaries may also be granted travel authorization as a matter of discretion. <bullet> The granting of TPS does not lead to permanent resident status. <bullet> When the Secretary terminates a country's TPS designation, beneficiaries return to the same immigration status they maintained before","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-feaf74bec64acbc08186","countryCode":"US","country":"United States","title":"Comprehensive EB-5 Immigrant Investor Program Adjudications Guidance","policyEffect":"Established comprehensive binding adjudication instructions and standards across USCIS for Form I-526, Form I-829, and Form I-924. It operatively formalized the deference policy requiring adjudicators to defer to prior favorable determinations on regional center business plans and economic methodologies absent material changes, fraud, or legal deficiencies, and clarified standards for bridge financing and job creation timelines. Phase scope: Nationwide for all pending and new EB-5 regional center applications, investor immigrant petitions, and condition removal filings.","operativeDate":"2013-05-30","year":2013,"affectedGroup":"Immigrant investors (eb-5 applicants) and regional centers","materialConditionsAndExceptions":"","policyCategory":"Employment & investment immigration","policyTool":"Adjudication standards & deference policy","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://uscis.gov/sites/default/files/err/B7%20-%20Immigrant%20Petition%20by%20Alien%20Entrepreneur,%20Sec.%20203(b)(5)%20of%20the%20INA/Decisions_Issued_in_2013/SEP232013_01B7203.pdf","preciseCitation":"USCIS Policy Memorandum PM-602-0083, EB-5 Adjudications Policy (May 30, 2013), as cited in AAO Non-Precedent Decision (Sep. 23, 2013)","evidencePassage":"Since prior determinations will be presumed to have been properly decided, a prior favorable determination will not be considered legally deficient for purposes of according deference unless the prior determination involved an objective mistake of fact or an objective mistake of law evidencing ineligibility for the benefit sought, but excluding those subjective evaluations related to evaluating eligibility. Unless there is reason to believe that a prior adjudication involved an objective mistake of fact or law, USeiS should not reexamine determinations made earlier in the EB-5 process. Absent a material change in facts, fraud, or willful misrepresentation, users should not re-adjudicate prior users determinations that are subjective, such as whether the business plan is comprehensive and credible or whether an economic methodology estimating job creation is reasonable.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-cfd5b4516e4b1177c5f8","countryCode":"US","country":"United States","title":"Extension of Immigration and Naturalization Benefits to Same-Sex Spouses","policyEffect":"Following the Supreme Court decision in United States v. Windsor declaring Section 3 of DOMA unconstitutional, USCIS and DHS directed adjudicators to apply the place-of-celebration rule to treat same-sex married couples identically to opposite-sex married couples across all family-based immigrant petitions, adjustment of status, naturalization, and derivative classifications. Phase scope: Nationwide implementation for all family-based petitions, employment-based derivative applications, naturalization, and adjustment of status requests involving legally married same-sex couples.","operativeDate":"2013-06-26","year":2013,"affectedGroup":"Same-sex spouses and derivative beneficiaries","materialConditionsAndExceptions":"","policyCategory":"Admission / legal status / family reunification","policyTool":"Adjudication standard / legal interpretation / benefit eligibility","sourceName":"USCIS Policy Manual","sourceUrl":"https://uscis.gov/policy-manual/volume-12-part-g-chapter-2","preciseCitation":"USCIS Policy Manual, Volume 12, Part G, Chapter 2 - Marriage and Marital Union for Naturalization","evidencePassage":"marriages for purposes of all federal laws, was unconstitutional.[8] In accordance with the Supreme Court decision, USCIS determines the validity of a same-sex marriage by the place-of-celebration rule, just as USCIS applies this rule to determine the validity of an opposite-sex marriage.[9] Therefore, in cases of marriage between persons of the same sex, officers will review the laws of the jurisdiction in which the marriage took place to determine if the jurisdiction recognizes same-sex marriages and the marriage otherwise is legally valid. Since the place-of-celebration rule governs same-sex marriages in exactly the same way that it governs opposite-sex marriages, unless the marriage is polygamous or otherwise falls within an exception to the place-of-celebration rule as discussed above, the legal validity of a same-sex marriage is determined exclusively by the law of the jurisdiction where the marriage was celebrated. If the same-sex couple now resides in a jurisdiction different from the one in which they celebrated their marriage, and that jurisdiction does not recognize same-sex marriages, the officer will look to the law of the state where the marriage was celebrated in order","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-c85f8748ba12f3c5d192","countryCode":"US","country":"United States","title":"United States expands Syria TPS eligibility through redesignation","policyEffect":"DHS redesignated Syria for Temporary Protected Status for October 1, 2013 through March 31, 2015, opening eligibility to additional Syrian nationals and stateless persons who last habitually resided in Syria. Applicants had to have continuously resided in the United States since June 17, 2013 and been continuously physically present since October 1, 2013, and meet the other TPS eligibility requirements. The initial registration window was June 17–December 16, 2013. Initial applications still pending from the original designation were treated under redesignation without a new Form I-821. USCIS could issue appropriate EADs during registration, but could not finally determine continuous physical presence before October 1; eligible applicants could receive EADs through March 31, 2015. Fee waivers remained available. If a fee waiver requested with a timely initial application was denied with fewer than 45 days remaining before the deadline or after it passed, the application could be refiled within 45 days of the denial notice. This record counts the expanded eligibility under redesignation. The same notice’s extension for existing beneficiaries is retained as renewal context, not an additional counted change; existing EADs were not automatically extended.","operativeDate":"2013-10-01","year":2013,"affectedGroup":"Additional otherwise-eligible syrian nationals and stateless persons last habitually resident in syria meeting the redesignation residence and physical-presence requirements","materialConditionsAndExceptions":"Validated condition or limit: DHS redesignated Syria for Temporary Protected Status for October 1, 2013 through March 31, 2015, opening eligibility to additional Syrian nationals and stateless persons who last habitually resided in Syria.; Applicants had to have continuously resided in the United States since June 17, 2013 and been continuously physically present since October 1, 2013, and meet the other TPS eligibility requirements.; USCIS could issue appropriate EADs during registration, but could not finally determine continuous physical presence before October 1; eligible applicants could receive EADs through March 31, 2015.; Fee waivers remained available.; If a fee waiver requested with a timely initial application was denied with fewer than 45 days remaining before the deadline or after it passed, the application could be refiled within 45 days of the denial notice.; This record counts the expanded…","policyCategory":"Temporary humanitarian protection","policyTool":"Tps extension and redesignation","sourceName":"DHS/USCIS and Office of the Federal Register","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2013-06-17/html/2013-14101.htm","preciseCitation":"DHS/USCIS, Extension and Redesignation of Syria for Temporary Protected Status, 78 FR 36223–36229, FR Doc 2013-14101, June 17, 2013.","evidencePassage":"Federal Register, Volume 78 Issue 116 (Monday, June 17, 2013) [Federal Register Volume 78, Number 116 (Monday, June 17, 2013)] [Notices] [Pages 36223-36229] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2013-14101] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2535-13; DHS Docket No. USCIS-2013-0001] RIN 1615-ZB22 Extension and Redesignation of Syria for Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the existing designation of Syria for Temporary Protected Status (TPS) for 18 months, from October 1, 2013 through March 31, 2015, and redesignating Syria for TPS for 18 months, effective October 1, 2013 through March 31, 2015. The extension allows currently eligible TPS beneficiaries to retain TPS through March 31, 2015 so long as they otherwise continue to meet the terms and conditions of TPS status. The redesignation of Syria allows additional individuals who have been continuously residing in the United States since June 17, 2013 to obtain TPS, if otherwise eligible. The Secretary has determined that an extension and redesignation are warranted because the extraordinary and temporary conditions in Syria that prompted the 2012 TPS designation have not only persisted, but have deteriorated, and because there is now an on- going armed conflict in Syria that would pose a serious threat to the personal safety of Syrian nationals if they were required to return to their country. Through this Notice, DHS also sets forth procedures necessary for nationals of Syria (or aliens having no nationality who last habitually resided in Syria) either to: (1) Re-register under the extension if they already have TPS and to apply for renewal of their Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS); or (2) submit an initial registration application under the redesignation and apply for an EAD. For individuals who have already been granted TPS under the original Syria designation, the 60-day re-registration period runs from June 17, 2013 through August 16, 2013. USCIS will issue new EADs with a March 31, 2015 expiration date to eligible Syrian TPS beneficiaries who timely re-register [[Page 36224]] and apply for EADs under this extension. Under the redesignation, individuals who currently do not have TPS (or an initial TPS application pending) may submit an initial application during the 180-day initial registration period that runs from June 17, 2013 through December 16, 2013. In addition to demonstrating continuous residence in the United States since June 17, 2013 … other eligibility criteria, initial applicants for TPS under this redesignation must demonstrate that they have been continuously physically present in the United States since October 1, 2013, the effective date of the redesignation of Syria, before USCIS can finally grant them TPS. TPS applications that were filed during the original Syria designation that opened on March 29, 2012, and remain pending on June 17, 2013 will be treated as initial applications under the redesignation. Therefore, individuals who have a pending TPS application will not need to file a new Application for Temporary Protected Status (Form I-821). DHS provides additional instructions in this Notice for individuals whose TPS applications remain pending and who would like to obtain an EAD valid through March 31, 2015. DATES: Extension of Designation of Syria for TPS: The 18-month extension of the TPS designation of Syria is effective October 1, 2013, and will remain in effect through March 31, 2015. The 60-day re- registration period runs from June 17, 2013 through August 16, 2013. Redesignation of Syria for TPS: The redesignation of Syria for TPS is effective October 1, 2013, and will remain in effect through March 31, 2015, a period of 18 months. The 180-day initial registration period for new applicants under the Syria TPS redesignation runs from June 17, 2013 through December 16, 2013. Further Information For further information on TPS, including guidance on the application process and additional information on eligibility, please visit the USCIS TPS Web page at http://www.uscis.gov/tps. You can find specific information about this extension and redesignation of Syria for TPS by selecting ``TPS Designated Country: Syria'' from the menu on the left of the TPS Web page. You can also contact the TPS Operations Program Manager at the Family and Status Branch, Service Center Operations Directorate, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue NW., Washington, DC 20529-2060; or by phone at (202) 272-1533 (this is not a toll-free number). Note: The phone number provided here is solely for questions regarding this TPS Notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases can check Case Status Online, available at the USCIS Web site at http://www.uscis.gov, or call the USCIS National Customer Service Center at 800-375-5283 (TTY 800-767-1833). Service is available in English and Spanish. Further information will also be available at local USCIS offices upon publication of this Notice. SUPPLEMENTARY INFORMATION: Table of Abbreviations BIA--Board of Immigration Appeals DHS--Department of Homeland Security DOS--Department of State EAD--Employment Authorization Document FSA--Free Syrian Army Government--U.S. Government IDP--Internally Displaced Persons IJ--Immigration Judge INA--Immigration and Nationality Act OSC--U.S. Department of Justice, Offi","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-9cc9d7c33abb8b283deaa0fb","countryCode":"US","country":"United States","title":"State and DHS jointly decide armed-forces visa and passport waivers","policyEffect":"For proposed entry of foreign armed-forces or coast-guard members under arrangements coordinated by U.S. military authorities, the Department of State and Department of Homeland Security jointly decide whether to waive visa or passport requirements.","operativeDate":"2014-04-08","year":2014,"affectedGroup":"Members of armed forces and coast guards of foreign countries","materialConditionsAndExceptions":"Recorded validated scope: 22 CFR Part 41.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2014/04/08/2014-07866/visas-waiver-by-joint-action-of-visa-and-passport-requirements-for-members-of-armed-forces-and-coast","preciseCitation":"","evidencePassage":"Guards of Foreign Countries AGENCY: Department of State. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of State is amending its regulations regarding the waiver by joint action of consular and immigration officers of visa and passport requirements for members of foreign armed forces and coast guards. Specifically, the regulation, as amended, removes the current list of countries whose armed forces members are ineligible for a such a waiver, and provides that, in every case, when entry of foreign armed forces and coast guard members is proposed under arrangements made with the appropriate military authorities of the United States and after coordination within the U.S. Government by those U.S. military authorities, the Department of Homeland Security and the Department of State will jointly decide whether to approve waiver of the visa and/or passport requirements. DATES: Effective Date: This rule becomes effective April 8, 2014. FOR FURTHER INFORMATION CONTACT: Jennifer Liu, Legislation and Regulations Division, Legal Affairs, Office of Visa Services, Bureau of Consular Affairs, Department of State, 600 19th Street NW","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-i693-validity-20140601","countryCode":"US","country":"United States","title":"Medical examination reports limited to one year from submission","policyEffect":"From June 1, 2014, USCIS limited the validity of Form I-693 medical examination reports to one year from submission to USCIS and discontinued the policy of annual validity extensions. The revised policy applied to benefit applications adjudicated on or after June 1, 2014.","operativeDate":"2014-06-01","year":2014,"affectedGroup":"Applicants relying on form i-693 for an immigration benefit","materialConditionsAndExceptions":"Validated condition or limit: From June 1, 2014, USCIS limited the validity of Form I-693 medical examination reports to one year from submission to USCIS and discontinued the policy of annual validity extensions.; The revised policy applied to benefit applications adjudicated on or after June 1, 2014.","policyCategory":"Health-related admissibility","policyTool":"Medical examination requirements","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20140530-I-693Validity.pdf","preciseCitation":"USCIS Policy Alert PA-2014-005","evidencePassage":"r admissibility purposes as long as the form was reviewed within one year from the date of the civil surgeon’s signature. In 2002, USCIS (then legacy INS), in consultation with the Centers for Disease Control and Prevention (CDC), extended the validity of the civil surgeon endorsement on Form I-693 beyond the one- year threshold in certain circumstances. The extension has been continuously renewed on an annual basis since 2002. In response to concerns raised by CDC, USCIS is revising its policy relating to the validity of the medical examination report submitted by the applicant, to include di … scontinuing the annual extension policy. The revised policy becomes effective on June 1, 2014, and applies to any Form I-693 supporting a benefit application adjudicated on or after that date. Policy Highlights  Limits the validity period of Form I-693 to one year from time of submission to USCIS.  Provides guidance on filing the Form I-693, to include guidance on concurrent and subsequent filings prior to the adjudication of the benefit application. Citation Volume 8: Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 4, Review of Medical Examination Documentation","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-60677f5e9437ec434f9465e0","countryCode":"US","country":"United States","title":"The Department of State amends the immigrant visa classification table to add the IB5 symbol for an immigrant visa issued to a parent of a U.S.","policyEffect":"The Department of State amends the immigrant visa classification table to add the IB5 symbol for an immigrant visa issued to a parent of a U.S. citizen who meets the criteria established under the Violence Against Women and Department of Justice Reauthorization Act of 2005.","operativeDate":"2014-06-05","year":2014,"affectedGroup":"Parent of a current u.s. citizen, or the parent of a former u.s. citizen","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2014/06/05/2014-13091/visas-documentation-of-immigrants-under-the-immigration-and-nationality-act-as-amended","preciseCitation":"","evidencePassage":"Department of State. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Violence Against Women and Department of Justice Reauthorization Act of 2005, the Department of State amends the immigrant visa classification table listed in the Department's regulations to add a symbol for an immigrant visa issued to to an alien who: is the parent of a current U.S.citizen, or the parent of a former U.S. citizen who, within the two-year period prior to filing the petition, lost or renounced U.S. citizenship status related to an incident of domestic … Pub. L. 111-287; 8 U.S.C. 1101, 124 Stat. 3058; 8 U.S.C. 1154, Pub. Law 109-162. 0 2. Section 42.11 is amended by adding an entry for ``IB5'' after ``IB3'' under ``Immediate Relatives'' in the ``Immigrants'' table to read as follows: Sec. 42.11 Classification symbols. * * * * * Immigrants ---------------------------------------------------------------------------------------------------------------- Symbol Class Section of law ---------------------------------------------------------------------------------------------------------------- Immediate Relatives ...................................... * * * * * * * IB5............................................ Self-petition Parent of U.S. Citizen.. 204(a)(1)(A)(vii) * * * * * * * ---------------------------------------------------------------------------------------------------------------- Dated: May 12, 2014. Michele T. Bond, Acting Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 2014-13091 Filed 6-4-14; 8:45 am] BILLING CODE 4710-06-P","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recall-52c5ea11a6bae076a3bc","countryCode":"US","country":"United States","title":"An additional 1,000 Afghan Special Immigrant Visas authorized","policyEffect":"Authorized an additional 1,000 principal aliens to be granted Afghan Special Immigrant Visa status between the date of enactment and December 31, 2014.","operativeDate":"2014-08-08","year":2014,"affectedGroup":"Principal Afghan Special Immigrant Visa applicants under the statutory program","materialConditionsAndExceptions":"Validated condition or limit: The extra allocation covered 1,000 principal applicants only during the period from 8 August through 31 December 2014.","policyCategory":"Eligibility","policyTool":"Statute","sourceName":"congress.gov","sourceUrl":"https://congress.gov/113/plaws/publ160/PLAW-113publ160.pdf","preciseCitation":"Public Law 113-160; operative 2014-08-08.","evidencePassage":"128 STAT. 1853PUBLIC LAW 113–160—AUG. 8, 2014 Public Law 113–160 113th Congress An Act To provide additional visas for the Afghan Special Immigrant Visa Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF AFGHAN SPECIAL IMMIGRANT PROGRAM. Section 602(b)(3) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended by adding at the end the following: ‘‘(E) SPECIAL RULE FOR END OF CALENDAR YEAR 2014.— ‘‘(i) IN GENERAL.—During the period beginning on the date of the enactment of this subparagraph and ending on December 31, 2014, an additional 1,000 prin- cipal aliens may be provided special immigrant status under this section. For purposes of status provided under this subparagraph— ‘‘(I) the period during which an alien must have been employed in accordance with paragraph (2)(A)(ii) must terminate on or before December 31, 2014; ‘‘(II) the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) not later than December 31, 2014; and ‘‘(III) the authority to provide such status shall terminate on December 31, 2014. ‘‘(ii) CONSTRUCTION.—Clause (i) shall not be con- strued to affect the authority, numerical limitations, or terms for provision of status, under subparagraph (D).’’. SEC. 2. TEMPORARY FEE INCREASE FOR CERTAIN CONSULAR SERV- ICES. (a) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of State, not later than January 1, 2015, shall increase the fee or surcharge authorized under section 140(a) o","reviewMethod":"Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-782b6b2615f5259e53e5","countryCode":"US","country":"United States","title":"Designation of Guinea for Temporary Protected Status","policyEffect":"DHS designated Guinea for Temporary Protected Status (TPS) for 18 months, allowing eligible nationals to remain temporarily in the United States, prevent removal, and apply for Employment Authorization Documents (EADs).","operativeDate":"2014-11-21","year":2014,"affectedGroup":"Guinean nationals (and aliens having no nationality who last habitually resided in guinea) who have continuously resided in the united states since november 20, 2014 and been continuously physically present in the united states since november 21, 2014","materialConditionsAndExceptions":"Validated condition or limit: DHS designated Guinea for Temporary Protected Status (TPS) for 18 months, allowing eligible nationals to remain temporarily in the United States, prevent removal, and apply for Employment Authorization Documents (EADs).","policyCategory":"Not stated","policyTool":"Not stated","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2014/11/21/2014-27770.txt","preciseCitation":"","evidencePassage":"During the TPS designation period, TPS beneficiaries are eligible to remain in the United States, may not be removed, and are authorized to work and to obtain EADs, so long as they continue to meet the requirements of TPS. … This designation of Guinea for TPS is effective on November 21, 2014 and will remain in effect through May 21, 2016. … This designation allows eligible Guinean nationals (and aliens having no nationality who last habitually resided in Guinea) who have continuously resided in the United States since November 20, 2014 and been continuously physically present in the United States since November 21, 2014 to be granted TPS. … To register for TPS for Guinea, an applicant must submit each of the following two applications: 1. Application for Temporary Protected Status (Form I-821) with the form fee; and 2. Application for Employment Authorization (Form I-765). … The 180-day registration period for eligible individuals to submit TPS applications begins November 21, 2014, and will remain in effect through May 20, 2015.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-db054204d5f99836da19","countryCode":"US","country":"United States","title":"Five countries added to H-2A and H-2B eligible country list","policyEffect":"DHS added Czech Republic, Denmark, Madagascar, Portugal, and Sweden to the list of countries whose nationals are eligible to participate in the H-2A and H-2B temporary worker visa programs.","operativeDate":"2015-01-18","year":2015,"affectedGroup":"Nationals of the Czech Republic, Denmark, Madagascar, Portugal, and Sweden seeking H-2A or H-2B status","materialConditionsAndExceptions":"Effective January 18, 2015 for a period of one year. Does not affect aliens who currently hold valid H-2A or H-2B status unless seeking an extension of stay or change of status.","policyCategory":"Eligibility","policyTool":"Notice","sourceName":"Federal Register / Vol. 79, No. 241 / Notices","sourceUrl":"https://govinfo.gov/content/pkg/FR-2014-12-16/pdf/2014-29353.pdf","preciseCitation":"79 FR 74735, 74736","evidencePassage":"In consideration of all of the above, this notice designates for the first time the Czech Republic, Denmark, Madagascar, Portugal, and Sweden as countries whose nationals are eligible to participate in the H–2A and H–2B programs. VerDate Sep<11>2014 19:38 Dec 15, 2014 Jkt 235001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\16DEN1.SGM 16DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 74736 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices Designation of Countries Whose Nationals Are Eligible To Participate in the H–2A and H–2B Nonimmigrant Worker Programs Pursuant to the authority provided to the Secretary of Homeland Security under sections 214(a)(1), 215(a)(1), and 241 of the Immigration and Nationality Act (8 U.S.C. 1184(a)(1), 1185(a)(1), and 1231), I am designating, with the concurrence of the Secretary of State, nationals from the following countries to be eligible to participate in the H–2A and H–2B nonimmigrant worker programs: Argentina Australia Austria Barbados Belize Brazil Bulgaria Canada Chile Costa Rica Croatia Czech Republic Denmark Dominican Republic Ecuador El Salvador Estonia Ethiopia Fiji Grenada Guatemala Haiti Honduras Hungary Iceland Ireland Israel Italy Jamaica Japan Kiribati Latvia Lithuania Macedonia Madagascar Mexico Moldova Montenegro Nauru The Netherlands Nicaragua New Zealand Norway Panama Papua New Guinea Peru The Philippines Poland Portugal Romania Samoa Serbia Slovakia Slovenia Solomon Islands South Africa South Korea Spain Sweden Switzerland Thailand Tonga Turkey Tuvalu Ukraine United Kingdom Uruguay Vanuatu This notice does not affect the status of aliens who currently hold valid H–2A or H–2B nonimmigrant status. Persons currently holding such status, however, will be affected by this notice should they seek an extension of stay in H–2 classification, or a change of status from one H–2 status to another. Similarly, persons holding nonimmigrant status other than H–2 status are not affected by this notice unless they seek a change of status to H–2 status. Nothing in this notice limits the authority of the Secretary of Homeland Security or his or her designee or any other federal agency to invoke against any foreign country or its nationals any other remedy, penalty, or enforcement action available by law. Jeh Charles Johnson, Secretary. [FR Doc. 2014–29353 Filed 12–15–14; 8:45 am] BILLING CODE 9110–9M–P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary [Docket No. DHS–2014–0068] Privacy Act of 1974; Department of Homeland Security/United States Coast Guard—002 Employee Assistance Program Records System of Records AGENCY: Privacy Office, Department of Homeland Security. ACTION: Notice of Privacy Act System of Records. SUMMARY: In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue a current Department of Homeland Security system of records titled, ‘‘Department of Homeland Security/United States Coast Guard Employee Assistance Program Records System of Records.’’ This system of records allows the Department of Homeland Security/United States Coast Guard to administer the United States Coast Guard Employee Assistance Program for military personnel. As a result of the biennial review of this system, the system manager and address category has been updated. Additionally, this notice includes non- substantive changes to simplify the formatting and text of the previously published notice. This updated system will be included in the Department of Homeland Security’s inventory of record systems. DATES: Submit comments on or before January 15, 2015. This updated system will be effective January 15, 2015. ADDRESSES: You may submit comments, identified by docket number DHS– 2014–0068 by one of the following methods: • Federal e-Rulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–343–4010. • Mail: Karen L. Neuman, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Docket: For access to the docket to read background documents or comments received, please visit http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: For general questions, please contact: Marilyn Scott-Perez (202) 475–3515, Privacy Officer, Commandant (CG–61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593. For privacy questions, please contact: Karen L. Neuman, (202) 343–1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: I. Background In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the Department of Homeland Security (DHS) United States Coast Guard (USCG) proposes to update and reissue a current DHS system of records titled, ‘‘DHS/United States Coast Guard—002 Employee Assistance Program Records System of Records.’’ The collection and maintenance of this information will allow the DHS/USCG to administer the United States Coast Guard Employee Assistance Program for military personnel. As a result of a biennial review of the system, the system manager and address category","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b29f1dbee46e7998bfd3","countryCode":"US","country":"United States","title":"Syria TPS redesignation expands eligibility","policyEffect":"DHS redesignates Syria for TPS for the period 2015-04-01 through 2016-09-30, allowing additional eligible Syrian nationals, and persons without nationality who last habitually resided in Syria, to obtain TPS. Applicants must have continuously resided in the United States since 2015-01-05, have been continuously physically present since 2015-04-01, and meet the other TPS eligibility and application requirements.","operativeDate":"2015-04-01","year":2015,"affectedGroup":"Eligible syrian nationals and stateless persons who last habitually resided in syria","materialConditionsAndExceptions":"Validated condition or limit: DHS redesignates Syria for TPS for the period 2015-04-01 through 2016-09-30, allowing additional eligible Syrian nationals, and persons without nationality who last habitually resided in Syria, to obtain TPS.; Applicants must have continuously resided in the United States since 2015-01-05, have been continuously physically present since 2015-04-01, and meet the other TPS eligibility and application requirements.","policyCategory":"Asylum or protection","policyTool":"Eligibility","sourceName":"US Department of Homeland Security / Federal Register","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2015/01/05/2014-30871.txt","preciseCitation":"Extension and Redesignation of the Syrian Arab Republic for Temporary Protected Status","evidencePassage":"Arab Republic for Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of the Syrian Arab Republic (Syria) for Temporary Protected Status (TPS) for 18 months, from April 1, 2015 through September 30, 2016, and redesignating Syria for TPS for 18 months, effective April 1, 2015 through September 30, 2016. The extension allows currently eligible TPS beneficiaries to retain TPS through September 30, 2016, so long as they otherwise continue to meet the eligibility requirements for TPS. The redesignation of Syria allows additional individuals who have been continuously residing in the United States since January 5, 2015 to obtain TPS, if otherwise eligible. The Secretary has determined that an extension of the current designation and a redesignation of Syria for TPS are warranted because the ongoing armed conflict and other extraordinary and temporary conditions that prompted the 2013 … effect through September 30, 2016. The 60-day re- registration period runs from January 5, 2015 through March 6, 2015. Redesignation of Syria for TPS: The redesignation of Syria for TPS is effective April 1, 2015, and will remain in effect through September 30, 2016, a period of 18 months. The 180-day initial registration period for new applicants under the Syria TPS redesignation runs from January 5, 2015 through July 6, 2015. FOR FURTHER INFORMATION CONTACT: <bullet> For further information on TPS, including guidance on the application process and additional information on eligibility, please … , 8 U.S.C. 1254a(b)(1), authorizes the Secretary, after consultation with appropriate U.S. Government (Government) agencies, to designate a foreign state (or part thereof) for TPS if the Secretary finds that certain country conditions exist.\\1\\ The Secretary may then grant TPS to eligible nationals of that foreign state (or aliens having no nationality who last habitually resided in that state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A). --------------------------------------------------------------------------- \\1\\ As of March 1, 2003, in accordance with section 1517 of title XV of","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-9e89824743487ad4d1e0","countryCode":"US","country":"United States","title":"Temporary Non-Agricultural Employment of H-2B Aliens in the United States","policyEffect":"DHS and DOL issued an interim final rule to establish the process for employers to obtain a temporary labor certification to employ nonimmigrant workers in H-2B status, including new recruitment requirements and worker protections.","operativeDate":"2015-04-29","year":2015,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Work authorization","policyTool":"Eligibility","sourceName":"govinfo.gov","sourceUrl":"https://govinfo.gov/app/details/FR-2015-04-29/2015-09694","preciseCitation":"govinfo.gov. Temporary Non-Agricultural Employment of H-2B Aliens in the United States.; 80 FR 24042; FR Doc. 2015-09694","evidencePassage":"This interim final rule is effective April 29, 2015.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-030cc816e6c2c849cf31","countryCode":"US","country":"United States","title":"Employment Authorization for Certain H-4 Dependent Spouses","policyEffect":"DHS extended eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status.","operativeDate":"2015-05-26","year":2015,"affectedGroup":"An h-4 nonimmigrant spouse of an h-1b nonimmigrant may be eligible for employment authorization only if the h-1b nonimmigrant is the beneficiary of an approved immigrant petition for alien worker, or successor form, or the h-1b nonimmigrant's period of stay in h-1b status is authorized in the united states under sections 106(a) and (b) of the american competitiveness in the twenty-first century act of 2000 (ac21)","materialConditionsAndExceptions":"Validated condition or limit: DHS extended eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status.","policyCategory":"Work authorization","policyTool":"Eligibility","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2015/02/25/2015-04042/employment-authorization-for-certain-h-4-dependent-spouses","preciseCitation":"","evidencePassage":"This final rule amends Department of Homeland Security (“DHS” or “Department”) regulations by extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (“LPR”) status. … An H-4 nonimmigrant spouse of an H-1B nonimmigrant may be eligible for employment authorization only if the H-1B nonimmigrant is the beneficiary of an approved Immigrant Petition for Alien Worker, or successor form, or the H-1B nonimmigrant's period of stay in H-1B status is authorized in the United States under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), Public Law 106-313, as amended by the 21st Century Department of Justice Appropriations Authorization Act, Public Law 107-273 (2002). … To request employment authorization, an eligible H-4 nonimmigrant spouse must file an Application for Employment Authorization, or a successor form, in accordance with 8 CFR 274a.13 and the form instructions. … An Application for Employment Authorization must be accompanied by documentary evidence establishing eligibility, including evidence of the spousal relationship and that the principal H-1B is the beneficiary of an approved Immigrant Petition for Alien Worker or has been provided H-1B status under sections 106(a) and (b) of AC21, as amended by the 21st Century Department of Justice Appropriations Authorization Act, the H-1B beneficiary is currently in H-1B status, and the H-4 nonimmigrant spouse is currently in H-4 status.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recall-819e066df2d28df72879","countryCode":"US","country":"United States","title":"Nepal designated for Temporary Protected Status","policyEffect":"DHS designated Nepal for Temporary Protected Status (TPS) for an initial period of 18 months, granting protection from removal and eligibility for employment authorization to qualifying Nepalese nationals.","operativeDate":"2015-06-24","year":2015,"affectedGroup":"Eligible Nepal nationals already resident in the United States under the notice's cutoff rules","materialConditionsAndExceptions":"Validated condition or limit: The initial designation ran for 18 months, from 24 June 2015 through 24 December 2016, and allowed qualifying beneficiaries to seek employment authorization.","policyCategory":"New pathway","policyTool":"Executive Instrument","sourceName":"govinfo.gov","sourceUrl":"https://govinfo.gov/app/details/FR-2015-06-24/2015-15576","preciseCitation":"80 FR 36346; operative 2015-06-24.","evidencePassage":"--- title: \"80 FR 36346 - Designation of Nepal for Temporary Protected Status - Content Details - 2015-15576\" meta: author: description: \"og:description\": \"Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has designated Nepal for Temporary Protected Status (TPS) for a period of 18 months, effective June 24, 2015 through December 24, 2016. Under section 244(b)(1)(B) of the Immigration and Nationality Act (INA), 8 U.S.C. 1254a(b)(1)(B), the Secretary is authorized to designate a foreign state (or any part thereof) for TPS upon finding that the foreign state has experienced an earthquake resulting in a substantial, but temporary, disruption of living conditions. This designation allows eligible Nepalese nationals (and aliens having no nationality who last habitually resided in Nepal) who have continuously resided in the United States since June 24, 2015, and have been continuously physically present in the United States since June 24, 2015 to be granted TPS. This Notice also describes the other eligibility criteria applicants must meet. Individuals who believe they may qualify for TPS under this designation may apply within the 180-day registration period that begins on June 24, 2015 and ends on December 21, 2015. They may","reviewMethod":"Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-d6876d13dc3c9c912fca","countryCode":"US","country":"United States","title":"Mandatory H-1B Amended Petition Requirement for Geographic Worksite Relocations (Matter of Simeio Solutions, LLC)","policyEffect":"USCIS issued binding guidance in Policy Memorandum PM-602-0120 implementing the AAO precedent decision Matter of Simeio Solutions, LLC, requiring H-1B petitioners to file an amended or new Form I-129 petition with a certified Labor Condition Application (LCA) before placing an H-1B employee at a new place of employment not covered by an existing, approved petition. Phase scope: Nationwide; applied to all H-1B employers and beneficiaries changing geographical worksite locations.","operativeDate":"2015-07-21","year":2015,"affectedGroup":"H-1b employers and specialty occupation nonimmigrant workers","materialConditionsAndExceptions":"Validated condition or limit: USCIS issued binding guidance in Policy Memorandum PM-602-0120 implementing the AAO precedent decision Matter of Simeio Solutions, LLC, requiring H-1B petitioners to file an amended or new Form I-129 petition with a certified Labor Condition Application (LCA) before placing an H-1B employee at a new place of employment not covered by an existing, approved petition.","policyCategory":"Labour migration / temporary high-skilled work","policyTool":"Obligations / mandatory petition amendment & compliance","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://uscis.gov/archive/final-guidance-on-when-to-file-an-amended-or-new-h-1b-petition-after-matter-of-simeio-solutions-llc","preciseCitation":"USCIS Policy Memorandum PM-602-0120, Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC (July 21, 2015)","evidencePassage":"This decision represents the USCIS position that H-1B petitioners are required to file an amended or new petition before placing an H-1B employee at a new place of employment not covered by an existing, approved H-1B petition. On May 21, 2015, USCIS issued draft guidance on this topic and solicited public comment regarding the implementation of Simeio. After reviewing and carefully considering the feedback submitted, USCIS is now issuing Policy Memorandum 602-0120, USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC .","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-5ab65a4c9af3bad4b05a","countryCode":"US","country":"United States","title":"BIA Precedent on Subsequent Asylum Filings and REAL ID Act Applicability (Matter of M-A-F-)","policyEffect":"The Board of Immigration Appeals held in a binding precedent that when an asylum applicant who filed before the May 11, 2005 effective date of the REAL ID Act submits a subsequent application on or after that date presenting a new basis for relief or substantially different factual basis, the later filing date controls for determining the applicability of section 208(b)(1)(B)(iii) credibility standards and the 1-year statutory filing deadline under section 208(a)(2)(B). Phase scope: Nationwide across all EOIR Immigration Courts and the Board of Immigration Appeals.","operativeDate":"2015-08-21","year":2015,"affectedGroup":"Asylum seekers with amended or renewed applications","materialConditionsAndExceptions":"Validated condition or limit: The Board of Immigration Appeals held in a binding precedent that when an asylum applicant who filed before the May 11, 2005 effective date of the REAL ID Act submits a subsequent application on or after that date presenting a new basis for relief or substantially different factual basis, the later filing date controls for determining the applicability of section 208(b)(1)(B)(iii) credibility standards and the 1-year statutory filing deadline under section 208(a)(2)(B).","policyCategory":"Asylum or protection / adjudication standards","policyTool":"Legal interpretation / credibility standards & filing date determination","sourceName":"justice.gov","sourceUrl":"https://justice.gov/eoir/file/762676/dl?inline=","preciseCitation":"Matter of M-A-F-, 26 I&N Dec. 651 (BIA 2015)","evidencePassage":"(1) Where an applicant has filed an asylum application before the May 11, 2005, effective date of the REAL ID Act of 2005, Division B of Pub. L. No. 109-13, 119 Stat. 302, and, on or after that date, submitted a subsequent application that is properly viewed as a new application, the later filing date controls for purposes of determining the applicability of section 208(b)(1)(B)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1158(b)(1)(B)(iii) (2012), to credibility determinations. (2) A subsequent asylum application is properly viewed as a new application if it presents a previously unraised basis for relief or is predicated on a new or substantially different factual basis.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-37cdcfb3705c96eaca30","countryCode":"US","country":"United States","title":"USCIS Binding Adjudication Guidance on L-1B Specialized Knowledge Classification","policyEffect":"Standardized the administrative adjudication framework across all USCIS service centers for L-1B intracompany transferee petitions, defining evidentiary standards for specialized knowledge under a preponderance of the evidence standard. Phase scope: Nationwide across all USCIS Service Centers; applies to all L-1B petitions pending or filed on or after August 31, 2015.","operativeDate":"2015-08-31","year":2015,"affectedGroup":"Multinational employers and specialized knowledge foreign intracompany transferees (l-1b)","materialConditionsAndExceptions":"Validated condition or limit: applies to all L-1B petitions pending or filed on or after August 31, 2015.","policyCategory":"Labour migration / legal migration","policyTool":"Adjudication criteria / binding administrative guidance","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://uscis.gov/archive/updated-policy-memorandum-on-l-1b-visa-petition-adjudications","preciseCitation":"U.S. Citizenship and Immigration Services, Policy Memorandum: Updated Policy Memorandum on L-1B Visa Petition Adjudications (PM-602-0111 / AFM Update AD 15-07), published March 24, 2015, effective August 31, 2015.","evidencePassage":"It will go into effect on August 31, 2015. It provides guidance to USCIS officers in adjudicating petitions filed by multinational companies seeking to temporarily transfer employees who possess “specialized knowledge” from their foreign operations to their operations in the United States. The updated policy memorandum clarifies for adjudicators how L-1B petitioners may demonstrate that an employee possesses specialized knowledge.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-0e653ed52b58340a29bc","countryCode":"US","country":"United States","title":"Implementation of Dual-Chart Immigrant Visa Filing System ('Dates for Filing' vs. 'Final Action Dates')","policyEffect":"In coordination with the Department of State (DOS), USCIS overhauled the monthly Visa Bulletin and adjustment of status filing procedures by establishing a two-chart system: 'Application Final Action Dates' and 'Dates for Filing Applications'. This allows eligible family-sponsored and employment-based preference applicants to file Form I-485 for adjustment of status, along with associated employment authorization and advance parole applications, earlier than the date their immigrant visa becomes available for final issuance. Phase scope: Nationwide implementation across all DOS consular posts and USCIS adjustment of status adjudications.","operativeDate":"2015-10-01","year":2015,"affectedGroup":"Employment-based and family-sponsored immigrant visa applicants","materialConditionsAndExceptions":"Validated condition or limit: This allows eligible family-sponsored and employment-based preference applicants to file Form I-485 for adjustment of status, along with associated employment authorization and advance parole applications, earlier than the date their immigrant visa becomes available for final issuance.","policyCategory":"Legal immigration / permanent residence / status adjustment","policyTool":"Filing channel / application intake window expansion","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://uscis.gov/archive/dos-publishes-updated-visa-bulletin-for-october-2015","preciseCitation":"USCIS, DOS Publishes Updated Visa Bulletin for October 2015 (Sept. 25, 2015)","evidencePassage":"System for the 21st century (PDF), issued in July 2015. What is Changing Two charts per visa preference category will be posted in the DOS Visa Bulletin: Application Final Action Dates (dates when visas may finally be issued); and Dates for Filing Applications (earliest dates when applicants may be able to apply). Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status. To determine whether additional visas","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-bcb17f8367aa6e1296bd3262","countryCode":"US","country":"United States","title":"Administrative Processing of Request for Certificate of Loss of Nationality Fee Expansion","policyEffect":"The rule renames the “Administrative Processing of Formal Renunciation of U.S. Citizenship” fee, as the “Administrative Processing of Request for Certificate of Loss of Nationality” fee, applying the fee to any request for a Certificate of Loss of Nationality whether the individual has relinquished nationality by taking an oath of renunciation or by voluntarily and intentionally performing another potentially expatriating act specified by statute.","operativeDate":"2015-11-09","year":2015,"affectedGroup":"U.s. nationals who relinquish nationality under 8 u.s.c. 1481(a)(1) to 1481(a)(4) or 1481(a)(5)","materialConditionsAndExceptions":"Recorded validated scope: Fee for Certificate of Loss of Nationality processing.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2015/09/08/2015-22054.txt","preciseCitation":"","evidencePassage":"The rule also renames the ``Administrative Processing of Formal Renunciation of U.S. Citizenship'' fee, as the ``Administrative Processing of Request for Certificate of Loss of Nationality'' fee, applying the fee to any request for a Certificate of Loss of Nationality whether the individual has relinquished nationality by taking an oath of renunciation or by voluntarily and intentionally performing another potentially expatriating act specified by statute. … Section 22.1, Item 8 becomes effective November 9, 2015. … The fee will be applied to cover not only services to U.S. nationals (i.e., U.S. citizens and non- citizen nationals) who relinquish nationality by taking the oath of renunciation under 8 U.S.C. 1481(a)(5), but also to cover services to U.S. nationals who relinquish nationality under 8 U.S.C. 1481(a)(1) to 1481(a)(4) or any earlier-in-time relinquishment statutes administered by the Department of State and request a Certificate of Loss of Nationality. … The fee would be collected from an individual claiming to have relinquished nationality at the time that person requests the Certificate of Loss of Nationality (that is, after completing Form DS- 4079 and signing before a consular officer Part II of Form DS-4079 entitled ``Statement of Voluntary Relinquishment of U.S. Citizenship'').","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-e3b18baaf35770c0d4ab","countryCode":"US","country":"United States","title":"Implementation of visa-waiver restrictions for specified nationality and travel histories","policyEffect":"On January 21, 2016, the United States began implementing the 2015 Act’s Visa Waiver Program restrictions for nationals of VWP countries who were also nationals of Iran, Iraq, Sudan or Syria, or who had travelled to or been present in those four countries on or after March 1, 2011. The travel-history restriction had limited diplomatic and military exceptions, and the law permitted case-by-case law-enforcement or national-security waivers. CBP began revoking existing ESTAs for travellers who had disclosed dual nationality with those countries. Affected travellers could still seek a nonimmigrant visa.","operativeDate":"2016-01-21","year":2016,"affectedGroup":"Vwp-country nationals with the specified dual nationality or travel history, subject to statutory exceptions and individual waivers","materialConditionsAndExceptions":"Validated condition or limit: On January 21, 2016, the United States began implementing the 2015 Act’s Visa Waiver Program restrictions for nationals of VWP countries who were also nationals of Iran, Iraq, Sudan or Syria, or who had travelled to or been present in those four countries on or after March 1, 2011.; The travel-history restriction had limited diplomatic and military exceptions, and the law permitted case-by-case law-enforcement or national-security waivers.","policyCategory":"Migration policy","policyTool":"","sourceName":"U.S. Department of State and Customs and Border Protection","sourceUrl":"https://2009-2017.state.gov/r/pa/prs/ps/2016/01/251577.htm","preciseCitation":"","evidencePassage":"Washington, DC January 21, 2016 The United States today began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). U.S. Customs and Border Protection (CBP) welcomes more than a million passengers arriving to the United States every day and is committed to facilitating legitimate travel while maintaining the highest standards of security and border protection. Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP): Nationals of VWP … countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country). Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria. These individuals will still be able to apply for a visa using the regular immigration process at our embassies or consulates. For those who need a U.S. visa for urgent business, medical, or humanitarian travel to the United States, U.S. embassies and consulates stand ready to process applications on an expedited basis. Beginning January 21, 2016, travelers who currently have valid Electronic System for Travel Authorizations (ESTAs) and who have previously indicated holding dual nationality with one of the four countries listed above on their ESTA applications will have their current ESTAs revoked. Under the new law, the Secretary of Homeland Security may waive these restrictions if he determines that such a waiver is in the law enforcement or national security interests of the United States. Such waivers will be granted only on a case-by-case basis. As a general matter, categories of travelers","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-medical-disease-removal-20160328","countryCode":"US","country":"United States","title":"Three diseases removed from health-related inadmissibility grounds","policyEffect":"Effective March 28, 2016, chancroid, granuloma inguinale and lymphogranuloma venereum were removed from the list of communicable diseases of public health significance that could make an applicant inadmissible on health-related grounds. USCIS incorporated this change into its guidance on November 2, 2016, reflecting the earlier effective date of the HHS regulation.","operativeDate":"2016-03-28","year":2016,"affectedGroup":"Applicants assessed for health-related immigration inadmissibility","materialConditionsAndExceptions":"","policyCategory":"Health-related admissibility","policyTool":"Medical examination requirements","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20161102-MedicalConditions.pdf","preciseCitation":"USCIS Policy Alert PA-2016-07","evidencePassage":"ventable diseases.  Updates the definition of a Class B condition to “health conditions, diseases, or disability serious in degree or permanent in nature.”  Updates the definition of physical and mental disorders with associated harmful behavior and the definition of drug abuse and drug addiction.  Removes 3 medical conditions (chancroid, granuloma inguinale, and lymphogranuloma venereum) from the list of communicable diseases of public health significance that would render an applicant for immigration benefits inadmissible on health-related grounds of inadmissibility. Citation Volume 8: Ad … und On January 26, 2016, HHS published the final rule updating HHS’s regulation. USCIS is updating its guidance in Volume 8, Part B of the Policy Manual to reflect the changes to the HHS regulation. The HHS final rule was effective on March 28, 2016. Accordingly, the updates made to the USCIS Policy Manual are effective as of March 28, 2016. The guidance contained in the Policy Manual is controlling and supersedes any prior guidance. Policy Highlights  Updates the definition of a Class A condition, to include failure to present documentation of having received vaccinations against vaccine pre","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-vwp-electronic-passport-20160401","countryCode":"US","country":"United States","title":"Electronic passports required for Visa Waiver Program travel","policyEffect":"From April 1, 2016, nationals of Visa Waiver Program countries were required to possess an electronic passport to travel under the programme. A traveller without an electronic passport needed a valid nonimmigrant visa instead.","operativeDate":"2016-04-01","year":2016,"affectedGroup":"Nationals of vwp countries seeking to travel under the visa waiver program","materialConditionsAndExceptions":"Validated condition or limit: From April 1, 2016, nationals of Visa Waiver Program countries were required to possess an electronic passport to travel under the programme.","policyCategory":"Migration policy","policyTool":"","sourceName":"U.S. Customs and Border Protection","sourceUrl":"https://www.cbp.gov/travel/international-visitors/visa-waiver-program/visa-waiver-program-improvement-and-terrorist-travel-prevention-act-faq","preciseCitation":"","evidencePassage":"meet one of the new eligibility requirements established by the Act, you are ineligible for travel and admission to the United States under the VWP. You will be required to obtain a nonimmigrant visa. Waivers for a respondent’s travel history will not be adjudicated at the border through the I-94W. Are there new passport requirements for travel to the United States under the VWP? Yes. Effective April 1, 2016, all VWP country nationals must possess an electronic passport to travel to the United States under the VWP. If not in possession of an electronic passport, a valid nonimmigrant visa is r","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-e6b7dce16f01ff003ad4","countryCode":"US","country":"United States","title":"Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students","policyEffect":"Amends F-1 nonimmigrant student visa regulations to allow STEM students on OPT to extend their work authorization period by 24 months, replacing the previous 17-month extension, and adds requirements for formal training plans.","operativeDate":"2016-05-10","year":2016,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Work authorization","policyTool":"Eligibility","sourceName":"govinfo.gov","sourceUrl":"https://govinfo.gov/app/details/FR-2016-03-11/2016-04828","preciseCitation":"govinfo.gov. Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students.; 81 FR 13040; 8 CFR Parts 214 and 274a (March 11, 2016)","evidencePassage":"Specifically, the final rule allows such F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension). This 24-month extension effectively replaces the 17-month STEM OPT extension previously available to certain STEM students.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-0a36a8d22170f577e448","countryCode":"US","country":"United States","title":"BIA Precedent Matter of M-H-Z- (No Duress Exception to Material Support Bar)","policyEffect":"Establishes binding nationwide precedent that the INA section 212(a)(3)(B)(iv)(VI) material support bar to asylum and withholding of removal contains no implied exception for support provided under duress or coercion. Phase scope: Immediate nationwide application across EOIR and DHS adjudications.","operativeDate":"2016-06-09","year":2016,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Establishes binding nationwide precedent that the INA section 212(a)(3)(B)(iv)(VI) material support bar to asylum and withholding of removal contains no implied exception for support provided under duress or coercion.","policyCategory":"Asylum or protection","policyTool":"Legal interpretation","sourceName":"justice.gov","sourceUrl":"https://justice.gov/eoir/file/865856/dl?inline=","preciseCitation":"Matter of M-H-Z-, 26 I&N Dec. 757 (BIA 2016)","evidencePassage":"Cite as 26 I&N Dec. 757 (BIA 2016) Interim Decision #3864 Matter of M-H-Z-, Respondent Decided June 9, 2016 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals The “material support bar” in section 212(a)(3)(B)(iv)(VI) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(3)(B)(iv)(VI) (2012), does not include an implied exception for an alien who has provided material support to a terrorist organization under duress. FOR RESPONDENT: Anne Pilsbury, Esquire, Brooklyn, New York FOR THE DEPARTMENT OF HOMELAND SECURITY: Anne Gannon, Senior Attorney … iv)(VI) of the Act, 8 U.S.C. § 1182(a)(3)(B)(iv)(VI) (2012), includes an implied exception for an alien who has provided material support to a terrorist organization under duress. III. ANALYSIS The respondent has not challenged the Immigration Judge’s factual findings regarding the circumstances surrounding her support to the FARC, but she argues that she was not accountable for her actions because she was under duress, namely the threat of death. She therefore asserts that she should be exempt from the provisions of the “material support bar.” We disagree. Section 212(a)(3)(B)(iv)(VI) of the Act … and is barred from 1 The DHS has not appealed that determination by the Immigration Judge. 759 Cite as 26 I&N Dec. 757 (BIA 2016) Interim Decision #3864 establishing eligibility for asylum and for withholding of removal under the Act and the Convention Against Torture. Sections 208(b)(2)(A)(v), 241(b)(3)(B)(iv) of the Act; 8 C.F.R. § 1208.16(d)(2); see also Matter of S-K-, 24 I&N Dec. 289, 290 (A.G. 2007; BIA 2006). Thus, under these provisions, any alien who has provided material support to a terrorist organization is subject to the “material support bar.” Ay v. Holder, 743 F.3d 317, 319 (2d Cir … duress does not excuse the majority of acts listed in the definition of ‘terrorist activity,’” such as murder). In drafting the terrorism bar for providing material support, Congress gave no indication that it intended to narrow the statutory definition by including an implied exception for duress or coercion. See Matter of S-K-, 23 I&N Dec. at 941 (finding that “Congress intentionally drafted the terrorist bars to relief very broadly, . . . and it did not intend to give us discretion to create exceptions”). Accordingly, we hold that the material support bar in section 212(a)(3)(B)(iv)(VI) of the … Act includes no exception for duress. See Sesay, 787 F.3d at 224 (“To read the statute in any other way . . . would contravene unambiguous legislative intent.”). Therefore, absent a waiver, an alien who affords material support to a terrorist organization is inadmissible and statutorily barred from establishing eligibility for asylum and for withholding of removal under the Act and the Convention Against Torture, even if such support was provided under duress. The Second Circuit has affirmed our determination that the respondent “provided material support to a terrorist organization” based on","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-0d9abbc51952944ab623","countryCode":"US","country":"United States","title":"Extension of TPS and Employment Authorization for Honduras and Nicaragua","policyEffect":"Extends the Temporary Protected Status designation and associated Employment Authorization Documents for beneficiaries from Honduras and Nicaragua for 18 months, from July 6, 2016, through January 5, 2018. Phase scope: Effective July 6, 2016 through January 5, 2018; automatic EAD extension through January 5, 2017.","operativeDate":"2016-07-06","year":2016,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Asylum or protection","policyTool":"Eligibility","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://uscis.gov/i-9-central/form-i-9-related-news/policy-related-news-archive/tps-designation-eads-extended-for-honduras-and-nicaragua","preciseCitation":"USCIS Policy-Related News, TPS Designation, EADs Extended for Honduras and Nicaragua","evidencePassage":"The Secretary of the Department of Homeland Security (DHS) has extended the Temporary Protected Status (TPS) designation for Honduras and Nicaragua for 18 months, from July 6, 2016 through January 5, 2018. The extension allows current TPS beneficiaries of Honduras and Nicaragua to re-register for TPS in accordance with the Federal Register notice. DHS has also automatically extended the validity of Employment Authorization Documents issued under the TPS designation of Honduras and Nicaragua for six months, through January 5, 2017.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-06c0147b5c351d900774","countryCode":"US","country":"United States","title":"Expansion of Provisional Unlawful Presence Waivers of Inadmissibility","policyEffect":"The final rule expands eligibility for provisional unlawful presence waivers to all individuals statutorily eligible for an unlawful presence waiver who are seeking an immigrant visa, including relatives of lawful permanent residents.","operativeDate":"2016-08-29","year":2016,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: The final rule expands eligibility for provisional unlawful presence waivers to all individuals statutorily eligible for an unlawful presence waiver who are seeking an immigrant visa, including relatives of lawful permanent residents.","policyCategory":"Admission","policyTool":"Eligibility","sourceName":"govinfo.gov","sourceUrl":"https://govinfo.gov/app/details/FR-2016-07-29/2016-17934","preciseCitation":"govinfo.gov. Expansion of Provisional Unlawful Presence Waivers of Inadmissibility.; 81 FR 50244; 8 CFR Part 212 (July 29, 2016)","evidencePassage":"This final rule is effective August 29, 2016.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-c0ebdb9c4b41e4860387","countryCode":"US","country":"United States","title":"Extension of the Designation of El Salvador for Temporary Protected Status","policyEffect":"The Department of Homeland Security extended the Temporary Protected Status (TPS) designation for El Salvador for 18 months, from September 10, 2016 through March 9, 2018, and automatically extended the validity of related Employment Authorization Documents (EADs) for six months through March 9, 2017. Phase scope: Operative September 10, 2016 through March 9, 2018; automatic EAD validity extended through March 9, 2017.","operativeDate":"2016-09-10","year":2016,"affectedGroup":"Tps beneficiaries / salvadoran nationals","materialConditionsAndExceptions":"","policyCategory":"Humanitarian protection","policyTool":"Temporary relief from removal","sourceName":"E-Verify / U.S. Department of Homeland Security","sourceUrl":"https://e-verify.gov/about-e-verify/whats-new/tps-designation-eads-extended-for-el-salvador","preciseCitation":"e-verify.gov, 'TPS Designation, EADs Extended for El Salvador', Aug. 1, 2016","evidencePassage":"The Secretary of the Department of Homeland Security (DHS) has extended the Temporary Protected Status (TPS) designation for El Salvador for an additional 18 months, from September 10, 2016 through March 9, 2018. The extension allows current TPS beneficiaries of El Salvador to re-register for TPS in accordance with the Federal Register notice. DHS has also automatically extended the validity of Employment Authorization Documents issued under the TPS designation of El Salvador for six months, through March 9, 2017.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-2482bac51dcdcccce04f8f36","countryCode":"US","country":"United States","title":"Automatic 6-month extension of DED-related EADs for eligible Liberians","policyEffect":"DHS automatically extends the validity of DED-related EADs for 6 months, through March 31, 2017, for eligible Liberians covered under Deferred Enforced Departure.","operativeDate":"2016-10-01","year":2016,"affectedGroup":"Liberian nationals (and persons without nationality who last habitually resided in liberia) who are physically present in the united states, have continuously resided in the united states since october 1, 2002, are under a grant of ded as of september 30, 2016, and held temporary protected status (tps) on september 30, 2007, subject to specified exclusions.","materialConditionsAndExceptions":"Validated condition or limit: DHS automatically extends the validity of DED-related EADs for 6 months, through March 31, 2017, for eligible Liberians covered under Deferred Enforced Departure.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2016/09/30/2016-23798.txt","preciseCitation":"","evidencePassage":"through this Notice, DHS also automatically extends the validity of DED-related EADs for 6 months, through March 31, 2017 … The 6-month automatic extension of employment authorization for Liberians who are covered under DED, including the extension of their EADs as specified in this Notice, is effective on October 1, 2016, and expires on March 31, 2017. … The DED extension and the procedures for employment authorization in this Notice apply only to Liberian nationals (and persons without nationality who last habitually resided in Liberia) who: <bullet> Are physically present in the United States; <bullet> Have continuously resided in the United States since October 1, 2002; and <bullet> Are under a grant of DED as of September 30, 2016. … This automatic extension covers EADs issued on the Employment Authorization Document (Form I-766) bearing an expiration date of September 30, 2016. These EADs must also bear the notation ``A-11'' on the face of the card under ``Category.''","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-156aa5711d7400c494ee","countryCode":"US","country":"United States","title":"Syria Temporary Protected Status Redesignation","policyEffect":"DHS redesignated Syria for Temporary Protected Status (TPS), expanding TPS eligibility and work authorization to Syrian nationals and habitual residents continuously residing in the United States since August 1, 2016.","operativeDate":"2016-10-01","year":2016,"affectedGroup":"Syrian nationals and individuals without nationality who last habitually resided in Syria continuously residing in the United States since August 1, 2016","materialConditionsAndExceptions":"Applicants must demonstrate continuous residence in the United States since August 1, 2016, continuous physical presence since October 1, 2016, apply during the 180-day initial registration period (August 1, 2016 through January 30, 2017), and satisfy standard statutory TPS eligibility criteria.","policyCategory":"New pathway","policyTool":"Executive Instrument","sourceName":"govinfo.gov","sourceUrl":"https://govinfo.gov/app/details/FR-2016-08-01/2016-17933","preciseCitation":"81 FR 50533, Aug. 1, 2016","evidencePassage":"The redesignation of Syria allows additional individuals who have been continuously residing in the United States since August 1, 2016 to obtain TPS, if otherwise eligible. The Secretary has determined that an extension of the current designation and a redesignation of Syria for TPS are warranted because the ongoing armed conflict and other extraordinary and temporary conditions that prompted the 2015 TPS redesignation have not only persisted, but have deteriorated, and because the ongoing armed conflict in Syria and other extraordinary and temporary conditions would pose a serious threat to the personal safety of Syrian nationals if they were required to return to their country. Through this Notice, DHS also sets forth procedures necessary for nationals of Syria (or aliens having no nationality who last habitually resided in Syria) either to: (1) Re-register under the extension if they already have TPS and to apply for renewal of their Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS); or, (2) submit an initial registration application under the redesignation and apply for an EAD.","reviewMethod":"Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-deaaa2916252b7417422","countryCode":"US","country":"United States","title":"BIA Binding Precedent on Frivolous Asylum Adjudication and Untimely Applications (Matter of M-S-B-)","policyEffect":"Reaffirms that an untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act when it contains a deliberate material misrepresentation regarding the date of entry.","operativeDate":"2016-12-13","year":2016,"affectedGroup":"Asylum applicants","materialConditionsAndExceptions":"","policyCategory":"Asylum and refugee protection / enforcement and inadmissibility","policyTool":"Binding legal interpretation / precedent decision / frivolousness bar","sourceName":"justice.gov","sourceUrl":"https://www.justice.gov/eoir/page/file/917781/dl?inline=","preciseCitation":"","evidencePassage":"Decided December 13, 2016 … (1) An untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2012). … We hold that, absent contrary controlling authority, a time-barred asylum application may be determined to be frivolous where it contains a deliberate misrepresentation regarding the applicant’s date of entry that is material to the threshold question of the applicant’s eligibility to seek asylum.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-bb110ceb5e9ca1b9e6d7","countryCode":"US","country":"United States","title":"Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers","policyEffect":"The final rule provides benefits to participants in certain employment-based immigrant and nonimmigrant visa programs, including improved ability for U.S. employers to hire and retain high-skilled workers and increasing the ability of those workers to seek promotions, change employers, or pursue other employment options.; The final rule amends regulations related to employment-based visa programs to provide greater stability and job flexibility, including provisions for job portability and employment authorization.","operativeDate":"2017-01-17","year":2017,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Work authorization","policyTool":"Eligibility","sourceName":"govinfo.gov","sourceUrl":"https://govinfo.gov/app/details/FR-2016-11-18/2016-27540","preciseCitation":"govinfo.gov. Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers.; 81 FR 82398","evidencePassage":"This final rule is effective January 17, 2017.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ce3f33ed6be451a05bb7","countryCode":"US","country":"United States","title":"Executive Order 13767: Border Security and Immigration Enforcement Improvements","policyEffect":"Directs executive departments and agencies to deploy all lawful means to secure the southern border, initiate construction of a contiguous physical border wall, assign asylum officers to detention centers at/near the border, end \"catch and release\" practices, expand expedited removal, and expand State and local law enforcement partnerships under INA § 287(g).","operativeDate":"2017-01-25","year":2017,"affectedGroup":"Irregular migrants / border crossers","materialConditionsAndExceptions":"","policyCategory":"Border control / removal / detention / asylum procedure","policyTool":"Physical barriers / mandatory detention / 287(g) agreements","sourceName":"Executive Office of the President / Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2017/01/30/2017-02095/border-security-and-immigration-enforcement-improvements","preciseCitation":"82 FR 8793 (Executive Order 13767)","evidencePassage":"s southern border. Although Federal immigration law provides a robust framework for Federal-State partnership in enforcing our immigration laws--and the Congress has authorized and provided appropriations to secure our borders--the Federal Government has failed to discharge this basic sovereign responsibility. The purpose of this order is to direct executive departments and agencies (agencies) to deploy all lawful means to secure the Nation's southern border, to prevent further illegal immigration into the United States, and to repatriate illegal aliens swiftly, consistently, and humanely. Sec … (a) In accordance with existing law, including the Secure Fence Act and IIRIRA, take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border; (b) Identify and, to the extent permitted by law, allocate all sources of Federal funds for the planning, designing, and constructing of a physical wall along the southern border; (c) Project and develop long-term funding requirements for the wall, including preparing Congressional … appropriate action and allocate all legally available resources to immediately construct, operate, control, or establish contracts to construct, operate, or control facilities to detain aliens at or near the land border with Mexico. (b) The Secretary shall take all appropriate action and allocate all legally available resources to immediately assign asylum officers to immigration detention facilities for the purpose of accepting asylum referrals and conducting credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1225(b)(1)) and applicable regulations and reasonable fear determinations … apprehended for violations of immigration law pending the outcome of their removal proceedings or their removal from the country to the extent permitted by law. The Secretary shall issue new policy guidance to all Department of Homeland Security personnel regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as ``catch and release,'' whereby aliens are routinely released in the United States shortly after their apprehension for violations of immigration law. Sec. 7. Return to Territory. The Secretary shall … States, as well as local officials, for the purpose of preparing to enter into agreements under section 287(g) of the INA (8 U.S.C. 1357(g)). (b) To the extent permitted by law, and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to authorize State and local law enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United … conducted in a manner consistent with the plain language of those provisions. (c) Pursuant to section 235(b)(1)(A)(iii)(I) of the INA, the Secretary shall take appropriate action to apply, in his sole and unreviewable discretion, the provisions of section 235(b)(1)(A)(i) and (ii) of the INA to the aliens designated under section 235(b)(1)(A)(iii)(II). (d) The Secretary shall take appropriate action to ensure that parole authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-c4e6953d9b8246e5900c","countryCode":"US","country":"United States","title":"Executive Order 13768: Enhancing Public Safety in the Interior of the United States","policyEffect":"Broadens interior enforcement priorities to subject all undocumented or removable noncitizens to potential removal enforcement, restricts federal funding eligibility for jurisdictions refusing to comply with 8 U.S.C. 1373 (\"sanctuary jurisdictions\"), directs the establishment of the Victims of Immigration Crime Engagement (VOICE) office, and revokes prior enforcement priority memoranda.","operativeDate":"2017-01-25","year":2017,"affectedGroup":"Undocumented migrants / removable noncitizens","materialConditionsAndExceptions":"Validated condition or limit: Broadens interior enforcement priorities to subject all undocumented or removable noncitizens to potential removal enforcement, restricts federal funding eligibility for jurisdictions refusing to comply with 8 U.S.C.","policyCategory":"Interior enforcement / removal and return","policyTool":"Enforcement priorities / inter-agency sanctions / detainers","sourceName":"Executive Office of the President / Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2017/01/30/2017-02102/enhancing-public-safety-in-the-interior-of-the-united-states","preciseCitation":"82 FR 8799 (Executive Order 13768)","evidencePassage":"States, and the practices of foreign nations that refuse the repatriation of their nationals, are contrary to the national interest. Although Federal immigration law provides a framework for Federal-State partnerships in enforcing our immigration laws to ensure the removal of aliens who have no right to be in the United States, the Federal Government has failed to discharge this basic sovereign responsibility. We cannot faithfully execute the immigration laws of the United States if we exempt classes or categories of removable aliens from potential enforcement. The purpose of this order is to direct executive departments and agencies (agencies) to employ all lawful means to enforce the immigration laws of the United States. Sec. 2 . Policy. It is the policy of the executive branch to: (a) Ensure the faithful execution of the immigration laws of the United States, including the INA, against all removable aliens, consistent with Article II, Section 3 of the United States Constitution and section 3331 of title 5, United States Code; (b) Make use of all available systems and resources to ensure the efficient and faithful execution of the immigration laws of the United States; (c) Ensure … section 2 of this order, I hereby direct agencies to employ all lawful means to ensure the faithful execution of the immigration laws of the United States against all removable aliens. Sec. 5 . Enforcement Priorities. In executing faithfully the immigration laws of the United States, the Secretary of Homeland Security (Secretary) shall prioritize for removal those aliens described by the Congress in sections 212(a)(2), (a)(3), and (a)(6)(C), 235, and 237(a)(2) and (4) of the INA (8 U.S.C. 1182(a)(2), (a)(3), and (a)(6)(C), 1225, and 1227(a)(2) and (4)), as well as removable aliens who: (a) Have been … convicted of any criminal offense; (b) Have been charged with any criminal offense, where such charge has not been resolved; (c) Have committed acts that constitute a chargeable criminal offense; (d) Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency; (e) Have abused any program related to receipt of public benefits; (f) Are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or (g) In the judgment of an immigration officer, otherwise pose a risk … Jurisdictions. It is the policy of the executive branch to ensure, to the fullest extent of the law, that a State, or a political subdivision of a State, shall comply with 8 U.S.C. 1373. (a) In furtherance of this policy, the Attorney General and the Secretary, in their discretion and to the extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary. The Secretary has the authority to designate … actions committed by aliens and any jurisdiction that ignored or otherwise failed to honor any detainers with respect to such aliens. (c) The Director of the Office of Management and Budget is directed to obtain and provide relevant and responsive information on all Federal grant money that currently is received by any sanctuary jurisdiction. Sec. 10 . Review of Previous Immigration Actions and Policies. (a) The Secretary shall immediately take all appropriate action to terminate the Priority Enforcement Program (PEP) described in the memorandum issued by the Secretary on November 20, 2014, and to reinstitute … direct the Director of U.S. Immigration and Customs Enforcement to take all appropriate and lawful action to establish within U.S. Immigration and Customs Enforcement an office to provide proactive, timely, adequate, and professional services to victims of crimes committed by removable aliens and the family members of such victims. This office shall provide quarterly reports studying the effects of the victimization by criminal aliens present in the United States. ( printed page 8802) Sec. 14 . Privacy Act. Agencies shall, to the extent consistent with applicable law, ensure that their privacy","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d2b06afa5ffe46a1a637","countryCode":"US","country":"United States","title":"Executive Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the United States)","policyEffect":"Suspends for 90 days the entry of certain foreign nationals from seven specified countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen).; Executive Order 13769 suspended the entry of nationals from seven specified countries for 90 days and suspended the US Refugee Admissions Program for 120 days.","operativeDate":"2017-01-27","year":2017,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Admission","policyTool":"Eligibility","sourceName":"archives.gov","sourceUrl":"https://trumpwhitehouse.archives.gov/presidential-actions/executive-order-protecting-nation-foreign-terrorist-entry-united-states-2","preciseCitation":"archives.gov. Executive Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the United States).; 82 FR 8977 (Executive Order 13769); wa.gov. Protecting the Nation from Foreign Terrorist Entry into the United States.","evidencePassage":"On January 27, 2017, to implement this policy, I issued Executive Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the United States). (i) Among other actions, Executive Order 13769 suspended for 90 days the entry of certain aliens from seven countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-6d74813b18a7e5b91bdc6000","countryCode":"US","country":"United States","title":"Yemen TPS beneficiaries continuously residing in the U.S.","policyEffect":"Yemen TPS beneficiaries continuously residing in the U.S. since January 4, 2017.","operativeDate":"2017-03-04","year":2017,"affectedGroup":"Yemeni nationals (or aliens having no nationality who last habitually resided in yemen)","materialConditionsAndExceptions":"Recorded validated scope: Temporary Protected Status (TPS).","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2017/01/04/2016-31003/extension-and-redesignation-of-the-republic-of-yemen-for-temporary-protected-status","preciseCitation":"","evidencePassage":"Protected Status TTY--Text Telephone USCIS--U.S. Citizenship and Immigration Services The extension allows TPS beneficiaries to retain TPS through September 3, 2018, so long as they continue to meet the eligibility requirements for TPS. The redesignation of Yemen expands eligibility for TPS to include individuals who have been continuously residing in the United States since January 4, 2017. Previously, only individuals who had been continuously residing in the United States since September 3, 2015, were eligible for TPS under Yemen's designation. The Secretary has determined that an extension of Yemen … months, through September 3, 2017, and explains how TPS beneficiaries and their employers may determine which EADs are automatically extended and their impact on Employment Eligibility Verification (Form I-9) and E-Verify processes. Under the redesignation, individuals who currently do not have TPS may submit an initial application during the 180-day initial registration period that runs from January 4, 2017 through July 3, 2017. In order to receive a grant of TPS, initial applicants under this redesignation must demonstrate that they have continuously resided in the United States since January … States. See INA section 244(c)(1)(A)(ii), 8 U.S.C. 1254a(c)(1)(A)(ii). This discretion permits the Secretary to tailor the ``continuous residence'' date to offer TPS to the group of eligible individuals that the Secretary deems appropriate. The Secretary has determined that the ``continuous residence'' date for applicants for TPS under the redesignation of Yemen shall be January 4, 2017. Initial applicants for TPS under this redesignation must also show they have been ``continuously physically present'' in the United States since March 4, 2017, which is the effective date of the Secretary's redesignation … months from March 4, 2017, through September 3, 2018, and redesignating Yemen for TPS for the same 18- month period. See INA section 244(b)(1)(A) and (C), and (b)(2); 8 U.S.C. 1254a(b)(1)(A) and (C), and (b)(2). I have also determined that to be eligible for TPS under the redesignation, individuals must demonstrate that they have continuously resided in the United States since January 4, 2017. See INA section 244(c)(1)(A)(ii), 8 U.S.C. 1254a(c)(1)(A)(ii). Jeh Charles Johnson, Secretary. I am currently a Yemen TPS beneficiary. What should I do? If you are a current TPS beneficiary whose TPS application","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-1e1cce94b62140465576","countryCode":"US","country":"United States","title":"Rescission of Guidance Memo on H-1B Computer Related Positions (PM-602-0142)","policyEffect":"USCIS issued Policy Memorandum PM-602-0142 rescinding the December 22, 2000 policy guidance, removing the presumption that entry-level computer programmer positions qualify as H-1B specialty occupations without specific evidence establishing complex, specialized requirements. Phase scope: Nationwide for pending and new H-1B petitions involving computer-related occupations","operativeDate":"2017-03-31","year":2017,"affectedGroup":"H-1b employers and computer-related specialty occupation workers","materialConditionsAndExceptions":"","policyCategory":"Work authorization","policyTool":"Adjudication standards","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://uscis.gov/archive/uscis-may-reopen-h-1b-petitions-denied-under-three-rescinded-policy-memos","preciseCitation":"USCIS, Policy Memorandum PM-602-0142 (cited in USCIS Alert, 'USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos', rel. Mar. 12, 2021).","evidencePassage":"decision was based on one or more policies in the rescinded H-1B memoranda below. On June 17, 2020, USCIS issued Policy Memorandum 602-0114, which officially rescinded two prior policy memoranda: HQ 70/6.2.8 (AD 10-24), “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3(g)(16)),” issued, Jan. 8, 2010; and PM-602-0157, “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites,” issued Feb. 22, 2018. On Feb. 3, 2021, USCIS issued Policy Memorandum 602-0142.1, which officially rescinded: PM-602-0142, “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions’,” issued March 31, 2017. Both Policy Memorandum 602-0114 and Policy Memorandum 602-0142.1 state that they apply to “any pending or new [H-1B Petitions], including motions on and appeals of revocations and denials of H-1B classification.” A petitioner may request that USCIS reopen and/or reconsider adverse decisions based on the three rescinded policy memos by properly filing Form I-290B, Notice of Appeal or Motion, accompanied by the appropriate fee. In addition, USCIS has the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-unwed-mother-presence-20170612","countryCode":"US","country":"United States","title":"Citizenship transmission requires longer US presence for unwed mothers","policyEffect":"For children born abroad out of wedlock on or after June 12, 2017 to a US-citizen mother and a foreign-national father, the mother must have been physically present in the United States for at least five years, including at least two after age 14, to transmit citizenship at birth. Following Sessions v. Morales-Santana, this replaced the one-continuous-year requirement, which remained applicable to children born before June 12, 2017.","operativeDate":"2017-06-12","year":2017,"affectedGroup":"Children born abroad out of wedlock to a us-citizen mother and a foreign-national father","materialConditionsAndExceptions":"Validated condition or limit: For children born abroad out of wedlock on or after June 12, 2017 to a US-citizen mother and a foreign-national father, the mother must have been physically present in the United States for at least five years, including at least two after age 14, to transmit citizenship at birth.; Morales-Santana, this replaced the one-continuous-year requirement, which remained applicable to children born before June 12, 2017.","policyCategory":"Citizenship acquisition","policyTool":"Judicial decision reflected in agency guidance","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20180418-AcquisitionOfCitizenship.pdf","preciseCitation":"USCIS Policy Alert PA-2018-01; Sessions v. Morales-Santana","evidencePassage":"of the Policy Manual incorporates and clarifies these requirements and makes corresponding amendments to the pertinent USCIS nationality charts. The guidance contained in the Policy Manual is controlling and supersedes any prior guidance. Policy Highlights • Explains that Sessions v. Morales-Santana applies the physical presence requirement (at least 5 years, of which at least 2 years must be after age 14) in INA 301(g) to all cases involving a child born out of wedlock to one U.S. citizen parent and one foreign national parent outside of the United States on or after June 12, 2017, regardless … of whether the child seeks to derive citizenship from a U.S. citizen mother or U.S. citizen father. • Explains that the U.S. Supreme Court decision in Sessions v. Morales-Santana increases the physical presence requirement (from 1 continuous year to at least 5 years, of which at least 2 years must be after age 14) in INA 309(c) in cases involving a child born out of wedlock outside of the United States to a U.S. citizen mother and a foreign national father on or after June 12, 2017. The physical presence requirement of 1 continuous year in INA 309(c) remains in effect in such cases where the … d’s birth and for the parent to have been physically present in the United States for a certain period of time. 4 On June 12, 2017, the U.S. Supreme Court, in Sessions v. Morales-Santana, held that the different physical presence requirements for an unwed U.S. citizen father and an unwed U.S. citizen mother violated the U.S. Constitution’s equal protection guarantee. 5 In addition, some acquisition of citizenship cases require the U.S. citizen father of a child born out of wedlock outside the United States to provide a written agreement of financial support for the child. 6 Certain requirement","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-e092cb860cdc80148df3","countryCode":"US","country":"United States","title":"Rescission of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”","policyEffect":"The Department of Homeland Security rescinded the 2012 DACA policy and initiated a wind-down process, stopping the acceptance of new initial DACA applications and restricting DACA renewals.","operativeDate":"2017-09-05","year":2017,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Work authorization","policyTool":"Eligibility","sourceName":"U.S. Department of Homeland Security","sourceUrl":"https://dhs.gov/archive/news/2017/09/05/memorandum-rescission-daca","preciseCitation":"U.S. Department of Homeland Security. Rescission of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”.; DHS Memorandum (September 5, 2017); 82 FR 43570","evidencePassage":"Accordingly, effective immediately, the Department: Will adjudicate—on an individual, case-by-case basis—properly filed pending DACA initial requests and associated applications for Employment Authorization Documents that have been accepted by the Department as of the date of this memorandum. Will reject all DACA initial requests and associated applications for Employment Authorization Documents filed after the date of this memorandum.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-43195c0e310b26f0ef86","countryCode":"US","country":"United States","title":"Presidential Determination on Refugee Admissions for Fiscal Year 2018","policyEffect":"Established the statutory ceiling on refugee admissions to the United States at up to 45,000 for Fiscal Year 2018 and set regional quota allocations across Africa, East Asia, Europe and Central Asia, Latin America/Caribbean, and Near East/South Asia. Phase scope: Applies to worldwide refugee admissions processed during FY 2018 (October 1, 2017 – September 30, 2018).","operativeDate":"2017-10-01","year":2017,"affectedGroup":"Refugee applicants worldwide","materialConditionsAndExceptions":"Validated condition or limit: Established the statutory ceiling on refugee admissions to the United States at up to 45,000 for Fiscal Year 2018 and set regional quota allocations across Africa, East Asia, Europe and Central Asia, Latin America/Caribbean, and Near East/South Asia.","policyCategory":"Humanitarian admission / refugee resettlement","policyTool":"Annual refugee quota / regional ceiling determination","sourceName":"The White House / National Archives and Records Administration","sourceUrl":"https://trumpwhitehouse.archives.gov/presidential-actions/presidential-memorandum-secretary-state-4","preciseCitation":"Presidential Determination No. 2017-13 of September 29, 2017","evidencePassage":"vested in me as President by the Constitution and the laws of the United States, in accordance with section 207 of the Immigration and Nationality Act (the “Act”) (8 U.S.C. 1157), after appropriate consultations with the Congress, and consistent with the Report on Proposed Refugee Admissions for Fiscal Year 2018 submitted to the Congress on September 27, 2017, I hereby determine and authorize as follows: The admission of up to 45,000 refugees to the United States during Fiscal Year (FY) 2018 is justified by humanitarian concerns or is otherwise in the national interest. This number includes persons … admitted to the United States during FY 2018 with Federal refugee resettlement assistance under the Amerasian immigrant admissions program, as provided below. The admissions shall be allocated among refugees of special humanitarian concern to the United States in accordance with the following regional allocations: Africa . . . . . . . . . . . . . . . . 19,000 East Asia . . . . . . . . . . . . . . . 5,000 Europe and Central Asia . . . . . . . . 2,000 Latin America/Caribbean . . . . . . . . 1,500 Near East/South Asia . . . . . . . . . 17,500 The number of admissions allocated to the East Asia region … section 2(b)(2) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(b)), I hereby determine that assistance to or on behalf of persons applying for admission to the United States as part of the overseas refugee admissions program will contribute to the foreign policy interests of the United States, and I accordingly designate such persons for this purpose. Consistent with section 101(a)(42) of the Act (8 U.S.C. 1101 (a)(42)), and after appropriate consultation with the Congress, I also specify that, for FY 2018, the following persons may, if otherwise qualified, be considered refugees","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-855de2082db8efbaa7be","countryCode":"US","country":"United States","title":"Matter of G- Inc., Adopted Decision 2017-05","policyEffect":"Adopted an Administrative Appeals Office (AAO) decision as binding nationwide policy guidance establishing a five-prong test to establish eligibility for L-1A and EB-1 classification as a function manager. Phase scope: Binding nationwide on all USCIS officers adjudicating Form I-129 and Form I-140 petitions.","operativeDate":"2017-11-08","year":2017,"affectedGroup":"L1a eb1c applicants","materialConditionsAndExceptions":"Validated condition or limit: Adopted an Administrative Appeals Office (AAO) decision as binding nationwide policy guidance establishing a five-prong test to establish eligibility for L-1A and EB-1 classification as a function manager.","policyCategory":"Legal migration work","policyTool":"Eligibility","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://uscis.gov/laws-and-policy/policy-memoranda?ddt_mon=&ddt_yr=&items_per_page=10&page=1&query=&topic_id%5B0%5D=33659","preciseCitation":"Matter of G- Inc., Adopted Decision 2017-05 (AAO Nov. 8, 2017)","evidencePassage":"Matter of G- Inc. clarifies that, to establish that a beneficiary will be employed in a managerial capacity as a “function manager,” the petitioner must demonstrate that: (1) the function is a clearly defined activity; (2) the function is “essential,” i.e., core to the organization; (3) the beneficiary will primarily manage, as opposed to perform, the function; (4) the beneficiary will act at a senior level within the organizational hierarchy or with respect to the function managed; and (5) the beneficiary will exercise discretion over the function’s day-to-day operations.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-d23e6360a90544279e3e","countryCode":"US","country":"United States","title":"Requirement to Articulate Particular Social Groups Before the Immigration Judge (Matter of W-Y-C- & H-O-B-)","policyEffect":"The Board of Immigration Appeals established binding precedent holding that an applicant seeking asylum or withholding of removal based on membership in a particular social group must clearly indicate on the record before the Immigration Judge the exact delineation of any proposed group, and the BIA generally will not address newly articulated social groups raised for the first time on appeal. Phase scope: Nationwide across all EOIR immigration courts and Board of Immigration Appeals adjudications","operativeDate":"2018-01-19","year":2018,"affectedGroup":"Asylum applicants claiming persecution based on particular social group membership","materialConditionsAndExceptions":"Validated condition or limit: The Board of Immigration Appeals established binding precedent holding that an applicant seeking asylum or withholding of removal based on membership in a particular social group must clearly indicate on the record before the Immigration Judge the exact delineation of any proposed group, and the BIA generally will not address newly articulated social groups raised for the first time on appeal.","policyCategory":"Asylum and refugee protection","policyTool":"Legal interpretation / procedural adjudication rule","sourceName":"U.S. Department of Justice, Executive Office for Immigration Review, Board of Immigration Appeals","sourceUrl":"https://justice.gov/eoir/page/file/1027451/dl?inline=","preciseCitation":"Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018)","evidencePassage":"(1) An applicant seeking asylum or withholding of removal based on membership in a particular social group must clearly indicate on the record before the Immigration Judge the exact delineation of any proposed particular social group. (2) The Board of Immigration Appeals generally will not address a newly articulated particular social group that was not advanced before the Immigration Judge.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-3539ca089bee01a54bef","countryCode":"US","country":"United States","title":"Vacatur of Requirement for Full Evidentiary Hearings in Asylum Claims (Matter of E-F-H-L-)","policyEffect":"The Attorney General referred to himself and vacated the 2014 Board of Immigration Appeals precedent in Matter of E-F-H-L-, eliminating the binding requirement that asylum and withholding of removal applicants are ordinarily entitled to a full evidentiary hearing on the merits before an Immigration Judge without needing to establish a prima facie case on the written application alone. Phase scope: Nationwide across all EOIR Immigration Courts and the Board of Immigration Appeals","operativeDate":"2018-03-05","year":2018,"affectedGroup":"Asylum seekers in removal proceedings","materialConditionsAndExceptions":"Validated condition or limit: The Attorney General referred to himself and vacated the 2014 Board of Immigration Appeals precedent in Matter of E-F-H-L-, eliminating the binding requirement that asylum and withholding of removal applicants are ordinarily entitled to a full evidentiary hearing on the merits before an Immigration Judge without needing to establish a prima facie case on the written application alone.","policyCategory":"Asylum and refugee protection / removal defense","policyTool":"Legal interpretation / binding administrative precedent","sourceName":"U.S. Department of Justice, Office of the Attorney General","sourceUrl":"https://justice.gov/eoir/page/file/1040936/dl","preciseCitation":"Matter of E-F-H-L-, 27 I&N Dec. 226 (A.G. 2018)","evidencePassage":"The presiding Immigration Judge determined, without holding an evidentiary hearing, that the respondent’s application failed as a matter of law to make a prima facie case that he was eligible for asylum and withholding of removal, and he denied the application. The respondent appealed on the merits to the Board. The Board remanded, holding that a respondent applying for asylum and withholding of removal was ordinarily entitled to a full evidentiary hearing.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-78ff8ebe6d90355f9d17","countryCode":"US","country":"United States","title":"Zero-Tolerance Policy for Southwest Border Offenses Under 8 U.S.C. § 1325(a)","policyEffect":"Directs United States Attorney's Offices along the Southwest border to adopt a zero-tolerance prosecution policy for all offenses referred under 8 U.S.C. § 1325(a) for improper entry, superseding previous prosecutorial discretion guidelines. Phase scope: Immediate adoption across all Southwest border judicial districts","operativeDate":"2018-04-06","year":2018,"affectedGroup":"Irregular entrants","materialConditionsAndExceptions":"","policyCategory":"Border enforcement","policyTool":"Enforcement","sourceName":"justice.gov","sourceUrl":"https://justice.gov/archives/opa/press-release/file/1049751/dl","preciseCitation":"U.S. Department of Justice, Office of the Attorney General, Memorandum: Zero-Tolerance for Offenses Under 8 U.S.C. § 1325(a), April 6, 2018","evidencePassage":"States Attorney's Office along the Southwest Border­ to the extent practicable, and in consultation with DHS- to adopt immediately a zero-tolerance policy for all offenses referred for prosecution under section 1325(a). This zero-tolerance policy \" shall supersede any existing policies. If adopting such a policy requires additional resources, each office shall identify and request such additional resources. You are on the front lines of this battle. I respect you and your team. Your dedication and insight into border reality is invaluable. Keep us informed, and don't hesitate to give us suggestions","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-tenant-occupancy-20180515","countryCode":"US","country":"United States","title":"Tenant-occupancy methodology withdrawn for EB-5 job forecasts","policyEffect":"From May 15, 2018, USCIS no longer accepted tenant-occupancy methodology as a reasonable basis for EB-5 regional-center job-creation forecasts. Petitions directly related to projects included in pending or approved applications or petitions at the time of the change remained subject to prior guidance. Deference to previously approved projects remained subject to exceptions for material change, fraud or misrepresentation, or legal deficiency in the prior determination.","operativeDate":"2018-05-15","year":2018,"affectedGroup":"Eb-5 regional-center immigrant investors relying on tenant-occupancy job forecasts","materialConditionsAndExceptions":"Validated condition or limit: Petitions directly related to projects included in pending or approved applications or petitions at the time of the change remained subject to prior guidance.; Deference to previously approved projects remained subject to exceptions for material change, fraud or misrepresentation, or legal deficiency in the prior determination.","policyCategory":"Investor immigration","policyTool":"Administrative adjudication guidance","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20180515-EB5TenantOccupancyMethodology.pdf","preciseCitation":"USCIS Policy Alert PA-2018-03","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director (MS 2000) Washington, DC 20529-2000 May 15, 2018 PA-2018-03 Policy Alert SUBJECT: Rescission of Guidance Regarding Tenant-Occupancy Methodology Purpose U.S. Citizenship and Immigration Services (USCIS) is revising policy guidance in the USCIS Policy Manual to reflect that, as of May 15, 2018, USCIS no longer considers tenant occupancy to be a reasonable methodology to support economically or statistically valid forecasting tools. Background Foreign nationals may seek an immigrant visa under the regional center program to comply w … ith the job creation requirement under section 203(b)(5) of the Immigration and Nationality Act (INA) by establishing “reasonable methodologies for determining the number of jobs created by the program, including such jobs which are estimated to have been created indirectly…” USCIS has determined that tenant-occupancy methodologies result in a connection or nexus between the investment and jobs that is too tenuous. Therefore, USCIS no longer considers this methodology to be reasonable or a valid forecasting tool under the regulations. USCIS will continue to give deference to Form I-526 and For … m I-829 petitions directly related to previously approved projects, absent material change, fraud or misrepresentation, or legal deficiency of the prior determination.1 Except for cases involving deference, this update is controlling and supersedes any prior guidance on this topic. Policy Highlights  Explains that a tenant-occupancy model is not a reasonable methodology because the relationship between the investment and the jobs is too tenuous. Citation Volume 6: Immigrants, Part G, Investors, Chapter 2, Eligibility Requirements [6 USCIS-PM G.2]. 1 Specifically, petitions directly related to … projects included in pending or approved applications or petitions at the time of the policy change will be adjudicated under prior guidance. See USCIS Policy Manual, Volume 6, Immigrants, Part G, Investors, Chapter 6, Deference [6 USCIS-PM G.6].","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-f2bdde708206d49be6b1","countryCode":"US","country":"United States","title":"Matter of Castro-Tum: Restriction on General Administrative Closure Authority","policyEffect":"Overrules Matter of Avetisyan (2012) and Matter of W-Y-U- (2017), holding that immigration judges and the Board of Immigration Appeals lack general authority to suspend immigration proceedings indefinitely through administrative closure, limiting closure strictly to cases where an existing regulation or judicially approved settlement explicitly authorizes it. Phase scope: Applies nationally to all EOIR immigration court and BIA proceedings.","operativeDate":"2018-05-17","year":2018,"affectedGroup":"Noncitizens in removal proceedings","materialConditionsAndExceptions":"","policyCategory":"Enforcement / removal proceedings","policyTool":"Legal interpretation / docket management authority","sourceName":"U.S. Department of Justice, Office of the Attorney General / EOIR","sourceUrl":"https://justice.gov/eoir/page/file/1064086/dl?inline=","preciseCitation":"Matter of CASTRO-TUM, 27 I&N Dec. 271 (A.G. 2018), Interim Decision #3926","evidencePassage":"(1) Immigration judges and the Board do not have the general authority to suspend indefinitely immigration proceedings by administrative closure. To the extent the Board’s decisions in Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), and Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017), are inconsistent with this conclusion, those decisions are overruled. (2) Immigration judges and the Board may only administratively close a case where a previous regulation or a previous judicially approved settlement expressly authorizes such an action.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp4-dbbcbe9df804dc3ea1fa","countryCode":"US","country":"United States","title":"Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), Interim Decision #3929","policyEffect":"The Attorney General issued a binding administrative precedent decision overruling Matter of A-R-C-G- and establishing stricter legal standards for asylum claims based on membership in a particular social group involving persecution by non-governmental actors, requiring applicants to demonstrate that the home government condoned the private actions or demonstrated a complete inability to protect victims.","operativeDate":"2018-06-11","year":2018,"affectedGroup":"Asylum seekers","materialConditionsAndExceptions":"","policyCategory":"Asylum and refugee protection","policyTool":"Legal interpretation","sourceName":"justice.gov","sourceUrl":"https://www.justice.gov/eoir/page/file/1070866/dl?inline=","preciseCitation":"Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018)","evidencePassage":"Cite as 27 I&N Dec. 316 (A.G. 2018) Interim Decision #3929 Matter of A-B-, Respondent Decided by Attorney General June 11, 2018 U.S. Department of Justice Office of the Attorney General (1) Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) is overruled. That decision was wrongly decided and should not have been issued as a precedential decision. (2) An applicant seeking to establish persecution on account of membership in a “particular social group” must demonstrate: (1) membership in a group, which is composed of members who share a common immutable characteristic, is defined with particularity, … and is socially distinct within the society in question; and (2) that membership in the group is a central reason for her persecution. When the alleged persecutor is someone unaffiliated with the government, the applicant must also show that her home government is unwilling or unable to protect her. (3) An asylum applicant has the burden of showing her eligibility for asylum. The applicant must present facts that establish each element of the standard, and the asylum officer, immigration judge, or the Board has the duty to determine whether those facts satisfy all of those elements. (4) If an … asylum application is fatally flawed in one respect, an immigration judge or the Board need not examine the remaining elements of the asylum claim. (5) The mere fact that a country may have problems effectively policing certain crimes or that certain populations are more likely to be victims of crime, cannot itself establish an asylum claim. (6) To be cognizable, a particular social group must exist independently of the harm asserted in an application for asylum. (7) An applicant seeking to establish persecution based on violent conduct of a private actor must show more than the government’s … difficulty controlling private behavior. The applicant must show that the government condoned the private actions or demonstrated an inability to protect the victims. (8) An applicant seeking asylum based on membership in a particular social group must clearly indicate on the record the exact delineation of any proposed particular social group. (9) The Board, immigration judges, and all asylum officers must consider, consistent with the regulations, whether internal relocation in the alien’s home country presents a reasonable alternative before granting asylum. 316 Cite as 27 I&N Dec. 316 (A.G … distinct group that exists independently of the alleged underlying harm, demonstrate that their persecutors harmed them on account of their membership in that group rather than for personal reasons, and establish that the government protection from such harm in their home country is so lacking that their persecutors’ actions can be attributed to the government. Because Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), recognized a new particular social group without correctly applying these standards, I overrule that case and any other Board precedent to the extent those other decisions are inconsistent … membership in that group is a central reason for her persecution; and (3) that the alleged harm is inflicted by the government of her home country or by persons that the government is unwilling or unable to control. See M-E-V-G-, 26 I&N Dec. at 234–44; W-G-R-, 26 I&N Dec. at 209–18, 223–24 & n.8. Furthermore, when the applicant is the victim of private criminal activity, the analysis must also “consider whether government protection is available, internal relocation is possible, and persecution exists countrywide.” M-E-V- G-, 26 I&N Dec. at 243. Generally, claims by aliens pertaining to domestic violence or gang violence perpetrated by non-governmental actors will not qualify for asylum. 1 While I do not decide that violence inflicted by non-governmental actors may never serve as the basis for an asylum or withholding application based on membership in a particular social group, in practice such claims are unlikely to satisfy the statutory grounds for proving group persecution that the government is unable or unwilling to address. The mere fact that a country may have problems effectively policing certain crimes—such as domestic violence or gang violence—or that certain populations","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-0e83e63cc55942f801d8","countryCode":"US","country":"United States","title":"Standards for Continuances to Pursue Collateral Relief in Removal Proceedings (Matter of L-A-B-R-)","policyEffect":"The Attorney General issued a binding precedent decision establishing a multifactor legal standard governing motions for continuances under 8 C.F.R. § 1003.29. The decision limits immigration judges' discretion when a respondent requests a continuance to pursue collateral relief outside immigration court, requiring the adjudicator to focus primarily on the likelihood that the collateral relief will be granted and will materially affect the outcome of the removal proceedings. Phase scope: Nationwide EOIR immigration courts and Board of Immigration Appeals proceedings","operativeDate":"2018-08-16","year":2018,"affectedGroup":"Noncitizens in removal proceedings seeking continuances to await collateral relief","materialConditionsAndExceptions":"","policyCategory":"Removal proceedings / enforcement","policyTool":"Legal interpretation / binding administrative case law","sourceName":"U.S. Department of Justice, Office of the Attorney General","sourceUrl":"https://justice.gov/eoir/page/file/1087781/dl","preciseCitation":"Matter of L-A-B-R- et al., 27 I&N Dec. 405 (A.G. 2018)","evidencePassage":"(1) An immigration judge may grant a motion for a continuance of removal proceedings only “for good cause shown.” 8 C.F.R. § 1003.29. (2) The good-cause standard is a substantive requirement that limits the discretion of immigration judges and prohibits them from granting continuances for any reason or no reason at all. (3) The good-cause standard requires consideration and balancing of multiple relevant factors when a respondent alien requests a continuance to pursue collateral relief from another authority—for example, a visa from the Department of Homeland Security. See Matter of Hashmi, 24 I&N Dec. 785, 790 (BIA 2009). (4) When a respondent requests a continuance to pursue collateral relief, the immigration judge must consider primarily the likelihood that the collateral relief will be granted and will materially affect the outcome of the removal proceedings.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-29db1b0f4744f763bd86","countryCode":"US","country":"United States","title":"Outright Denials Without Request for Evidence (RFE) or Notice of Intent to Deny (NOID) (PM-602-0163)","policyEffect":"USCIS rescinded the 2013 'no possibility of establishing eligibility' constraint, restoring full statutory discretion to adjudicators to deny applications, petitions, and requests for agency action without first issuing an RFE or NOID when required initial evidence is not submitted or the evidence of record fails to establish eligibility. Phase scope: Applies nationally to all affirmative benefit applications, petitions, and requests received on or after September 11, 2018 (excluding DACA adjudications)","operativeDate":"2018-09-11","year":2018,"affectedGroup":"All affirmative immigration benefit petitioners and applicants","materialConditionsAndExceptions":"Validated condition or limit: USCIS rescinded the 2013 'no possibility of establishing eligibility' constraint, restoring full statutory discretion to adjudicators to deny applications, petitions, and requests for agency action without first issuing an RFE or NOID when required initial evidence is not submitted or the evidence of record fails to establish eligibility.; Phase scope: Applies nationally to all affirmative benefit applications, petitions, and requests received on or after September 11, 2018 (excluding DACA adjudications)","policyCategory":"Legal status and benefit adjudications / administration","policyTool":"Adjudication standards / administrative discretion","sourceName":"USCIS Official Policy Guidance / Policy Manual Updates","sourceUrl":"https://uscis.gov/sites/default/files/document/policy-manual-updates/20210609-RFEs%26NOIDs.pdf","preciseCitation":"Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b), PM-602-0163 (USCIS, issued July 13, 2018, effective Sept. 11, 2018); USCIS Policy Alert PA-2021-11","evidencePassage":"determined that there was no possibility that the benefit requestor could overcome a finding of ineligibility by submitting additional evidence. 1 In 2018, USCIS rescinded this “no possibility” policy and issued guidance stating that officers may deny benefit requests for lack of initial evidence without first sending an RFE or NOID. 2 The 2018 policy change resulted in USCIS denying certain benefit requestors an immigration benefit even though they would have demonstrated their eligibility if given a chance to provide additional evidence. These eligible benefit requestors had to have their cases … Requests for Evidence and Notices of Intent to Deny, PM-602-0085, issued June 3, 2013. 2 See Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b), PM-602-0163, issued July 13, 2018. PA-2021-11: Requests for Evidence and Notices of Intent to Deny Page: 2 immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. 3 Policy Highlights • Explains that an officer should generally issue an RFE or NOID if the officer determines there is a possibility the benefit requestor can","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-51e38824ec0a23e9136f","countryCode":"US","country":"United States","title":"Limitation on Immigration Judges' Inherent Authority to Terminate or Dismiss Removal Proceedings (Matter of S-O-G- & F-D-B-)","policyEffect":"The Attorney General issued a binding precedent decision holding that immigration judges have no inherent authority to terminate or dismiss removal proceedings outside the specific grounds expressly identified in governing regulations (8 C.F.R. § 1239.2(c), (f)) or when DHS fails to sustain charges of removability (8 C.F.R. § 1240.12(c)). Phase scope: Nationwide EOIR immigration court proceedings","operativeDate":"2018-09-18","year":2018,"affectedGroup":"Noncitizens in removal proceedings","materialConditionsAndExceptions":"","policyCategory":"Removal proceedings / enforcement","policyTool":"Legal interpretation / binding administrative case law","sourceName":"U.S. Department of Justice, Office of the Attorney General","sourceUrl":"https://justice.gov/eoir/page/file/1095046/dl?inline=","preciseCitation":"Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018)","evidencePassage":"(1) Consistent with Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018), immigration judges have no inherent authority to terminate or dismiss removal proceedings. (2) Immigration judges may dismiss or terminate removal proceedings only under the circumstances expressly identified in the regulations, see 8 C.F.R. § 1239.2(c), (f), or where the Department of Homeland Security fails to sustain the charges of removability against a respondent, see 8 C.F.R. § 1240.12(c). (3) An immigration judge’s general authority to “take any other action consistent with applicable law and regulations as may be appropriate,” 8 C.F.R. § 1240.1(a)(1)(iv), does not provide any additional authority to terminate or dismiss removal proceedings beyond those authorities expressly set out in the relevant regulations.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-217a745fe79a00c2fe0a","countryCode":"US","country":"United States","title":"Expanded Issuance of Notices to Appear (NTAs) for Denied Status-Impacting Applications","policyEffect":"USCIS operationalized guidance authorizing and expanding the issuance of Form I-862 (Notice to Appear) to place individuals in removal proceedings upon the denial of status-impacting applications and petitions where the applicant is not in an authorized period of stay. Phase scope: Phase 1 effective October 1, 2018 covering Form I-485 and Form I-539 denials, followed by humanitarian forms on November 19, 2018","operativeDate":"2018-10-01","year":2018,"affectedGroup":"Denied benefit applicants","materialConditionsAndExceptions":"","policyCategory":"Enforcement and removal","policyTool":"Removal proceedings","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://uscis.gov/archive/notice-to-appear-policy-memorandum","preciseCitation":"USCIS, Policy Memorandum PM-602-0050.1 / Notice to Appear Policy Memorandum, archived guidance updated June 14, 2021","evidencePassage":"NTAs) in Cases Involving Inadmissible and Deportable Aliens; and PM-602-0161 Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) When Processing a Case Involving Information Submitted by a Deferred Action for Childhood Arrivals (DACA) Requestor in Connection with a DACA Request or a DACA-Related Benefit Request (Past or Pending) or Pursuing Termination of DACA. Consistent with the DHS memo, USCIS stopped applying the 2018 Policy Memoranda on Jan. 20, 2021. USCIS will be issuing guidance with additional details and information. Notice to Appear (NTA) policy memorandum (PM) … providing guidance on when USCIS may issue Form I-862, Notice to Appear. An NTA is a document that instructs an individual to appear before an immigration judge. This is the first step in starting removal proceedings against them. Starting Oct. 1, 2018, USCIS may issue NTAs on denied status-impacting applications, including, Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-539, Application to Extend/Change Nonimmigrant Status. Starting Nov. 19, 2018, USCIS may also issue NTAs based on denials of Forms I-914/I-914A, Applications for T Nonimmigrant Status; I-918 … USCIS will send denial letters for status-impacting applications, petitions, and benefit requests that ensure benefit seekers are provided adequate notice when their request for a benefit is denied. If applicants, beneficiaries, or self-petitioners are no longer in a period of authorized stay, and do not depart the United States, USCIS may issue an NTA. USCIS will provide details on how individuals can review information regarding their period of authorized stay, check travel compliance, or validate departure from the United States. If individuals are no longer in a period of authorized stay,","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-67f9e01f01c17b0155b9","countryCode":"US","country":"United States","title":"Presidential Determination on Refugee Admissions for Fiscal Year 2019","policyEffect":"Establishes a maximum worldwide refugee admissions ceiling of up to 30,000 for Fiscal Year 2019 and sets specific regional admission allocations across Africa, East Asia, Europe and Central Asia, Latin America/Caribbean, and Near East/South Asia. Phase scope: Entire nationwide overseas refugee resettlement intake for FY 2019.","operativeDate":"2018-10-04","year":2018,"affectedGroup":"Refugees applying for resettlement admission to the united states","materialConditionsAndExceptions":"Validated condition or limit: Establishes a maximum worldwide refugee admissions ceiling of up to 30,000 for Fiscal Year 2019 and sets specific regional admission allocations across Africa, East Asia, Europe and Central Asia, Latin America/Caribbean, and Near East/South Asia.","policyCategory":"Humanitarian / refugee protection","policyTool":"Quotas / admission ceilings","sourceName":"The White House","sourceUrl":"https://trumpwhitehouse.archives.gov/presidential-actions/presidential-memorandum-secretary-state-13","preciseCitation":"Presidential Memorandum for the Secretary of State, Presidential Determination on Refugee Admissions for Fiscal Year 2019 (October 4, 2018)","evidencePassage":"Constitution and the laws of the United States, in accordance with section 207 of the Immigration and Nationality Act (the “Act”) (8 U.S.C. 1157), after appropriate consultations with the Congress, and consistent with the Report on Proposed Refugee Admissions for Fiscal Year 2019 submitted to the Congress on September 17, 2018, I hereby determine and authorize as follows: The admission of up to 30,000 refugees to the United States during Fiscal Year (FY) 2019 is justified by humanitarian concerns or is otherwise in the national interest. This number includes persons admitted to the United States during FY 2019 with Federal refugee resettlement assistance under the Amerasian immigrant admissions program, as provided below. The admissions shall be allocated among refugees of special humanitarian concern to the United States in accordance with the following regional allocations: Africa . . . . . . . . . . . . . . . . 11,000 East Asia . . . . . . . . . . . . . . . 4,000 Europe and Central Asia . . . . . . . . 3,000 Latin America/Caribbean . . . . . . . . 3,000 Near East/South Asia . . . . . . . . . 9,000 The number of admissions allocated to the East Asia region shall include persons admitted to","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-i693-validity-20181101","countryCode":"US","country":"United States","title":"Medical-report validity recalculated from the civil surgeon signature","policyEffect":"From November 1, 2018, USCIS revised Form I-693 validity rules: the civil surgeon must sign no more than 60 days before the underlying benefit application is filed, and USCIS must adjudicate within two years of the signature. Some forms submitted before November 1 remained subject to the previous validity policy. Officers retained discretion to request updated medical evidence if they had reason to believe medical inadmissibility might exist.","operativeDate":"2018-11-01","year":2018,"affectedGroup":"Applicants submitting form i-693 in support of immigration benefit applications","materialConditionsAndExceptions":"Validated condition or limit: From November 1, 2018, USCIS revised Form I-693 validity rules: the civil surgeon must sign no more than 60 days before the underlying benefit application is filed, and USCIS must adjudicate within two years of the signature.; Some forms submitted before November 1 remained subject to the previous validity policy.","policyCategory":"Health-related admissibility","policyTool":"Medical examination requirements","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20181016-I-693Validity.pdf","preciseCitation":"USCIS Policy Alert PA-2018-09","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director (MS 2000) Washington, DC 20529-2000 October 16, 2018 PA-2018-09 Policy Alert SUBJECT: Validity of Report of Medical Examination and Vaccination Record (Form I-693) Purpose U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in Volume 8, Part B of the USCIS Policy Manual regarding the period of time during which a Form I-693 submitted in support of a related immigration benefits application1 is considered valid. This policy is controlling and supersedes any prior guidance on the topic. Background Form I-6 … 93 is used by USCIS officers in determining whether an applicant for an immigration benefit in the United States is inadmissible under the health-related grounds of inadmissibility.2 USCIS designates civil surgeons in the United States to conduct immigration medical examinations and record the results on Form I-693.3 Federal statutes and regulations do not prescribe the validity period of Form I-693; rather, USCIS historically has established the validity period by policy. USCIS is now updating the way the current maximum 2-year validity period is calculated to enhance operational efficiencies … and reduce the need to request updated Form I-693 from applicants.4 This policy is effective November 1, 2018.5 Policy Highlights  A Form I-693 is valid only when a civil surgeon signs it no more than 60 days before the date an applicant files the application for the underlying immigration benefit; and USCIS adjudicates the application within 2 years from the date of the civil surgeon’s signature. Citation Volume 8: Admissibility, Part B, Health-Related Grounds of Inadmissibility [8 USCIS-PM B]. 1 For example, an Application to Register Permanent Residence or Adjust Status (Form I-485). 2 Se","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-62f9bb8ad17d86dcba14","countryCode":"US","country":"United States","title":"Policy Guidance for Implementation of the Migrant Protection Protocols","policyEffect":"Implementation of the Migrant Protection Protocols (MPP), requiring certain non-Mexican nationals arriving by land from Mexico to be returned to Mexico pending their removal proceedings.","operativeDate":"2019-01-25","year":2019,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Removal or readmission","policyTool":"Enforcement","sourceName":"dhs.gov","sourceUrl":"https://dhs.gov/sites/default/files/publications/19_0129_OPA_migrant-protection-protocols-policy-guidance.pdf","preciseCitation":"dhs.gov. Policy Guidance for Implementation of the Migrant Protection Protocols.; DHS Policy Memorandum / 84 FR 6811","evidencePassage":"Protocols (MPP), will begin implementation of Section 235(b)(2)(C) of the Immigration and Nationality Act (INA) on a large-scale basis to address the migration crisis along our southern border. In 1996, Congress added Section 235(b)(2)(C) to the INA. This statutory authority allows the Secretary of Homeland Security to return certain applicants for admission to the contiguous country from which they are arriving on land (whether or not at a designated port of entry) pending removal proceedings under Section 240 of the INA. Consistent with the MPP, citizens and nationals of countries other than … Mexico (\"third-country nationals\") arriving in the United States by land from Mexico-illegally or without proper documentation-may be returned to Mexico pursuant to Section 235(b)(2)(C) for the duration of their Section 240 removal proceedings. Section 235(b)(2)(C) and the MPP The United States issued the following statement on December 20, 2018, regarding implementation of the Migrant Protection Protocols: [T]he United States will begin the process of implementing Section 235(b)(2)(C) .. . with respect to non-Mexican nationals who may be arriving on land (whether or not at a designated port","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-58a86e5fc26570e9881a","countryCode":"US","country":"United States","title":"H-1B cap selection order changes for the FY2020 season","policyEffect":"USCIS changed the H-1B cap selection order for the FY2020 season beginning April 1, 2019: first select petitions for the regular cap, including eligible advanced-degree beneficiaries, then select from remaining petitions for the advanced-degree exemption. Electronic registration remained suspended for that cap season.","operativeDate":"2019-04-01","year":2019,"affectedGroup":"H-1b cap-subject petitioners and advanced-degree beneficiaries","materialConditionsAndExceptions":"Validated condition or limit: USCIS changed the H-1B cap selection order for the FY2020 season beginning April 1, 2019: first select petitions for the regular cap, including eligible advanced-degree beneficiaries, then select from remaining petitions for the advanced-degree exemption.","policyCategory":"Migration policy","policyTool":"","sourceName":"Government Publishing Office","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2019-01-31/html/2019-00302.htm","preciseCitation":"Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens","evidencePassage":"U.S. Citizenship and Immigration Services (``USCIS'') during a designated registration period, unless the registration requirement is temporarily suspended. USCIS is suspending the registration requirement for the fiscal year 2020 cap season to complete all requisite user testing of the new H-1B registration system and otherwise ensure the system and process are operable. This final rule also changes the process by which USCIS counts H-1B registrations (or petitions, for FY 2020 or any other year in which the registration requirement will be suspended), by first selecting registrations submit … ted on behalf of all beneficiaries, including those eligible for the advanced degree exemption. USCIS will then select from the remaining registrations a sufficient number projected as needed to reach the advanced degree exemption. Changing the order in which USCIS counts these separate allocations will likely increase the number of beneficiaries with a master's or higher degree from a U.S. institution of higher education to be selected for further processing under the H- 1B allocations. USCIS will proceed with implementing this change to the cap allocation selection process for the FY 2020 ca … ss to increase the probability that H-1B visas will be issued, or status otherwise provided, to beneficiaries with master's degrees or higher from U.S. institutions of higher education. DHS is changing the H-1B selection process by first selecting H-1B registrations towards the projected number of petitions needed to meet the 65,000 regular cap limit, which will include all cap-subject beneficiaries, including those with a master's degree or higher from a U.S. institution of higher education. Then USCIS will select registrations that are eligible for the 20,000 advanced degree exemption, which … -subject petition for the applicable fiscal year. In addition, this final rule changes the order in which USCIS selects H-1B beneficiaries who may be counted toward the projected number of petitions needed to reach the H-1B regular cap (65,000) or the H-1B advanced degree exemption allocation (20,000). Under this final rule, USCIS will select registrations (petitions, if the registration requirement is suspended) under the regular cap first, including registrations for beneficiaries eligible for the advanced degree exemption, until the projected number needed to meet the regular cap is reached … , and only then will USCIS select registrations that are eligible for the advanced degree exemption until the projected number needed to meet the advanced degree exemption allocation is reached. This change will likely increase the number of beneficiaries with a master's or higher degree from a U.S. institution of higher education that would be selected. However, this rule does not alter the statutory limitations on the numbers of nonimmigrants who may be issued new H-1B visas or granted initial H-1B status, or who will consequently be admitted into the United States as H-1B nonimmigrants, or … land Security (``DHS'' or ``the Department'') regulations governing petitions filed on behalf of H-1B beneficiaries who may be counted toward the 65,000 visa cap established under the Immigration and Nationality Act (``H-1B regular cap'') or beneficiaries with advanced degrees from U.S. institutions of higher education who are eligible for an exemption from the regular cap (``advanced degree exemption''). The amendments require petitioners seeking to file H-1B petitions subject to the regular cap, including those eligible for the advanced degree exemption, to first electronically register with … are those with master's degrees or higher from U.S. institutions of higher education, towards the projected number needed to reach the advanced degree exemption. This process will allow those petitions with beneficiaries who have a master's degree or higher from U.S. institutions of higher education a greater chance to be selected. 4. Population The population impacted by this rule includes those petitioners who file on behalf of H-1B cap-subject beneficiaries (i.e. beneficiaries who will be subject to the regular cap, and beneficiaries on whose behalf an H-1B petition asserting an advanced d … p season (beginning on April 1, 2019), notwithstanding the delayed implementation of the H- 1B registration requirement. DATES: This final rule is effective April 1, 2019. FOR FURTHER INFORMATION CONTACT: Elizabeth Buten, Adjudications (Policy) Officer, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue NW, Suite 1100, Washington, DC 20529-2140; Telephone (202) 272- 8377. SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary A. Purpose and Summary of the Regulatory Action B. Legal Authority C. Summary o","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp5-64dd66a3d7ea122ac429","countryCode":"US","country":"United States","title":"Mandatory Detention for Aliens Transferred from Expedited Removal Post Credible Fear (Matter of M-S-)","policyEffect":"Overruled Matter of X-K- (2005) and established binding nationwide precedent that aliens transferred from expedited removal proceedings to full INA § 240 removal proceedings after establishing a credible fear of persecution or torture are ineligible for release on bond by an immigration judge and must be detained pending removal proceedings unless granted parole by DHS. Phase scope: Nationwide across EOIR immigration courts and DHS enforcement","operativeDate":"2019-07-15","year":2019,"affectedGroup":"Asylum seekers","materialConditionsAndExceptions":"Validated condition or limit: Overruled Matter of X-K- (2005) and established binding nationwide precedent that aliens transferred from expedited removal proceedings to full INA § 240 removal proceedings after establishing a credible fear of persecution or torture are ineligible for release on bond by an immigration judge and must be detained pending removal proceedings unless granted parole by DHS.","policyCategory":"Detention","policyTool":"Enforcement","sourceName":"U.S. Department of Justice, Office of the Attorney General","sourceUrl":"https://justice.gov/eoir/file/1154747/dl?inline=","preciseCitation":"Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019)","evidencePassage":"Cite as 27 I&N Dec. 509 (A.G. 2019) Interim Decision #3950 Matter of M-S-, Respondent Decided by Attorney General April 16, 2019 U.S. Department of Justice Office of the Attorney General (1) Matter of X-K-, 23 I&N Dec. 731 (BIA 2005), was wrongly decided and is overruled. (2) An alien who is transferred from expedited removal proceedings to full removal proceedings after establishing a credible fear of persecution or torture is ineligible for release on bond. Such an alien must be detained until his removal proceedings conclude, unless he is granted parole. BEFORE THE ATTORNEY GENERAL The Immi … in expedited proceedings and then transferred to full proceedings after establishing a credible fear become eligible for bond upon transfer. I conclude that such aliens remain ineligible for bond, whether they are arriving at the border or are apprehended in the United States. The text of the Act mandates that conclusion. Section 235(b)(1)(B)(ii) provides that, if an alien in expedited proceedings establishes a credible fear, he “shall be detained for further consideration of the application for asylum.” “The word ‘shall’ generally imposes a nondiscretionary duty.” SAS Inst., Inc. v. Iancu, 1 … shed a credible fear, then DHS could terminate his expedited proceedings and initiate full ones, thereby rendering him eligible for bond. And for good reason: DHS’s authority under Matter of E-R-M- & L-R-M- expires once an asylum officer (or immigration judge) makes a final credible-fear determination, at which point the alien “shall be detained” either for further adjudication of his asylum claim or for removal. INA § 235(b)(1)(B)(ii), (b)(1)(B)(iii)(IV). 518 Cite as 27 I&N Dec. 509 (A.G. 2019) Interim Decision #3950 all aliens transferred from expedited to full proceedings after establishing … a credible fear are ineligible for bond. Matter of X-K- is therefore overruled. 8 III. Here, despite the respondent being bond ineligible, the second immigration judge ordered DHS to release him on a bond of $27,000. The respondent posted that bond in September 2018, and was released from custody. I reverse the order granting bond to the respondent. I order that, unless DHS paroles the respondent under section 212(d)(5)(A) of the Act, he must be detained until his removal proceedings conclude. 8 Because Matter of X-K- declared a sizable population of aliens to be eligible for bond, DHS indica … tes that my overruling that decision will have “an immediate and significant impact on [its] detention operations.” DHS Br. 23 n.16. DHS accordingly requests that I delay the effective date of this decision “so that DHS may conduct necessary operational planning.” Id. Federal circuit courts have discretion to delay the effective dates of their decisions, see Fed. R. App. P. 41(b), and I conclude that I have similar discretion. I will delay the effective date of this decision for 90 days so that DHS may conduct the necessary operational planning for additional detention and parole decisions. 51","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-82e63c2c1e64a0200af2","countryCode":"US","country":"United States","title":"Asylum Eligibility and Procedural Modifications for Third-Country Transits","policyEffect":"Establishes a mandatory bar to asylum eligibility for any alien who enters, attempts to enter, or arrives in the United States across the southern land border on or after July 16, 2019, after transiting through at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence en route to the United States, subject to specific exceptions.","operativeDate":"2019-07-16","year":2019,"affectedGroup":"Aliens who enter, attempt to enter, or arrive in the united states across the southern land border on or after july 16, 2019, after transiting through at least one third country en route to the united states.","materialConditionsAndExceptions":"Validated condition or limit: Establishes a mandatory bar to asylum eligibility for any alien who enters, attempts to enter, or arrives in the United States across the southern land border on or after July 16, 2019, after transiting through at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence en route to the United States, subject to specific exceptions.","policyCategory":"Asylum or protection","policyTool":"Eligibility","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2019/07/16/2019-15246.txt","preciseCitation":"","evidencePassage":"any alien who enters, attempts to enter, or arrives in the United States across the southern land border on or after July 16, 2019, after transiting through at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence en route to the United States, shall be found ineligible for asylum … Effective date: This rule is effective July 16, 2019. … any alien who enters, attempts to enter, or arrives in the United States across the southern land border on or after July 16, 2019, after transiting through at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence en route to the United States … (i) The alien demonstrates that he or she applied for protection from persecution or torture in at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States, and the alien received a final judgment denying the alien protection in such country; (ii) The alien demonstrates that he or she satisfies the definition of ``victim of a severe form of trafficking in persons'' provided in 8 CFR 214.11; or (iii) The only countries through which the alien transited en route to the United States were, at the time of the transit, not parties to the 1951 United Nations Convention relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, or the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-2282adcaf3e4d7bb5bdd","countryCode":"US","country":"United States","title":"Designating Aliens for Expedited Removal","policyEffect":"DHS expands the scope of expedited removal nationwide to include aliens who have not been admitted or paroled and cannot show continuous physical presence in the United States for the two-year period immediately preceding the inadmissibility determination.","operativeDate":"2019-07-23","year":2019,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Removal or readmission","policyTool":"Enforcement","sourceName":"govinfo.gov","sourceUrl":"https://govinfo.gov/app/details/FR-2019-07-23/2019-15710","preciseCitation":"govinfo.gov. Designating Aliens for Expedited Removal.; 84 FR 35409","evidencePassage":"This Notice, including the New Designation, is effective on July 23, 2019.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-c8de831377fb4995c1d1db52","countryCode":"US","country":"United States","title":"Replacement immigrant-visa fee relief specified for qualifying adoptive families","policyEffect":"From July 23, 2019, State Department regulations required waiver, or refund on request, of replacement immigrant-visa application fees where the original visa was issued on or after March 27, 2013 to a child adopted, or coming to be adopted, by a U.S. citizen; extraordinary circumstances prevented use of that visa; and the causes were beyond the control of the child and adopting parents. Other visa-replacement requirements continued to apply. This record concerns the regulatory requirements implementing the Adoptive Family Relief Act, which had already authorized relief.","operativeDate":"2019-07-23","year":2019,"affectedGroup":"Qualifying adoptive children and families meeting the original-visa date, extraordinary-circumstances and lack-of-control conditions","materialConditionsAndExceptions":"Validated condition or limit: From July 23, 2019, State Department regulations required waiver, or refund on request, of replacement immigrant-visa application fees where the original visa was issued on or after March 27, 2013 to a child adopted, or coming to be adopted, by a U.S.","policyCategory":"Migration policy","policyTool":"","sourceName":"U.S. Department of State","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2019/07/23/2019-14195.txt","preciseCitation":"","evidencePassage":"of Fees for Consular Services, Department of State and Overseas Embassies and Consulates--Visa Services Fee Changes AGENCY: Department of State. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule is promulgated to implement the Adoptive Family Relief Act (the Act), which allows for the waiver or refund of fees relating to the renewal or replacement of an immigrant visa for certain already-adopted children where the adopted child was unable to use his or her initially issued immigrant visa as a direct result of extraordinary circumstances … Congo home to the United States, and would also provide relief to similarly situated adoptive families should barriers arise in other countries in the future.'' See 161 Cong. Rec. S2796-01. The Department is amending current rules regarding immigrant visa fees found in Sec. Sec. 22.1, 42.71(b) and 42.74 of 22 CFR in order to implement the Act. Thus, the current text of Sec. 42.71(b) will become Sec. 42.71(b)(1) and a new paragraph (b)(2) will set forth the requirements for the waiver or refund of immigrant visa fees for adoptive families who must renew a visa for an adoptive child who, through … no fault of the parent(s) or child, is unable to travel to the United States. If an immigrant visa was issued on or after March 27, 2013 and an adoptive child was unable to use that visa as a direct result of extraordinary circumstances beyond the control of the adoptive child or adoptive parent(s), such as denial of an exit permit, the adoptive child, adoptive parent(s), or their representative may request a waiver or refund of the immigrant visa fee relating to a replacement of such visa. All other visa replacement requirements still apply. This rule also adds this exemption to the Schedule … ------------------------------------------------------------------ * * * * * * * 32. Immigrant Visa Application Processing Fee (per person). * * * * * * * (e) Certain applicants for replacement NO FEE. Immigrant Visas as described in 22 CFR 42.74(b)(2). * * * * * * * ------------------------------------------------------------------------ PART 42--VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED 0 3. The authority citation for part 42 is revised to read as follows: Authority: 8 U.S.C. 1104 and 1182; Pub. L. 105-277, 112 Stat. 2681; Pub. L. 108-449, 118 Stat … as a result of action by the U.S. Government over which the alien had no control and for which the alien was not responsible, which precluded the applicant from benefitting from the processing, or as provided in paragraph (b)(2). (2) Waiver or refund of fees for replacement immigrant visas. The consular officer shall waive the application processing fee for a replacement immigrant visa or, upon request, refund such a fee where already paid, if the consular officer is satisfied that the alien, the alien's parent(s), or the alien's representative has established that: (i) The prior immigrant visa was issued on or after March 27, 2013, to an alien who has been lawfully adopted, or who is coming to the United States to be adopted, by a United States citizen; (ii) The alien was unable to use the original immigrant visa during the period of its validity as a direct result of extraordinary circumstances, including the denial of an exit permit; and (iii) The inability to use the visa was attributable to factors beyond the control of the adopting parent or parents and of the alien. 0 5. Section 42.73 is revised to read as follows: Sec. 42.73 Procedure in issuing visas. (a) Evidence of visa.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-ec6aa936bf0f268ff8da","countryCode":"US","country":"United States","title":"Heightened Particular Social Group Standard for Nuclear Families in Asylum Adjudications (Matter of L-E-A-)","policyEffect":"Overruled prior BIA precedent recognizing the respondent's father's immediate family as a particular social group and held that most nuclear families do not qualify as particular social groups for asylum eligibility unless shown to be socially distinct within the society in question. Phase scope: Nationwide across EOIR and USCIS asylum adjudications","operativeDate":"2019-07-29","year":2019,"affectedGroup":"Asylum seekers","materialConditionsAndExceptions":"Validated condition or limit: Overruled prior BIA precedent recognizing the respondent's father's immediate family as a particular social group and held that most nuclear families do not qualify as particular social groups for asylum eligibility unless shown to be socially distinct within the society in question.","policyCategory":"Asylum or protection","policyTool":"Eligibility","sourceName":"U.S. Department of Justice, Office of the Attorney General","sourceUrl":"https://justice.gov/eoir/page/file/1187856/dl?inline=","preciseCitation":"Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019)","evidencePassage":"(1) In Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017), the Board of Immigration Appeals improperly recognized the respondent’s father’s immediate family as a “particular social group” for purposes of qualifying for asylum under the Immigration and Nationality Act. (2) All asylum applicants seeking to establish membership in a “particular social group,” including groups defined by family or kinship ties, must establish that the group is (1) composed of members who share a common immutable characteristic; (2) defined with particularity; and (3) socially distinct within the society in question. (3) While the Board has recognized certain clans and subclans as “particular social groups,” most nuclear families are not inherently socially distinct and therefore do not qualify as “particular social groups.”","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-b110a7de98b148c0b3ef","countryCode":"US","country":"United States","title":"Adjudication Standards for USCIS Consent and Parental Reunification in Special Immigrant Juvenile Status (Matter of D-Y-S-C-)","policyEffect":"Designated Matter of D-Y-S-C- as an Adopted Decision establishing binding USCIS policy on consent authority in Special Immigrant Juvenile (SIJ) petitions, requiring evidence that court orders were sought to gain relief from parental maltreatment and not primarily for an immigration benefit, and requiring proof of judicial determinations under state law regarding parental reunification viability. Phase scope: Nationwide across all USCIS field offices and service centers","operativeDate":"2019-10-11","year":2019,"affectedGroup":"Vulnerable groups","materialConditionsAndExceptions":"","policyCategory":"Legal protection","policyTool":"Eligibility","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://courts.ca.gov/sites/default/files/courts/default/2024-12/btb25-3k-09.pdf","preciseCitation":"Matter of D-Y-S-C-, Adopted Decision 2019-02 (AAO Oct. 11, 2019); PM-602-0175.1","evidencePassage":"SIJ classification may only be granted upon USCIS' consent to juveniles who meet all other eligibility criteria and establish that they sought the requisite juvenile court or administrative determinations in order to gain relief from parental abuse, neglect, abandonment, or a similar basis under state law, and not primarily to obtain an immigration benefit. USCIS' consent is warranted where petitioners show the juvenile court proceedings granted relief from such parental maltreatment, beyond an order enabling them to file an SIJ petition with USCIS. Matter of D-Y-S-C- also clarifies that to establish they cannot reunify with one or both of their parents due to abuse, neglect, abandonment or a similar basis, juveniles must provide evidence of a judicial determination that they were subjected to such parental maltreatment under state law.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-543959d05904e71dbbdb","countryCode":"US","country":"United States","title":"Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019)","policyEffect":"The Attorney General issued a binding precedent decision establishing a rebuttable presumption that an alien with two or more convictions for driving under the influence (DUI) during the relevant statutory period lacks good moral character under INA § 101(f), presumptively barring eligibility for cancellation of removal under INA § 240A(b).","operativeDate":"2019-10-25","year":2019,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: The Attorney General issued a binding precedent decision establishing a rebuttable presumption that an alien with two or more convictions for driving under the influence (DUI) during the relevant statutory period lacks good moral character under INA § 101(f), presumptively barring eligibility for cancellation of removal under INA § 240A(b).","policyCategory":"Removal or readmission","policyTool":"Eligibility","sourceName":"U.S. Department of Justice Office of the Attorney General / EOIR","sourceUrl":"https://justice.gov/eoir/page/file/1213196/dl?inline=","preciseCitation":"Matter of CASTILLO-PEREZ, 27 I&N Dec. 664 (A.G. 2019)","evidencePassage":"(2) Evidence of two or more convictions for driving under the influence during the relevant period establishes a presumption that an alien lacks good moral character under INA § 101(f), 8 U.S.C. § 1101(f). (3) Because only aliens who possessed good moral character for a 10-year period are eligible for cancellation of removal under section 240A(b) of the INA, 8 U.S.C. § 1229b(b), such evidence also presumptively establishes that the alien’s application for that discretionary relief should be denied.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-8e3aa541d359a44ce9d8","countryCode":"US","country":"United States","title":"Matter of Thomas and Thompson Attorney General Precedent on Sentence Modifications","policyEffect":"Overrules Matter of Cota-Vargas, Matter of Song, and Matter of Estrada to establish that state-court orders altering, modifying, or clarifying a criminal sentence are given effect for immigration purposes only if based on a procedural or substantive defect in the underlying criminal proceeding, and not if based on reasons unrelated to the merits, such as rehabilitation or avoiding immigration consequences. Phase scope: Nationwide across all immigration courts, the Board of Immigration Appeals, and DHS adjudications","operativeDate":"2019-10-25","year":2019,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Overrules Matter of Cota-Vargas, Matter of Song, and Matter of Estrada to establish that state-court orders altering, modifying, or clarifying a criminal sentence are given effect for immigration purposes only if based on a procedural or substantive defect in the underlying criminal proceeding, and not if based on reasons unrelated to the merits, such as rehabilitation or avoiding immigration consequences.","policyCategory":"Removal or readmission","policyTool":"Legal interpretation","sourceName":"U.S. Department of Justice, Office of the Attorney General","sourceUrl":"https://justice.gov/eoir/page/file/1213201/dl","preciseCitation":"Matter of Thomas & Matter of Thompson, 27 I&N Dec. 674 (A.G. 2019)","evidencePassage":"(2) Such state-court orders will be given effect for immigration purposes only if based on a procedural or substantive defect in the underlying criminal proceeding; these orders will have no effect for immigration purposes if based on reasons unrelated to the merits of the underlying criminal proceeding, such as rehabilitation or the avoidance of immigration consequences.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-f6ca1ebbbd9c89eed5bd","countryCode":"US","country":"United States","title":"Presidential Determination on Refugee Admissions for Fiscal Year 2020","policyEffect":"Established the annual refugee admissions ceiling for Fiscal Year 2020 at 18,000, setting specific allocation categories prioritizing religious persecution, certain Iraqi nationals, nationals of El Salvador, Guatemala, or Honduras, and other specific groups. Phase scope: Operative for FY 2020","operativeDate":"2019-11-01","year":2019,"affectedGroup":"Refugees or asylum seekers","materialConditionsAndExceptions":"","policyCategory":"Admission","policyTool":"Quota","sourceName":"The White House / National Archives and Records Administration","sourceUrl":"https://trumpwhitehouse.archives.gov/presidential-actions/presidential-determination-refugee-admissions-fiscal-year-2020","preciseCitation":"Presidential Determination on Refugee Admissions for Fiscal Year 2020, Issued on November 1, 2019","evidencePassage":"Fiscal Year 2020 By the authority vested in me as President by the Constitution and the laws of the United States, in accordance with section 207 of the Immigration and Nationality Act (the “Act”) (8 U.S.C. 1157), after appropriate consultations with the Congress, and consistent with the Report on Proposed Refugee Admissions for Fiscal Year 2020 submitted to the Congress on September 26, 2019, I hereby determine and authorize as follows: The admission of up to 18,000 refugees to the United States during Fiscal Year 2020 is justified by humanitarian concerns or is otherwise in the national interest … arrangement between the United States and Australia; and • those in the United States Refugee Admissions Program who were in “Ready for Departure” status as of September 30, 2019. 7,500 Total refugee admissions ceiling 18,000 Additionally, after consultation with the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General, and upon notification to the appropriate committees of the Congress, you are further authorized to transfer unused admissions from a particular allocation above to one or more other allocations, if such transfer would be in the national","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recall-c9bac021fe38d00b51e1","countryCode":"US","country":"United States","title":"Asylum cooperative-agreement screening and transfer procedures created","policyEffect":"DOJ and DHS published an interim final rule establishing threshold screening procedures in expedited removal and section 240 proceedings to implement bilateral and multilateral Asylum Cooperative Agreements (ACAs), barring individuals subject to an in-force ACA from applying for asylum in the United States and providing for their transfer to an ACA signatory country.","operativeDate":"2019-11-19","year":2019,"affectedGroup":"People in expedited-removal or section 240 proceedings who are subject to an in-force asylum cooperative agreement","materialConditionsAndExceptions":"Validated condition or limit: The screening and transfer procedures applied only where an asylum cooperative agreement was in force and directed covered people to seek protection in the partner state.","policyCategory":"Eligibility","policyTool":"Regulation","sourceName":"govinfo.gov","sourceUrl":"https://govinfo.gov/app/details/FR-2019-11-19/2019-25137","preciseCitation":"84 FR 63994; operative 2019-11-19.","evidencePassage":"tional Archives and Records Administration, Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality Act, GovInfo, (November 19, 2019), https://www.govinfo.gov/app/details/FR-2019-11-19/2019-25137. [Close x](javascript:;) #### 84 FR 63994 - Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality Act - [Summary](javascript:;) - [Document in Context ](javascript:;) - [Related Documents ](javascript:;) #### Publication Title Federal Register Volume 84, Issue 223 (November 19, 2019) #### Category Regulatory Information #### Collection Federal Register #### SuDoc Class Number AE 2.7: GS 4.107: AE 2.106: #### Publisher Office of the Federal Register, National Archives and Records Administration #### Section Rules and Regulations #### Action Interim final rule; request for comment. #### Dates Effective date: This rule is effective November 19, 2019. #### Contact USCIS: Andrew Davidson, Chief, Asylum Division, Refugee Asylum and International Operations, U.S. Citizenship & Immigration Services, 20 Massachusetts Avenue NW, Suite 1100, Washington, DC 20529-2140; Telephone (202) 272-8377 (not a toll-free call). #### Summary The Department of Justice (\"DOJ\") and the Department of Homeland Security (\"DHS\") (collectively, \"the Departments\") are adopting an interim final rule (\"IFR\" or \"rule\") to modify existing regulations to provide for the implementation of Asylum Cooperative Agreements (\"ACAs\") that the United States enters into pursuant to section 208(a)(2)(A) of the Immigration and Nationality Act (\"INA\" or \"Act\"). Because the underlying purpose of section 208(a)(2)(A) is to provide asylum seekers with access to only one of the ACA signatory countries' protection systems, this rule adopts a modified approach to the expedited removal","reviewMethod":"Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-dos-i130-delegation-20200201","countryCode":"US","country":"United States","title":"Advance USCIS permission removed for qualifying consular I-130 filings","policyEffect":"From February 1, 2020, the State Department no longer had to obtain case-specific advance permission from USCIS before accepting and adjudicating qualifying Form I-130 petitions filed abroad. Acceptance remained discretionary and subject to exceptional-circumstance or blanket-authorization criteria, including criteria for certain active-duty military members. This did not make consular filing available for every routine petition.","operativeDate":"2020-02-01","year":2020,"affectedGroup":"Form i-130 petitioners meeting exceptional-circumstance or blanket-authorization criteria for consular filing","materialConditionsAndExceptions":"Validated condition or limit: From February 1, 2020, the State Department no longer had to obtain case-specific advance permission from USCIS before accepting and adjudicating qualifying Form I-130 petitions filed abroad.; Acceptance remained discretionary and subject to exceptional-circumstance or blanket-authorization criteria, including criteria for certain active-duty military members.","policyCategory":"Family immigration","policyTool":"Consular filing delegation","sourceName":"USCIS","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20200131-I-130FiledAbroad.pdf","preciseCitation":"POLICY ALERT - Accepting Petition for Alien Relative (Form I-130) Abroad","evidencePassage":"or parent (if the U.S. citizen is 21 years of age or older) through March 31, 2020. PA-2020-03: Accepting Petition for Alien Relative (Form I-130) Abroad Page: 2 • Removes the requirement that DOS seek and receive case-specific permission from USCIS in advance, and instead explains when DOS may exercise its discretion to accept and adjudicate Forms I-130 filed abroad, and related procedures. • Provides examples of exceptional circumstances, such as medical emergencies, and clarifies blanket authorization criteria, such as for certain active duty military members, that petitioners must meet in … order to warrant DOS’s favorable exercise of discretion to accept and adjudicate Form I-130. Citation Volume 6: Immigrants, Part B, Family-Based Immigrants, Chapter 3, Filing [6 USCIS-PM B.3]. … e process. USCIS encourages all eligible petitioners to utilize online filing. This guidance, contained in Volume 6 of the Policy Manual, is effective February 1, 2020, and applies to petitions filed on or after that date. Once effective, this policy will supersede the guidance found in Chapter 21.12 of the Adjudicator’s Field Manual (AFM), related AFM appendices, and related policy memoranda. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Clarifies that USCIS will, generally, no longer accept and adjudicat","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-overseas-i130-20200201","countryCode":"US","country":"United States","title":"Routine I-130 processing ends at most USCIS international offices","policyEffect":"For petitions filed on or after February 1, 2020, USCIS generally stopped accepting and adjudicating routine Form I-130 petitions at its remaining international offices. Accra and London continued through March 31, 2020 to accept petitions from US citizens residing in the respective country for a spouse, unmarried child under 21, or parent where the citizen petitioner was at least 21. Other filing options remained available, including online filing and qualifying local filings with the State Department.","operativeDate":"2020-02-01","year":2020,"affectedGroup":"Us-citizen and other eligible form i-130 petitioners seeking overseas uscis filing","materialConditionsAndExceptions":"Validated condition or limit: For petitions filed on or after February 1, 2020, USCIS generally stopped accepting and adjudicating routine Form I-130 petitions at its remaining international offices.; Accra and London continued through March 31, 2020 to accept petitions from US citizens residing in the respective country for a spouse, unmarried child under 21, or parent where the citizen petitioner was at least 21.","policyCategory":"Family immigration","policyTool":"Overseas petition processing","sourceName":"USCIS","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20200131-I-130FiledAbroad.pdf","preciseCitation":"POLICY ALERT - Accepting Petition for Alien Relative (Form I-130) Abroad","evidencePassage":"e process. USCIS encourages all eligible petitioners to utilize online filing. This guidance, contained in Volume 6 of the Policy Manual, is effective February 1, 2020, and applies to petitions filed on or after that date. Once effective, this policy will supersede the guidance found in Chapter 21.12 of the Adjudicator’s Field Manual (AFM), related AFM appendices, and related policy memoranda. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Clarifies that USCIS will, generally, no longer accept and adjudicat … e routine Form I-130 petitions at its remaining international offices, as of February 1, 2020, 2 and outlines filing options, including the new Form I-130 online filing. 1 See Process for Responding to Requests by the Department of State (DOS) to Accept a Locally Filed Form I-130, Petition for Alien Relative, PM-602-0043.1, issued May 14, 2012. 2 However, the USCIS offices in Accra, Ghana and London, United Kingdom will continue to accept and adjudicate Form I-130 petitions filed by U.S. citizens residing in-country who are filing on behalf of their spouse, unmarried child under the age of 21, … or parent (if the U.S. citizen is 21 years of age or older) through March 31, 2020. PA-2020-03: Accepting Petition for Alien Relative (Form I-130) Abroad Page: 2 • Removes the requirement that DOS seek and receive case-specific permission from USCIS in advance, and instead explains when DOS may exercise its discretion to accept and adjudicate Forms I-130 filed abroad, and related procedures. • Provides examples of exceptional circumstances, such as medical emergencies, and clarifies blanket authorization criteria, such as for certain active duty military members, that petitioners must meet in","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"screening-b7817ff79d63d8745cb2","countryCode":"US","country":"United States","title":"Suspension of Entry for Aliens Physically Present in China","policyEffect":"The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.","operativeDate":"2020-02-02","year":2020,"affectedGroup":"All aliens who were physically present within the people's republic of china, excluding the special administrative regions of hong kong and macau, during the 14-day period preceding their entry or attempted entry into the united states","materialConditionsAndExceptions":"Validated condition or limit: The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.","policyCategory":"Migration policy","policyTool":"","sourceName":"Government Publishing Office","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2020-02-05/html/2020-02424.htm","preciseCitation":"Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk","evidencePassage":"be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of t … nces warrant and no more than 15 days after the date of this order and every 15 days thereafter, recommend that the President continue, modify, or terminate this proclamation. Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on February 2, 2020. Sec. 7. Severability. It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States. Accordingly: [[Page 6712]] (a) if any provision of this proclamation, or the application of a","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-53fca329c8cbd6fe13d9","countryCode":"US","country":"United States","title":"Proclamation 9983 expands travel restrictions to six additional countries","policyEffect":"The President expanded country-specific entry restrictions to certain nationals of Myanmar, Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania, primarily affecting immigrant visas and diversity visas.","operativeDate":"2020-02-21","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Family, residence, other","policyTool":"Entry exit","sourceName":"White House archive, Proclamation, January 31, 2020","sourceUrl":"https://trumpwhitehouse.archives.gov/presidential-actions/proclamation-improving-enhanced-vetting-capabilities-processes-detecting-attempted-entry","preciseCitation":"White House archive, Proclamation, January 31, 2020. Proclamation 9983 expands travel restrictions to six additional countries. Effective 2020-02-21.","evidencePassage":"United States Government to correct their outstanding deficiencies, and the United States believes progress is imminent for several countries and underway for others. For these reasons, these countries will be given an opportunity to show specific improvements in their deficiencies within the next 180 days. Consistent with recommendations contained in the January 2020 proposal, I have decided to leave unaltered the existing entry restrictions imposed by Proclamation 9645, as amended by Proclamation 9723, and to impose tailored entry restrictions and limitations on nationals from six additional … countries. I have decided not to impose any nonimmigrant visa restrictions for the newly identified countries, which substantially reduces the number of people affected by the proposed restrictions. Like the seven countries that continue to face travel restrictions pursuant to Proclamation 9645, the six additional countries recommended for restrictions in the January 2020 proposal are among the worst performing in the world. However, there are prospects for near-term improvement for these six countries. Each has a functioning government and each maintains productive relations with the United States. Most of the newly identified countries have expressed a willingness to work with the United States to address their deficiencies, although it may take some time to identify and implement specific solutions to resolve the deficiencies. Consistent with the January 2020 proposal, I have prioritized restricting immigrant visa travel over nonimmigrant visa travel because of the challenges of removing an individual in the United States who was admitted with an immigrant visa if, after admission to the United States, the individual is discovered to have terrorist connections, criminal ties, or … of Diversity Immigrants, as described in section 203(c) of the INA, 8 U.S.C. 1153(c). Such a suspension represents a less severe limit compared to a general restriction on immigrant visas, given the significantly fewer number of aliens affected. The Acting Secretary of Homeland Security considers foreign-government-supplied information especially important for screening and vetting the Diversity Visa population in comparison to other immigrant visa applicants, and I agree with that assessment. In many cases, the United States Government may not have the same amount of information about Diversity … would be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: Section 1. Suspension of Entry for Nationals of Countries of Identified Concern. The entry into the United States of nationals of the following countries is hereby suspended and limited, as follows, subject to section 2 of this proclamation. (a) The entry suspensions and limitations enacted by section 2 of Proclamation 9645 are not altered by this proclamation, and they remain in force by their terms, … immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended. (c) Eritrea (i) Eritrea does not comply with the established identity-management and information-sharing criteria assessed by the performance metrics. Eritrea does not issue electronic passports or adequately share several types of information, including public-safety and terrorism-related information, that are necessary for the protection of the national security and public safety of the United States. Further, Eritrea is currently subject to several … sharing criteria. (ii) The entry into the United States of nationals of Eritrea as immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended. (d) Kyrgyzstan (i) Kyrgyzstan does not comply with the established identity-management and information-sharing criteria assessed by the performance metrics. Kyrgyzstan does not issue electronic passports or adequately share several types of information, including public-safety and terrorism-related information, that are necessary for the protection of the national security and public safety of the United States. Kyrgyzstan also presents an elevated risk, relative to other countries in the world, of terrorist travel to the United States, though it has been responsive to United States diplomatic engagement on the need to make improvements. (ii) The entry into the United States of nationals of Kyrgyzstan as immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended. (e) Nigeria (i) Nigeria does not comply with the established identity-management and information-sharing … invalidates lost and stolen passports and fraudulently obtained travel documents. Because Sudan performed somewhat better than the countries listed earlier in this proclamation and is making important reforms to its system of government, different travel restrictions are warranted. (ii) The entry into the United States of nationals of Sudan as Diversity Immigrants, as described in section 203(c) of the INA, 8 U.S.C. 1153(c), is hereby suspended. (g) Tanzania (i) Tanzania does not comply with the established identity-management and information-sharing criteria assessed by the performance metrics. Tanzania","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-6ea37e322da170a3be0a","countryCode":"US","country":"United States","title":"Nationwide Implementation of the Inadmissibility on Public Charge Grounds Final Rule","policyEffect":"Implemented new regulatory standards and procedures defining a 'public charge' as a noncitizen who receives one or more specified public benefits for more than 12 months in the aggregate within any 36-month period, requiring Form I-944 (Declaration of Self-Sufficiency) and totality-of-circumstances evaluation criteria for adjustment of status applications. Phase scope: Nationwide implementation for applications postmarked on or after Feb 24, 2020","operativeDate":"2020-02-24","year":2020,"affectedGroup":"Noncitizens applying for adjustment of status and certain nonimmigrant extensions/changes of status","materialConditionsAndExceptions":"Validated condition or limit: Implemented new regulatory standards and procedures defining a 'public charge' as a noncitizen who receives one or more specified public benefits for more than 12 months in the aggregate within any 36-month period, requiring Form I-944 (Declaration of Self-Sufficiency) and totality-of-circumstances evaluation criteria for adjustment of status applications.; Phase scope: Nationwide implementation for applications postmarked on or after Feb 24, 2020","policyCategory":"Permanent residence / adjustment of status / admissibility","policyTool":"Inadmissibility screening / eligibility requirements","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://uscis.gov/policy-manual/volume-8-part-g","preciseCitation":"USCIS Policy Manual Update / Federal Register Implementation, Inadmissibility on Public Charge Grounds, 84 FR 41292 (implemented Feb. 24, 2020).","evidencePassage":"For more information about how USCIS is applying the public charge ground of inadmissibility, see the Public Charge Resources webpage. Affected Sections 8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility Technical Update - Replacing the Term “Alien” May 11, 2021 This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”]. Affected Sections 1 USCIS-PM - Volume 1 - General Policies and Procedures 2 USCIS-PM - Volume 2 - Nonimmigrants 6 USCIS-PM - Volume 6 - Immigrants 7 USCIS-PM - Volume 7 - Adjustment of Status 8 USCIS-PM - Volume 8 - Admissibility 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief 10 USCIS-PM - Volume 10 - Employment Authorization 11 USCIS-PM - Volume 11 - Travel and Identity Documents 12 USCIS-PM - Volume 12 - Citizenship and Naturalization Technical Update - Removing Guidance on Inadmissibility on Public Charge Grounds March 10, 2021 This technical update removes the guidance in Volume 2, Part A, Chapter 4, Volume 8, Part G, and Volume 12, Part D, Chapter 2 relating to the administration of the public charge ground of inadmissibility under the Inadmissibility on Public Charge Grounds final rule, 84 FR 41292 (Aug.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-46ee2b13ddbbecd423e8","countryCode":"US","country":"United States","title":"Implementation of the H-1B Electronic Registration Process","policyEffect":"Introduced a mandatory electronic registration process for the H-1B cap. Instead of submitting full paper petitions upfront, employers were required to register online and pay a $10 fee per beneficiary.","operativeDate":"2020-03-01","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Instead of submitting full paper petitions upfront, employers were required to register online and pay a $10 fee per beneficiary.","policyCategory":"Work","policyTool":"Other","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/archive/uscis-announces-implementation-of-h-1b-electronic-registration-process-for-fiscal-year-2021-cap","preciseCitation":"www.uscis.gov. Implementation of the H-1B Electronic Registration Process. Effective 2020-03-01.","evidencePassage":"Employers seeking to file H-1B cap-subject petitions for the fiscal year 2021 cap, including those eligible for the advanced degree exemption, must first electronically register and pay the associated $10 H-1B registration fee.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"screening-2c7b73d769495f158bf2","countryCode":"US","country":"United States","title":"Suspension of Entry for Individuals Present in Iran","policyEffect":"The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.","operativeDate":"2020-03-02","year":2020,"affectedGroup":"All aliens who were physically present within the islamic republic of iran during the 14-day period preceding their entry or attempted entry into the united states","materialConditionsAndExceptions":"Validated condition or limit: The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.","policyCategory":"Migration policy","policyTool":"","sourceName":"Government Publishing Office","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2020-03-04/html/2020-04595.htm","preciseCitation":"Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus","evidencePassage":"proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation. Sec. 2. Scope of Suspension and Limitati … by the virus.'' Sec. 5. Termination. This proclamation shall remain in effect until terminated by the President. Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on March 2, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 5:00 p.m. eastern standard time on March 2, 2020. Sec. 7. Severability. It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"screening-829be5df9ae9f8cbff42","countryCode":"US","country":"United States","title":"Suspension of Entry for Persons Present in the Schengen Area","policyEffect":"Suspension and limitation on the entry of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States, subject to specific exceptions.","operativeDate":"2020-03-13","year":2020,"affectedGroup":"All aliens physically present within the schengen area (austria, belgium, czech republic, denmark, estonia, finland, france, germany, greece, hungary, iceland, italy, latvia, liechtenstein, lithuania, luxembourg, malta, netherlands, norway, poland, portugal, slovakia, slovenia, spain, sweden, and switzerland) within the 14 days preceding attempted u.s. entry.","materialConditionsAndExceptions":"Validated condition or limit: Suspension and limitation on the entry of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States, subject to specific exceptions.","policyCategory":"Migration policy","policyTool":"","sourceName":"Government Publishing Office","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2020-03-16/html/2020-05578.htm","preciseCitation":"Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus","evidencePassage":"n 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation. Sec. 2. Scope of Suspension and Limitation on Entry. (a) Section 1 of this proclamation shall not apply to: (i) any lawful permanent resident of the United States; (ii) any alien who is the spouse of a U.S. citizen or lawful permanent resident; (iii) any alien w … sustained human-to-human transmission of the virus occurred in the United States on a large scale. Sustained human-to-human transmission has the potential to cause cascading public health, economic, national security, and societal consequences. The World Health Organization has determined that multiple countries within the Schengen Area are experiencing sustained person-to-person transmission of SARS-CoV-2. For purposes of this proclamation, the Schengen Area comprises 26 European states: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, It … aly, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. The Schengen Area currently has the largest number of confirmed COVID-19 cases outside of the People's Republic of China. As of March 11, 2020, the number of cases in the 26 Schengen Area countries is 17,442, with 711 deaths, and shows high continuous growth in infection rates. In total, as of March 9, 2020, the Schengen Area has exported 201 COVID-19 cases to 53 countries. Moreover, the free flow of people between the Schengen Area countries make … the Department of Homeland Security. Sec. 4. Termination. This proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services shall recommend that the President continue, modify, or terminate this proclamation as described in section 5 of Proclamation 9984, as amended. Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on March 13, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on March 13","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"screening-25b7d6376391e1c9bbe2","countryCode":"US","country":"United States","title":"Suspension of entry for aliens physically present in the United Kingdom or the Republic of Ireland","policyEffect":"The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland during the 14-day period preceding their entry or attempted entry into the United States is suspended and limited, subject to specific exceptions.","operativeDate":"2020-03-16","year":2020,"affectedGroup":"All aliens who were physically present within the united kingdom, excluding overseas territories outside of europe, or the republic of ireland during the 14-day period preceding their entry or attempted entry into the united states.","materialConditionsAndExceptions":"Validated condition or limit: The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland during the 14-day period preceding their entry or attempted entry into the United States is suspended and limited, subject to specific exceptions.","policyCategory":"Migration policy","policyTool":"","sourceName":"Government Publishing Office","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2020-03-18/html/2020-05797.htm","preciseCitation":"Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus","evidencePassage":"cept as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland during the 14-day period preceding their entry or attempted entry into the United States is her … ribed in section 5 of Proclamation 9984, as amended. Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on March 16, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on March 16, 2020. [[Page 15344]] Sec. 6. Severability. It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States. Accordingly: (a) if any pr","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-d9da20fa47c7f29a3054001e","countryCode":"US","country":"United States","title":"Somalia TPS designation extended through September 17, 2021","policyEffect":"The Department of Homeland Security extends the designation of Somalia for Temporary Protected Status (TPS) for 18 months, from March 18, 2020, through September 17, 2021. The 60-day re-registration period runs from March 11, 2020 through May 11, 2020. Existing EADs previously issued under the TPS designation of Somalia with a March 17, 2020 expiration date and A-12 or C-19 category code are automatically extended for 180 days through September 13, 2020.","operativeDate":"2020-03-18","year":2020,"affectedGroup":"Nationals of somalia (or aliens having no nationality who last habitually resided in somalia)","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2020/03/11/2020-04976.txt","preciseCitation":"","evidencePassage":"Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Somalia for Temporary Protected Status (TPS) for 18 months, from March 18, 2020, through September 17, 2021. … The 18-month extension of the TPS designation of Somalia is effective March 18, 2020, and will remain in effect through September 17, 2021. … The 60-day re-registration period runs from March 11, 2020 through May 11, 2020. … Therefore, TPS beneficiaries who have EADs with: (1) A March 17, 2020 expiration date and (2) an A-12 or C-19 category code, can show these EADs as proof of continued employment authorization through September 13, 2020.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-52139d65a09c7ef1b408","countryCode":"US","country":"United States","title":"CDC Title 42 Public Health Border Suspension Order","policyEffect":"Suspended the introduction of certain persons traveling from Canada or Mexico who would otherwise be held in congregate settings at land ports of entry or border patrol stations without proper travel documents.","operativeDate":"2020-03-20","year":2020,"affectedGroup":"Irregular migrants / asylum seekers lacking valid documents","materialConditionsAndExceptions":"","policyCategory":"Border control","policyTool":"Border expulsion / entry denial","sourceName":"Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS)","sourceUrl":"https://www.federalregister.gov/documents/2020/03/26/2020-06327/notice-of-order-under-sections-362-and-365-of-the-public-health-service-act-suspending-introduction","preciseCitation":"85 FR 17060","evidencePassage":"Disease Exists I. Purpose and Application I issue this order pursuant to Sections 362 and 365 of the Public Health Service (PHS) Act, 42 U.S.C. 265, 268, and their implementing regulations, which authorize the Director of the Centers for Disease Control and Prevention (CDC) to suspend the introduction of persons into the United States when the Director determines that the existence of a communicable disease in a foreign country or place creates a serious danger of the introduction of such disease into the United States and the danger is so increased by the introduction of persons from the foreign country or place that a temporary suspension of such introduction is necessary to protect the public health. This order applies to persons traveling from Canada or Mexico (regardless of their country of origin) who would otherwise be introduced into a congregate setting in a land Port of Entry (POE) or Border Patrol station at or near the United States borders with Canada and Mexico, subject to the exceptions detailed below. The danger to the public health that results from the introduction of such persons into congregate settings at or near the borders is the touchstone of this order. This … processing, would typically be aliens seeking to enter the United States at POEs who do not have proper travel documents, aliens whose entry is otherwise contrary to law, and aliens who are apprehended near the border seeking to unlawfully enter the United States between POEs. This order is intended to cover all such aliens. For simplicity, I shall refer to the persons covered by this order as “covered aliens.” I suspend the introduction of all covered aliens into the United States for a period of 30 days, starting from the date of this order. I may extend this order if necessary to protect the public … the introduction of covered aliens. The immediate suspension of the introduction of these aliens requires the movement of all such aliens to the country from which they entered the United States, or their country of origin, or another location as practicable, as rapidly as possible, with as little time spent in congregate settings as practicable under the circumstances. The faster a covered alien is returned to the country from which they entered the United States, to their country of origin, or another location as practicable, the lower the risk the alien poses of introducing, transmitting, or","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-overseas-child-citizenship-20200326","countryCode":"US","country":"United States","title":"Citizenship residence exception created for qualifying children living abroad","policyEffect":"From March 26, 2020, qualifying lawful-permanent-resident children under 18 could satisfy the US residence condition for automatic citizenship under INA 320 while living abroad in the legal and physical custody of a US-citizen parent. For government-employee families, the citizen parent had to be stationed and residing abroad as a US government employee, or residing abroad in marital union with such an employee. For military families, the child had to accompany the service member abroad under official orders; the citizen parent had to be that member or an authorized accompanying spouse residing in marital union with the member. Other citizenship requirements continued to apply.","operativeDate":"2020-03-26","year":2020,"affectedGroup":"Qualifying lawful-permanent-resident children under 18 in us government-employee and military families residing abroad","materialConditionsAndExceptions":"","policyCategory":"Citizenship acquisition","policyTool":"Statutory residence exception","sourceName":"USCIS / US Congress","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20200918-ResidenceForCitizenship.pdf","preciseCitation":"POLICY ALERT - Residency Requirements for Children of Service Members and Government Employees Residing Outside of the United States for Purposes of Acquisition of Citizenship; Public Law 116-133","evidencePassage":"8 USC 1101 note. SEC. 2. FACILITATING THE AUTOMATIC ACQUISITION OF CITIZENSHIP FOR LAWFUL PERMANENT RESIDENT CHILDREN OF MILI- TARY AND FEDERAL GOVERNMENT PERSONNEL RESIDING ABROAD. (a) IN GENERAL.—Section 320 of the Immigration and Nation- ality Act (8 U.S.C. 1431) is amended— (1) by striking the section header and inserting ‘‘CHILDREN BORN OUTSIDE THE UNITED STATES AND LAWFULLY ADMITTED FOR PERMANENT RESIDENCE; CONDITIONS UNDER WHICH CITIZEN- SHIP AUTOMATICALLY ACQUIRED’’; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: ‘‘(c) S … ubsection (a)(3) is deemed satisfied in the case of a child who is lawfully admitted for permanent residence in the United States if— ‘‘(1) the child is residing in the legal and physical custody of a citizen parent who is— ‘‘(A) stationed and residing abroad as an employee of the Government of the United States; or ‘‘(B) residing abroad in marital union with an employee of the Government of the United States who is stationed abroad; or ‘‘(2) the child is— ‘‘(A) residing in the legal and physical custody of a citizen parent who is— ‘‘(i) stationed and residing abroad as a member of the Armed F … orces of the United States; or ‘‘(ii) authorized to accompany and reside abroad with a member of the Armed Forces of the United States pursuant to the member’s official orders, and is so accompanying and residing abroad with the member in marital union; and dkrause on LAP5T8D0R2PROD with PUBLAWS ‘‘(B) authorized to accompany such member and reside abroad with the member pursuant to the member’s official VerDate Sep 11 2014 13:20 Mar 30, 2020 Jkt 099139 PO 00133 Frm 00001 Fmt 6580 Sfmt 6581 [official-source production path omitted] PUBL133 PUBLIC LAW 116–133—MAR. 26, 2020 134 STAT. 275 orders, and is so accompanyi … ng and residing with the member.’’. (b) CONFORMING AMENDMENT.—The table of contents for the Immigration and Nationality Act is amended by striking the item relating to section 320 and inserting the following: ‘‘Sec. 320. Children born outside the United States and lawfully admitted for per- manent residence; conditions under which citizenship automatically ac- quired.’’. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘‘Budget … 134 STAT. 274 PUBLIC LAW 116–133—MAR. 26, 2020 Public Law 116–133 116th Congress An Act To facilitate the automatic acquisition of citizenship for lawful permanent resident Mar. 26, 2020 children of military and Federal Government personnel residing abroad, and [H.R. 4803] for other purposes. Be it enacted by the Senate and House of Representatives of Citizenship for the United States of America in Congress assembled, Children of Military SECTION 1. SHORT TITLE. Members and Civil Servants This Act may be cited as the ‘‘Citizenship for Children of Act. Military Members and Civil Servants Act’’. … ary Effects of PAYGO Legislation’’ for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Com- mittee, provided that such statement has been submitted prior to the vote on passage. Approved March 26, 2020. LEGISLATIVE HISTORY—H.R. 4803: CONGRESSIONAL RECORD: Vol. 165 (2019): Dec. 3, considered and passed House. Vol. 166 (2020): Mar. 5, considered and passed Senate. dkrause on LAP5T8D0R2PROD with PUBLAWS Æ VerDate Sep 11 2014 13:20 Mar 30, 2020 Jkt 099139 PO 00133 Frm 00002 Fmt 6580 Sfmt 6580 [official-source production path omitted] PUBL133","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-aee2d378c01f2d25cba3","countryCode":"US","country":"United States","title":"Presidential Proclamation 10014 Suspending Entry of Immigrants Risking the Labor Market","policyEffect":"Suspended the entry into the United States of foreign nationals applying for immigrant visas outside the country who did not possess a valid immigrant visa or official entry document as of the effective date.","operativeDate":"2020-04-23","year":2020,"affectedGroup":"Employment-based and select family-based prospective permanent immigrants","materialConditionsAndExceptions":"","policyCategory":"Legal entry and stay","policyTool":"Visa suspension / entry ban","sourceName":"Executive Office of the President","sourceUrl":"https://www.federalregister.gov/documents/2020/04/27/2020-09068/suspension-of-entry-of-immigrants-who-present-a-risk-to-the-united-states-labor-market-during-the","preciseCitation":"85 FR 23441","evidencePassage":"this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: Section 1 . Suspension and Limitation on Entry. The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation. Sec. 2 . Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who: (i) are outside the United States on the effective date of this proclamation; (ii) do not have an immigrant visa that is valid on the effective date of this proclamation; and (iii) do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission. (b) The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to: (i) any lawful permanent … resident of the United States; (ii) any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the … alien; (iii) any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program; (iv) any alien who is the spouse of a United States citizen; (v) any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications; (vi) any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; (vii) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces; ( printed page 23443) (viii) any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or (ix) any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective … Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States. Sec. 4 . Termination. This proclamation shall expire 60 days from its effective date and may be continued as necessary. Whenever appropriate, but no later than 50 days from the effective date of this proclamation, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend whether I should continue or modify this proclamation. Sec. 5 . Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on April 23, 2020. Sec. 6 .","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-brazil-entry-restriction-20200526","countryCode":"US","country":"United States","title":"Brazil COVID-19 entry restriction begins on amended date","policyEffect":"Entry as immigrants or nonimmigrants was suspended for noncitizens physically present in Brazil during the preceding 14 days, subject to the exemptions specified in section 2 of Proclamation 10041. Before commencement, Proclamation 10042 moved the effective time to 11:59 p.m. EDT on May 26, 2020, with an exception for persons aboard US-bound flights that departed before that time.","operativeDate":"2020-05-26","year":2020,"affectedGroup":"Noncitizens with recent physical presence in brazil, subject to specified exemptions","materialConditionsAndExceptions":"Validated condition or limit: Entry as immigrants or nonimmigrants was suspended for noncitizens physically present in Brazil during the preceding 14 days, subject to the exemptions specified in section 2 of Proclamation 10041.; Before commencement, Proclamation 10042 moved the effective time to 11:59 p.m.; EDT on May 26, 2020, with an exception for persons aboard US-bound flights that departed before that time.","policyCategory":"Migration policy","policyTool":"","sourceName":"Government Publishing Office","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2020-05-28/html/2020-11616.htm","preciseCitation":"Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus; Amendment to Proclamation of May 24, 2020, Suspending Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus","evidencePassage":"ity of our transportation system and infrastructure and the national security, and I have determined that it is in the interests of the United States to take action to restrict and suspend the entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States. The free flow of commerce between the United States and the Federative Republic of Brazil remains an economic priority for the United States, and I remain committed to faci … their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: [[Page 31934]] Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation. Sec. 2. Scope of Suspension and Limitation on Entry. (a) Section 1 of this proclamation shall not … apply to: (i) any lawful permanent resident of the United States; (ii) any alien who is the spouse of a U.S. citizen or lawful permanent resident; (iii) any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21; (iv) any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21; (v) any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a … and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, I hereby amend the Proclamation of May 24, 2020, titled ``Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus'' as follows: Section 1. Amendment. Section 5 is amended to read as follows: ``Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on May 26, 2020. This proclamation … does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on May 26, 2020.'' Sec. 2. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This proclamation shall be implemented consistent with applicable law and subject to the ava","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-b7b7a3747e3324a9dc1f","countryCode":"US","country":"United States","title":"Proclamation 10052 suspends entry for H-1B, H-2B, J, and L workers","policyEffect":"The entry into the United States of any alien seeking entry pursuant to H-1B, H-2B, J (intern, trainee, teacher, camp counselor, au pair, or summer work travel program), or L visas, and any accompanying or following-to-join aliens, is suspended and limited, subject to certain conditions and exceptions.","operativeDate":"2020-06-24","year":2020,"affectedGroup":"Any alien seeking entry pursuant to any of the following nonimmigrant visas: h-1b, h-2b, j (intern, trainee, teacher, camp counselor, au pair, or summer work travel program), or l, and any alien accompanying or following to join such alien","materialConditionsAndExceptions":"Validated condition or limit: The entry into the United States of any alien seeking entry pursuant to H-1B, H-2B, J (intern, trainee, teacher, camp counselor, au pair, or summer work travel program), or L visas, and any accompanying or following-to-join aliens, is suspended and limited, subject to certain conditions and exceptions.","policyCategory":"Work, exchange, other","policyTool":"Entry exit","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2020/06/25/2020-13888/suspension-of-entry-of-immigrants-and-nonimmigrants-who-present-a-risk-to-the-united-states-labor","preciseCitation":"","evidencePassage":"The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation: … (a) an H-1B or H-2B visa, and any alien accompanying or following to join such alien; (b) a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and ( printed page 38265) (c) an L visa, and any alien accompanying or following to join such alien. … (a) The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who: (i) is outside the United States on the effective date of this proclamation; (ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and (iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission. … (b) The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to: (i) any lawful permanent resident of the United States; (ii) any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen; (iii) any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and (iv) any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees. … Except as provided in section 1 of this proclamation, this proclamation is effective at 12:01 a.m. eastern daylight time on June 24, 2020.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-53a2d11101ccbb3579e7","countryCode":"US","country":"United States","title":"DHS Reconsideration and Interim Limitation of Deferred Action for Childhood Arrivals (DACA)","policyEffect":"Acting Secretary of Homeland Security Chad Wolf issued a memorandum directing USCIS to reject all initial pending and future DACA requests, limit renewal grants of deferred action and employment authorization to one year instead of two, and deny applications for advance parole absent exceptional circumstances.","operativeDate":"2020-07-28","year":2020,"affectedGroup":"Irregular migrants / daca applicants","materialConditionsAndExceptions":"Validated condition or limit: Acting Secretary of Homeland Security Chad Wolf issued a memorandum directing USCIS to reject all initial pending and future DACA requests, limit renewal grants of deferred action and employment authorization to one year instead of two, and deny applications for advance parole absent exceptional circumstances.","policyCategory":"Integration and rights","policyTool":"Guidance / circular","sourceName":"dhs.gov","sourceUrl":"https://www.dhs.gov/sites/default/files/publications/20_0728_s1_daca-reconsideration-memo.pdf","preciseCitation":"Department of Homeland Security, Policy Memorandum, \"Reconsideration of the June 15, 2012 Memorandum Creating the Deferred Action for Childhood Arrivals ('DACA') Policy,\" July 28, 2020.","evidencePassage":"policy and the attendant benefits than aliens who submit such requests after the issuance of this memorandum. Accordingly, effective immediately, DHS shall: • Reject all initial DACA requests and associated applications for Employment Authorization Documents, and refund all associated fees, without prejudice to re-filing such requests should DHS determine to begin accepting initial requests again in the future. • Adjudicate all pending and future properly submitted DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries. • Limit the period of any deferred action granted pursuant to the DACA policy after the issuance of this memorandum (and thereby limit the period of any associated work authorization) to one year. • Refrain from terminating any grants of previously issued deferred action or revoking any Employment Authorization Documents based solely on the directives in this memorandum for the remaining duration of their validity periods. 1 Prior to July 24, DHS’s treatment of advance parole requests from DACA recipients varied. Many were rejected, while some were accepted and receipted. To the extent any rejected requestor believes exceptional circumstances support his or her request, he or she may now renew the request for advance parole, and it will be adjudicated on the terms set forth in this memorandum. Page 8 • Reject all pending and future Form I-131 applications for advance parole from beneficiaries of the DACA policy and refund all associated fees, absent exceptional circumstances. • Refrain from terminating any grants of previously approved advance parole based solely on the directives in this memorandum for the remaining duration of their validity periods. • Exercise its discretionary authority to terminate","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-6e6614bf0ad9b2277cc2","countryCode":"US","country":"United States","title":"Removal of 30-Day Processing Provision for Form I-765 Employment Authorizations for Asylum Applicants","policyEffect":"Eliminated the regulatory requirement that USCIS adjudicate initial Form I-765 applications for employment authorization submitted by asylum applicants within 30 days, and removed the requirement that renewal applications be submitted 90 days before expiration.","operativeDate":"2020-08-21","year":2020,"affectedGroup":"Asylum seekers","materialConditionsAndExceptions":"Validated condition or limit: Eliminated the regulatory requirement that USCIS adjudicate initial Form I-765 applications for employment authorization submitted by asylum applicants within 30 days, and removed the requirement that renewal applications be submitted 90 days before expiration.","policyCategory":"Integration / legal stay","policyTool":"Work permit processing procedure","sourceName":"Department of Homeland Security / U.S. Citizenship and Immigration Services","sourceUrl":"https://www.federalregister.gov/documents/2020/06/22/2020-13391/removal-of-30-day-processing-provision-for-asylum-applicant-related-form-i-765-employment","preciseCitation":"85 FR 37502","evidencePassage":"Register / Vol. 85, No. 120 / Monday, June 22, 2020 / Rules and Regulations\u0000\u0000 [[Page 37502]] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 208 [CIS No. 2617-18; DHS Docket No. USCIS-2018-0001] RIN 1615-AC19 Removal of 30-Day Processing Provision for Asylum Applicant- Related Form I-765 Employment Authorization Applications AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule removes a Department of Homeland … Security (DHS) regulatory provision stating that U.S. Citizenship and Immigration Services (USCIS) has 30 days from the date an asylum applicant files the initial Form I-765, Application for Employment Authorization, (EAD application) to grant or deny that initial employment authorization application. This rule also removes the provision requiring that the application for renewal must be received by USCIS 90 days prior to the expiration of the employment authorization. DATES: This final rule is effective August 21, 2020. FOR FURTHER INFORMATION CONTACT: Daniel Kane, Branch Chief, Service Center … considered the public comments received and this final rule adopts the regulatory text proposed in the Notice of Proposed Rulemaking (NPRM) published in the Federal Register on September 9, 2019, in all material respects. See Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications, Proposed Rule, 84 FR 47148. As a consequence, this final rule makes the following major revisions to the application for employment authorization for asylum seekers program regulations: 1. Eliminates the 30-day adjudication requirement for initial filings; and 2. … eliminates the requirement that applications to renew employment authorization must be received by USCIS 90 days prior to the expiration of the applicant's employment authorization. D. Summary of Costs and Benefits DHS notes that the estimates from the NPRM regarding unemployment, number of asylum applicants per year, and USCIS processing are not currently applicable as COVID-19 has had a dramatic impact on all three. DHS offers this analysis as a glimpse of the potential impacts of the rule, but the analysis relies on assumptions related to a pre- COVID economy. While future economic conditions … and Discussion A. Elimination of 30-Day Processing Timeframe Processing of Applications for Employment Authorization Documents (EADs) Pursuant to 8 CFR 208.7, 274a.12(c)(8), and 274a.13(a)(2), pending asylum applicants may request an EAD by filing an EAD application using Form I-765, Application for Employment Authorization. Under 8 CFR 208.7(a)(1) prior to this final rule, USCIS' adjudicatory timeframe for initial employment authorization requests under the (c)(8) category was 30 days. The 30-day timeframe in 8 CFR 208.7(a)(1) was established more than 20 years ago,\\13\\ when the former Immigration","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp5-c717fdb06e4412d4991b","countryCode":"US","country":"United States","title":"Temporary Travel Restrictions at Land Ports of Entry (U.S.-Canada and U.S.-Mexico Borders)","policyEffect":"Temporarily prohibited non-essential travel (such as tourism and recreation) at land ports of entry and passenger ferry terminals along the U.S.-Mexico and U.S.-Canada borders, limiting entry to designated 'essential travel' categories. Phase scope: Northern and Southern land ports of entry, passenger rail, and passenger ferry terminals","operativeDate":"2020-08-21","year":2020,"affectedGroup":"Cross-border land travelers seeking entry for non-essential purposes","materialConditionsAndExceptions":"","policyCategory":"Border control / legal entry","policyTool":"Entry restriction / border closure","sourceName":"justice.gov / Federal Register","sourceUrl":"https://justice.gov/eoir/page/file/1307081/dl?inline=","preciseCitation":"Department of Homeland Security / U.S. Customs and Border Protection, 85 FR 16547, 85 FR 16548 (March 24, 2020); continued at 85 FR 51633, 85 FR 51634 (August 21, 2020)","evidencePassage":"–19 with the authority granted in 19 U.S.C. Restrictions Applicable to Land Ports pandemic. As of August 17, there are 1318(b)(1)(C) and (b)(2),7 I have of Entry and Ferries Service Between over 21.2 million confirmed cases determined that land ports of entry the United States and Mexico globally, with over 761,000 confirmed along the U.S.-Mexico border will AGENCY: Office of the Secretary, U.S. deaths.3 There are over 5.3 million continue to suspend normal operations Department of Homeland Security; U.S. confirmed and probable cases within and will only allow processing for entry Customs and … Border Protection, U.S. the United States,4 over 121,000 into the United States of those travelers Department of Homeland Security. confirmed cases in Canada,5 and over engaged in ‘‘essential travel,’’ as defined ACTION: Notification of continuation of 511,000 confirmed cases in Mexico.6 below. Given the definition of ‘‘essential temporary travel restrictions. travel’’ below, this temporary alteration Notice of Action in land ports of entry operations should SUMMARY: This document announces the Given the outbreak and continued not interrupt legitimate trade between decision of the Secretary of … ROD with RULES 4 CDC, Cases of COVID–19 in the U.S. (last ‘‘essential travel,’’ as further defined in any Customs office or port of entry or take any other updated Aug. 17, 2020), available at https:// lesser action that may be necessary to respond to that document.1 The document www.cdc.gov/coronavirus/2019-ncov/cases- the specific threat.’’ Congress has vested in the updates/cases-in-us.html. Secretary of Homeland Security the ‘‘functions of 1 85 FR 16547 (Mar. 24, 2020). That same day, 5 WHO, Coronavirus disease 2019 (COVID–19) all officers, employees, and organizational units of DHS also p … ublished notice of the Secretary’s Situation Report—209 (Aug. 16, 2020). the Department,’’ including the Commissioner of decision to temporarily limit the travel of 6 Id. CBP. 6 U.S.C. 112(a)(3). VerDate Sep<11>2014 16:00 Aug 20, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 [official-source production path omitted] 21AUR1 51634 Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations entry operations authorized under 19 constitute ‘‘essential travel’’ under this temporarily limit the travel of U.S.C. 1318(b)(1)(C) and (b)(2), travel Notification. Further, the CBP individuals fr … om Canada into the United through the land ports of entry and ferry Commissioner may, on an States at land ports of entry along the terminals along the United States- individualized basis and for United States-Canada border to Mexico border shall be limited to humanitarian reasons or for other ‘‘essential travel,’’ as further defined in ‘‘essential travel,’’ which includes, but purposes in the national interest, permit that document.1 The document is not limited to— the processing of travelers to the United described the developing circumstances • U.S. citizens and lawful permanent States not … Homeland transmission and spread of COVID–19 the two nations or disrupt critical Security (Secretary) to continue to within the United States and globally, supply chains that ensure food, fuel, temporarily limit the travel of the Secretary has determined that the medicine, and other critical materials individuals from Mexico into the United risk of continued transmission and reach individuals on both sides of the States at land ports of entry along the spread of the virus associated with border. United States-Mexico border. Such COVID–19 between the United States For purposes of the temporary … travel will be limited to ‘‘essential and Mexico poses an ongoing ‘‘specific alteration in certain designated ports of travel,’’ as further defined in this threat to human life or national document. interests.’’ 7 19 U.S.C. 1318(b)(1)(C) provides that U.S. and Mexican officials have ‘‘[n]otwithstanding any other provision of law, the DATES: These restrictions go into effect Secretary of the Treasury, when necessary to mutually determined that non-essential respond to a national emergency declared under the at 12 a.m. Eastern Daylight Time (EDT) National Emergencies Act (50 U.S.C. 1601 et seq. … el,’’ as further defined in passenger ferry travel, and pleasure boat that document. 85 FR 16547 (Mar. 24, 2020). United States-Canada border. Such 2 See 85 FR 44185 (July 22, 2020); 85 FR 37744 travel between the United States and travel will be limited to ‘‘essential (June 24, 2020); 85 FR 31050 (May 22, 2020); 85 FR Mexico. These restrictions are travel,’’ as further defined in this 22352 (Apr. 22, 2020). DHS also published parallel temporary in nature and shall remain in document. notifications of the Secretary’s decisions to effect until 11:59 p.m. EDT on continue temporarily limiting the … ) on August 21, 2020, and will remain in individuals from Canada into the United States at or to a specific threat to human life or national effect until 11:59 p.m. EDT on land ports of entry along the United States-Canada interests,’’ is authorized to ‘‘[t]ake any . . . action September 21, 2020. border to ‘‘essential travel,’’ as further defined in that may be necessary to respond directly to the that document. 85 FR 16548 (Mar. 24, 2020). national emergency or specific threat.’’ On March FOR FURTHER INFORMATION CONTACT: 2 See 85 FR 44183 (July 22, 2020); 85 FR 37745 1, 2003, certain functio","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-586d5cfa0fe0e525ad46","countryCode":"US","country":"United States","title":"Revisions to Asylum Application, Interview, and Employment Authorization for Applicants","policyEffect":"Extended the waiting period for asylum applicants to apply for an initial Employment Authorization Document (EAD) from 150 to 365 days, added criminal and illegal-entry disqualification bars to EAD eligibility, and tied EAD validity directly to asylum adjudications.","operativeDate":"2020-08-25","year":2020,"affectedGroup":"Asylum seekers","materialConditionsAndExceptions":"Validated condition or limit: Extended the waiting period for asylum applicants to apply for an initial Employment Authorization Document (EAD) from 150 to 365 days, added criminal and illegal-entry disqualification bars to EAD eligibility, and tied EAD validity directly to asylum adjudications.","policyCategory":"Integration / asylum","policyTool":"Work authorization eligibility / waiting period","sourceName":"Department of Homeland Security","sourceUrl":"https://www.federalregister.gov/documents/2020/06/26/2020-13544/asylum-application-interview-and-employment-authorization-for-applicants","preciseCitation":"85 FR 38532","evidencePassage":"SUMMARY: On November 14, 2019, the Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM) that would modify DHS's regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application. This final rule implements the proposed rule, with some amendments based on public comments received. DATES: This final rule is effective August 25, 2020.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-af9db9095b292695df65","countryCode":"US","country":"United States","title":"DHS temporarily requires government-provided interpreters for many asylum interviews","policyEffect":"DHS temporarily amended asylum interview rules so applicants unable to proceed in English would ordinarily use DHS-provided telephonic interpreters instead of bringing their own interpreters.","operativeDate":"2020-09-23","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Humanitarian","policyTool":"Processing","sourceName":"Federal Register 85 FR 59655","sourceUrl":"https://www.federalregister.gov/documents/2020/09/23/2020-21073/asylum-interview-interpreter-requirement-modification-due-to-covid-19","preciseCitation":"Federal Register 85 FR 59655. DHS temporarily requires government-provided interpreters for many asylum interviews. Effective 2020-09-23.","evidencePassage":"Requirement Modification Due to COVID-19 AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security (DHS). ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: This rule temporarily (for 180 days) amends existing Department of Homeland Security (DHS) regulations to provide that asylum applicants who cannot proceed with the interview in English are no longer required to provide interpreters at the asylum interview but rather must ordinarily proceed with DHS-provided telephonic interpreters. DATES: This rule is effective … 18, 2020 to June 4, 2020. In an effort to promote safety as USCIS continues to reopen offices to the public for in-person services and resume necessary operations, DHS has determined, for 180 days, to no longer require asylum applicants who are unable to proceed with the interview in English to provide an interpreter. Rather, asylum applicants will ordinarily be required to proceed with government-provided telephonic contract interpreters so long as they speak one of the 47 languages found on the Required Languages for Interpreter Services BPA/GSA Language Schedule (``GSA Schedule''). If the applicant … amended by adding paragraph (h) to read as follows: 208.9 Procedure for interview before an asylum officer. * * * * * (h) Asylum Applicant Interpreters for asylum interviews conducted between September 23, 2020, through March 22, 2021. (1) Asylum applicants unable to proceed with the interview in English must use USCIS's telephonic interpreter services, so long as the applicant is fluent in one of the following languages: Akan, Albanian, Amharic, Arabic, Armenian, Azerbaijani, Bengali, Burmese, Cantonese, Creole/Haitian Creole, Farsi-Afghani/Dari, Farsi-Iranian, Foo Chow/Fuzhou, French, Georgian, Gujarati","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-03fc149319ec60a13b08","countryCode":"US","country":"United States","title":"DHS finalizes USCIS fee schedule and fee-waiver changes","policyEffect":"DHS finalized broad USCIS fee-schedule changes, including fee increases, new asylum-related fees, fee waiver restrictions, premium-processing timing changes, and form-specific changes.","operativeDate":"2020-10-02","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: DHS finalized broad USCIS fee-schedule changes, including fee increases, new asylum-related fees, fee waiver restrictions, premium-processing timing changes, and form-specific changes.","policyCategory":"Family, residence, humanitarian, work, study, other","policyTool":"Fee","sourceName":"Federal Register 85 FR 46788","sourceUrl":"https://www.federalregister.gov/documents/2020/08/03/2020-16389/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration","preciseCitation":"Federal Register 85 FR 46788. DHS finalizes USCIS fee schedule and fee-waiver changes. Effective 2020-10-02.","evidencePassage":"Citizenship and Immigration Services, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule adjusts certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). It also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies intercountry adoption processing. USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the full cost of providing adjudication and naturalization services. Therefore, the Department of Homeland Security (DHS) is adjusting USCIS fees by a weighted average increase of 20 percent, adding new fees for certain immigration benefit requests, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms. This final rule is intended to ensure that USCIS has the resources it needs to provide adequate service to applicants and petitioners. DATES: This final rule is effective October 2, 2020. Any application, petition, or request postmarked on or after this date must be accompanied with the … related to setting, collecting, and administering fees. Fee schedule adjustments are necessary to recover the full operating costs associated with administering the nation's lawful immigration system and safeguarding its integrity and promise by efficiently and fairly adjudicating requests for immigration benefit, while protecting Americans, securing the homeland, and honoring our values. This final rule also makes certain adjustments to fee waiver eligibility, filing requirements for nonimmigrant workers, premium processing service, and other administrative requirements. B. Legal Authority DHS' … . 13771 directs agencies to reduce regulation and control regulatory costs. Because the estimated impacts range from costs to cost savings, this final rule is considered neither regulatory or deregulatory under E.O. 13771. Details on the estimated impacts of this final rule can be found in the rule's economic analysis, section 2. This final rule adjusts certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). It also removes certain fee exemptions, changes fee waiver requirements,\\11\\ alters premium processing time limits, and modifies","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-fa76ff34b0e91aa1fb4a","countryCode":"US","country":"United States","title":"Department of Labor Interim Final Rule Strengthening Wage Protections for Immigrant and Nonimmigrant Workers","policyEffect":"Restructured and significantly increased prevailing wage percentiles across all four wage tiers for permanent labor certifications (PERM) and Labor Condition Applications (LCAs) supporting H-1B, H-1B1, and E-3 nonimmigrants.","operativeDate":"2020-10-08","year":2020,"affectedGroup":"High-skilled workers / employment-based migrants","materialConditionsAndExceptions":"","policyCategory":"Legal entry and stay","policyTool":"Prevailing wage requirements / labor market testing","sourceName":"Employment and Training Administration, Department of Labor","sourceUrl":"https://www.federalregister.gov/documents/2020/10/08/2020-22132/strengthening-wage-protections-for-the-temporary-and-permanent-employment-of-certain-aliens-in-the","preciseCitation":"85 FR 63872","evidencePassage":"Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak.” Accordingly, this IFR revises the computation of wage levels under the Department's four-tiered wage structure based on the OES wage survey administered by the BLS to ensure that wages paid to immigrant and nonimmigrant workers are commensurate with the wages of U.S. workers with comparable levels of education, experience, and levels of supervision in the occupation and area of employment. 2. Objectives of and Legal Basis for the IFR The Department is amending its regulations at Sections 656.40 and 655.731 … to reflect the methodology the Department will use to determine prevailing wages based on the BLS's OES survey for job opportunities in the H-1B and PERM programs. The revised methodology will establish the prevailing wage for Levels I through IV, respectively, at approximately the 45th percentile, the 62nd percentile, the 78th percentile, and the 95th percentile. The INA assigns responsibilities to the Secretary relating to the entry and employment of certain categories of employment-based immigrants and nonimmigrants. This rule relates to the labor certifications that the Secretary issues for","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-cc826ea50e2be52efecd","countryCode":"US","country":"United States","title":"USCIS Policy Manual Update: Lawful Admission Prerequisite for Naturalization","policyEffect":"Instructs adjudicators to review whether an applicant was lawfully admitted to LPR status and maintained status without abandonment, and mandates denial of naturalization applications filed on or after the effective date if the applicant is in pending removal proceedings initiated by a warrant of arrest.","operativeDate":"2020-11-18","year":2020,"affectedGroup":"Naturalization applicants (form n-400)","materialConditionsAndExceptions":"Validated condition or limit: Instructs adjudicators to review whether an applicant was lawfully admitted to LPR status and maintained status without abandonment, and mandates denial of naturalization applications filed on or after the effective date if the applicant is in pending removal proceedings initiated by a warrant of arrest.","policyCategory":"Citizenship & naturalization","policyTool":"Eligibility & removal screening","sourceName":"U.S. Citizenship and Immigration Services (USCIS)","sourceUrl":"https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2","preciseCitation":"USCIS Policy Alert PA-2020-23 (12 USCIS-PM B.4, D.2, F.2)","evidencePassage":"which the applicant was previously admitted and then ordered removed. 2. Pending Removal Proceedings Except for certain applications for naturalization based on military service,[141] USCIS lacks the authority to grant naturalization to an applicant against whom there is a pending removal proceeding initiated by a warrant of arrest.[142] An NTA is a warrant of arrest for purposes of INA 318,[143] except in the 9th Circuit.[144] Officers should consult with USCIS counsel on any INA 318 cases in the 9th Circuit involving pending removal proceedings. Effective November 18, 2020, where a removal proceeding is pending against a naturalization applicant, USCIS denies the naturalization application under INA 318 based solely on the existence of pending removal proceedings against the applicant.[145] The officer may not issue a decision based on the merits of the naturalization application.[146] Therefore, if an NTA is issued and a removal proceeding is pending against a naturalization applicant on or before the date of the decision on the naturalization application, the officer should deny the naturalization application under INA 318,[147] even if the removal proceeding was administratively … before IIRIRA, the Warrant of Arrest may be Form I-221S, which is part of the Order to Show Cause (Form I-221). [^ 145] This applies to naturalization applications filed on or after November 18, 2020 (effective date of policy). See INA 318. See De Lara Bellajaro v. Schiltgen, 378 F.3d 1042, 1043 (9th Cir. 2004), as amended (agency’s denial of applicant’s naturalization application on the ground that INA 318 precludes the application from being considered while removal proceedings are pending is “unquestionably correct”). [^ 146] See Saba-Bakare v. Chertoff, 507 F.3d 337, 340 (5th Cir. 2007) (","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-33ef283925bd38fe5b33","countryCode":"US","country":"United States","title":"Redesigned civics test introduced for new naturalization applications","policyEffect":"For naturalization applications filed on or after December 1, 2020, USCIS expanded the general civics question bank from 100 to 128 and the exam from 10 to 20 questions, with 12 correct answers required instead of six. The passing proportion remained 60 percent. Applicants aged at least 65 with at least 20 years as lawful permanent residents retained a 10-question test requiring six correct answers. Officers asked all 20 questions, or all 10 for the special-consideration group, even after a passing score was reached. Earlier applications remained under the previous policy, and statutory educational exceptions continued to apply.","operativeDate":"2020-12-01","year":2020,"affectedGroup":"Naturalization applicants filing from december 1, 2020, subject to age, residence-duration and statutory exceptions","materialConditionsAndExceptions":"Validated condition or limit: For naturalization applications filed on or after December 1, 2020, USCIS expanded the general civics question bank from 100 to 128 and the exam from 10 to 20 questions, with 12 correct answers required instead of six.; Applicants aged at least 65 with at least 20 years as lawful permanent residents retained a 10-question test requiring six correct answers.; Officers asked all 20 questions, or all 10 for the special-consideration group, even after a passing score was reached.","policyCategory":"Citizenship and naturalization","policyTool":"Civics testing","sourceName":"USCIS","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20201113-CivicsTest.pdf","preciseCitation":"POLICY ALERT - Civics Educational Requirement for Purposes of Naturalization","evidencePassage":"on the topic. Policy Highlights • Increases the general bank of civics test questions from 100 to 128, the number of test questions for the exam to 20 (from 10), and accordingly, the number of correct answers needed 1 See INA 312(a). An applicant may be eligible for an exception to the educational requirements based on age and time as a lawful permanent resident. See INA 312(b)(2). An applicant who has a physical or developmental disability or mental impairment may be eligible for a medical exception. See INA 312(b)(1). 2 This includes the initial examination and re-examination (if needed). S … ee 8 CFR 312.5(a) and 8 CFR 335.3(b). 3 See USCIS News Release, USCIS Announces Plan to Improve the Naturalization Test (July 19, 2019). PA-2020-20: Civics Educational Requirement for Purposes of Naturalization Page: 2 to pass the civics test to 12 (from 6). The test score required to pass (60 percent correct) will not change. • Confirms that USCIS will continue to administer 10 test questions (with required 6 correct answers) to applicants who qualify for special consideration because they are age 65 or older and have been lawful permanent residents for at least 20 years. • Provides that offi … cers will ask all 20 test items (or 10 to special consideration applicants), even if the applicant achieves a passing score. Citation Volume 12: Citizenship and Naturalization, Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing [12 USCIS-PM E.2]. … as required by the INA. The new test questions were piloted in July/August of 2020. To ensure that applicants and community-based organizations engaged in test preparation will have sufficient time to prepare for the revised test, this update, contained in Volume 12 of the Policy Manual, becomes effective December 1, 2020, and applies prospectively to naturalization applications filed on or after that date. USCIS will adjudicate applications filed before the effective date based on the previous policy. The guidance contained in the Policy Manual is controlling and supersedes any prior guidance","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0667bb823fa68773e9d1","countryCode":"US","country":"United States","title":"DHS narrows H-1B specialty occupation and third-party placement rules","policyEffect":"DHS issued an interim final rule revising H-1B specialty occupation definitions, employer-employee relationship requirements, third-party worksite validity periods, itinerary and contract evidence, and site-visit authority.","operativeDate":"2020-12-07","year":2020,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Work","policyTool":"Eligibility","sourceName":"Federal Register 85 FR 63918","sourceUrl":"https://www.federalregister.gov/documents/2020/10/08/2020-22347/strengthening-the-h-1b-nonimmigrant-visa-classification-program","preciseCitation":"Federal Register 85 FR 63918. DHS narrows H-1B specialty occupation and third-party placement rules. Effective 2020-12-07.","evidencePassage":"amending certain DHS regulations governing the H-1B nonimmigrant visa program. Specifically, DHS is: Revising the regulatory definition of and standards for a ``specialty occupation'' to better align with the statutory definition of the term; adding definitions for ``worksite'' and ``third-party worksite''; revising the definition of ``United States employer''; clarifying how U.S. Citizenship and Immigration Services (USCIS) will determine whether there is an ``employer-employee relationship'' between the petitioner and the beneficiary; requiring corroborating evidence of work in a specialty … occupation; limiting the validity period for third-party placement petitions to a maximum of 1 year; providing a written explanation when the petition is approved with an earlier validity period end date than requested; amending the general itinerary provision to clarify it does not apply to H-1B petitions; and codifying USCIS' H-1B site visit authority, including the potential consequences of refusing a site visit. The primary purpose of these changes is to better ensure that each H-1B nonimmigrant worker (H-1B worker) will be working for a qualified employer in a job that meets the statutory … definition of a ``specialty occupation.'' These changes are urgently necessary to strengthen the integrity of the H-1B program during the economic crisis caused by the COVID-19 public health emergency to more effectively ensure that the employment of H-1B workers will not have an adverse impact on the wages and working conditions of similarly employed U.S. workers. In addition, in strengthening the integrity of the H-1B program, these changes will aid the program in functioning more effectively and efficiently. DATES: This interim final rule is effective on December 7, 2020. Written comments","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-2724d9ab37fed762d77f","countryCode":"US","country":"United States","title":"DHS and DOJ finalize third-country transit asylum bar","policyEffect":"DHS and DOJ finalized, with changes, the 2019 third-country transit asylum bar for southern-border entrants who did not seek protection in a transit country.","operativeDate":"2021-01-19","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Humanitarian","policyTool":"Eligibility","sourceName":"Federal Register 85 FR 82260","sourceUrl":"https://www.federalregister.gov/documents/2020/12/17/2020-27856/asylum-eligibility-and-procedural-modifications","preciseCitation":"Federal Register 85 FR 82260. DHS and DOJ finalize third-country transit asylum bar. Effective 2021-01-19.","evidencePassage":"--------------------------------------------------------------------- 8 CFR Parts 208 and 1208 Asylum Eligibility and Procedural Modifications; Final Rule \u0000\u0000Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations\u0000\u0000 [[Page 82260]] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 208 RIN 1615-AC44 DEPARTMENT OF JUSTICE Executive Office for Immigration Review 8 CFR Part 1208 [EOIR Docket No. 19-0111; Dir. Order 06-2021] RIN 1125-AA91 Asylum Eligibility and Procedural Modifications AGENCY: Executive … Office for Immigration Review, Department of Justice; U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On July 16, 2019, the Department of Justice and the Department of Homeland Security (``DOJ,'' ``DHS,'' or, collectively, ``the Departments'') published an interim final rule (``IFR'') governing asylum claims in the context of aliens who enter or attempt to enter the United States across the southern land border between the United States and Mexico (``southern land border'') after failing to apply for protection from persecution or torture while in a third country through which they transited en route to the United States. This final rule responds to comments received on the IFR and makes minor changes to regulations implemented or affected by the IFR for clarity and correction of typographical errors. DATES: This rule is effective on January 19, 2021. FOR FURTHER INFORMATION CONTACT: Lauren Alder Reid, Assistant Director, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041, telephone (703) 305 … this final rule makes the following changes, pursuant to the Departments' authority under section 208(b)(2)(C) of the Act, 8 U.S.C. [[Page 82262]] 1158(b)(2)(C), and finalizes this regulatory action. This final rule makes no additional changes to the IFR beyond the changes described below. A. Amendments to 8 CFR 208.13(c)(4)(i), (iii) and 1208.13(c)(4)(i), (iii) The IFR provided that an alien who enters, attempts to enter, or arrives in the United States across the southern land border after transiting through at least one country outside of the alien's home country while en route to the United States will not be found ineligible for asylum if (1) the alien demonstrates that he or she applied for protection from persecution or torture in at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States and the alien received a final judgment denying the alien protection in such country, (2) the alien demonstrates that he or she satisfies the definition of ``victim of a severe form of trafficking in persons'' provided in 8 CFR 214.11(a), or (3) if the only countries through which … of Sec. 1208.15, any alien who enters, attempts to enter, or arrives in the United States across the southern land border on or after July 16, 2019, after transiting through at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence en route to the United States, shall be found ineligible for asylum unless (i) The alien demonstrates that he or she applied for protection from persecution in at least one country outside the alien's country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States and the alien received a final [[Page 82290]] judgment denying the alien protection in such country. * * * * * (iii) The only country or countries through which the alien transited en route to the United States were, at the time of the transit, not parties to the 1951 United Nations Convention relating to the Status of Refugees or the 1967 Protocol relating to the Status of Refugees. * * * * * Approved: Chad R. Mizelle, Senior Official Performing the Duties of the General Counsel, U.S. Department of Homeland Security. Approved: James R. McHenry III, Director, Executive Office","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d0dc2ff5e121cef102eb","countryCode":"US","country":"United States","title":"Memorandum on Reinstating Deferred Enforced Departure for Liberians","policyEffect":"The President reinstated Deferred Enforced Departure (DED) and continued employment authorization for eligible Liberian nationals who were under a grant of DED as of January 10, 2021, through June 30, 2022.","operativeDate":"2021-01-20","year":2021,"affectedGroup":"Existing holders","materialConditionsAndExceptions":"Validated condition or limit: The President reinstated Deferred Enforced Departure (DED) and continued employment authorization for eligible Liberian nationals who were under a grant of DED as of January 10, 2021, through June 30, 2022.","policyCategory":"Removal or readmission","policyTool":"Eligibility","sourceName":"justice.gov","sourceUrl":"https://justice.gov/eoir/page/file/1367626/dl?inline=","preciseCitation":"justice.gov. Memorandum on Reinstating Deferred Enforced Departure for Liberians.","evidencePassage":"it is in the foreign Designated Federal Officer, President’s National Infrastructure Advisory Council, transition period for Liberian DED policy interests of the United States to Cybersecurity and Infrastructure Security beneficiaries. President Trump later defer through June 30, 2022, the Agency, Department of Homeland Security. extended that DED transition period removal of any Liberian national, or [FR Doc. 2021–02981 Filed 2–12–21; 8:45 am] through March 30, 2020. person without nationality who last BILLING CODE 9110–9P–P In December 2019, the Congress habitually resided in Liberia, who is … have been continuously present in DED as of January 10, 2021, should have Reinstating Deferred Enforced the United States since November 20, continued employment authorization Departure for Liberians 2014, as well as their spouses and through June 30, 2022. AGENCY: U.S. Citizenship and children, eligible for adjustment of The Secretary of Homeland Security Immigration Services (USCIS), status to that of United States lawful shall promptly direct the appropriate Department of Homeland Security permanent resident (LPR). The NDAA officials to make provision, by means of (DHS). gave eligible Liberian … also provide for the President determined that it is in the beneficiaries would continue to be prompt issuance of new or replacement foreign policy interests of the United eligible for employment authorization documents in appropriate cases. States to reinstate Deferred Enforced during the LRIF application period. This grant of DED and continued Departure (DED) for Liberians through The LRIF application process was employment authorization shall apply June 30, 2022. The President directed hampered by a slow launch, to any Liberian DED beneficiary as of the Secretary of Homeland Security to cumbersome … , you may also call the USCIS with that provision. See Consolidated provide for continued work Contact Center at 800–375–5283 (TTY Appropriations Act for Fiscal Year 2021, authorization through June 30, 2022. 800–767–1833). Eligible Liberian nationals (and persons without nationality who last habitually • Applicants seeking information 1 See Presidential Memorandum for the Secretary resided in Liberia) covered under DED about the status of their individual cases of State and the Secretary of Homeland Security on may check Case Status Online, available Reinstating Deferred Enforced Departure for","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"screening-07aacfe321ded43d0d98","countryCode":"US","country":"United States","title":"Suspension of Entry for Travelers from Republic of South Africa","policyEffect":"Suspension and limitation of entry as immigrants or nonimmigrants for noncitizens present in the Republic of South Africa within the 14 days preceding entry, subject to the proclamation’s exceptions.","operativeDate":"2021-01-30","year":2021,"affectedGroup":"Noncitizens physically present within the republic of south africa during the 14-day period preceding their entry or attempted entry","materialConditionsAndExceptions":"Validated condition or limit: Suspension and limitation of entry as immigrants or nonimmigrants for noncitizens present in the Republic of South Africa within the 14 days preceding entry, subject to the proclamation’s exceptions.","policyCategory":"Migration policy","policyTool":"","sourceName":"Government Publishing Office","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2021-01-28/html/2021-02024.htm","preciseCitation":"Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019","evidencePassage":"reby proclaim the following: Section 1. Suspension and Limitation on Entry. (a) The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, and the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States, is hereby suspended and limited subject to section 2 of this proclamation. (b) The entry into the United States, as immigrants or nonimmigrants, of noncitizens w … ho were physically present within the Republic of South Africa during the 14-day period preceding their entry or attempted entry into the United States, is hereby suspended and limited subject to section 2 of this proclamation. Sec. 2. Scope of Suspension and Limitation on Entry. (a) Section 1 of this proclamation shall not apply to: (i) any lawful permanent resident of the United States; (ii) any noncitizen national of the United States; (iii) any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident; (iv) any noncitizen who is the parent or legal guardian of a U.S. citi … section 1(b) of this proclamation is effective at 12:01 a.m. eastern standard time on January 30, 2021. The suspension and limitation on entry set forth in section 1(b) of this proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern standard time on January 30, 2021. Sec. 7. Severability. It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States. Accordingly: (a) if any provis","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-face0e30fcbb39097f9e","countryCode":"US","country":"United States","title":"2008 civics test restored with a transition for recent applicants","policyEffect":"From March 1, 2021, USCIS restored the 2008 civics test for naturalization applicants who filed before December 1, 2020 or on or after March 1, 2021. Applicants who filed from December 1, 2020 through February 28, 2021 could choose the 2008 or 2020 test if their initial interview was scheduled before April 19, 2021. All applicants whose initial interviews were scheduled on or after April 19, 2021 were to take the 2008 test, regardless of filing date. Officers would stop asking civics questions once the applicant passed or failed either version. Statutory educational exceptions continued to apply.","operativeDate":"2021-03-01","year":2021,"affectedGroup":"Naturalization applicants, with filing-date and initial-interview transition conditions","materialConditionsAndExceptions":"Validated condition or limit: From March 1, 2021, USCIS restored the 2008 civics test for naturalization applicants who filed before December 1, 2020 or on or after March 1, 2021.; Applicants who filed from December 1, 2020 through February 28, 2021 could choose the 2008 or 2020 test if their initial interview was scheduled before April 19, 2021.; All applicants whose initial interviews were scheduled on or after April 19, 2021 were to take the 2008 test, regardless of filing date.","policyCategory":"Citizenship and naturalization","policyTool":"Civics testing","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210222-CivicsTest.pdf","preciseCitation":"POLICY ALERT - Revising Guidance on Naturalization Civics Educational Requirement","evidencePassage":"ning Integration and Inclusion Efforts for New Americans, 3 USCIS will revert to the 2008 test. There will be a brief period during which USCIS may offer both versions of the test to accommodate certain naturalization applicants who filed on or after December 1, 2020 and before 1 See INA 312(a). An applicant may be eligible for an exception to the English requirements based on age and time as a lawful permanent resident. See INA 312(b)(2). An applicant who has a qualifying physical or developmental disability or mental impairment may be eligible for a medical exception to the educational requi … rements. See INA 312(b)(1). 2 This includes the initial examination and re-examination (if needed). See 8 CFR 312.5(a) and 8 CFR 335.3(b). Applicants may also have another opportunity to pass the failed portion of the tests if they request a rehearing under INA 336(a) of a denied naturalization application. 3 See Executive Order 14012, signed February 2, 2021. PA-2021-02: Revising Guidance on Naturalization Civics Educational Requirement Page: 2 March 1, 2021 and are scheduled for an interview before April 19, 2021. This is because such applicants may have already been studying for the 2020 ci … vics test. USCIS will provide notices to such applicants affected by the policy update. This update, contained in Volume 12 of the Policy Manual, becomes effective March 1, 2021. The guidance contained in the Policy Manual is controlling and supersedes any prior guidance on the topic. Policy Highlights • Provides that USCIS will administer the 2008 civics test to applicants who filed for naturalization before December 1, 2020, or who will file on or after March 1, 2021. • Provides that USCIS will give applicants the choice to either take the 2008 civics test or the 2020 civics test in cases wh … ere applicants filed their naturalization application on or after December 1, 2020 and before March 1, 2021, and where the initial examination (interview) is scheduled to occur before April 19, 2021. • Provides that USCIS will administer the 2008 civics test to all applicants whose initial examination (interview) is scheduled to occur on or after April 19, 2021 (regardless of filing date). • Provides that USCIS will only ask civics test questions until the applicant passes or fails either the 2008 civics test or the 2020 civics test. Citation Volume 12: Citizenship and Naturalization, Part E,","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-3e4d2e07617f1595e841","countryCode":"US","country":"United States","title":"DHS removes 2019 public charge regulatory text after vacatur","policyEffect":"DHS removed the 2019 public charge regulations from the Code of Federal Regulations after a federal court vacatur, restoring the pre-2019 regulatory text.","operativeDate":"2021-03-09","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: DHS removed the 2019 public charge regulations from the Code of Federal Regulations after a federal court vacatur, restoring the pre-2019 regulatory text.","policyCategory":"Residence, family, other","policyTool":"Eligibility","sourceName":"Federal Register 86 FR 14221","sourceUrl":"https://www.federalregister.gov/documents/2021/03/15/2021-05357/inadmissibility-on-public-charge-grounds-implementation-of-vacatur","preciseCitation":"Federal Register 86 FR 14221. DHS removes 2019 public charge regulatory text after vacatur. Effective 2021-03-09.","evidencePassage":"Homeland Security 8 CFR Parts 103, 106, 212, 213, 214, 245, and 248 RIN 1615-AA22 AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. SUMMARY: This final rule removes the regulations resulting from a final rule issued in August 2019, which has since been vacated by a Federal district court. DATES: This rule is effective on March 9, 2021, as a result of the district court's vacatur. FOR FURTHER INFORMATION CONTACT: Mark Phillips, Residence and Naturalization Division Chief, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security … dismissed the appeal and the Rule 54(b) judgment went into effect. DHS is now implementing the judgment, i.e., the vacatur of the August 2019 rule. This rule removes from the Code of Federal Regulations (CFR) the regulatory text that DHS promulgated in the August 2019 rule and restores the regulatory text to appear as it did prior to the issuance of the August 2019 rule.[6] This rule also removes regulatory text that DHS initially promulgated in 8 CFR part 103 as part of the August 2019 rule, but later moved to 8 CFR part 106 in the August 2020 final rule entitled U.S. Citizenship and Immigration Services … Sufficiency Discontinue This form was used to demonstrate that an alien is not likely to become a public charge Applicants for adjustment of status who are subject to the public charge ground of inadmissibility This form was the primary basis for determining whether an applicant is inadmissible on the public charge ground (8 U.S.C. 1182(a)(4), as it asked questions about the factors considered in a public charge inadmissibility determination under the August 2019 rule. Because of the vacatur and removal of the August 2019 rule, USCIS will no longer use this information collection. I-356 Request for … clarified what categories need to file Form I-944 This form is used by aliens present in the United States to obtain lawful permanent resident status For aliens applying for adjustment of status, including: Immediate relatives (spouses, children, and parents of U.S. citizens) Family-based immigrants (principal beneficiaries and their dependents) Employment-based immigrants (principal beneficiaries and their dependents) Those who entered as K nonimmigrants (Fiance(e)s or certain spouses of U.S. citizens, and their children) who are seeking lawful permanent resident status based on the primary beneficiary's marriage to the U.S. citizen petitioner Adjustment of status applicants generally must be admissible to the United States, and must demonstrate that they are not inadmissible under any of the grounds in section 212(a), including public charge. However, because of the vacatur and removal of the 2019 rule, and the discontinuation of Form I-944 USCIS will no use these elements of the information collection. I-864 Affidavit of Support Under Section 213A of the INA Update—reference to Form I-864W, which is being reinstated Statement/contract provided by a sponsor to show that the sponsor","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b71a4ca717da46211bed","countryCode":"US","country":"United States","title":"DHS extends temporary asylum interview interpreter rule","policyEffect":"DHS extended the temporary rule allowing USCIS-provided telephonic interpreters for many affirmative asylum interviews through September 20, 2021.","operativeDate":"2021-03-22","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Humanitarian","policyTool":"Processing","sourceName":"Federal Register 86 FR 15072","sourceUrl":"https://www.federalregister.gov/documents/2021/03/22/2021-05872/asylum-interview-interpreter-requirement-modification-due-to-covid-19","preciseCitation":"Federal Register 86 FR 15072. DHS extends temporary asylum interview interpreter rule. Effective 2021-03-22.","evidencePassage":"Department of Homeland Security (DHS). ACTION: Final rule and temporary final rule; extension. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security (DHS) is extending the effective date (for 180 days) of its temporary final rule which modified certain regulatory requirements to help ensure that USCIS may continue with affirmative asylum adjudications during the COVID-19 pandemic. DATES: This final rule is effective March 22, 2021. The expiration date of the temporary final rule published at 85 FR 59655 on September 23, 2020, is extended … interpreter to their interview, posing a serious health risk in the current climate. [[Page 15073]] Accordingly, this temporary rule extends the temporary final rule published at 85 FR 59655 to continue to address the international spread of pandemic Coronavirus Disease 2019 (COVID-19) by seeking to slow the transmission and spread of the disease during asylum interviews before USCIS asylum officers. To that end, this temporary rule will extend the requirement in certain instances that noncitizens interviewed for this discretionary asylum benefit use USCIS Government- provided interpreters. C. The … with other noted public safety measures, have been effective in keeping our workforce and the public safe. As of March 5, 2021, there have been 1,577 confirmed cases of COVID-19 exposure among USCIS employees and contractors. The USCIS exposure rate (5.6%) remains below the national average (8.6%). Therefore, DHS has determined that it is in the best interest of the public and USCIS employees and contractors to extend the temporary rule for another 180 days. Under this extension, asylum applicants who are unable to proceed with the interview in English will ordinarily be required to proceed with government-provided telephonic contract interpreters so long as they speak one of the 47 languages found on the Required Languages for Interpreter Services Blanket Purchase Agreement/ U.S. General Services Administration Language Schedule (``GSA Schedule''). If the applicant does not speak a language on the GSA Schedule or elects to speak a language that is not on the GSA Schedule, the applicant will be required to bring his or her own interpreter to the interview who is fluent in English and the elected language (not on the GSA schedule). USCIS incorporates into this extension the justifications … an asylum officer. * * * * * (h) Asylum applicant interpreters. For asylum interviews conducted between September 23, 2020 through September 20, 2021: * * * * * Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security. [FR Doc. 2021-05872 Filed 3-19-21; 8:45 am] BILLING CODE 9111-97-P","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5f6a91fdeb67fd5fc1b7","countryCode":"US","country":"United States","title":"President revises FY2021 refugee admissions allocations","policyEffect":"The President issued an emergency determination revising FY2021 refugee admissions allocations while retaining the 15,000 ceiling.","operativeDate":"2021-04-16","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Humanitarian","policyTool":"Cap quota","sourceName":"Federal Register 86 FR 21403","sourceUrl":"https://www.federalregister.gov/documents/2021/04/22/2021-08545/emergency-presidential-determination-on-refugee-admissions-for-fiscal-year-2021","preciseCitation":"Federal Register 86 FR 21403. President revises FY2021 refugee admissions allocations. Effective 2021-04-16.","evidencePassage":"determinations and direct the following actions: (a) In response to the emergency refugee situation, the Fiscal Year (FY) 2021 allocation of admissions among refugees of humanitarian concern to the United States shall be revised as set forth in section (b) of this determination. This action is justified by grave humanitarian concerns and is otherwise in the national interest. Further, the admission of refugees affected by the emergency refugee situation cannot be accomplished under section 207(a) of the Act. (b) The revised allocations for FY 2021 are as follows: Africa................................................. 7,000 ...... East Asia.............................................. 1,000 ...... Europe and Central Asia................................ 1,500 ...... Latin America and the Caribbean........................ 3,000 ...... Near East and South Asia............................... 1,500 ...... Unallocated Reserve.................................... 1,000 ...... The Secretary of State, upon notification to the Judiciary Committees of the Congress, is authorized to use the unallocated reserve where the need for additional admissions arises and to transfer unused allocations from … the foreign policy interests of the United States and designate such persons for the purpose of that provision. (g) This determination supersedes PD 2021-02 of October 27, 2020. (h) You are authorized and directed to publish this determination in the Federal Register. (Presidential Sig.) THE WHITE HOUSE, Washington, April 16, 2021 [FR Doc. 2021-08545 Filed 4-21-21; 8:45 am] Billing code 4710-10-P","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-extension-deference-20210427","countryCode":"US","country":"United States","title":"Deference restored for qualifying petition-extension decisions","policyEffect":"From April 27, 2021, USCIS generally restored deference to its prior eligibility determinations when deciding petition extensions involving the same parties and facts. Deference did not apply where there was material error, a material change in circumstances or eligibility, or new material information adversely affecting eligibility. USCIS would consider, but not defer to, eligibility determinations made by other US government agencies. The policy restored, with updates, guidance that USCIS had rescinded in 2017.","operativeDate":"2021-04-27","year":2021,"affectedGroup":"Petitioners, applicants and beneficiaries seeking extensions involving the same parties and facts","materialConditionsAndExceptions":"Validated condition or limit: From April 27, 2021, USCIS generally restored deference to its prior eligibility determinations when deciding petition extensions involving the same parties and facts.; Deference did not apply where there was material error, a material change in circumstances or eligibility, or new material information adversely affecting eligibility.; USCIS would consider, but not defer to, eligibility determinations made by other US government agencies.","policyCategory":"Nonimmigrant adjudication","policyTool":"Deference to prior eligibility decisions","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210427-Deference.pdf","preciseCitation":"POLICY ALERT - Deference to Prior Determinations of Eligibility in Requests for Extensions of Petition Validity","evidencePassage":"f eligibility.1 That guidance directed officers to generally defer to prior determinations of eligibility when adjudicating petition extensions involving the same parties and facts as the initial petition. In 2017, USCIS rescinded the 2004 guidance. 2 This guidance, contained in Volume 2 of the Policy Manual, generally restores the 2004 deference policy, with updates, and is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Clarifies that USCIS gives deference to prior determinations when adjudicatin … g extension requests involving the same parties and facts unless there was a material error, material change in circumstances or in eligibility, or new material information that adversely impacts the petitioner’s, applicant’s, or beneficiary’s eligibility. • Affirms that USCIS considers, but does not defer to, previous eligibility determinations on petitions or applications made by other U.S. government agencies; that officers make determinations on the evidence of record in the petition or application under adjudication. Citation: Volume 2: Nonimmigrants, Part A, Nonimmigrant Policies and Pro … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20529 April 27, 2021 PA-2021-05 Policy Alert SUBJECT: Deference to Prior Determinations of Eligibility in Requests for Extensions of Petition Validity Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the issue of deference to prior determinations of eligibility by an officer when adjudicating a request for an extension of petition validity. Background In 2004, USCIS issued guidance addressing the issue of deference in prior determinations o","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0dc3ca2c3bc366f13a5b","countryCode":"US","country":"United States","title":"President raises FY2021 refugee admissions ceiling to 62,500","policyEffect":"The President raised the FY2021 refugee admissions ceiling from 15,000 to 62,500 and adjusted regional allocations.","operativeDate":"2021-05-03","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Humanitarian","policyTool":"Cap quota","sourceName":"Federal Register 86 FR 24475","sourceUrl":"https://www.federalregister.gov/documents/2021/05/07/2021-09861/emergency-presidential-determination-on-refugee-admissions-for-fiscal-year-2021","preciseCitation":"Federal Register 86 FR 24475. President raises FY2021 refugee admissions ceiling to 62,500. Effective 2021-05-03.","evidencePassage":"re-allocate admissions among refugees of humanitarian concern and to increase Fiscal Year (FY) 2021 refugee admissions from 15,000 refugees to 62,500 refugees due to an unforeseen emergency refugee situation in countries around the globe since the signing of Presidential Determination 2021-02 on October 27, 2020 (Presidential Determination on Refugee Admissions for Fiscal Year 2021) (PD 2021-02). In Presidential Determination 2021-05 of April 16, 2021 (Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2021) (PD 2021-05), I changed the allocation of admissions in PD 2021 … number of admissions permissible for FY 2021 to 62,500 is justified by grave humanitarian concerns and is otherwise in the national interest. The number of refugee admissions authorized by this determination under section 207(b) of the Immigration and Nationality Act (8 U.S.C. 1157(b)) sends the important message that the United States remains a safe harbor for some of the most vulnerable people in the world. This number also sets a goal for USRAP and the non-governmental and international organizations with whom USRAP partners to resettle refugees. Given the gravity of the global refugee crisis, … 000 ...... Europe and Central Asia................................ 4,000 ...... Latin America and the Caribbean........................ 5,000 ...... Near East and South Asia............................... 13,000 ...... Unallocated Reserve.................................... 12,500 ...... The provisions of PD 2021-05 are retained, except to the extent superseded by this determination. You are authorized and directed to publish this determination in the Federal Register. (Presidential Sig.) THE WHITE HOUSE, Washington, May 3, 2021 [FR Doc. 2021-09861 Filed 5-6-21; 8:45 am] Billing code 4710-10-P","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-3e47f1f1853004cc6a72","countryCode":"US","country":"United States","title":"President revokes immigrant health-insurance entry restriction","policyEffect":"Proclamation 10209 revoked Proclamation 9945, ending the immigrant visa health-insurance or ability-to-pay entry restriction.","operativeDate":"2021-05-14","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Proclamation 10209 revoked Proclamation 9945, ending the immigrant visa health-insurance or ability-to-pay entry restriction.","policyCategory":"Family, residence, other","policyTool":"Entry exit","sourceName":"Federal Register 86 FR 27015","sourceUrl":"https://www.federalregister.gov/documents/2021/05/19/2021-10686/revoking-proclamation-9945","preciseCitation":"Federal Register 86 FR 27015. President revokes immigrant health-insurance entry restriction. Effective 2021-05-14.","evidencePassage":"the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), hereby find that the unrestricted entry into the United States of noncitizen immigrants based solely on the reasons articulated in Proclamation 9945 is not detrimental to the interests of the United States. I therefore hereby proclaim the following: Section 1 . Revocation. Proclamation 9945 is revoked. Sec. 2 . Review of Agency Actions. The Secretary of State, the Secretary of Health and Human Services, and the Secretary of Homeland Security shall … proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. ( printed page 27016) IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-5ded7f75c6ad57741a68ee84","countryCode":"US","country":"United States","title":"regulatory text restored to appear as it did before the October 2020 IFR","policyEffect":"regulatory text restored to appear as it did before the October 2020 IFR","operativeDate":"2021-05-19","year":2021,"affectedGroup":"H-1b nonimmigrant visa classification program","materialConditionsAndExceptions":"Recorded validated scope: 8 CFR Part 214.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2021/05/19/2021-10489/strengthening-the-h-1b-nonimmigrant-visa-classification-program-implementation-of-vacatur","preciseCitation":"","evidencePassage":"October 2020 IFR; however, changes to the regulatory text as set forth in the IFR are still reflected in the Code of Federal Regulations (CFR) at 8 CFR 214.2. --------------------------------------------------------------------------- \\1\\ 85 FR 63918 (Oct 8, 2020). \\2\\ See JSW Chamber of Commerce of the United States of America et al. v. United States Department of Homeland Security, et al., No. 4:20-cv-07331 (N.D. Cal. Dec. 1, 2020). --------------------------------------------------------------------------- This rule removes from the CFR the regulatory text that the Department promulgated in the October 2020 IFR and restores the regulatory text to appear as it did before the October 2020 IFR, and consistent with the rules that remain valid subsequent to the court's vacatur. DHS is not required to provide notice and comment or delay the effective date of this rule because this rule simply implements the court's vacatur of the IFR and restores the regulatory text so that it correctly reflects the regulatory text that predates the vacatur and remains valid. The changes made by the IFR do not have any legal effect. Moreover, good cause exists here for bypassing any otherwise applicable … requirements of notice and comment and a delayed effective date. Notice and comment and a delayed effective date are unnecessary for the implementation of the court's order vacating the rule and would be impracticable and contrary to the public interest in light of the agency's immediate need to implement the final judgment. See 5 U.S.C. 553(b)(B), (d). DHS believes that delaying the ministerial act of restoring the regulatory text in the Federal Register is contrary to the public interest because it could lead to confusion, particularly among the regulated public, as to the eligibility requirements","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-adjustment-ead-two-years-20210609","countryCode":"US","country":"United States","title":"Initial and renewal work permits for adjustment applicants extended to two years","policyEffect":"From June 9, 2021, USCIS increased the validity of initial and renewal Employment Authorization Documents issued to applicants seeking adjustment of status under INA 245 from one year to two years. Replacement documents retained the same validity dates as the original document.","operativeDate":"2021-06-09","year":2021,"affectedGroup":"Ina 245 adjustment applicants receiving initial or renewal employment authorization documents","materialConditionsAndExceptions":"","policyCategory":"Employment during adjustment","policyTool":"Work-permit validity","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210609-EmploymentAuthorization.pdf","preciseCitation":"POLICY ALERT - Employment Authorization for Certain Adjustment Applicants","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 June 9, 2021 PA-2021-10 Policy Alert SUBJECT: Employment Authorization for Certain Adjustment Applicants Purpose U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to increase the amount of time a grant of employment authorization is valid for applicants seeking adjustment of status under Section 245 of the Immigration and Nationality Act (INA). Background When an applicant applies for adjustment of status, he or she may also apply for employment au … thorization so that the applicant may work in the United States while waiting for a decision on the adjustment application. Currently, USCIS issues adjustment applicants Employment Authorization Documents (EADs) that are valid for 1 year. However, in the interest of reducing the burden on both the agency and the public, because the current median processing time for certain adjustment of status applications is close to or greater than 1 year, USCIS will now issue initial and renewal EADs to adjustment applicants that are valid for 2 years. Replacement EADs will not be affected by this update; … USCIS will continue to issue replacement EADs with the same validity dates as the original EAD. 1 This guidance, contained in Volume 10 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Updates the validity period for initial and renewal EADs issued to applicants for adjustment of status under INA 245 from 1 year to 2 years. Citation Volume 10: Employment Authorization, Part B, Specific Categories, Chapter 4, Adjustment Applicants Under INA 245 [10 USCIS-PM B.4]. 1 An applica","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-120f094863be207019e2","countryCode":"US","country":"United States","title":"Bona fide review introduced for work authorization while U petitions are pending","policyEffect":"From June 14, 2021, USCIS introduced an initial bona fide review process for pending and newly filed Form I-918 petitions, allowing qualifying U-status petitioners and qualifying family members to receive four-year Employment Authorization Documents and deferred action before a full waiting-list adjudication. A bona fide principal petition was followed by national-security and public-safety checks and a decision on favorable discretion. Recipients generally proceeded next to final U-status adjudication when a visa became available; background checks continued during the interim. Petitioners not granted this benefit proceeded to full waiting-list adjudication. The interim benefit was not a grant of U nonimmigrant status.","operativeDate":"2021-06-14","year":2021,"affectedGroup":"Principal u-status petitioners and qualifying family members meeting bona fide and discretionary standards","materialConditionsAndExceptions":"Validated condition or limit: From June 14, 2021, USCIS introduced an initial bona fide review process for pending and newly filed Form I-918 petitions, allowing qualifying U-status petitioners and qualifying family members to receive four-year Employment Authorization Documents and deferred action before a full waiting-list adjudication.","policyCategory":"Humanitarian and victim protection","policyTool":"Bona fide review and interim work authorization","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210614-VictimsOfCrimes.pdf","preciseCitation":"POLICY ALERT - Bona Fide Determination Process for Victims of Qualifying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners","evidencePassage":"fying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners Page: 2 Due to drastic increases in the volume of U nonimmigrant petitions and a growing backlog awaiting placement on the waiting list or final adjudication, USCIS has decided to exercise its discretion under INA 214(p)(6) to conduct bona fide determinations (BFD) and provide EADs and deferred action to noncitizens with pending, bona fide petitions who meet certain discretionary standards. 7 This guidance, contained in Volume 3 of the Policy Manual, updates and replaces Chapter 39.1(d)(2) and (f) of the Adj … udicator’s Field Manual (AFM), as well as the AFM’s related appendices, and related policy memoranda. USCIS is implementing this guidance immediately and the guidance applies to all Form I-918 petitions that are currently pending, or filed on or after June 14, 2021. 8 The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Provides that USCIS conducts an initial review of Form I-918 and will issue BFD EADs and deferred action for 4 years to petitioners for U nonimmigrant status and qualifying family members if USCIS deems their … petition “bona fide”, instead of completing a full waiting list adjudication. • Clarifies that, if USCIS determines the principal petition is bona fide, USCIS will then determine whether the principal petitioner poses a risk to national security 9 or public safety, and finally, whether the principal petitioner warrants a favorable exercise of discretion to receive employment authorization under INA 214(p)(6) and deferred action. • Explains that those who do not receive a BFD EAD under this initial review will proceed to the full waiting list adjudication and, if their petitions are approvable, … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 June 14, 2021 PA-2021-13 Policy Alert SUBJECT: Bona Fide Determination Process for Victims of Qualifying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners Purpose U.S. Citizenship and Immigration Services (USCIS) is publishing guidance in the USCIS Policy Manual 1 on employment authorization and deferred action for principal petitioners for U nonimmigrant status and qualifying family members with pending, bona fide petitions. 2 Background U nonimmigrant status is availabl","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-e4d22a75ed307869e5be","countryCode":"US","country":"United States","title":"Attorney General Vacatur of Matter of A-B- and Matter of L-E-A-","policyEffect":"Attorney General Merrick Garland vacated prior restrictive precedent decisions (Matter of A-B- and Matter of L-E-A-), reinstating broader eligibility for asylum claims based on domestic violence and family-based particular social groups (PSG).","operativeDate":"2021-06-16","year":2021,"affectedGroup":"Victims of gang and gender-based violence","materialConditionsAndExceptions":"Validated condition or limit: Attorney General Merrick Garland vacated prior restrictive precedent decisions (Matter of A-B- and Matter of L-E-A-), reinstating broader eligibility for asylum claims based on domestic violence and family-based particular social groups (PSG).","policyCategory":"Asylum / adjudication precedents","policyTool":"Legal interpretation / asylum criteria","sourceName":"Executive Office for Immigration Review, Department of Justice","sourceUrl":"https://www.justice.gov/eoir/page/file/1404616/dl","preciseCitation":"Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021) & Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021)","evidencePassage":"U.S. Department of Justice Office of the Associate Attorney General June 16, 2021 MEMORANDUM FOR THE CIVIL DIVISION FROM: Vanita Gupta tk..; Associate Attorney General RE: Impact of Attorney General decisions in Matter of L-E-A- and Matter of A-B- Today, Attorney General Merrick Garland vacated the previous Attorney General decisions in Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019) (\"L-E-A- 11\"), Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018) (\"A-B- I\"), and Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021) (\"A-B- II\"). Attorney General Garland's decisions instruct that Immigration Judges and the Board … of Immigration Appeals should no longer follow the vacated decisions and should instead revert to prior precedent. These decisions involve important questions about the meaning of our Nation's asylum laws, which reflect America's commitment to providing refuge to some of the world's most vulnerable people. Congress has authorized grants of asylum to those who, among other things, can show that they are fleeing persecution on account of their membership in a \"particular social group.\" 8 U.S.C. § 1101(a)(42)(A); see 8 U.S.C. § 1l 58(b)(l)(A), (B)(i). The now-vacated decisions in L-E-A- II, A-B- … circumstances in which a person should be considered a member of a 'particular social group.\"' Exec. Order No. 14010, § 4(c)(ii), 86 Fed. Reg. 8267, 8271 (Feb. 2, 2021). In today' s decisions, the Attorney General explains that he is vacating L-E-A- II, A-B- I, and A-B- II to return the law to its preexisting status pending the rulemaking process, which will allow these complex and important questions to be resolved with the benefit of full public comment. When the final rule is promulgated, it will govern these issues going forward. The Civil Division's Office of Immigration Litigation is responsible for defending the decisions of the Board of Immigration Appeals when they are challenged in the federal courts of appeals. Please review any pending cases that may be affected by the Attorney General's vacatur ofL-E-A- II, A-B- I, and A-B- II and take appropriate steps in light ofthat development, including seeking remands in appropriate cases to allow the Board to reconsider asylum claims based on this change in the law. 1 Thank you for your prompt attention to these matters, and for the Division's continuing work to ensure that all asylum claims-including those based on domestic violence, gang violence, or family relationships-are considered fairly, expeditiously, and in accordance with our Nation's laws. 2","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-a9c2584fe0b9bb96b7b5","countryCode":"US","country":"United States","title":"Attorney General Overruling of Matter of Castro-Tum and Restoration of Administrative Closure (Matter of Cruz-Valdez)","policyEffect":"Overruled Matter of Castro-Tum, restoring the general authority and discretion of Immigration Judges and the Board of Immigration Appeals (EOIR) to administratively close removal proceedings under the standards set in Matter of Avetisyan and Matter of W-Y-U-. Phase scope: Operative nationwide across all pending and future immigration court and BIA proceedings.","operativeDate":"2021-07-15","year":2021,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Removal or readmission","policyTool":"Legal interpretation","sourceName":"justice.gov","sourceUrl":"https://justice.gov/eoir/page/file/1412451/dl?inline=","preciseCitation":"Matter of CRUZ-VALDEZ, 28 I&N Dec. 326 (A.G. 2021), Interim Decision #4022","evidencePassage":"Cite as 28 I&N Dec. 326 (A.G. 2021) Interim Decision #4022 Matter of CRUZ-VALDEZ, Respondent Decided by Attorney General July 15, 2021 U.S. Department of Justice Office of the Attorney General (1) 0DWWHU\u0003RI\u0003&DVWURఇ7XP, 27 I&N Dec. 271 (A.G. 2018), is overruled in its entirety. (2) While rulemaking proceeds and except when a court of appeals has held otherwise, immigration judges and the Board should apply the standard for administrative closure set out in Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), and Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017). BEFORE THE ATTORNEY GENERAL Pursuant to 8 … C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer to me its decision in this matter. With the case thus referred, I hereby vacate the Board’s July 31, 2018, decision and remand the case to the Board for proceedings consistent with this opinion. I also overrule Attorney General Sessions’s opinion in 0DWWHU\u0003RI\u0003&DVWURఇ7XP, 27 I&N Dec. 271 (A.G. 2018), which concluded that the immigration courts’ use of the tool of administrative closure was not authorized. Administrative closure is “a docket management tool that is used to temporarily pause removal proceedings … Department of Justice is now engaged in a reconsideration of that regulation. Because &DVWURఇ7XP departed from long-standing practice, it is appropriate to overrule that opinion in its entirety and restore administrative closure pending the reconsideration of the 2020 rule through notice-and-comment rulemaking, which will “afford[] all interested parties a full and fair opportunity to participate and ensure[] that the relevant facts and analysis are collected and evaluated.” Matter of CRPSHDQ, 25 I&N Dec. 1, 2 (A.G. 2009). Accordingly, while the reconsideration proceeds and except when a court of appeals has held otherwise, immigration judges and the Board should apply the standard for administrative closure set out in Avetisyan and W-Y-U-. 329","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-f1-status-maintenance-20210720","countryCode":"US","country":"United States","title":"Repeated status-maintenance applications removed during eligible F-1 requests","policyEffect":"From July 20, 2021, USCIS no longer required subsequent extension or change-of-status applications while an application to change to F-1 student status was pending, provided the applicant held unexpired nonimmigrant status when filing the initial application and was otherwise eligible to change status. For approvable applications, F-1 status became effective on the approval date, even if more than 30 days before the programme start. Applicants still had to comply with F-1 restrictions during that interval, including the prohibition on on-campus employment more than 30 days before classes started.","operativeDate":"2021-07-20","year":2021,"affectedGroup":"Eligible nonimmigrants seeking a change to f-1 status with unexpired status at initial filing","materialConditionsAndExceptions":"Validated condition or limit: From July 20, 2021, USCIS no longer required subsequent extension or change-of-status applications while an application to change to F-1 student status was pending, provided the applicant held unexpired nonimmigrant status when filing the initial application and was otherwise eligible to change status.; For approvable applications, F-1 status became effective on the approval date, even if more than 30 days before the programme start.; Applicants still had to comply with F-1 restrictions during that interval, including the prohibition on on-campus employment more than 30 days before classes started.","policyCategory":"Student status","policyTool":"Status maintenance and approval timing","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210720-StudentsChangeOfStatus.pdf","preciseCitation":"POLICY ALERT - Change of Status to Nonimmigrant Student (F-1) Visa Classification","evidencePassage":"f an initial COS and subsequent extensions of such status so that the student would not have a “gap” in status. To limit costs to applicants and the government, USCIS no longer requires the applicant to submit subsequent applications for extension or change of nonimmigrant status while the COS application to F-1 status is pending with USCIS, provided that the applicant’s nonimmigrant status is unexpired at the time of filing the initial COS application and the applicant is otherwise eligible for a COS. To prevent a “gap” in status, USCIS will grant the COS to F-1 effective on the day of the CO … S approval. If an application is approved more than 30 days prior to the program start date, these nonimmigrants must ensure that they do not violate their F-1 status during that time. 2 An example of a violation would be engaging in unauthorized employment, including on-campus employment, more than 30 days prior to the start of classes. USCIS is in the process of revising the Application to Extend/Change Nonimmigrant Status (Form I- 539) to reflect these changes. This update replaces the current policy as stated in the form 1 See INA 248. 2 Violations of status include, among others, engaging … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 July 20, 2021 PA-2021-14 Policy Alert SUBJECT: Change of Status to Nonimmigrant Student (F-1) Visa Classification Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding applications for change of status (COS) to F-1 classification. Background The Immigration and Nationality Act (INA) provides certain nonimmigrants the opportunity to request a change to a different nonimmigrant classification for which they qualify. 1 USCIS has historica … in unauthorized employment and certain criminal activity. See 8 CFR 214.1. PA-2021-14: Change of Status to Nonimmigrant Student (F-1) Visa Classification Page: 2 instructions. This guidance, contained in Volume 2, is effective immediately and supersedes any prior guidance on the topic. Policy Highlights • Explains that for approvable COS applications, USCIS will grant F-1 status effective the date of approval, which may be earlier than 30 days before the program start date. • Updates maintenance of status requirements for nonimmigrants seeking a COS to F-1 status while their COS application i","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-d338da798a057c678f92","countryCode":"US","country":"United States","title":"Attorney General Vacatur of Matter of A-C-A-A- I (Matter of A-C-A-A- II)","policyEffect":"Vacated Matter of A-C-A-A- I, restoring the Board of Immigration Appeals' longstanding review practices in asylum adjudications, including case-by-case discretion to accept party stipulations and focus review only on contested elements rather than requiring de novo review of all statutory elements. Phase scope: Applies to all pending and future asylum adjudications before EOIR.","operativeDate":"2021-07-26","year":2021,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: Vacated Matter of A-C-A-A- I, restoring the Board of Immigration Appeals' longstanding review practices in asylum adjudications, including case-by-case discretion to accept party stipulations and focus review only on contested elements rather than requiring de novo review of all statutory elements.; Phase scope: Applies to all pending and future asylum adjudications before EOIR.","policyCategory":"Asylum or protection","policyTool":"Legal interpretation","sourceName":"justice.gov","sourceUrl":"https://justice.gov/eoir/page/file/1415401/dl","preciseCitation":"Matter of A-C-A-A-, 28 I&N Dec. 351 (A.G. 2021), Interim Decision #4024","evidencePassage":"Cite as 28 I&N Dec. 351 (A.G. 2021) Interim Decision #4024 Matter of A-C-A-A-, Respondent Decided by Attorney General July 26, 2021 U.S. Department of Justice Office of the Attorney General (1) Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020) (“A-C-A-A- I”), is vacated in its entirety. Immigration judges and the Board should no longer follow A-C-A-A- I in pending or future cases and should conduct proceedings consistent with this opinion and the opinions in Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021) (“L-E-A- III”), and Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021) (“A-B- III”). (2) The Board’s … longstanding review practices that A-C-A-A- I apparently prohibited, including its case-by-case discretion to rely on immigration court stipulations, are restored. BEFORE THE ATTORNEY GENERAL Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for my review. With the case thus referred, I hereby vacate Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020) (“A-C-A-A- I”). I recently vacated three of my predecessors’ decisions addressing asylum claims based on domestic or gang violence because those decisions attempted to answer the same … -A-A- I, 28 I&N Dec. at 88–89. I am therefore vacating the prior decision in its entirety to return these matters to the Board’s traditional case-by-case discretion. 352 Cite as 28 I&N Dec. 351 (A.G. 2021) Interim Decision #4024 Accordingly, I hereby vacate the decision in A-C-A-A- I and instruct that immigration judges and the Board should no longer follow A-C-A-A- I in pending or future cases. I remand this matter to the Board for further proceedings consistent with this opinion, and with the opinions in A-B- III and L-E-A- III. 353","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-afghan-military-medical-20210730","countryCode":"US","country":"United States","title":"Military civil-surgeon designation expanded for certain Afghan visa applicants","policyEffect":"From July 30, 2021, USCIS expanded the blanket civil-surgeon designation for eligible military physicians so they could complete required immigration medical examinations for certain Afghan special immigrant visa applicants and eligible family members in support of Operation Allies Refuge. The existing designation had covered US armed-forces members, veterans and their dependents; the expansion did not waive the medical examination.","operativeDate":"2021-07-30","year":2021,"affectedGroup":"Certain afghan special immigrant visa principal applicants and eligible family members supported through operation allies refuge","materialConditionsAndExceptions":"Validated condition or limit: From July 30, 2021, USCIS expanded the blanket civil-surgeon designation for eligible military physicians so they could complete required immigration medical examinations for certain Afghan special immigrant visa applicants and eligible family members in support of Operation Allies Refuge.","policyCategory":"Special immigrant processing","policyTool":"Medical-exam provider eligibility","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210730-CivilSurgeonDesignation.pdf","preciseCitation":"POLICY ALERT - Extension of Blanket Civil Surgeon Designation for Certain Afghan Special Immigrant Visa Applicants","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 July 30, 2021 PA-2021-16 Policy Alert SUBJECT: Extension of Blanket Civil Surgeon Designation for Certain Afghan Special Immigrant Visa Applicants Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the urgent need for additional civil surgeons to conduct immigration medical examinations in support of Operation Allies Refuge. 1 Background The blanket civil surgeon designation applicable to certain military physicians authorizes elig … ible military physicians to complete all parts of a required immigration medical examination for members and veterans of the U.S. armed forces and their dependents without applying for civil surgeon designation. In July 2021, the United States launched Operation Allies Refuge to support evacuation for certain eligible Afghan nationals and their families applying for special immigrant visas. 2 In order to expedite the completion of the required immigration medical examination, USCIS is extending the blanket civil surgeon designation to allow military physicians to complete the required immigrat … ion medical examination for these Afghan nationals seeking special immigrant visas. This guidance, contained in Volume 8 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Extends the blanket civil surgeon designation for military physicians to complete the medical examination for certain Afghan nationals (both principal applicants and eligible family members) seeking special immigrant visas. Citation: Volume 8: Admissibility, Part C, Civil Surgeon Designation and Revocation,","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-75bddd71d0dda98f833e","countryCode":"US","country":"United States","title":"New 2021 Haiti TPS designation expands eligibility","policyEffect":"The Department of Homeland Security designates Haiti for Temporary Protected Status (TPS) for an 18-month period, effective August 3, 2021, through February 3, 2023, providing eligible individuals with protection from removal and the ability to apply for work authorization. Applicants must submit Form I-821 along with the required $50 fee or request a fee waiver via Form I-912, and individuals aged 14 or older must pay the biometrics services fee unless waived. Applicants may also file Form I-765 to obtain an Employment Authorization Document (EAD) valid through February 3, 2023.","operativeDate":"2021-08-03","year":2021,"affectedGroup":"Eligible nationals of haiti (or individuals having no nationality who last habitually resided in haiti) who have continuously resided in the united states since july 29, 2021, and have been continuously physically present in the united states since august 3, 2021.","materialConditionsAndExceptions":"Validated condition or limit: The Department of Homeland Security designates Haiti for Temporary Protected Status (TPS) for an 18-month period, effective August 3, 2021, through February 3, 2023, providing eligible individuals with protection from removal and the ability to apply for work authorization.; Applicants must submit Form I-821 along with the required $50 fee or request a fee waiver via Form I-912, and individuals aged 14 or older must pay the biometrics services fee unless waived.","policyCategory":"Asylum or protection","policyTool":"New pathway","sourceName":"U.S. Department of Homeland Security","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2021/08/03/2021-16481.txt","preciseCitation":"Designation of Haiti for Temporary Protected Status, 86 Fed. Reg. 41863 (Aug. 3, 2021), FR Doc. 2021-16481","evidencePassage":"During the TPS designation period, TPS beneficiaries are eligible to remain in the United States, may not be removed, and are authorized to obtain EADs so long as they continue to meet the requirements of TPS. … The 18-month designation of Haiti for TPS is effective on August 3, 2021 and will remain in effect for 18 months, through February 3, 2023. … This designation allows eligible Haitian nationals (and individuals having no nationality who last habitually resided in Haiti) who have continuously resided in the United States since July 29, 2021, and who have been continuously physically present in the United States since August 3, 2021 to apply for TPS. … You must submit an Application for Temporary Protected Status (Form I-821) as a new applicant by selecting ``1.a This is my initial (first time) application for Temporary Protected Status (TPS). I do not currently have TPS,'' along with the required $50 fee for Form I-821 or request for fee waiver. … You may request a fee waiver by submitting a Request for a Fee Waiver (Form I-912). You must also pay the biometrics services fee if you are age 14 or older, unless USCIS grants a fee waiver. … TPS applicants who want to obtain an EAD valid through February 3, 2023 must file an Application for Employment Authorization (Form I-765) and pay the Form I-765 fee (or request a fee waiver by submitting a Request for a Fee Waiver (Form I-912)).","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-ff225df77dc415224c3c","countryCode":"US","country":"United States","title":"Extension of Initial TPS Registration Periods for Venezuela, Syria, and Burma","policyEffect":"Extended the initial registration period from 180 days to the full 18-month designation period for initial applicants seeking Temporary Protected Status under the designations for Venezuela, Syria, and Burma, allowing eligible individuals to apply at any time during the respective 18-month designation windows. Phase scope: Initial applicants under the 2021 Venezuela, Syria, and Burma TPS designations","operativeDate":"2021-08-04","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Extended the initial registration period from 180 days to the full 18-month designation period for initial applicants seeking Temporary Protected Status under the designations for Venezuela, Syria, and Burma, allowing eligible individuals to apply at any time during the respective 18-month designation windows.","policyCategory":"Humanitarian / protection","policyTool":"Filing procedure / deadline extension","sourceName":"U.S. Citizenship and Immigration Services, Department of Homeland Security","sourceUrl":"https://public-inspection.federalregister.gov/2021-16611.pdf?1627994729=","preciseCitation":"86 FR 41986 / CIS No. 2695-21 / RIN 1615-ZB89","evidencePassage":"Through this notice, the Department of Homeland Security (DHS) announces extensions of the initial registration periods from 180 days to 18 months for initial (new) applicants under the Temporary Protected Status (TPS) designations for Venezuela, Syria, and Burma.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-61244466b45a994663d37ef0","countryCode":"US","country":"United States","title":"implementing DED for Hong Kong through February 5, 2023","policyEffect":"implementing DED for Hong Kong through February 5, 2023","operativeDate":"2021-08-05","year":2021,"affectedGroup":"Hong kong residents ... present in the united states as of august 5, 2021","materialConditionsAndExceptions":"Recorded validated scope: Deferred Enforced Departure and employment authorization.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2021/10/21/2021-23012/implementation-of-employment-authorization-for-individuals-covered-by-deferred-enforced-departure","preciseCitation":"","evidencePassage":"Authorization for Individuals Covered by Deferred Enforced Departure for Hong Kong AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On August 5, 2021, President Joseph Biden issued a memorandum to the Secretary of State and the Secretary of Homeland Security (Secretary) directing the Secretary to take appropriate measures to defer for 18 months, through February 5, 2023, the removal of certain Hong Kong residents present in the United States. This Notice provides information about Deferred Enforced Departure (DED) for certain eligible Hong Kong residents and provides information on how eligible individuals may apply for DED-related Employment Authorization Documents (EADs) with USCIS. For the purposes of this Notice, a Hong Kong resident is defined as an individual of any nationality, or without nationality, who has met the requirements for, and been granted, a Hong Kong Special Administrative Region Passport, a British National Overseas Passport, a British Overseas Citizen Passport, a Hong Kong Permanent Identity card, or a Hong Kong Special Administrative Region (HKSAR) Document of Identity for Visa Purposes. DATES: DED and employment authorization for noncitizens covered under DED for Hong Kong is effective from August 5, 2021 through February 5, 2023. The procedures for employment authorization in this Notice apply only to noncitizens who are Hong Kong residents, who are present in the United States as of August 5, 2021, and who meet other eligibility criteria for DED described below. FOR FURTHER INFORMATION CONTACT: You may contact Andria Strano, Acting Division Chief, Office of Policy and Strategy, U.S. Citizenship and Immigration … for-certain-hong-kong-residents/</a>. Ur M. Jaddou, Director, U.S. Citizenship and Immigration Services. Eligibility and Employment Authorization for DED How will I know if I am eligible for employment authorization under the DED Presidential Memorandum for Hong Kong? The procedures for employment authorization in this Notice apply only to non-U.S. citizens who are Hong Kong residents (regardless of their country of birth), who are present in the United States as of August 5, 2021, except for noncitizens: <bullet> Who have voluntarily returned to Hong Kong or the People's Republic of China (PRC","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-art-legal-parent-20210805","countryCode":"US","country":"United States","title":"Legal-parent recognition expanded for children born abroad","policyEffect":"From August 5, 2021, USCIS considered a child born abroad to be born in wedlock for family-petition and citizenship purposes when the legal parents were married at the child’s birth and at least one had a genetic or gestational relationship to the child. The definition of child included the child of a US-citizen parent married at birth to the child’s genetic or legal gestational parent, if both were recognized as legal parents by the relevant jurisdiction, even if the citizen parent had no genetic or gestational relationship. Other citizenship and immigration eligibility requirements continued to apply.","operativeDate":"2021-08-05","year":2021,"affectedGroup":"Children born abroad and their legally recognized married parents meeting the specified genetic or gestational conditions","materialConditionsAndExceptions":"Validated condition or limit: From August 5, 2021, USCIS considered a child born abroad to be born in wedlock for family-petition and citizenship purposes when the legal parents were married at the child’s birth and at least one had a genetic or gestational relationship to the child.; Other citizenship and immigration eligibility requirements continued to apply.","policyCategory":"Family immigration and citizenship","policyTool":"Legal parent and in-wedlock definitions","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210805-AssistedReproductiveTechnology.pdf","preciseCitation":"POLICY ALERT - Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes","evidencePassage":"parent. This created a situation in which parents who did not meet the aforementioned criteria but had been recognized by the relevant jurisdiction as the legal and only parents of a child born through ART were not recognized as the child's parents for immigration purposes, and where their children were often considered to have been born out of wedlock. To remedy this situation, USCIS now considers a child to be born in wedlock when the child’s legal parents are married to one another at the time of birth and at least one of the legal parents has a genetic or gestational relationship to the c … hild. USCIS defines “child” to include the child of a U.S. citizen parent who is married to the child’s genetic or legal gestational parent at the time of the child’s birth if both parents are recognized by the relevant jurisdiction as the child’s legal parents. Children who meet these requirements, and whose application for a Certificate of Citizenship has been previously denied, may file a motion to reopen or reconsider the denial decision on a Notice of Appeal or Motion (Form I-290B). 3 1 See INA 301. See INA 309. See INA 320. 2 See Policy Alert, Effect of Assisted Reproductive Technology ( … uidance in the Policy Manual is controlling and supersedes any prior guidance on the topic. Policy Highlights • Explains that, for purposes of family-based petitions and acquiring citizenship, USCIS considers a child born outside the United States to be born in wedlock when the child’s legal parents are married to one another at the time of child's birth and at least one of the legal parents has a genetic or gestational relationship to the child. • Updates the definitions of child both in the family-based petition and the citizenship context. • Provides that the definition of child as clarifie … d in this update is applicable to all citizenship provisions, 4 and includes the child of a U.S. citizen parent who is married to the child’s genetic or legal gestational parent at the time of the child’s birth (even if no genetic or gestational relationship exists with the U.S. citizen parent), if both parents are recognized by the relevant jurisdiction as the child’s legal parents. Citation Volume 12: Citizenship and Naturalization, Part H, Children of U.S. Citizens [12 USCIS-PM H] (Chapters 2, 3, 4, and 5); and Volume 6, Immigrants, Part B, Family-Based Immigration, Chapter 8, Children, Son … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 August 5, 2021 PA-2021-17 Policy Alert SUBJECT: Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes Purpose U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding the determination of whether a child born outside the United States, including a child born through Assisted Reproductive Technology (ART), is considered born “in wedlock.” Background The Immigration and Nationality Act (INA) provides that … ART) on Immigration and Acquisition of Citizenship Under the Immigration and Nationality Act (INA), PA-2014-009 (October 28, 2014). 3 See 8 CFR 103.5. In order to naturalize under INA 322, a child must be under age 18. PA-2021-17: Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes Page: 2 This update to Volumes 6 and 12 of the Policy Manual is effective immediately and replaces the related guidance found in Chapters 21.4(a), (c) (subsection “Assisted Reproductive Technology”), (d)(1), and (d)(4) of the Adjudicator’s Field Manual (AFM). The g","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-parole-ead-guidance-rescission-20210812","countryCode":"US","country":"United States","title":"2019 discretionary work-authorization guidance for parolees rescinded","policyEffect":"From August 12, 2021, USCIS rescinded its August 19, 2019 policy guidance on discretionary employment authorization for noncitizens paroled into the United States. The rescinded guidance had been issued in response to presidential documents and a national emergency that were revoked or terminated in 2021. The change withdrew that guidance; it did not state that every parolee automatically received work authorization.","operativeDate":"2021-08-12","year":2021,"affectedGroup":"Noncitizens paroled into the united states subject to the 2019 discretionary employment-authorization guidance","materialConditionsAndExceptions":"","policyCategory":"Humanitarian parole and employment","policyTool":"Rescission of adjudication guidance","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210812-EmploymentAuthorizationForParolees.pdf","preciseCitation":"POLICY ALERT - Rescinding Guidance on Discretionary Employment Authorization for Parolees","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 August 12, 2021 PA-2021-18 Policy Alert SUBJECT: Rescinding Guidance on Discretionary Employment Authorization for Parolees Purpose U.S. Citizenship and Immigration Services (USCIS) is rescinding policy guidance in the USCIS Policy Manual on discretionary employment authorization for parolees. Background In 2019, USCIS published guidance in the Policy Manual to address USCIS’ discretion to grant employment authorization to noncitizens paroled into the United States. 1 This guidance was issued in respon … se to a 2019 presidential proclamation and related national emergency and a 2017 executive order. The President terminated the national emergency and revoked these presidential documents in 2021. 2 As the guidance on employment authorization for parolees was issued in response to the terminated national emergency and revoked presidential documents, USCIS is now rescinding the guidance. This Policy Manual update is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Rescinds guidance on dis … cretionary employment authorization for parolees in Volume 10 and relocates general information regarding parole to Volume 3. • Removes references to revoked presidential documents throughout the Policy Manual. Citation Volume 10: Employment Authorization, Part B, Specific Categories, Chapter 2, Parolees [10 USCIS-PM B.2]; Volume 3, Humanitarian Protection and Parole, Part F, Parolees, Chapter 1, Purpose and Background [3 USCIS-PM F.1]; Volume 1, General Policies and Procedures, Part C, Biometrics and Security Checks, Chapter 1, Purpose and Background [1 USCIS-PM C.1]. 1 See Employment Authori","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-i693-four-year-window-20210812","countryCode":"US","country":"United States","title":"Temporary four-year validity allowed for qualifying medical reports","policyEffect":"From August 12 through September 30, 2021, USCIS temporarily extended the evidentiary validity of otherwise-valid Forms I-693 from two years to up to four years after the civil surgeon signed. The signature had to be dated no more than 60 days before the applicant filed Form I-485, and the decision on Form I-485 had to be issued on or before September 30, 2021.","operativeDate":"2021-08-12","year":2021,"affectedGroup":"Adjustment applicants with otherwise-valid forms i-693 and decisions issued during the temporary window","materialConditionsAndExceptions":"Validated condition or limit: From August 12 through September 30, 2021, USCIS temporarily extended the evidentiary validity of otherwise-valid Forms I-693 from two years to up to four years after the civil surgeon signed.; The signature had to be dated no more than 60 days before the applicant filed Form I-485, and the decision on Form I-485 had to be issued on or before September 30, 2021.","policyCategory":"Health-related immigration requirements","policyTool":"Medical-report validity","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210812-I-693ValidityPeriod.pdf","preciseCitation":"POLICY ALERT - Temporary Extension of Validity Period of Report of Medical Examination and Vaccination Record (Form I-693)","evidencePassage":"with completing the immigration medical examination. To address these issues, USCIS is temporarily extending the validity period of an otherwise valid Form I-693. This temporary extension of the Form I-693’s validity period is effective August 12, 2021 through September 30, 2021, and supersedes any related prior guidance on the topic during that time. Policy Highlights • Temporarily extends the validity period of an otherwise valid Form I-693 in cases where: o The civil surgeon’s signature on Form I-693 is dated no more than 60 days before the applicant files Form I-485; o No more than 4 year … s have passed since the date of the civil surgeon’s signature; and 1 See INA 232 and 8 CFR 232 (immigration medical examination). See INA 212(a)(1) (health-related grounds of inadmissibility). PA-2021-19: Temporary Extension of Validity Period of Report of Medical Examination and Vaccination Record (Form I-693) Page: 2 o The decision on Form I-485 is issued on or before September 30, 2021. Citation Volume 8: Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 4, Review of Medical Examination Documentation [8 USCIS-PM B.4].","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-cf7eca224b786f241950","countryCode":"US","country":"United States","title":"DHS further extends asylum interview interpreter rule","policyEffect":"DHS extended the temporary asylum interview interpreter rule from September 20, 2021 through March 16, 2022.","operativeDate":"2021-09-20","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Humanitarian","policyTool":"Processing","sourceName":"Federal Register 86 FR 51781","sourceUrl":"https://www.federalregister.gov/documents/2021/09/17/2021-20161/asylum-interview-interpreter-requirement-modification-due-to-covid-19","preciseCitation":"Federal Register 86 FR 51781. DHS further extends asylum interview interpreter rule. Effective 2021-09-20.","evidencePassage":"Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Temporary final rule; extension. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security (DHS) is extending for a second time the effective date (for 180 days) of its temporary final rule that modified certain regulatory requirements to help ensure that USCIS may continue with affirmative asylum adjudications during the COVID-19 pandemic. This rule also provides that if a USCIS interpreter is unavailable, USCIS will either reschedule the interview and attribute the interview delay to USCIS for the purposes of the asylum employment authorization regulation, or USCIS may, in its discretion, allow the applicant to provide an interpreter. DATES: This temporary final rule is effective from September 20, 2021, through March 16, 2022. As of September 20, 2021, the expiration date of the temporary final rule published at 85 FR 59655 (Sept. 23, 2020), which was extended at 86 FR 15072 (Mar. 22, 2021), is further extended from September 20, 2021, to March 16, 2022. FOR FURTHER INFORMATION CONTACT: Andria Strano, Acting Chief, Division of Humanitarian … Effective from September 20, 2021, through March 16, 2022, amend Sec. 208.9 by revising paragraphs (h) introductory text and (h)(1)(i) to read as follows: Sec. 208.9 Procedure for interview before an asylum officer. * * * * * (h) Asylum applicant interpreters. For asylum interviews conducted between September 21, 2021, through March 16, 2022: (1) * * * (i) If a USCIS interpreter is unavailable, USCIS will either reschedule the interview and attribute the interview delay to USCIS for the purposes of employment authorization pursuant to Sec. 208.7, or USCIS may, in its discretion, allow the applicant","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-a2d4579321ca2e50313d","countryCode":"US","country":"United States","title":"COVID-19 vaccination required for immigration medical exams, with waivers","policyEffect":"For Forms I-693 signed by a civil surgeon on or after October 1, 2021, applicants subject to the immigration medical examination generally had to complete the COVID-19 vaccination series and provide vaccination documentation before the civil surgeon completed the examination and signed the form. A blanket waiver could apply if vaccination was not age appropriate, was contraindicated, was not routinely available in the state where the civil surgeon practised, or was in limited supply that would cause significant delay.","operativeDate":"2021-10-01","year":2021,"affectedGroup":"Applicants subject to immigration medical examinations using form i-693, with stated blanket-waiver exceptions","materialConditionsAndExceptions":"Validated condition or limit: For Forms I-693 signed by a civil surgeon on or after October 1, 2021, applicants subject to the immigration medical examination generally had to complete the COVID-19 vaccination series and provide vaccination documentation before the civil surgeon completed the examination and signed the form.; A blanket waiver could apply if vaccination was not age appropriate, was contraindicated, was not routinely available in the state where the civil surgeon practised, or was in limited supply that would cause significant delay.","policyCategory":"Health-related immigration requirements","policyTool":"Vaccination requirement","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210914-COVIDVaccinationRequirement.pdf","preciseCitation":"POLICY ALERT - COVID-19 Vaccination Requirement for Immigration Medical Examination","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 September 14, 2021 PA-2021-20 Policy Alert SUBJECT: COVID-19 Vaccination Requirement for Immigration Medical Examination Purpose U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding health-related grounds of inadmissibility in accordance with recently updated requirements issued by the Centers for Disease Control and Prevention (CDC). The updated guidance, which is effective October 1, 2021, requires applicants subject to the immigration medical examination to submit COVID-19 vaccination records before completion of immigration medical examinations conducted in the United States and overseas. Background In general, those applying to become a lawful permanent resident, and other applicants as required, must undergo an immigration medical examination to show they are free from any conditions that would render them inadmissible under health-related grounds. 1 USCIS designates eligible physicians as civil surgeons to perform this immigration medical examination for those applying within the United States using the Report of Medical Examination and Vaccination Record (Form I-693). On August 17, 2021, the CDC released an update to the Vaccination Technical Instructions for Civil Surgeons, requiring applicants subject to the immigration medical examination to complete the COVID-19 vaccine series (currently one or two doses, depending on formulation) and provide documentation of vaccination to the civil surgeon before completion of the immigration medical examination. This update, contained in Volumes 8 and 9 of the Policy Manual, is effective October 1, 2021, and applies prospectively to all Forms I-693 signed by a civil surgeon on … or after that date. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Explains that, beginning October 1, 2021, applicants who are required to undergo the immigration medical examination must complete the COVID-19 vaccine series before the civil surgeon can complete the immigration medical examination and sign Form I-693. 1 See INA 232 and 8 CFR 232 (immigration medical examination). See INA 212(a)(1) (health-related grounds of inadmissibility). PA-2021-20: COVID-19 Vaccination Requirement for Immigration Medical Examination Page: 2 • Explains that the civil surgeon may indicate that a blanket waiver could apply in cases where the COVID-19 vaccine is not age appropriate, where it is contraindicated, or where it is not routinely available in the state where the civil surgeon practices or where it is limited in supply and would cause significant delay for the applicant to receive the vaccination. Citation Volume 8: Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 9, Vaccination Requirement [8 USCIS-PM B.9]; and Volume 9: Waivers and Other Forms of Relief, Part D, Health-Related Grounds of","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-e1d72aec2502f40708a9","countryCode":"US","country":"United States","title":"President sets FY2022 refugee admissions ceiling at 125,000","policyEffect":"The FY2022 presidential determination authorized up to 125,000 refugee admissions, substantially increasing the annual refugee ceiling.","operativeDate":"2021-10-01","year":2021,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: The FY2022 presidential determination authorized up to 125,000 refugee admissions, substantially increasing the annual refugee ceiling.","policyCategory":"Humanitarian","policyTool":"Cap quota","sourceName":"Federal Register, Presidential Determination on Refugee Admissions for Fiscal Year 2022","sourceUrl":"https://www.federalregister.gov/documents/2021/10/18/2021-22760/presidential-determination-on-refugee-admissions-for-fiscal-year-2022","preciseCitation":"Federal Register, Presidential Determination on Refugee Admissions for Fiscal Year 2022. President sets FY2022 refugee admissions ceiling at 125,000. Effective 2021-10-01.","evidencePassage":"the authority vested in me as President by the Constitution and the laws of the United States, in accordance with section 207 of the Immigration and Nationality Act (the ``Act'') (8 U.S.C. 1157), and after appropriate consultations with the Congress, I hereby make the following determinations and authorize the following actions: The admission of up to 125,000 refugees to the United States during Fiscal Year (FY) 2022 is justified by humanitarian concerns or is otherwise in the national interest. The admissions numbers shall be allocated among refugees of special humanitarian concern to the United … determine that assistance to or on behalf of persons applying for admission to the United States as part of the overseas refugee admissions program will contribute to the foreign policy interests of the United States and designate such persons for this purpose. Consistent with section 101(a)(42) of the Act (8 U.S.C. 1101(a)(42)), and after appropriate consultation with the Congress, I also specify that, for FY 2022, the following persons may, if otherwise qualified, be considered refugees for the purpose of admission to the United States within their countries of nationality or habitual residence: [[","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ce509eeecfba9e1a2726","countryCode":"US","country":"United States","title":"T derivative family relationships assessed at favorable adjudication","policyEffect":"From October 20, 2021, USCIS applied the Medina Tovar decision nationwide to qualifying family relationships in T nonimmigrant-status applications. For a spousal or stepparent-and-stepchild relationship between a principal T applicant and a qualifying family member, USCIS assessed whether the relationship existed when the principal application was favorably adjudicated, rather than when it was filed. Other T-status eligibility requirements remained applicable.","operativeDate":"2021-10-20","year":2021,"affectedGroup":"Principal t nonimmigrant-status applicants and qualifying spouses or stepfamily members","materialConditionsAndExceptions":"Validated condition or limit: Other T-status eligibility requirements remained applicable.","policyCategory":"Trafficking-victim immigration","policyTool":"Timing of qualifying derivative relationships","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211020-VictimsOfTrafficking.pdf","preciseCitation":"POLICY ALERT - T Nonimmigrant Status for Victims of Severe Forms of Trafficking in Persons","evidencePassage":"between the original victimization and the applicant’s continuing presence in the United States when evaluating the physical presence eligibility requirement. 3 • Clarifies how USCIS evaluates involuntary servitude claims, including conditions of servitude induced by domestic violence, as well as victimization that may occur during a voluntary smuggling arrangement. • Clarifies how USCIS defines the term “harboring,” an enumerated action under the federal definition 4 of severe form of trafficking in persons. • Explains that USCIS is adopting the decision issued by the Ninth Circuit in Medina Tovar v. Zuchowski, a case involving adjudication of petitions for U nonimmigrant status, for nationwide application in the adjudication of applications for T nonimmigrant status. 5 Therefore, when evaluating a spousal or stepparent and stepchild relationship between the principal T nonimmigrant applicant and a qualifying family member, USCIS evaluates whether the relationship existed at the time the principal application was favorably adjudicated, rather than when the principal application was filed. • Clarifies that principal T nonimmigrants seeking to adjust status may present their Arrival/Departure","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-geographic-restrictions-ended-20211108","countryCode":"US","country":"United States","title":"COVID-19 geographic entry restrictions ended","policyEffect":"Proclamation 10294 revoked Proclamations 9984, 9992, 10143 and 10199 from November 8, 2021, ending their entry restrictions based on recent presence in China, Iran, the Schengen Area, the United Kingdom, Ireland, Brazil, South Africa and India. This did not remove other applicable entry requirements.","operativeDate":"2021-11-08","year":2021,"affectedGroup":"Travelers subject to the revoked geographic entry restrictions","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"Government Publishing Office","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2021-10-28/html/2021-23645.htm","preciseCitation":"Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic; Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019; Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019","evidencePassage":"roclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: Section 1. Revocation of Country-Specific Suspensions and Limitations on Entry. Proclamation 9984 of January 31, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk), Proclamation 9992 of February 29, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Add … itional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus), Proclamation 10143 of January 25, 2021 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019), and Proclamation 10199 of April 30, 2021 (Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019), are revoked. Sec. 2. Global Suspension and Limitation on Entry of Certain Individuals Who Are Not Fully Vaccinated Against COVID-19. (a) The entry into the United States by air t … s to move away from the country-by-country restrictions previously applied during the COVID-19 pandemic and to adopt an air travel policy that relies primarily on vaccination to advance the [[Page 59604]] safe resumption of international air travel to the United States. This proclamation governs the entry into the United States of noncitizen nonimmigrants--that is, noncitizens who are visiting the United States or otherwise being admitted temporarily--traveling to the United States by air. It suspends the entry of unvaccinated noncitizen nonimmigrants, except in limited circumstances, and it e … ation, such as United States citizens, lawful permanent residents, or noncitizens traveling on immigrant visas. Sec. 5. Termination. This proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services shall, as circumstances warrant and no more than 60 days after the date of this proclamation and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation. Sec. 6. Effective Date. This proclamation is effective at 12:01 a.m. eastern standard time on November 8, 2021 … . This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern standard time on November 8, 2021. Sec. 7. Severability. It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States. Accordingly, if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-air-entry-vaccination-20211108","countryCode":"US","country":"United States","title":"COVID-19 vaccination condition for nonimmigrant air entry","policyEffect":"From November 8, 2021, entry by air into the United States was suspended and limited for noncitizen nonimmigrants who were not fully vaccinated against COVID-19, subject to specified exceptions. The restriction applied to air entry and did not affect visa issuance. Flights departing before the effective time were excepted.","operativeDate":"2021-11-08","year":2021,"affectedGroup":"Noncitizen nonimmigrant air travelers, subject to the proclamation’s exceptions","materialConditionsAndExceptions":"Validated condition or limit: From November 8, 2021, entry by air into the United States was suspended and limited for noncitizen nonimmigrants who were not fully vaccinated against COVID-19, subject to specified exceptions.; The restriction applied to air entry and did not affect visa issuance.; Flights departing before the effective time were excepted.","policyCategory":"Migration policy","policyTool":"","sourceName":"Government Publishing Office","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2021-10-28/html/2021-23645.htm","preciseCitation":"Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic","evidencePassage":"s to move away from the country-by-country restrictions previously applied during the COVID-19 pandemic and to adopt an air travel policy that relies primarily on vaccination to advance the [[Page 59604]] safe resumption of international air travel to the United States. This proclamation governs the entry into the United States of noncitizen nonimmigrants--that is, noncitizens who are visiting the United States or otherwise being admitted temporarily--traveling to the United States by air. It suspends the entry of unvaccinated noncitizen nonimmigrants, except in limited circumstances, and it e … ravel of noncitizens who are nonimmigrants and who are not fully vaccinated against COVID-19 is suspended and limited, except as provided in section 3 of this proclamation. This suspension and limitation [[Page 59605]] on entry applies only to air travelers to the United States and does not affect visa issuance. (b) Any noncitizen who is a nonimmigrant, who is not fully vaccinated against COVID-19, and who, notwithstanding section 2(a) of this proclamation, is permitted to enter the United States by air travel pursuant to section 3(b) of this proclamation must agree to comply with applicable p … herwise determines that COVID-19 vaccination is not warranted for the noncitizen. Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension and limitations on entry in section 2 of this proclamation shall not apply to any noncitizen seeking entry as a crew member of an airline or other aircraft operator if such crew member or operator adheres to all industry standard protocols for the prevention of COVID-19, as set forth in relevant guidance for crew member health issued by the CDC or by the Federal Aviation Administration in coordination with the CDC. (b) The suspension and limi … tations on entry in section 2(a) of this proclamation shall not apply to: (i) any noncitizen seeking entry into or transiting the United States pursuant to one of the following nonimmigrant visa classifications: A-1, A- 2, C-2, C-3 (as a foreign government official or immediate family member [[Page 59606]] of an official), E-1 (as an employee of TECRO or TECO or the employee's immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO classifications); (ii) any noncitizen whose travel falls within the scope of sec … tion 11 of the United Nations Headquarters Agreement or who is traveling pursuant to United States legal obligation (as evidenced by a letter of invitation from the United Nations or other documentation showing the purpose of such travel); (iii) any noncitizen for whom, given their age, requiring vaccination would be inappropriate, as determined by the Director of the CDC, taking into account global vaccine availability for individuals in that age group; (iv) any noncitizen who has participated or is participating in certain clinical trials for COVID-19 vaccination, as determined by the Direct … or of the CDC; (v) any noncitizen for whom accepted COVID-19 vaccination is medically contraindicated, as determined by the Director of the CDC; (vi) any noncitizen who has been granted an exception by the Director of the CDC for humanitarian or emergency reasons, as determined by the Director of the CDC; (vii) any noncitizen who is a citizen of a foreign country where the availability of COVID-19 vaccination is limited, as identified pursuant to section 4(a)(v) of this proclamation, and who seeks to enter the United States pursuant to a nonimmigrant visa, except for a B-1 or B-2 visa; (viii) … any noncitizen who is a member of the United States Armed Forces or who is a spouse or child of a member of the United States Armed Forces; (ix) any noncitizen seeking entry as a sea crew member traveling pursuant to a C-1 and D nonimmigrant visa, if such crew member adheres to all industry standard protocols for the prevention of COVID-19, as set forth in relevant guidance for crew member health by the CDC; or (x) any noncitizen or group of noncitizens whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Transportation, the Secretary of Home … ation, such as United States citizens, lawful permanent residents, or noncitizens traveling on immigrant visas. Sec. 5. Termination. This proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services shall, as circumstances warrant and no more than 60 days after the date of this proclamation and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation. Sec. 6. Effective Date. This proclamation is effective at 12:01 a.m. eastern standard time on November 8, 2021","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-155acfc597ec3f074edb","countryCode":"US","country":"United States","title":"Any qualifying service period may support wartime military naturalization","policyEffect":"From November 12, 2021, USCIS no longer required the qualifying military service for naturalization under INA 329 to be the current or most recent period of service. An applicant separated under honorable conditions after a qualifying period could remain eligible under INA 329 even if a different period ended with another type of discharge. Other eligibility requirements continued to apply. This change did not remove the separate INA 328 requirement that an applicant never have been separated except under honorable conditions.","operativeDate":"2021-11-12","year":2021,"affectedGroup":"Current or former us armed-forces members seeking naturalization under ina 329","materialConditionsAndExceptions":"Validated condition or limit: From November 12, 2021, USCIS no longer required the qualifying military service for naturalization under INA 329 to be the current or most recent period of service.; An applicant separated under honorable conditions after a qualifying period could remain eligible under INA 329 even if a different period ended with another type of discharge.; Other eligibility requirements continued to apply.; This change did not remove the separate INA 328 requirement that an applicant never have been separated except under honorable conditions.","policyCategory":"Military naturalization","policyTool":"Qualifying service period","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211112-MilitaryNaturalization.pdf","preciseCitation":"POLICY ALERT - Clarifying Guidance on Military Service Members and Naturalization","evidencePassage":"This update is part of the U.S. Department of Homeland Security (DHS) initiative to conduct a review of policies and practices to ensure that all eligible current and former noncitizen service members and the families of service members are able to remain in or return to the United States, to remove barriers to naturalization for those eligible, and improve access to immigration services.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-spouse-ead-extension-20211112","countryCode":"US","country":"United States","title":"Automatic EAD renewal extension extended to qualifying H-4, E and L spouses","policyEffect":"From November 12, 2021, qualifying H-4, E and L dependent spouses received automatic extensions of existing employment authorization and EADs when they properly filed renewal applications before their EADs expired and held unexpired Forms I-94 showing the relevant status. The extension ended at the earliest of the I-94 end date, approval or denial of the renewal, or 180 days after the previous EAD expired. For Form I-9, the evidence was the unexpired I-94, the timely-renewal Form I-797C and the expired EAD in the corresponding A17, A18 or C26 category.","operativeDate":"2021-11-12","year":2021,"affectedGroup":"H-4, e and l dependent spouses with timely ead renewals and unexpired corresponding nonimmigrant status","materialConditionsAndExceptions":"Validated condition or limit: From November 12, 2021, qualifying H-4, E and L dependent spouses received automatic extensions of existing employment authorization and EADs when they properly filed renewal applications before their EADs expired and held unexpired Forms I-94 showing the relevant status.; The extension ended at the earliest of the I-94 end date, approval or denial of the renewal, or 180 days after the previous EAD expired.","policyCategory":"Dependent-spouse employment authorization","policyTool":"Automatic renewal extension","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211112-EmploymentAuthorization.pdf","preciseCitation":"USCIS Policy Alert PA-2021-25: Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 November 12, 2021 PA-2021-25 Policy Alert SUBJECT: Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses. USCIS is also rescinding the 2002 Legacy Immigration and Naturalization Service memorandum entitled, “Guidance on Employment Authorization for E … and L Nonimmigrant Spouses, and for Determinations on the Requisite Employment Abroad for L Blanket Petition” (2002 INS memorandum). 1 Background The regulations at 8 CFR 274a.13(d) provide that employment authorization, Employment Authorization Documents (Form I-766 or EAD), or both, may be automatically extended in certain circumstances. After considering public comments received in response to the Identifying Barriers Across USCIS Benefits and Services; Request for Public Input, 2 USCIS is updating its interpretation and implementation of 8 CFR 274a.13(d) to provide that certain H-4, E, or … L dependent spouses will qualify for the automatic extension provided under this regulatory provision if certain conditions are met. Accordingly, a document combination to include an unexpired Form I-94, Form I-797C (Notice of Action) showing a timely-filed EAD renewal application, and facially expired EAD may be acceptable to evidence unexpired employment authorization for Employment Eligibility Verification (Form I-9) purposes. In addition, USCIS is also clarifying that it will consider E and L dependent spouses to be employment authorized incident to their valid E or L nonimmigrant status. … s can be distinguished from E and L dependent children on the face of the document. Once these changes are made, the revised Form I-94 containing a notation indicating that the bearer is an E or L dependent spouse will be acceptable as evidence of employment authorization under List C of Form I-9. This guidance, contained in Volume 10 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Provides that certain H-4, E, or L dependent spouses qualify for automatic extension of their … existing employment authorization and accompanying EAD if they properly filed an application to renew their H-4, E, or L-based EAD before it expires, and they have an unexpired Form I-94 showing their status as an H-4, E, or L nonimmigrant, as applicable. • Provides that the automatic extension of the EAD will continue until the earlier of: the end date on Form I-94 showing valid status, the approval or denial of the EAD renewal application, or 180 days from the date of expiration of the previous EAD. • Provides that the following combination of documents evidence the automatic extension of t … he previous EAD, and are acceptable to present to employers for Form I-9 purposes: Form I-94 indicating the unexpired nonimmigrant status (H-4, E, or L), Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(17),” “(a)(18),” or “(c)(26),” and the facially expired EAD issued under the same category (that is, indicating Category A17, A18, or C26). • Provides that E and L dependent spouses are employment authorized incident to their status and therefore they are no longer required to request employment authorization by filing Form I-765 but may cont","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-cc3dcd96626ec011f807","countryCode":"US","country":"United States","title":"E and L dependent spouses recognized as work-authorized by status","policyEffect":"From November 12, 2021, USCIS treated qualifying E and L dependent spouses as employment authorized incident to their valid nonimmigrant status, replacing the prior requirement to obtain authorization through a Form I-765 adjudication. They could still request an Employment Authorization Document. Until Form I-94 was revised to distinguish spouses from dependent children, an I-94 showing only E or L status was insufficient for Form I-9, and spouses still needed an EAD as employment-authorization evidence for employers. The incident-to-status policy excluded dependents of TECRO and TECO employees and spouses of E-2 CNMI investors.","operativeDate":"2021-11-12","year":2021,"affectedGroup":"Qualifying e and l dependent spouses, excluding tecro/teco dependents and spouses of e-2 cnmi investors","materialConditionsAndExceptions":"Validated condition or limit: From November 12, 2021, USCIS treated qualifying E and L dependent spouses as employment authorized incident to their valid nonimmigrant status, replacing the prior requirement to obtain authorization through a Form I-765 adjudication.; Until Form I-94 was revised to distinguish spouses from dependent children, an I-94 showing only E or L status was insufficient for Form I-9, and spouses still needed an EAD as employment-authorization evidence for employers.","policyCategory":"Dependent-spouse employment authorization","policyTool":"Employment authorization incident to status","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211112-EmploymentAuthorization.pdf","preciseCitation":"USCIS Policy Alert PA-2021-25: Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses","evidencePassage":"L dependent spouses will qualify for the automatic extension provided under this regulatory provision if certain conditions are met. Accordingly, a document combination to include an unexpired Form I-94, Form I-797C (Notice of Action) showing a timely-filed EAD renewal application, and facially expired EAD may be acceptable to evidence unexpired employment authorization for Employment Eligibility Verification (Form I-9) purposes. In addition, USCIS is also clarifying that it will consider E and L dependent spouses to be employment authorized incident to their valid E or L nonimmigrant status. … authorization by filing an Application for Employment Authorization (Form I- 765) and receive an EAD before beginning employment. Therefore, the 2002 INS memorandum is superseded by this updated policy guidance. USCIS will continue to issue E and L dependent spouses EADs upon request via Form I-765; such EADs are acceptable for Employment Eligibility Verification (Form I-9) as List A documents (documents evidencing both employment authorization and identity). DHS will immediately take steps to modify Forms I-94 evidencing nonimmigrant status issued to E and L dependents so that E and L dependent spouses … the previous EAD, and are acceptable to present to employers for Form I-9 purposes: Form I-94 indicating the unexpired nonimmigrant status (H-4, E, or L), Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(17),” “(a)(18),” or “(c)(26),” and the facially expired EAD issued under the same category (that is, indicating Category A17, A18, or C26). • Provides that E and L dependent spouses are employment authorized incident to their status and therefore they are no longer required to request employment authorization by filing Form I-765 but may continue … Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses Page: 7 the statute, it is also a permissible interpretation to deem these individuals employment authorized incident to status and to rely upon other documentation, such as a clearly endorsed I-94 combined with a valid identity document, to fulfill the statutory requirement to “provide the spouse with an ‘employment authorized’ endorsement or other appropriate work permit.” After careful consideration, USCIS has concluded that to continue to adhere to the case-by-case policy despite the high risk of gaps in employment authorization will result in USCIS’ failure to meet the directive under the statute to grant employment authorization to this population. Therefore, in order to meet its statutory obligation, USCIS is changing its current policy requiring case-by-case adjudication of requests of employment authorization and instead will deem E and L dependent spouses employment authorized incident to their E and L nonimmigrant status. 20 USCIS believes that this change would help reduce backlogs by eliminating the Form I-765 requirement for E and L dependent spouses prior to being eligible to engage in","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"screening-69ec75af5669cfa6f952","countryCode":"US","country":"United States","title":"Suspension of Entry for Noncitizens Present in Southern African Countries","policyEffect":"Suspension and limitation of entry into the United States as immigrants or nonimmigrants for noncitizens physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding entry or attempted entry, subject to the proclamation’s exceptions.","operativeDate":"2021-11-29","year":2021,"affectedGroup":"Noncitizens of the united states who were physically present within the republic of botswana, the kingdom of eswatini, the kingdom of lesotho, the republic of malawi, the republic of mozambique, the republic of namibia, the republic of south africa, and the republic of zimbabwe during the 14-day period preceding their entry or attempted entry into the united states.","materialConditionsAndExceptions":"Validated condition or limit: Suspension and limitation of entry into the United States as immigrants or nonimmigrants for noncitizens physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding entry or attempted entry, subject to the proclamation’s exceptions.","policyCategory":"Migration policy","policyTool":"","sourceName":"Government Publishing Office","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2021-12-01/html/2021-26253.htm","preciseCitation":"Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019","evidencePassage":"uspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation. Sec. 2. Scope of Suspension and Limitation on Entry. (a) Section 1 of this … uspend and restrict the entry into the United States, as immigrants and nonimmigrants, of noncitizens of the United States (``noncitizens'') who were physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding their entry or attempted entry into the United States. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution a … affect any other suspension, limitation, or restriction on entry. Sec. 5. Termination. This proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services shall, as circumstances warrant and no more than 30 days after the date of this proclamation and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation. Sec. 6. Effective Date. This proclamation is effective at 12:01 a.m. eastern standard time on November 29, 2021. This proclamation does not apply to person","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-i693-signature-waiver-20211209","countryCode":"US","country":"United States","title":"Medical-report signature timing rule temporarily waived","policyEffect":"From December 9, 2021, USCIS temporarily waived the requirement that the civil surgeon sign an otherwise-valid Form I-693 no more than 60 days before the applicant filed the underlying immigration-benefit application. The waiver applied to Forms I-693 associated with applications that had not been adjudicated, regardless of when the application was submitted or the form signed. The announcement specified September 30, 2022 as the waiver end date; the two-year evidentiary validity period remained a separate condition.","operativeDate":"2021-12-09","year":2021,"affectedGroup":"Applicants with unadjudicated underlying immigration-benefit applications and otherwise-valid forms i-693","materialConditionsAndExceptions":"Validated condition or limit: From December 9, 2021, USCIS temporarily waived the requirement that the civil surgeon sign an otherwise-valid Form I-693 no more than 60 days before the applicant filed the underlying immigration-benefit application.","policyCategory":"Health-related immigration requirements","policyTool":"Medical-report signature timing","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211209-I-693FilingReqt.pdf","preciseCitation":"POLICY ALERT - Temporary Waiver of “60-Day Rule” for Report of Medical Examination and Vaccination Record (Form I-693)","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 December 9, 2021 PA-2021-29 Policy Alert SUBJECT: Temporary Waiver of “60-Day Rule” for Report of Medical Examination and Vaccination Record (Form I-693) Purpose U.S. Citizenship and Immigration Services (USCIS) is temporarily waiving the requirement that the civil surgeon’s signature on the Report of Medical Examination and Vaccination Record (Form I- 693) be dated no more than 60 days before an applicant files the application for the underlying immigration benefit. Background In general, those applyi … has experienced delays in all aspects of operations. Applicants have also experienced difficulties beyond their control, including delays with completing the immigration medical examination. To address these issues, USCIS is temporarily waiving the requirement that the civil surgeon’s signature be dated no more than 60 days before the applicant files the application for the underlying immigration benefit. This temporary waiver, effective December 9, 2021 until September 30, 2022, applies to all Forms I- 693 associated with applications for underlying immigration benefits that have not been ad … judicated, regardless of when the application was submitted or when the Form I-693 was signed. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. 1 See INA 232 and 8 CFR 232 (immigration medical examination). See INA 212(a)(1) (health-related grounds of inadmissibility). PA-2021-29: Temporary Waiver of “60-Day Rule” for Report of Medical Examination and Vaccination Record (Form I-693) Page: 2 Policy Highlights • Temporarily waives the “60-day rule” requiring that the civil surgeon’s signature on an otherwise valid Form I-693 be dated no more t","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-9916bf041e54e166acf5e7b1","countryCode":"US","country":"United States","title":"Temporary interview waivers for qualifying repeat immigrant-visa applicants","policyEffect":"From December 13, 2021, consular officers could waive personal appearance and interview for qualifying repeat immigrant-visa applicants issued a visa on or after August 4, 2019. Applicants had to use the same approved petition, remain eligible, and seek the same classification or an automatic conversion caused by the petitioner’s death or naturalization, with no changed circumstances affecting eligibility. The temporary rule specified a December 13, 2023 end date. The waiver was discretionary, not available to every immigrant-visa applicant.","operativeDate":"2021-12-13","year":2021,"affectedGroup":"Repeat immigrant-visa applicants meeting the prior-issuance, petition, classification and continuing-eligibility conditions","materialConditionsAndExceptions":"Validated condition or limit: From December 13, 2021, consular officers could waive personal appearance and interview for qualifying repeat immigrant-visa applicants issued a visa on or after August 4, 2019.; Applicants had to use the same approved petition, remain eligible, and seek the same classification or an automatic conversion caused by the petitioner’s death or naturalization, with no changed circumstances affecting eligibility.","policyCategory":"Migration policy","policyTool":"","sourceName":"U.S. Department of State","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2021/12/13/2021-26657.txt","preciseCitation":"","evidencePassage":"Acting Senior Regulatory Coordinator, Visa Services Directorate, Bureau of Consular Affairs, Department of State; telephone (202) 485-7586, <a href=\"/cdn-cgi/l/email-protection#fdab948e9caf989a8ebd8e899c8998d39a928b\"><span class=\"__cf_email__\" data-cfemail=\"81d7e8f2e0d3e4e6f2c1f2f5e0f5e4afe6eef7\">[email&#160;protected]</span></a>. SUPPLEMENTARY INFORMATION: I. What changes to 22 CFR 42.62 and 42.67 does this TFR make? The Department is temporarily authorizing consular officers, for 24 months, to waive, on a discretionary basis, the requirements in 22 CFR 42.62 and 42.67 that an immigrant visa … applicant appear in person before and be interviewed by a consular officer for certain repeat immigrant visa applicants. This TFR applies to immigrant visa applicants who were issued a U.S. immigrant visa on or after August 4, 2019, who meet the following additional criteria: Individuals who would be eligible for a discretionary waiver of personal appearance and interview pursuant to this TFR must be seeking an immigrant visa in the same classification (or another classification as the result of automatic conversion due to the death or naturalization of the petitioner of the previously issued … immigrant visa) and pursuant to the same approved petition as their previously approved application, and they must continue to qualify for the immigrant visa sought. Under this TFR, the personal appearance and interview of certain applicants for an immigrant visa may be waived in the discretion of the consular officer, provided that the applicant is willing to affirm under penalty of perjury to the information provided on the Online Immigrant Visa and Alien Registration Application, Form DS-260 (or Form DS-230, Application for Immigrant Visa and Alien Registration if the consular officer authorizes … classification, if any, of the visa applicant, and (ii) The applicant's eligibility to receive a visa. (2) The officer has the authority to require that the alien answer any question deemed material to these determinations. (c) Certain repeat applications due to COVID-19. The personal appearance and interview of any applicant for an immigrant visa may be waived in the discretion of the consular officer until December 13, 2023, provided that-- (1) The applicant was issued a U.S. immigrant visa on or after August 4, 2019, and is: (i) Seeking an immigrant visa in the same classification and pursuant … to the same approved petition as the previously issued immigrant visa; or (ii) Seeking an immigrant visa pursuant to the same approved petition as the previously issued immigrant visa but in a classification that automatically converted from the classification of the previously issued immigrant visa due to the death or naturalization of the petitioner; (2) The applicant qualifies for an immigrant visa in the same classification as the previously issued immigrant visa, or in another classification as a result of automatic conversion from the classification of the previously issued immigrant visa due to the death or naturalization of the petitioner, and pursuant to the same approved petition as the previously issued immigrant visa; and (3) The applicant has not undergone a change in circumstances that could affect the applicant's eligibility for the visa. 0 3. Effective December 13, 2021, through December 13, 2023, in Sec. 42.67, add paragraph (a)(4) to read as follows: Sec. 42.67 Execution of application, registration, and fingerprinting. (a) * * * (4) Form of attestation for certain repeat applications due to COVID-19. The swearing to or signature of an application before a consular","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-southern-africa-restriction-ended-20211231","countryCode":"US","country":"United States","title":"Southern Africa COVID-19 entry restriction ended","policyEffect":"Proclamation 10329 revoked Proclamation 10315 at 12:01 a.m. Eastern Standard Time on December 31, 2021, ending its entry restriction based on presence in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa or Zimbabwe during the preceding 14 days.","operativeDate":"2021-12-31","year":2021,"affectedGroup":"Noncitizens subject to proclamation 10315’s southern africa entry restriction","materialConditionsAndExceptions":"Validated condition or limit: Eastern Standard Time on December 31, 2021, ending its entry restriction based on presence in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa or Zimbabwe during the preceding 14 days.","policyCategory":"Migration policy","policyTool":"","sourceName":"Government Publishing Office","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2022-01-03/html/2021-28534.htm","preciseCitation":"Revoking Proclamation 10315; Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019","evidencePassage":"____________________________________________________________ \u0000Title 3-- \u0000The President [[Page 149]] Proclamation 10329 of December 28, 2021 Revoking Proclamation 10315 By the President of the United States of America A Proclamation On November 26, 2021, the World Health Organization (WHO) Technical Advisory Group on SARS-CoV-2 Virus Evolution announced that the B.1.1.529 (Omicron) variant of SARS-CoV-2, the virus that causes coronavirus disease 2019 (COVID-19), constitutes a variant of concern. The WHO further reported that the number of cases of this variant appeared to be increasing in almos … in section 1 of Proclamation 10315 is no longer detrimental to the interests of the United States. I therefore hereby proclaim the following: Section 1. Revocation. Proclamation 10315 is revoked. Sec. 2. Review of Agency Actions. The Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security shall review any regulations, orders, guidance documents, policies, and any other similar agency actions developed pursuant to Proclamation 10315 and, as appropriate, shall consider revising or revoking these agency actions consistent with the policy set forth in this proc … t all provinces in the Republic of South Africa. On the same day that the WHO classified the Omicron variant as a variant of concern, and based on the recommendation of the Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services, I issued Proclamation 10315 of November 26, 2021 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019). That proclamation generally suspended and restricted the entry into the United States of noncitizens of the United States (``noncitize … ns'') who were physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding their entry or attempted entry into the United States. I took that action to slow the spread of the Omicron variant into the United States and to enable the United States to implement appropriate mitigation measures while new information emerged about the variant. Having learned more about the Omicron variant in … lamation. Sec. 3. Effective Date. This proclamation is effective at 12:01 a.m. eastern standard time on December 31, 2021. Sec. 4. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) Thi","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-2af7b24b073dd534d5dd","countryCode":"US","country":"United States","title":"DHS and DOL add 20,000 H-2B visas for first half of FY2022","policyEffect":"DHS and DOL issued a temporary final rule authorizing up to 20,000 supplemental H-2B visas for employers with FY2022 first-half start dates and irreparable-harm attestations.","operativeDate":"2022-01-28","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: DHS and DOL issued a temporary final rule authorizing up to 20,000 supplemental H-2B visas for employers with FY2022 first-half start dates and irreparable-harm attestations.","policyCategory":"Work","policyTool":"Cap quota","sourceName":"Federal Register 87 FR 4722","sourceUrl":"https://www.federalregister.gov/documents/2022/01/28/2022-01866/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2022-numerical-limitation-for-the","preciseCitation":"Federal Register 87 FR 4722. DHS and DOL add 20,000 H-2B visas for first half of FY2022. Effective 2022-01-28.","evidencePassage":"the Secretary of Labor, is exercising his time-limited Fiscal Year (FY) 2022 authority and increasing the total number of noncitizens who may receive an H-2B nonimmigrant visa by authorizing the issuance of no more than 20,000 additional visas during FY 2022 for positions with start dates on or before March 31, 2022, to those businesses that are suffering irreparable harm or will suffer impending irreparable harm, as attested by the employer on a new attestation form. In addition to making additional visas available under the FY 2022 time-limited authority, DHS is exercising its general H-2B regulatory … Flexibility Act D. Unfunded Mandates Reform Act of 1995 E. Executive Order 13132 (Federalism) F. Executive Order 12988 (Civil Justice Reform) G. Congressional Review Act H. National Environmental Policy Act I. Paperwork Reduction Act I. Executive Summary FY 2022 H-2B Supplemental Cap With this temporary final rule (TFR), the Secretary of Homeland Security, following consultation with the Secretary of Labor, is authorizing the immediate release of an additional 20,000 H-2B visas for FY 2022 positions with start dates on or before March 31, 2022, subject to certain conditions. The 20,000 visas are divided … provision was in force, U.S. employers' standard business needs for H-2B workers exceeded the statutory 66,000 cap. The highest number of H-2B returning workers approved was 64,716 in FY 2007. In setting the number of additional H-2B visas to be made available in this temporary final rule for those petitioners with start dates on or before March 31, 2022 during FY 2022, DHS considered this number, overall indications of increased need, and the availability of U.S. workers, as discussed below. On the basis of these considerations, DHS determined that it would be appropriate to make available up to … 20,000 additional visas under the FY2022 supplemental cap authority. The Secretary further considered the objectives of E.O. 14010, which among other initiatives, instructs the Secretary of Homeland Security and the Secretary of State to implement measures to enhance access to visa programs for individuals from the Northern Triangle countries, as well as to address some of the root causes of and manage migration throughout both North and Central America, including Haiti, and determined that reserving up to 6,500 of the up to 20,000 additional visas and exempting this number from the returning … cap by an additional 20,000 visas during FY 2022 for positions with start dates on or before March 31, 2022 to businesses that: (1) Show that there are an insufficient number of U.S. workers to meet their needs in the first half of FY 2022; (2) attest that their businesses are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested on their petition; and (3) petition for returning workers who were issued an H-2B visa or were otherwise granted H-2B status in FY 2019, 2020, or 2021, unless the H-2B worker is a national","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-spouse-i94-proof-20220130","countryCode":"US","country":"United States","title":"New I-94 spouse codes provide proof of work authorization","policyEffect":"From January 30, 2022, USCIS and Customs and Border Protection began issuing Forms I-94 with E-1S, E-2S, E-3S and L-2S codes to distinguish certain E and L dependent spouses from dependent children. An unexpired I-94 bearing one of these codes was acceptable evidence of employment authorization under List C of Form I-9. This implemented documentation for the incident-to-status authorization recognized in November 2021; it did not extend that authorization to dependent children, TECRO/TECO dependents or spouses of E-2 CNMI investors.","operativeDate":"2022-01-30","year":2022,"affectedGroup":"Qualifying e and l dependent spouses issued unexpired forms i-94 bearing the new spousal codes","materialConditionsAndExceptions":"","policyCategory":"Dependent-spouse employment","policyTool":"Proof of work authorization","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220318-EmploymentAuthorization.pdf","preciseCitation":"POLICY ALERT - Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses","evidencePassage":"nt to their valid E or L nonimmigrant status. 1 At that time, USCIS explained that DHS would take immediate steps to modify the Arrival-Departure Record (Form I-94) evidencing nonimmigrant status issued to E and L dependents so that E and L spouses could be distinguished from E and L children on the face of the document. USCIS stated that, once these changes were made, the revised Form I-94 containing a notation indicating that the bearer is an E or L spouse would be acceptable as evidence of employment authorization under List C of Form I-9, Employment Eligibility Verification. USCIS is now u … pdating its guidance to explain the system modifications made following the November 2021 announcement, specifically, the addition of new Class of Admission (COA) codes to distinguish between E and L spouses and children. 2 This guidance, contained in Volume 10 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Provides that, as of January 30, 2022, USCIS and U.S. Customs and Border Protection (CBP) began issuing Forms I-94 with the following new Class of Admissio … Mariana Islands (E-2 CNMI Investors) who are also required to apply for employment authorization per 8 CFR 274a.12(c)(12). Additionally, as noted in 8 CFR 214.2(e)(23)(x)(B), spouses of E-2 CNMI investors who obtained such status based upon a Foreign Retiree Investment Certificate are not eligible for work authorization. 2 Unlike certain E and L spouses, E and L children are not employment authorized incident to status. PA-2022-11: Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses Page: 2 E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form … I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9. • Explains that affected E and L spouses with a Form I-94 issued by USCIS before January 30, 2022 that was notated with E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status will generally receive a notice from USCIS regarding the new COA codes that, together with an unexpired Form I-94 reflecting E-1, E-2, E-3 E-3D, E-3R, or L-2 nonimmigrant status, may serve as evidence of employment authorization for such spouses under List C of Form I-9. 3 • Adds certain E and … n (COA) codes for certain 1 See USCIS Policy Alert, Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses, issued November 12, 2021. As explained in the guidance published at that time, this policy does not apply to dependents (including spouses) of Employees of the Taipei Economic and Cultural Representative Office (TECRO) and Taipei Economic and Cultural Offices (TECO), who continue to be required to apply for employment authorization per 8 CFR 274a.12(c)(2). Further, this policy does not apply to spouses of Long-Term Investors in the Commonwealth of the Northern","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-afghan-overseas-exam-reuse-20220201","countryCode":"US","country":"United States","title":"Eligible evacuated Afghans may reuse overseas medical examinations","policyEffect":"From February 1, 2022, Afghan nationals applying for adjustment of status after evacuation under Operation Allies Welcome did not have to repeat their immigration medical examination or submit Form I-693 if three conditions were met: their overseas panel-physician examination was in the A-file and reported no Class A medical condition; it had been completed no more than four years before the adjustment application; and neither the A-file nor interview testimony suggested they acquired a Class A condition after entering the United States.","operativeDate":"2022-02-01","year":2022,"affectedGroup":"Afghan nationals seeking adjustment after operation allies welcome evacuation who meet the overseas-examination conditions","materialConditionsAndExceptions":"Validated condition or limit: From February 1, 2022, Afghan nationals applying for adjustment of status after evacuation under Operation Allies Welcome did not have to repeat their immigration medical examination or submit Form I-693 if three conditions were met: their overseas panel-physician examination was in the A-file and reported no Class A medical condition; it had been completed no more than four years before the adjustment application; and neither the A-file nor interview testimony suggested they acquired a Class A condition after entering the United States.","policyCategory":"Medical examination evidence","policyTool":"Reuse of completed overseas examination","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220201-OAWMedicalExam.pdf","preciseCitation":"POLICY ALERT - Use of Medical Examination Completed Abroad for Afghan Nationals Applying for Adjustment of Status After Evacuation Under Operation Allies Welcome","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 February 1, 2022 PA-2022-06 Policy Alert SUBJECT: Use of Medical Examination Completed Abroad for Afghan Nationals Applying for Adjustment of Status After Evacuation Under Operation Allies Welcome Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to allow certain Afghan nationals applying for adjustment of status after evacuation under Operation Allies Welcome (OAW) 1 to use the report of an immigration medical examination completed abroad b … y a panel physician to satisfy the requirement normally demonstrated on a Report of Medical Examination and Vaccination Record (Form I-693) completed by a USCIS- designated civil surgeon, as long as certain conditions are met. Background In general, those applying for immigration benefits while in the United States must submit Form I- 693 to demonstrate that there are not any conditions that would render them inadmissible under the health-related grounds. 2 To ease the burden placed on Afghan nationals who have already demonstrated that they are not inadmissible under the health-related ground … s by undergoing an immigration medical examination completed abroad by a panel physician, USCIS has determined, in consultation with the Centers for Disease Control and Prevention, that certain Afghan nationals do not need to repeat the immigration medical examination and submit Form I-693 when they apply for adjustment of status, as long as certain conditions are met. This guidance, contained in Volume 8 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. 1 On August 29, 2021, Presid … f Medical Examination Completed Abroad for Afghan Nationals Applying for Adjustment of Status After Evacuation Under Operation Allies Welcome Page: 2 Policy Highlights • Clarifies that Afghan nationals applying for adjustment of status after OAW evacuation do not have to repeat an immigration medical examination and submit Form I-693 as part of their adjustment application if: • The results of the immigration medical examination completed abroad are contained in the A-file and no Class A medical condition was reported; • The immigration medical examination abroad was completed by the panel phy … sician no more than 4 years before the date of application for adjustment of status; and • No evidence in the A-file or testimony given at the interview suggests that the applicant has acquired a Class A medical condition after entry into the United States. Citation Volume 8: Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 3, Applicability of Medical Examination and Vaccination Requirement [8 USCIS-PM B.3].","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-protection-ead-duration-20220207","countryCode":"US","country":"United States","title":"Longer work-document validity for specified protection and parole categories","policyEffect":"For affected Employment Authorization Documents issued on or after February 7, 2022, USCIS increased the maximum validity guideline for initial and renewal documents from one year to two years for refugees, asylees, people granted withholding of deportation or removal, and VAWA self-petitioners. For parolees and recipients of deferred action other than DACA, initial and renewal documents could be valid through the end of the authorized parole or deferred-action period. Previously issued documents were unaffected, and replacement documents retained the original validity dates. These were maximum validity guidelines, not a guarantee of work authorization for every applicant.","operativeDate":"2022-02-07","year":2022,"affectedGroup":"Refugees, asylees, people granted withholding, vawa self-petitioners, parolees and non-daca deferred-action recipients in the specified employment-authorization categories","materialConditionsAndExceptions":"Validated condition or limit: For affected Employment Authorization Documents issued on or after February 7, 2022, USCIS increased the maximum validity guideline for initial and renewal documents from one year to two years for refugees, asylees, people granted withholding of deportation or removal, and VAWA self-petitioners.; These were maximum validity guidelines, not a guarantee of work authorization for every applicant.","policyCategory":"Status and employment documentation","policyTool":"Employment authorization document validity","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220207-EmploymentAuthorizationValidity.pdf","preciseCitation":"POLICY ALERT - Updating General Guidelines on Maximum Validity Periods for Employment Authorization Documents based on Certain Filing Categories","evidencePassage":"uthorization document, which may include any period when an administrative appeal or judicial review of an application or petition is pending, unless otherwise provided in this chapter.”) 3 Not including Deferred Action for Childhood Arrivals. 4 See 8 CFR 212.5. PA-2022-07: Updating General Guidelines on Maximum Validity Periods for Employment Authorization Documents based on Certain Filing Categories Page: 2 In the interest of reducing the burden on both the agency and the public, USCIS has revised its guidelines to state that initial and renewal EADs generally may be issued with a maximum va … lidity period of up to 2 years for asylees and refugees, noncitizens with withholding of deportation or removal, and VAWA self-petitioners; or up to the end of the authorized deferred action or parole period to applicants in these filing categories. Through this publication, USCIS will begin to address some of the EAD-related comments that USCIS received in response to the Request for Public Input, 5 specifically, increasing maximum EAD validity period guidelines, where feasible, given current processing times and issuing clarifying guidance that will help prevent gaps in employment authorizat … s controlling and supersedes any related prior guidance. Policy Highlights • Provides general guidance on the adjudication of Form I-765 as it relates to determining eligibility, reviewing evidence, and issuing a decision; and adds charts outlining EAD validity timeframes for 8 CFR 274a.12(a) and 8 CFR 274a.12(c) categories. • Updates the maximum validity period for initial and renewal EADs from 1 year to 2 years for employment authorization based on 8 CFR 274a.12(a)(3) (admitted as a refugee), 8 CFR 274a.12(a)(5) (granted asylum), 8 CFR 274a.12(a)(10) (withholding of deportation or removal), … and 8 CFR 274a.12(c)(31) (VAWA self-petitioner). • Updates the maximum validity period for initial and renewal EADs for employment authorization based on 8 CFR 274a.12(c)(11) (parole) and 8 CFR 274a.12(c)(14) (non-DACA deferred action) to the end date of the authorized parole or deferred action period. • Removes guidance related to the exercise of discretion as it relates to the general adjudication of Form I-765, and specific guidance related to the adjudication of Form I-765 based on a pending application for adjustment of status under INA 245 and deferred action, to remove redundancy and av … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 February 7, 2022 PA-2022-07 Policy Alert SUBJECT: Updating General Guidelines on Maximum Validity Periods for Employment Authorization Documents based on Certain Filing Categories Purpose U.S. Citizenship and Immigration Services (USCIS) is updating guidelines in the USCIS Policy Manual regarding validity periods for Employment Authorization Documents (EADs) for asylees and refugees, noncitizens with withholding of deportation or removal, noncitizens with deferred action, 1 parolees, and Violence Again … st Women Act (VAWA) self-petitioners. Background Noncitizens in the United States must obtain employment authorization before they may lawfully work in the country. Whether or not a noncitizen is authorized to work in the United States depends on the noncitizen’s immigration status and circumstances. While employment authorization for certain noncitizens is automatically provided by virtue of their immigration status or circumstances, other noncitizens must affirmatively apply for employment authorization and USCIS may grant employment authorization as a matter of discretion. In many cases, US … ion and documentation. Replacement EADs will not be affected by this update; USCIS will continue to issue replacement EADs with the same validity date as the original EAD. 6 This guidance, contained in Volume 10, Part A of the Policy Manual, is effective immediately. Therefore, USCIS will apply the updated validity period guidelines to EADs issued for impacted categories on or after February 7, 2022. EADs issued before February 7, 2022, are not affected. USCIS will continue to issue replacement EADs with the same validity dates as the original EAD. The guidance contained in the Policy Manual i","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-record-measure-2d7a4e7c292137524324a7e3","countryCode":"US","country":"United States","title":"Restoration of the 30-day processing provision for initial asylum employment authorization","policyEffect":"Restored the regulatory requirement that USCIS adjudicate initial employment authorization applications by asylum applicants within 30 days of receipt, following the February 7, 2022 vacatur of the June 2020 rule that had removed this requirement.","operativeDate":"2022-02-07","year":2022,"affectedGroup":"Asylum applicants","materialConditionsAndExceptions":"Recorded validated scope: 8 CFR Part 208 and 274a.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2022/09/22/2022-20228/asylum-application-and-employment-authorization-for-applicants-implementation-of-vacatur","preciseCitation":"","evidencePassage":"h.pdf#page=9) for more details. ###### Department of Homeland Security 1. 8 CFR Parts 208 and 274a 2. \\[CIS No. 2722-22; DHS Docket No. USCIS-2022-0008] 3. RIN 1615-AC66 # AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security (DHS). # ACTION: Final rule. # SUMMARY: This final rule removes changes to regulatory text resulting from two final rules issued in June 2020, which were vacated by a Federal district court in February 2022. This final rule implements the vacatur by removing certain regulatory text governing asylum applications, interviews, and eligibility for … employment authorization and an employment authorization document (EAD) based on a pending asylum application. It also reinserts various regulatory provisions as they appeared prior to the effective dates of the two final rules issued in June 2020. # DATES: This rule is effective on February 7, 2022, as a result of the Federal district court's vacatur. # FOR FURTHER INFORMATION CONTACT: Rená Cutlip-Mason, Chief, Division of Humanitarian Affairs, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 5900 Capital Gateway Drive, Camp Springs, … MD 20588-0009; telephone (240) 721-3000 (not a toll-free call). # SUPPLEMENTARY INFORMATION: ## I. Background and Basis for Removal of Regulations In June 2020, the U.S. Department of Homeland Security (DHS) issued two final rules (June 2020 EAD rules, collectively) titled, *Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications* (Timeline Repeal rule) and *Asylum Application, Interview, and Employment Authorization for Applicants* (Broader Asylum EAD rule), respectively.\\[[1](#footnote-1-p57795)] The Timeline Repeal rule eliminated … two regulatory provisions that required U.S. Citizenship and Immigration Services (USCIS) to adjudicate initial EAD applications filed by asylum applicants within 30 days of receipt and that renewal EAD applications from asylum applicants must be received by USCIS 90 days prior to the expiration of the employment authorization. The Timeline Repeal rule went into effect on August 21, 2020. The Broader Asylum EAD rule made a number of changes to DHS's regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application, includ … ment authorization shall be denied. If the asylum application is not so denied, the Service shall have 30 days from the date of filing of the request employment authorization to grant or deny that application, except that no employment authorization shall be issued to an asylum applicant prior to the expiration of the 180-day period following the filing of the asylum application filed on or after April 1, 1997. (2) The time periods within which the alien may not apply for employment authorization and within which USCIS must respond to any such application and within which the asylum applicatio … retion of USCIS. Where economic necessity has been identified as a factor, the alien must provide information regarding his or her assets, income, and expenses. (2) An initial employment authorization request for asylum applicants under [8 CFR 274a.12(c)(8)](<https://www.ecfr.gov/current/title-8/section-274a.12#p-274a.12(c)(8)>) must be filed on the form designated by USCIS in accordance with the form instructions. The applicant also must submit a copy of the underlying application for asylum or withholding of deportation, together with evidence that the application has been filed in accordanc … cument Number 2022-20228 Document Type Rule Pages 57795-57799 (5 pages) Publication Date [09/22/2022](https://www.federalregister.gov/documents/2022/09/22) RIN [1615-AC66](https://www.federalregister.gov/regulations/1615-AC66/-asylum-application-interview-and-employment-authorization-for-applicants-and-removal-of-30-day-proc) Published Content - Document Details - Document DatesPublished Content - Document Dates Effective Date 2022-02-07 Dates Text This rule is effective on February 7, 2022, as a result of the Federal district court's vacatur. Published Content - Document Dates - Table of Cont","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-vawa-stepfamily-divorce-20220210","countryCode":"US","country":"United States","title":"Divorce does not end VAWA stepfamily eligibility","policyEffect":"From February 10, 2022, USCIS adopted Arguijo v. USCIS nationwide, allowing stepchildren and stepparents to remain eligible for VAWA self-petitions after the parent and stepparent divorced. The change applied to pending VAWA Form I-360 self-petitions and those filed on or after that date, regardless of the self-petitioner’s place of residence. Divorce no longer ended the qualifying stepfamily relationship for this purpose; other VAWA eligibility requirements remained applicable.","operativeDate":"2022-02-10","year":2022,"affectedGroup":"Stepchildren and stepparents seeking vawa self-petition classification after the parent and stepparent divorced","materialConditionsAndExceptions":"Validated condition or limit: USCIS nationwide, allowing stepchildren and stepparents to remain eligible for VAWA self-petitions after the parent and stepparent divorced.; The change applied to pending VAWA Form I-360 self-petitions and those filed on or after that date, regardless of the self-petitioner’s place of residence.; other VAWA eligibility requirements remained applicable.","policyCategory":"Protection for victims of abuse","policyTool":"Stepfamily relationship after divorce","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220210-VAWA.pdf","preciseCitation":"USCIS Policy Alert PA-2022-09: Violence Against Women Act Self-Petitions","evidencePassage":"ney General, 4 which held that when evaluating the good moral character requirement, an act or conviction is “connected to” the battery or extreme cruelty when it has “a causal or logical relationship.” • Implements the decision in Arguijo v. USCIS, 5 which allows stepchildren and stepparents to continue to be eligible for VAWA self-petitions if the parent and stepparent divorced. • Clarifies how USCIS considers the 2-year filing requirement when the self-petitioner’s marriage is terminated, the abusive U.S. citizen family member dies, and the abusive family member loses or renounces U.S. citi … of where the self-petitioner resides. 5 See Arguijo v. USCIS, 991 F.3d 736 (7th Cir. 2021), holding that divorce does not terminate a stepchild relationship for the purposes of eligibility for a VAWA self-petition. USCIS has chosen to apply this holding regardless of where the self-petitioner resides. PA-2022-09: Violence Against Women Act Self-Petitions Page: 3 • Provides guidance on special considerations for self-petitions filed subsequent to a Petition for Alien Relative (Form I-130) and an Application to Register Permanent Residence or Adjust Status (Form I-485). Citation Volume 3: Humani … inst Women Act Self-Petitions Page: 2 The other two changes implement the decisions in Da Silva v. Attorney General and Arguijo v. United States nationwide. 3 The guidance, contained in Volume 3 of the Policy Manual, consolidates, updates, and replaces Chapters 21.14 and 21.15 of the Adjudicator’s Field Manual (AFM) and related policy memoranda and changes USCIS’ interpretation of three policies. USCIS is implementing this guidance immediately and the guidance applies to all Petitions for Amerasian, Widow(er), or Special Immigrant (Form I-360) filed as VAWA self-petitions that are currently pe … nding, or filed on or after February 10, 2022. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Consolidates and updates guidance on eligibility, filing, and adjudication requirements for VAWA-based Form I-360s to reflect current laws and existing practice. • Changes the interpretation of the requirement for shared residence to occur during the qualifying relationship and, instead, requires the self-petitioner to reside or have resided with the abuser at any time in the past. • Implements the decision in Da Silva v. Attor","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-dd204fb192730c8195c7","countryCode":"US","country":"United States","title":"Mandatory Frivolous Asylum Adjudication Requirements (Matter of M-M-A-)","policyEffect":"BIA precedent establishing that when the Department of Homeland Security raises the mandatory bar under INA § 208(d)(6) for filing a frivolous asylum application, an Immigration Judge must make sufficient findings of fact and conclusions of law regarding whether the requirements for a frivolousness determination under Matter of Y-L- have been met, and cannot decline to address the issue. Phase scope: Operative nationwide across all immigration court proceedings and BIA reviews upon issuance on March 11, 2022.","operativeDate":"2022-03-11","year":2022,"affectedGroup":"Asylum seekers","materialConditionsAndExceptions":"Validated condition or limit: BIA precedent establishing that when the Department of Homeland Security raises the mandatory bar under INA § 208(d)(6) for filing a frivolous asylum application, an Immigration Judge must make sufficient findings of fact and conclusions of law regarding whether the requirements for a frivolousness determination under Matter of Y-L- have been met, and cannot decline to address the issue.","policyCategory":"Asylum or protection","policyTool":"Legal interpretation","sourceName":"U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals","sourceUrl":"https://justice.gov/eoir/page/file/1482556/dl?inline=","preciseCitation":"Matter of M-M-A-, 28 I&N Dec. 494 (BIA 2022)","evidencePassage":"When the Department of Homeland Security raises the mandatory bar for filing a frivolous asylum application under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2018), an Immigration Judge must make sufficient findings of fact and conclusions of law on whether the requirements for a frivolousness determination under Matter of Y-L-, 24 I&N Dec. 151 (BIA 2007), have been met.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-d75c9577f2e7700c4c64","countryCode":"US","country":"United States","title":"EB-5 Reform and Integrity Act of 2022 (Statutory Regional Center Program Reauthorization)","policyEffect":"Congress enacted statutory reforms repealing and replacing the legacy EB-5 Regional Center Program, reauthorizing the regional center category through September 30, 2027, creating reserved visa subcategories for rural, high-unemployment, and infrastructure projects, and adjusting minimum investment amounts ($800,000 in TEAs / $1,050,000 non-TEA).","operativeDate":"2022-03-15","year":2022,"affectedGroup":"High-net-worth investors / immigrant investors","materialConditionsAndExceptions":"Validated condition or limit: Congress enacted statutory reforms repealing and replacing the legacy EB-5 Regional Center Program, reauthorizing the regional center category through September 30, 2027, creating reserved visa subcategories for rural, high-unemployment, and infrastructure projects, and adjusting minimum investment amounts ($800,000 in TEAs / $1,050,000 non-TEA).","policyCategory":"Legal framework overhaul / integrity measures / quota allocation","policyTool":"Primary legislation / administrative guidance","sourceName":"Congress / U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-reform-and-integrity-act-of-2022","preciseCitation":"Public Law 117-103, Div. BB, 136 Stat. 1070; USCIS Policy Alert PA-2022-11; Public Law 117-103, Division R; 87 FR 40676","evidencePassage":"category to qualified investors who will contribute to the economic growth of the United States by investing in U.S. businesses and creating jobs for U.S. workers. EB-5 investors have historically had the option of participating in the Regional Center Program, which allows an investor to rely on indirect job creation when they invest through a USCIS-designated regional center. Authorization related to the Regional Center Program lapsed at the end of the day on June 30, 2021. On March 15, 2022, the EB-5 Reform and Integrity Act of 2022 was signed into law, revising general eligibility requirements, substantially reforming and codifying the Regional Center Program in INA 203(b)(5), and adding significant new integrity provisions. The law also made certain changes affecting applicants seeking adjustment of status based on the EB-5 category. 1 On October 6, 2022, USCIS published revised guidance for investor petitions to align certain content with the new law. 2 This guidance, contained in Volume 6 of the Policy Manual, further reorganizes and updates Part G, Investors, to incorporate statutory reforms related to regional center designation and responsibilities. USCIS anticipates making future updates to this guidance to provide additional clarifications, as needed. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights 1 See EB-5 Reform and Integrity Act of 2022, Division BB of the Consolidated Appropriations Act of 2022, Pub. L. 117-103, 136 Stat. 49, 1070 (March 15, 2022). 2 See EB-5 Reform and Integrity Act of 2022, PA-2022-23, issued October 6, 2022. To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. PA-2023-31: EB-5 Regional Center Program Reform Page: 2 • Provides guidance on immigrant","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-n600-photo-appointment-20220328","countryCode":"US","country":"United States","title":"Citizenship-certificate applicants generally provide photos at appointments","policyEffect":"For Forms N-600 filed on or after March 28, 2022, USCIS generally collected applicants’ photographs and signatures at an Application Support Center appointment at no additional cost instead of requiring paper photographs. Paper photographs could still be required for applicants living outside the United States. Parents or legal guardians could sign for children under 14, and children under five did not submit fingerprints. Failure to attend could result in abandonment unless a timely address-change or rescheduling request applied; USCIS also preserved the stated exception for service members abroad unable to comply for service-related reasons.","operativeDate":"2022-03-28","year":2022,"affectedGroup":"Applicants filing form n-600 for a certificate of citizenship on or after march 28, 2022","materialConditionsAndExceptions":"Validated condition or limit: For Forms N-600 filed on or after March 28, 2022, USCIS generally collected applicants’ photographs and signatures at an Application Support Center appointment at no additional cost instead of requiring paper photographs.; Paper photographs could still be required for applicants living outside the United States.; Failure to attend could result in abandonment unless a timely address-change or rescheduling request applied; USCIS also preserved the stated exception for service members abroad unable to comply for service-related reasons.","policyCategory":"Citizenship documentation","policyTool":"Photograph and signature collection","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220126-PhotographsAndSignatures.pdf","preciseCitation":"POLICY ALERT - Photographs and Signatures for Applications for Certificates of Citizenship","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 January 26, 2022 PA-2022-05 Policy Alert SUBJECT: Photographs and Signatures for Applications for Certificates of Citizenship Purpose U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to specify that persons submitting an Application for Certificate of Citizenship (Form N-600) will generally now have their photographs taken at a biometrics appointment instead of submitting paper photographs and handwritten signatures, as applicable. Background Curr … ently, Form N-600 applicants (children of U.S. citizens) are required to submit paper photographs with their application. However, electronic processing and improved technology now allow for digital submission of biometrics, including photographs for applicants of all ages, which enhances USCIS’ ability to provide consistent identifying features on Certificates of Citizenship. Instead of requiring paper photographs, USCIS now schedules Form N-600 applicants to appear at an Application Support Center (ASC) to submit photographs and a signature. 1 This guidance, contained in Volume 12 of the Pol … icy Manual, is effective March 28, 2022 and applies prospectively to any Form N-600 filed on or after that date. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Explains that Form N-600 applicants generally do not need to submit paper photographs, since USCIS can, in most cases, collect the applicant’s photograph and signature at an ASC appointment at no additional cost. • Clarifies that the information collected in connection with a Form N-600 is not submitted to the Federal Bureau of Investigation for back … ground checks. 1 Paper photographs may still be required for applicants residing outside of the United States. Children under age 5 do not submit a fingerprint. Parents or legal guardians may sign for a child under age 14. See 8 CFR 103.2(a)(2). PA-2022-05: Photographs and Signatures for Applications for Certificates of Citizenship Page: 2 • Explains that USCIS may consider a Form N-600 abandoned where the applicant fails to appear for an ASC appointment, unless USCIS receives a timely change of address or rescheduling request as required by regulation. 2 Citation Volume 12: Citizenship and Na","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-cb95def98e15392e528e","countryCode":"US","country":"United States","title":"USCIS Policy Manual Guidance on Interview Waiver Criteria for Family-Based Conditional Permanent Residents (Form I-751)","policyEffect":"Updates Policy Manual guidance to give USCIS officers broad discretion to waive the in-person interview requirement for Form I-751 (Petition to Remove Conditions on Residence) if the record contains sufficient evidence of a bona fide marriage and no indications of fraud, misrepresentation, or criminal bars, explicitly eliminating the previous mandatory interview policy for CPRs who obtained status through consular processing abroad.","operativeDate":"2022-04-07","year":2022,"affectedGroup":"Family-based conditional permanent residents filing form i-751","materialConditionsAndExceptions":"Validated condition or limit: Updates Policy Manual guidance to give USCIS officers broad discretion to waive the in-person interview requirement for Form I-751 (Petition to Remove Conditions on Residence) if the record contains sufficient evidence of a bona fide marriage and no indications of fraud, misrepresentation, or criminal bars, explicitly eliminating the previous mandatory interview policy for CPRs who obtained status through consular processing abroad.","policyCategory":"Permanent residence / family-based immigration","policyTool":"Administrative guidance / manual update","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://uscis.gov/sites/default/files/document/policy-manual-updates/20220407-Family-BasedCPRInterviewWaiver.pdf","preciseCitation":"USCIS Policy Alert PA-2022-13, Interview Waiver Criteria for Family-Based Conditional Permanent Residents (April 7, 2022); 6 USCIS-PM I.3.","evidencePassage":"2 sufficient evidence, and there is no indication of fraud, misrepresentation, criminal bars, or other factors that may require an interview. • Updates interview waiver criteria to eliminate automatic referrals for cases where a CPR obtained status via consular processing and to refer CPR cases based on risk-based criteria. Summary of Changes Affected Section: Volume 6 > Part I, Family-Based Conditional Permanent Residents • Adds new Chapter 3 (Petition to Remove Conditions on Residence) with introductory text and guidance under new Section G (Interview); adds and reserves new Sections A, B, C, D, E, F, H, and I. • Adds new [Reserved] Chapters 1, 2, 4, 5, 6, and 7.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4d53ab314510250e4c03","countryCode":"US","country":"United States","title":"DHS designates Ukraine for Temporary Protected Status","policyEffect":"DHS designated Ukraine for TPS for 18 months, allowing eligible Ukrainian nationals in the United States to apply for TPS and employment authorization.","operativeDate":"2022-04-19","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: DHS designated Ukraine for TPS for 18 months, allowing eligible Ukrainian nationals in the United States to apply for TPS and employment authorization.","policyCategory":"Humanitarian, work","policyTool":"Status extension","sourceName":"Federal Register 87 FR 23211","sourceUrl":"https://www.federalregister.gov/documents/2022/04/19/2022-08390/designation-of-ukraine-for-temporary-protected-status","preciseCitation":"Federal Register 87 FR 23211. DHS designates Ukraine for Temporary Protected Status. Effective 2022-04-19.","evidencePassage":"USCIS), Department of Homeland Security (DHS). ACTION: Notice of Temporary Protected Status (TPS) designation. ----------------------------------------------------------------------- SUMMARY: Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has designated Ukraine for Temporary Protected Status (TPS) for 18 months, effective April 19, 2022, or later date if Secretary so determines], through October 19, 2023. This designation allows eligible Ukrainian nationals (and individuals having no nationality who last habitually resided in Ukraine) who have continuously resided in the United States since April 11, 2022, and who have been continuously physically present in the United States since April 19, 2022 to apply for TPS. DATES: Designation of Ukraine for TPS: The 18-month designation of Ukraine for TPS is effective on April 19, 2022 and will remain in effect for 18 months, through October 19, 2023. Registration: The registration period for eligible individuals to submit TPS applications begins April 19, 2022 and will remain in effect through October 19, 2023. FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason … Ukraine) to submit an initial registration application under the designation of Ukraine for TPS and apply for an Employment Authorization Document (EAD). Under this designation, individuals must submit an initial Ukraine TPS application (Form I-821) and may also submit an application for Employment Authorization (Form I-765), during the 18-month initial registration period that runs from April 19, 2022, through October 19, 2023.\\1\\ In addition to demonstrating continuous residence in the United States since April 11, 2022,\\2\\ and meeting other eligibility criteria, initial applicants for TPS under this … for TPS under the designation of Ukraine. On the basis of this determination, I am designating Ukraine for TPS for 18 months, from April 19, 2022 through October 19, 2023. See INA section 244(b)(1)(C) and (b)(2); 8 U.S.C. 1254a(b)(1)(C), and (b)(2). Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. Eligibility and Employment Authorization for TPS Required Application Forms and Application Fees To Register for TPS To register for TPS based on the designation of Ukraine, you must submit a Form-821, Application for Temporary Protected Status and pay the filing fee or request","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-29665524fcf5a8e40920","countryCode":"US","country":"United States","title":"Implementation of the Uniting for Ukraine Parole Process","policyEffect":"DHS implemented the Uniting for Ukraine parole process, establishing a pathway for eligible Ukrainian citizens and immediate family members to apply for advance authorization to travel to the United States and seek a discretionary grant of parole.","operativeDate":"2022-04-25","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: DHS implemented the Uniting for Ukraine parole process, establishing a pathway for eligible Ukrainian citizens and immediate family members to apply for advance authorization to travel to the United States and seek a discretionary grant of parole.","policyCategory":"Admission","policyTool":"New pathway","sourceName":"govinfo.gov","sourceUrl":"https://govinfo.gov/app/details/FR-2022-04-27/2022-09087","preciseCitation":"govinfo.gov. Implementation of the Uniting for Ukraine Parole Process.; 87 FR 25040 (Doc. 2022-09087)","evidencePassage":"DHS will make the Uniting for Ukraine parole process available on April 25, 2022.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-74aed00367d376204ebc","countryCode":"US","country":"United States","title":"DHS temporarily increases automatic EAD extension period to 540 days","policyEffect":"DHS temporarily increased the automatic extension period for certain timely filed EAD renewal applicants from up to 180 days to up to 540 days.","operativeDate":"2022-05-04","year":2022,"affectedGroup":"Current holders","materialConditionsAndExceptions":"Validated condition or limit: DHS temporarily increased the automatic extension period for certain timely filed EAD renewal applicants from up to 180 days to up to 540 days.","policyCategory":"Work, humanitarian, residence, family","policyTool":"Work rights","sourceName":"Federal Register 87 FR 26614","sourceUrl":"https://www.federalregister.gov/documents/2022/05/04/2022-09539/temporary-increase-of-the-automatic-extension-period-of-employment-authorization-and-documentation","preciseCitation":"Federal Register 87 FR 26614. DHS temporarily increases automatic EAD extension period to 540 days. Effective 2022-05-04.","evidencePassage":"comments. SUMMARY: This rule temporarily amends existing Department of Homeland Security (DHS) regulations to provide that the automatic extension period applicable to expiring Employment Authorization Documents (Forms I-766 or EADs) for certain renewal applicants who have filed Form I-765, Application for Employment Authorization, will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs. This increase will be available to eligible renewal applicants with pending Forms I-765 as of May 4, 2022, including those applicants whose employment authorization … extension period for employment authorization and/or EAD validity of up to 180 days (described in 8 CFR 274a.13(d)(1)) to a period of up to 540 days for renewal applicants eligible to receive an automatic extension who have a timely filed Form I-765 renewal application pending during the 18-month [138] period beginning May 4, 2022, and ending October 26, 2023. After the 18-month period, automatic extensions of employment authorization and EAD validity will revert to the up to 180-day period for those eligible applicants who timely file renewal Form I-765 applications after October 26, 2023. The increased","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-6c31d39aad55b2f57d03","countryCode":"US","country":"United States","title":"Deferred-action consideration introduced for visa-blocked SIJs","policyEffect":"From May 6, 2022, USCIS automatically considered deferred action for eligible noncitizens with approved Special Immigrant Juvenile classification who could not apply to adjust status solely because an immigrant visa number was unavailable. The policy applied whether SIJ classification was approved before, on or after that date. No separate deferred-action request was required or accepted. Grants remained discretionary and case by case, for four years; recipients could separately apply for employment authorization using Form I-765 in category (c)(14). SIJ classification itself did not confer lawful status.","operativeDate":"2022-05-06","year":2022,"affectedGroup":"Approved special immigrant juveniles unable to apply for adjustment solely because an immigrant visa number was unavailable","materialConditionsAndExceptions":"Validated condition or limit: From May 6, 2022, USCIS automatically considered deferred action for eligible noncitizens with approved Special Immigrant Juvenile classification who could not apply to adjust status solely because an immigrant visa number was unavailable.; The policy applied whether SIJ classification was approved before, on or after that date.; No separate deferred-action request was required or accepted.","policyCategory":"Special immigrant juvenile protection","policyTool":"Deferred-action consideration","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220307-SIJAndDeferredAction.pdf","preciseCitation":"POLICY ALERT - Special Immigrant Juvenile Classification and Deferred Action","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 March 7, 2022 PA-2022-10 Policy Alert SUBJECT: Special Immigrant Juvenile Classification and Deferred Action Purpose U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to consider deferred action (and related employment authorization) for noncitizens classified as Special Immigrant Juveniles (SIJs) who are ineligible to apply for adjustment of status to lawful permanent resident (LPR) status solely due to visa unavailability. Background The SIJ classification is avail … 245(a), (h). See 8 CFR 245.2(a)(2)(i)(A). 3 See INA 101(a)(27)(J). PA-2022-10: Special Immigrant Juvenile Classification and Deferred Action Page: 2 This update, contained in Volume 6 of the Policy Manual, is effective May 6, 2022 and applies to eligible noncitizens classified as SIJs before, on, or after that date based on an approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). This guidance is controlling and supersedes any prior guidance on the topic. Policy Highlights • Provides that USCIS automatically conduct deferred action determinations for noncitizens with … SIJ classification who cannot apply for adjustment of status solely because an immigrant visa number is not immediately available. Noncitizens with SIJ classification are not required to submit a separate request for deferred action, and a separate request will not be accepted. • Explains that USCIS considers deferred action on a case-by-case basis to determine whether the noncitizen with SIJ classification warrants a favorable exercise of discretion. • Provides that a grant of deferred action to a noncitizen with SIJ classification is for a period of 4 years. • Explains that a noncitizen with","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-feca92628ae0cd79a0d2","countryCode":"US","country":"United States","title":"DHS designates Afghanistan for Temporary Protected Status","policyEffect":"DHS designated Afghanistan for TPS for 18 months, opening TPS registration and employment authorization eligibility for covered Afghan nationals.","operativeDate":"2022-05-20","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: DHS designated Afghanistan for TPS for 18 months, opening TPS registration and employment authorization eligibility for covered Afghan nationals.","policyCategory":"Humanitarian, work","policyTool":"Status extension","sourceName":"Federal Register 87 FR 30976","sourceUrl":"https://www.federalregister.gov/documents/2022/05/20/2022-10923/designation-of-afghanistan-for-temporary-protected-status","preciseCitation":"Federal Register 87 FR 30976. DHS designates Afghanistan for Temporary Protected Status. Effective 2022-05-20.","evidencePassage":"of Homeland Security (DHS). ACTION: Notice of Temporary Protected Status (TPS) designation. ----------------------------------------------------------------------- SUMMARY: Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is designating Afghanistan for Temporary Protected Status (TPS) for 18 months, effective May 20, 2022, through November 20, 2023. This designation allows eligible Afghan nationals (and individuals having no nationality who last habitually resided in Afghanistan) who have continuously resided in the United States since March 15, 2022, and who have been continuously physically present in the United States since May 20, 2022 to apply for TPS. DATES: Designation of Afghanistan for TPS: The 18-month designation of Afghanistan for TPS is effective on May 20, 2022 and will remain in effect for 18 months, through November 20, 2023. Registration: The registration period for eligible individuals to submit TPS applications begins May 20, 2022 and will remain in effect through November 20, 2023. ADDRESSES: For further information on TPS, including guidance on the registration process and additional information … ) to submit an initial registration application under the designation of Afghanistan for TPS and apply for an employment authorization document (EAD). Under the designation, individuals must submit an initial Afghanistan TPS application (Form I-821) and they may also submit an Application for Employment Authorization (Form I-765), during the 18-month initial registration period that runs from May 20, 2022, through November 20, 2023.\\1\\ In addition to demonstrating continuous residence in the United States since March 15, 2022,\\2\\ and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since May 20, 2022, the effective date of this designation of Afghanistan, before USCIS may grant them TPS. DHS estimates that approximately 72,500 individuals are eligible to file applications for TPS under the designation of Afghanistan. --------------------------------------------------------------------------- \\1\\ In general, individuals must be given an initial registration period of no less than 180 days to register for TPS, but the Secretary has discretion to provide for a","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-2c316894bafb77f46155","countryCode":"US","country":"United States","title":"DHS and DOJ issue asylum officer processing interim final rule","policyEffect":"DHS and DOJ issued an interim final rule allowing certain noncitizens with positive credible fear determinations to have asylum, withholding, and CAT claims considered by USCIS asylum officers.","operativeDate":"2022-05-31","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Humanitarian","policyTool":"Processing","sourceName":"Federal Register 87 FR 18078","sourceUrl":"https://www.federalregister.gov/documents/2022/03/29/2022-06148/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat","preciseCitation":"Federal Register 87 FR 18078. DHS and DOJ issue asylum officer processing interim final rule. Effective 2022-05-31.","evidencePassage":"asylum-and-withholding-only proceedings properly balanced the need to prevent noncitizens from being removed to countries where they may face persecution or torture with ensuring efficiency in the overall adjudication process. *See id.* This rule offers another approach. It establishes a streamlined and simplified adjudication process for individuals encountered at or near the border, placed into expedited removal, and determined to have a credible fear of persecution or torture, with the aim of deciding protection claims in a more timely fashion while ensuring appropriate safeguards against error.\\[[13](#footnote-13-p18090)] The rule authorizes USCIS to adjudicate in the first instance the asylum claims of individuals who receive positive credible fear determinations under the expedited removal framework in section 235(b)(1) of the INA, [8 U.S.C. 1225(b)(1)](https://www.govinfo.gov/link/uscode/8/1225). The procedures that USCIS asylum officers will use to adjudicate these claims will be nonadversarial, and the decisions will be made within time frames consistent with those established by Congress in section 208(d)(5)(A) of the INA, [8 U.S.C. 1158(d)(5)(A)](https://www.govinfo.gov/link/uscode/8/1158).\\[[14](#footnote-14-p18090)] The Departments believe that the approach in this rule, in contrast to the approach outlined in the Global Asylum rule, will allow for noncitizens' claims to be heard more efficiently and fairly. As further explained in this rule, allowing noncitizens with positive credible fear determinations to have their asylum, statutory withholding, and CAT protection claims heard in a nonadversarial setting before an asylum officer capitalizes on the investment of time and expertise that USCIS has already made and, for the subset of cases in which asylum is granted by USCIS, saves investment of time and resources by EOIR and ICE. *See* Sections II.C. and IV.D.5 of this preamble. The extensive and well-rounded training that asylum officers receive is designed to enable them to conduct nonadversarial interviews in a fair and sensitive manner. This rule will also enable meritorious cases to be resolved more quickly, reducing the overall asylum system backlogs and using limited asylum officer and IJ resources more efficiently. If the asylum officer does not grant asylum following an Asylum Merits interview, the noncitizen will be referred to an IJ for streamlined","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ae892b8b2f4d69962ade","countryCode":"US","country":"United States","title":"Policy Manual Guidance on Afghan and Iraqi Special Immigrant Visas Adjudication Transition","policyEffect":"USCIS updated the Policy Manual regarding the transition of adjudicative responsibility for certain Afghan SIV petitions (Form DS-157) to the Department of State, and incorporated statutory changes under the Emergency Security Supplemental Appropriations Act of 2021.","operativeDate":"2022-07-20","year":2022,"affectedGroup":"Afghan and iraqi special immigrant visa applicants","materialConditionsAndExceptions":"Validated condition or limit: USCIS updated the Policy Manual regarding the transition of adjudicative responsibility for certain Afghan SIV petitions (Form DS-157) to the Department of State, and incorporated statutory changes under the Emergency Security Supplemental Appropriations Act of 2021.","policyCategory":"Humanitarian and special immigrant status","policyTool":"Administrative guidance / manual update","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/policy-manual/updates","preciseCitation":"USCIS Policy Alert PA-2022-17, \"Afghan and Iraqi Special Immigrant Visas,\" July 20, 2022.","evidencePassage":"- Chapter 4 - O-1 Beneficiaries POLICY ALERT - Legislative Changes and Transition Affecting Afghan and Iraqi Special Immigrant Visas July 20, 2022 U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on the transition of the responsibility to adjudicate certain Afghan special immigrant visa (SIV) petitions to the U.S. Department of State (DOS) and to incorporate other changes to the Afghan and Iraqi SIV classifications resulting from the Emergency Security Supplemental Appropriations Act of 2021. Read More Affected Sections 6 USCIS-PM H.1 - Chapter 1 - Purpose and Background 6 USCIS-PM H.8 - Chapter 8 - Certain Iraqi Nationals 6 USCIS-PM H.9 - Chapter 9 - Certain Afghan Nationals 6 USCIS-PM H.10 - Chapter 10 - Certain Iraqi and Afghan Translators and Interpreters 7 USCIS-PM F.10 - Chapter 10 - Certain Afghan and Iraqi Nationals Technical Update - Clarifications Addressing Passage of EB-5 Reform and Integrity Act of 2022 July 18, 2022 This technical update to Volume 6 clarifies the Policy Manual alert boxes published on April 27, 2022 relating to the recent EB-5 Reform and Integrity Act of 2022, which authorizes an EB-5 Immigrant Investor","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-46f78461c4e40dbcbfb0","countryCode":"US","country":"United States","title":"Permanent Adoption of Reproduced Signature Flexibilities","policyEffect":"USCIS made permanent the COVID-19 emergency flexibility allowing electronically reproduced original signatures (such as scanned, faxed, or photocopied original signatures) on benefit forms and petitions, removing the requirement for \"wet ink\" original signatures.","operativeDate":"2022-07-25","year":2022,"affectedGroup":"All immigration petitioners and applicants","materialConditionsAndExceptions":"Validated condition or limit: USCIS made permanent the COVID-19 emergency flexibility allowing electronically reproduced original signatures (such as scanned, faxed, or photocopied original signatures) on benefit forms and petitions, removing the requirement for \"wet ink\" original signatures.","policyCategory":"Administrative simplification / filing flexibilities","policyTool":"Administrative policy guidance / policy manual update","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/newsroom/alerts/uscis-makes-reproduced-signature-flexibility-permanent","preciseCitation":"USCIS Policy Manual, Volume 1, Part B, Chapter 2; USCIS Alert (2022-07-25)","evidencePassage":"for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if: The form was filed up to 90 calendar days from the issuance of a decision we made; and We made that decision between Nov. 1, 2021, and Oct. 23, 2022, inclusive. In an effort to take the lessons learned from our pandemic posture, USCIS has been evaluating which flexibilities can and should be extended permanently. As a result of this evaluation, the reproduced signature flexibility announced in March, 2020, will become permanent policy on July 25, 2022. Please visit uscis.gov/coronavirus for USCIS updates","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-61d883b0a15e1de2486c","countryCode":"US","country":"United States","title":"Uncharacterized military discharges treated as honorable for military naturalization","policyEffect":"USCIS updated policy guidance in Volume 12 of the Policy Manual establishing that an \"Uncharacterized\" military discharge satisfies the statutory requirement of separation \"under honorable conditions\" for military naturalization under INA §§ 328 and 329. This guidance is effective immediately on August 2, 2022, and applies to all currently pending applications as well as to applications filed on or after August 2, 2022. Applicants whose military naturalization applications were previously denied under the prior interpretation may submit another Application for Naturalization (Form N-400), with no filing fee for current or former members of the U.S. armed forces.","operativeDate":"2022-08-02","year":2022,"affectedGroup":"Military service members and former members applying for naturalization under ina 328 or ina 329","materialConditionsAndExceptions":"Validated condition or limit: USCIS updated policy guidance in Volume 12 of the Policy Manual establishing that an \"Uncharacterized\" military discharge satisfies the statutory requirement of separation \"under honorable conditions\" for military naturalization under INA §§ 328 and 329.; This guidance is effective immediately on August 2, 2022, and applies to all currently pending applications as well as to applications filed on or after August 2, 2022.; Applicants whose military naturalization applications were previously denied under the prior interpretation may submit another Application for Naturalization (Form N-400), with no filing fee for current or former members of the U.S.","policyCategory":"Citizenship and naturalization","policyTool":"Administrative guidance / manual update","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220802-UncharacterizedDischarges.pdf","preciseCitation":"USCIS Policy Alert PA-2022-19, \"Uncharacterized Military Discharges Eligible for Naturalization,\" August 2, 2022.","evidencePassage":"As a result, USCIS has determined that an “Uncharacterized” discharge also satisfies the statutory requirement of a separation “under honorable conditions.” … This guidance, contained in Volume 12 of the Policy Manual, is effective immediately and applies to all currently pending applications as well as to applications filed on or after August 2, 2022. … Applicants whose military naturalization applications were previously denied under the prior interpretation may submit another Application for Naturalization (Form N-400). There is no filing fee for Form N-400 for current or former members of the U.S. armed forces.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ebe32b5aca0c44a29241","countryCode":"US","country":"United States","title":"Policy Guidance on Special Immigrant and Nonimmigrant Religious Workers (R-1)","policyEffect":"USCIS updated Volumes 2 and 6 of the Policy Manual regarding Special Immigrant Religious Workers and R-1 nonimmigrants, clarifying third-party compensation structures.","operativeDate":"2022-08-30","year":2022,"affectedGroup":"Special immigrant and r-1 nonimmigrant religious workers and petitioners","materialConditionsAndExceptions":"","policyCategory":"Religious worker migration","policyTool":"Administrative guidance / manual update","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220830-ReligiousWorkers.pdf","preciseCitation":"","evidencePassage":"This update provides reorganized and more detailed information related to special immigrant religious workers. In addition, for both special immigrant and R-1 nonimmigrant religious worker petitions, this update clarifies the circumstances under which certain related petitioners may meet the compensation requirements even if the attesting employer is not the entity that will directly compensate the religious worker. … This guidance, contained in Volumes 2 and 6 of the Policy Manual, is effective immediately and applies prospectively to petitions filed on or after that date. … Clarifies that, in situations where the attesting employer is not the entity that will directly compensate the religious worker, USCIS will review the relationship between the attesting employer and the entity directly compensating the religious worker in the totality of the circumstances to confirm eligibility.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-2ac937e994acaef53324cde9","countryCode":"US","country":"United States","title":"Codification of policy allowing issuance of diplomatic nonimmigrant visas in the United States to children born in the U.S.","policyEffect":"Codification of policy allowing issuance of diplomatic nonimmigrant visas in the United States to children born in the U.S. to parents maintaining A-1, A-2, C-2, C-3, G-1, G-3, G-4, or NATO status who are not subject to U.S. jurisdiction.","operativeDate":"2022-08-31","year":2022,"affectedGroup":"Children who are born in the united states, but who are not subject to the jurisdiction thereof because they are born to certain qualified individuals","materialConditionsAndExceptions":"Recorded validated scope: A, C-2, C-3, G or NATO category.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2022/08/31/2022-18810/visas-eligibility-for-diplomatic-visa-issuance-in-the-united-states","preciseCitation":"","evidencePassage":"Eligibility for Diplomatic Visa Issuance In the United States AGENCY: Department of State. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule is promulgated to add categories of nonimmigrants who may be issued nonimmigrant visas in the United States. This amendment will add a limited category of nonimmigrants who are born in the United States, but not subject to the jurisdiction thereof, to noncitizens maintaining A-1, A-2, C-2, C-3, G-1, G-3, G-4, or NATO nonimmigrant status and properly classifiable as such. The goal of these revisions is to codify the longstanding policy allowing such children to be issued diplomatic visas domestically to document their entitlement to A, C, G, or NATO nonimmigrant status. DATES: This rule is effective August 31, 2022. FOR FURTHER INFORMATION CONTACT: Andrea Lage, Acting Senior Regulatory Coordinator, Visa Services, Bureau of Consular Affairs, 600 19th Street NW, Washington, DC 20522, 202-485-7586, <a href=\"/cdn-cgi/l/email-protection#f0a6998391a2959783b08384918495de979f86\"><span class=\"__cf_email__\" data-cfemail=\"5107382230033436221122253025347f363e27\">[email&#160;protected]</span></a>. SUPPLEMENTARY INFORMATION: What changes to 22 CFR 41.111 does the Department propose? This rule amends the regulation identifying categories of nonimmigrants who may be issued nonimmigrant visas in the United States, by adding a limited category of nonimmigrants who are born in the United States, but not subject to the jurisdiction thereof, as they were born to certain nonimmigrants maintaining A-1, A-2, C-2, C-3, G-1, G-3, G-4, or NATO status and properly classifiable as such. Prior to this amendment, the regulation identifying categories of noncitizens authorized to obtain diplomatic nonimmigrant … limited group of children would therefore be present in the United States without any documentation of their A, C-2, C-3, G or NATO nonimmigrant status. The Department's policy is that such children should be issued documentation of their A, C-2, C-3, G or NATO nonimmigrant status, as provided for by law for derivatives of the principal nonimmigrant. This amendment will codify existing policy permitting diplomatic visa issuance in the United States to this limited group of children, whose parents and other family members already are covered by the regulation describing issuance of diplomatic visas … in the A, C-2, C-3, G or NATO category and intend to reenter the United States in that status after a temporary absence abroad and who also present evidence that: (i) They have been lawfully admitted in that status or have, after admission, had their classification changed to that status; and (ii) Their period of authorized stay in the United States in that status has not expired; and (2) Children who are born in the United States, but who are not subject to the jurisdiction thereof because they are born to certain qualified individuals who are currently maintaining status and are properly classifiable","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4026cd647f558834df04","countryCode":"US","country":"United States","title":"Resumption of Cuban Family Reunification Parole (CFRP) Operations","policyEffect":"USCIS formally resumed in-person interview processing under the Cuban Family Reunification Parole program at the U.S. Embassy in Havana, which had been suspended since 2017.","operativeDate":"2022-09-01","year":2022,"affectedGroup":"Cuban beneficiaries of approved family-based immigrant petitions","materialConditionsAndExceptions":"","policyCategory":"Family reunification and humanitarian parole","policyTool":"Program operations resumption","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/newsroom/alerts/uscis-resumes-cuban-family-reunification-parole-program-operations","preciseCitation":"USCIS Alert, \"USCIS Resumes Cuban Family Reunification Parole Program Operations,\" September 1, 2022.","evidencePassage":"this page is out of date. However, some of the content may still be useful, so we have archived the page. Release Date 09/01/2022 U.S. Citizenship and Immigration Services (USCIS) is resuming operations under the Cuban Family Reunification Parole (CFRP) program, beginning with pending CFRP program applications. USCIS has begun to mail interview notices to CFRP program petitioners with instructions for the beneficiary interview. On Aug. 18, USCIS began conducting interviews at the U.S. Embassy Havana. USCIS has limited capacity to conduct interviews at this time, so beneficiaries should not take … , please ensure that both USCIS and the Department of State’s National Visa Center have your current mailing address. To update your address with USCIS, please use our online change of address tool. Contact the National Visa Center by submitting a Public Inquiry Form online. As USCIS resumes CFRP program interviews, we will not email or call you to ask for money or payment of fees. Do not become the victim of an immigration scam. Visit the Avoid Scams page for information and resources. The CFRP program was established in 2007 to provide a safe, orderly pathway to the United States for certain … Cuban beneficiaries of approved family-based immigrant petitions. The program allows certain eligible U.S. citizens and lawful permanent residents who receive an invitation letter to apply for parole for their family members in Cuba. If USCIS approves these family members for parole, they may come to the United States before their immigrant visa priority dates become current. CFRP processing was suspended due to the significant drawdown in U.S. government personnel from U.S. Embassy Havana for security reasons in 2017 and the closure of the USCIS field office in Havana in 2018. Last Reviewed/","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-068e6a9a2a5bf6cf72f7","countryCode":"US","country":"United States","title":"Extension of Temporary Waiver of Form I-693 60-Day Rule for Civil Surgeon Signatures","policyEffect":"USCIS extended the temporary waiver of the requirement that the civil surgeon’s signature on Form I-693 (Report of Medical Examination and Vaccination Record) be dated no more than 60 days before filing the underlying benefit application through March 31, 2023.","operativeDate":"2022-09-29","year":2022,"affectedGroup":"Immigration benefit applicants submitting form i-693 medical examinations","materialConditionsAndExceptions":"Validated condition or limit: USCIS extended the temporary waiver of the requirement that the civil surgeon’s signature on Form I-693 (Report of Medical Examination and Vaccination Record) be dated no more than 60 days before filing the underlying benefit application through March 31, 2023.","policyCategory":"Health and medical examination requirements","policyTool":"Temporary waiver extension / administrative manual update","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220929-I-693FilingReqt.pdf","preciseCitation":"USCIS Policy Alert PA-2022-22, \"Extension of Temporary Waiver of '60-Day Rule' for Report of Medical Examination and Vaccination Record (Form I-693),\" September 29, 2022.","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 September 29, 2022 PA-2022-22 Policy Alert SUBJECT: Extension of Temporary Waiver of “60-Day Rule” for Report of Medical Examination and Vaccination Record (Form I-693) Purpose U.S. Citizenship and Immigration Services (USCIS) is extending the temporary waiver of the requirement that the civil surgeon’s signature on the Report of Medical Examination and Vaccination Record (Form I-693) be dated no more than 60 days before an applicant files the application for the underlying immigration benefit. Background … related processing delays, USCIS has experienced delays in all aspects of operations. Applicants have also experienced difficulties beyond their control, including delays with completing the immigration medical examination. To address these issues, USCIS announced a temporary waiver of the requirement that the civil surgeon’s signature be dated no more than 60 days before the applicant files the application for the underlying immigration benefit, effective December 9, 2021 until September 30, 2022. 2 USCIS is now extending this temporary waiver through March 31, 2023 to further ease processing delays … for Report of Medical Examination and Vaccination Record (Form I-693), PA-2021-29, issued December 9, 2021. To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. PA-2022-22: Extension of Temporary Waiver of “60-Day Rule” for Report of Medical Examination and Vaccination Record (Form I-693) Page: 2 Policy Highlights • Extends temporary waiver of the “60-day rule” requiring that the civil surgeon’s signature on an otherwise valid Form I-693 be dated no more than 60 days before the applicant files the application for the underlying immigration benefit. Summary of Changes","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-95bddf78b8b979932006","countryCode":"US","country":"United States","title":"President sets FY2023 refugee admissions ceiling at 125,000","policyEffect":"The FY2023 presidential determination authorized up to 125,000 refugee admissions and regional allocation ceilings.","operativeDate":"2022-10-01","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: The FY2023 presidential determination authorized up to 125,000 refugee admissions and regional allocation ceilings.","policyCategory":"Humanitarian","policyTool":"Cap quota","sourceName":"Federal Register 87 FR 60547","sourceUrl":"https://www.federalregister.gov/documents/2022/10/06/2022-21913/presidential-determination-on-refugee-admissions-for-fiscal-year-2023","preciseCitation":"Federal Register 87 FR 60547. President sets FY2023 refugee admissions ceiling at 125,000. Effective 2022-10-01.","evidencePassage":"By the authority vested in me as President by the Constitution and the laws of the United States, in accordance with section 207 of the Immigration and Nationality Act (the ``Act'') (8 U.S.C. 1157), and after appropriate consultations with the Congress, I hereby make the following determinations and authorize the following actions: The admission of up to 125,000 refugees to the United States during Fiscal Year (FY) 2023 is justified by humanitarian concerns or is otherwise in the national interest. The admissions numbers shall be allocated among refugees of special humanitarian concern to the … United States in accordance with the following regional allocations: Africa................................................. 40,000 ...... East Asia.............................................. 15,000 ...... Europe and Central Asia................................ 15,000 ...... Latin America/Caribbean................................ 15,000 ...... Near East/South Asia................................... 35,000 ...... Unallocated Reserve.................................... 5,000 ...... The 5,000 unallocated refugee numbers shall be allocated to regional ceilings, as needed. Upon providing notification","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"recovered-us-naturalization-card-proof-20221212","countryCode":"US","country":"United States","title":"Naturalization receipts extend green-card evidence for 24 months","policyEffect":"For Forms N-400 filed on or after December 12, 2022, USCIS receipt notices automatically extended Permanent Resident Cards for 24 months from the expiration date printed on the card. Presented together during that extension period, the receipt notice and expired card provided valid evidence of lawful permanent residence, identity and employment authorization under Form I-9 List A. Naturalization applicants therefore might not need to file Form I-90 while their N-400 remained pending. This changed documentary proof, rather than granting an additional period of lawful permanent resident status.","operativeDate":"2022-12-12","year":2022,"affectedGroup":"Lawful permanent residents filing form n-400 on or after december 12, 2022","materialConditionsAndExceptions":"Validated condition or limit: For Forms N-400 filed on or after December 12, 2022, USCIS receipt notices automatically extended Permanent Resident Cards for 24 months from the expiration date printed on the card.","policyCategory":"Status and employment documentation","policyTool":"Evidence of permanent residence","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20221209-ExtendingPRC.pdf","preciseCitation":"POLICY ALERT - Extension of Permanent Resident Card for Naturalization Applicants","evidencePassage":"stamp in their passport as proof of LPR status. USCIS received comments from the public requesting an automatic extension of PRCs due to the current processing times for naturalization. 2 In response to the comments, USCIS is updating language on its Form N-400 receipt Notice of Action (Form I-797) to include an automatic extension of PRCs for 24 months from the “Card Expires” date listed on the PRC and updating the related policy. 3 USCIS further believes that this policy allows greater flexibility and efficiency by reducing the number of ADIT stamp appointments in field offices, reducing the … Petition to Remove Conditions on Residence (Form I-751) or Form I-90. To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. PA-2022-26: Extension of Permanent Resident Card for Naturalization Applicants Page: 2 Presentation of the Form N-400 receipt notice along with the expired PRC is valid, unexpired evidence of LPR status, as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice. This guidance, contained in Volume 12 of … the Policy Manual, is effective December 12, 2022 and applies to all applications filed on or after December 12, 2022. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Explains that, beginning December 12, 2022, a Form N-400 receipt notice provides an automatic 24-month extension of the PRC and serves as valid, unexpired evidence of LPR status, when presented with the LPR’s expired PRC. • Explains that naturalization applicants may not need to file Form I-90 while their Form N-400 is pending as a result of the 24-month e … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 December 9, 2022 PA-2022-26 Policy Alert SUBJECT: Extension of Permanent Resident Card for Naturalization Applicants Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide that USCIS may automatically extend the validity of a Permanent Resident Card (PRC) (Form I-551) through an Application for Naturalization (Form N-400) receipt notice, without regard to whether the applicant has filed an Application to Replace Permanent Resident Card","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d12c2fc0a1a1e1b58122","countryCode":"US","country":"United States","title":"DHS and DOL add 64,716 H-2B visas for FY2023","policyEffect":"DHS and DOL issued a temporary final rule authorizing up to 64,716 supplemental H-2B visas for FY2023, allocated across returning-worker and country-specific pools.","operativeDate":"2022-12-15","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: DHS and DOL issued a temporary final rule authorizing up to 64,716 supplemental H-2B visas for FY2023, allocated across returning-worker and country-specific pools.","policyCategory":"Work","policyTool":"Cap quota","sourceName":"Federal Register 87 FR 76816","sourceUrl":"https://www.federalregister.gov/documents/2022/12/15/2022-27236/exercise-of-time-limited-authority-to-increase-the-numerical-limitation-for-fy-2023-for-the-h-2b","preciseCitation":"Federal Register 87 FR 76816. DHS and DOL add 64,716 H-2B visas for FY2023. Effective 2022-12-15.","evidencePassage":"Homeland Security, following consultation with the Secretary of Labor, is authorizing the release of an additional 64,716 H-2B visas for FY 2023, subject to certain conditions. The 64,716 visas are divided into the following allocations: For the first half of FY 2023: 18,216 immediately available visas limited to returning workers, in other words, those workers who were issued H-2B visas or held H-2B status in fiscal years 2020, 2021, or 2022, regardless of country of nationality. The-se petitions must request employment start dates on or before March 31, 2023; For the early second half of FY 2023 … before the H-2B petition is approved by USCIS. DHS has determined that this temporary final rule clearly fits within categorical exclusion A3(d) because it interprets or amends a regulation without changing its environmental effect. The amendments to 8 CFR part 214 would authorize up to an additional 64,716 visas for noncitizens who may receive H-2B nonimmigrant visas, of which 44,716 are for returning workers (persons issued H-2B visas or were otherwise granted H-2B status in Fiscal Years 2020, 2021, or 2022). The proposed amendments would also facilitate H-2B nonimmigrants to move to new employment","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-c67286dc741c4aea179e","countryCode":"US","country":"United States","title":"DHS finalizes public charge inadmissibility rule","policyEffect":"DHS finalized a public charge rule defining public charge as likely primary dependence on public cash assistance for income maintenance or long-term institutionalization at government expense.","operativeDate":"2022-12-23","year":2022,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Residence, family, other","policyTool":"Eligibility","sourceName":"Federal Register 87 FR 55472","sourceUrl":"https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility","preciseCitation":"Federal Register 87 FR 55472. DHS finalizes public charge inadmissibility rule. Effective 2022-12-23.","evidencePassage":"is amending its regulations to prescribe how it determines whether noncitizens are inadmissible to the United States because they are likely at any time to become a public charge. Noncitizens who are applicants for visas, admission, and adjustment of status must establish that they are not likely at any time to become a public charge unless Congress has expressly exempted them from this ground of inadmissibility or has otherwise permitted them to seek a waiver of inadmissibility. Under this rule, DHS would determine that a noncitizen is likely at any time to become a public charge if the noncitizen is likely at any time to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. On August 14, 2019, DHS issued a different rule on this topic, Inadmissibility on Public Charge Grounds Final Rule (2019 Final Rule), which is no longer in effect. This rule implements a different policy than the 2019 Final Rule. DATES: This final rule is effective December 23, 2022. This final rule will apply to applications postmarked on or after the effective … time to become a public charge ( i.e., likely to become primarily dependent on the government for subsistence). The final rule also clarifies the types of public benefits that are considered in public charge inadmissibility determinations. This rule will limit such consideration to public cash assistance for income maintenance and long-term institutionalization at government expense.[562 563] Public cash assistance for income maintenance would include cash assistance provided under TANF, SSI, and general assistance. This is the same list of public benefits that are considered under the 1999 Interim","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-6085e0dd735a3006542273df","countryCode":"US","country":"United States","title":"Employment relief for Haitian F-1 students facing severe economic hardship","policyEffect":"Eligible Haitian F-1 students experiencing severe economic hardship from the crisis in Haiti may request employment authorization, work additional hours while school is in session, and reduce their course load while maintaining F-1 status.","operativeDate":"2023-02-04","year":2023,"affectedGroup":"F-1 nonimmigrant students whose country of citizenship is haiti, regardless of country of birth (or individuals having no nationality who last habitually resided in haiti)","materialConditionsAndExceptions":"Recorded validated scope: F-1 student employment authorization and course load requirements.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2023/01/26/2023-01593/employment-authorization-for-haitian-f-1-nonimmigrant-students-experiencing-severe-economic-hardship","preciseCitation":"","evidencePassage":"Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Haiti AGENCY: U.S. Immigration and Customs Enforcement; Department of Homeland Security. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice announces that the Secretary of Homeland Security (Secretary) is suspending certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Haiti, regardless of country of birth (or individuals having no nationality who last habitually resided in Haiti), and who are experiencing severe economic hardship as a direct result of the current crisis in Haiti. The Secretary is taking action to provide relief to these Haitian students who are in lawful F-1 nonimmigrant student status so the students may request employment authorization on the date of publication of this notice, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 nonimmigrant student status. The U.S. Department of Homeland Security (DHS) will deem an F-1 nonimmigrant student granted employment authorization by means of this notice to be … cfemail=\"c8bbadbeb888a1abade6aca0bbe6afa7be\">[email&#160;protected]</span></a>, telephone: (703) 603-3400. This is not a toll-free number. Program information can be found at <a href=\"https://www.ice.gov/sevis/\">https://www.ice.gov/sevis/</a>. SUPPLEMENTARY INFORMATION: What action is DHS taking under this notice? The Secretary is exercising authority under 8 CFR 214.2(f)(9) to temporarily suspend the applicability of certain requirements governing on-campus and off-campus employment for F-1 nonimmigrant students whose country of citizenship is Haiti, regardless of country of birth (or individuals having no nationality who last habitually resided in Haiti), who are present in the United States in lawful F-1 nonimmigrant student status on the date of publication of this notice, and who are experiencing severe economic hardship as a direct result of the current crisis in Haiti. DHS initially suspended certain regulatory requirements for F-1 nonimmigrant students experiencing severe economic hardship as a direct result of the January 12, 2010, earthquake in Haiti. See 75 FR 56120 (Sep. 15, 2010). The original notice was effective from September 15, 2010, until July 22, 2011. A subsequent … coronavirus\">https://www.ice.gov/coronavirus</a> (last visited Nov. 30, 2022). --------------------------------------------------------------------------- Who is covered by this notice? This notice applies exclusively to F-1 nonimmigrant students who, on the date of publication of this notice, meet all of the following conditions: (1) Are a citizen of Haiti, regardless of country of birth (or an individual having no nationality who last habitually resided in Haiti); (2) Were lawfully present in the United States in F-1 nonimmigrant status under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i); (3) Are currently enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified for enrollment for F-1 nonimmigrant students; (4) Are currently maintaining F-1 nonimmigrant status; and (5) Are experiencing severe economic hardship as a direct result of the current crisis in Haiti. This notice applies to F-1 nonimmigrant students in an approved private school in kindergarten through grade 12, public school grades 9 through 12, and undergraduate and graduate education. An F-1 nonimmigrant [[Page 5017]] student","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-6f11eb3d99857feeb8a2","countryCode":"US","country":"United States","title":"Yemen TPS redesignation expands eligibility","policyEffect":"DHS redesignates Yemen for TPS for the period 2023-03-04 through 2024-09-03, allowing additional eligible Yemeni nationals, and persons without nationality who last habitually resided in Yemen, to obtain TPS. Applicants must have continuously resided in the United States since 2022-12-29, have been continuously physically present since 2023-03-04, and meet the other TPS eligibility and application requirements.","operativeDate":"2023-03-04","year":2023,"affectedGroup":"Eligible yemeni nationals and stateless persons who last habitually resided in yemen","materialConditionsAndExceptions":"Validated condition or limit: DHS redesignates Yemen for TPS for the period 2023-03-04 through 2024-09-03, allowing additional eligible Yemeni nationals, and persons without nationality who last habitually resided in Yemen, to obtain TPS.; Applicants must have continuously resided in the United States since 2022-12-29, have been continuously physically present since 2023-03-04, and meet the other TPS eligibility and application requirements.","policyCategory":"Humanitarian, work","policyTool":"Status extension","sourceName":"US Department of Homeland Security / Federal Register","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2023/01/03/2022-28283.txt","preciseCitation":"Extension and Redesignation of Yemen for Temporary Protected Status","evidencePassage":"Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Notice of Temporary Protected Status (TPS) extension and redesignation. ----------------------------------------------------------------------- SUMMARY: Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Yemen for Temporary Protected Status (TPS) for 18 months, beginning on March 4, 2023, through September 3, 2024. This extension allows existing TPS beneficiaries to retain TPS through September 3, 2024, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through September 3, 2024, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Yemen for TPS. The redesignation of Yemen allows additional Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) who have been continuously residing in the United States since December 29, 2022 to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since December 29, 2022 and meeting other eligibility criteria, initial applicants for TPS under this [[Page 95]] designation must demonstrate that they have been continuously physically present in the United States since March 4, 2023, the effective date of this redesignation of Yemen for TPS. DATES: Extension of Designation of Yemen for TPS: The 18-month designation of Yemen for TPS begins on March 4, 2023, and will remain in effect for 18 months, through September 3, 2024. The extension impacts existing beneficiaries of TPS. Re-registration: The 60-day re-registration period for existing beneficiaries runs from January 3, 2023 through March 6, 2023. (Note: It is important for re-registrants to timely re-register during the registration period and not to wait until their Employment Authorization Documents (EADs) expire, as delaying reregistration could result in gaps in their employment authorization documentation.) Redesignation of Yemen for TPS: The 18-month redesignation of Yemen for TPS begins on March 4","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-0c3140e71b00d6949c31","countryCode":"US","country":"United States","title":"Expansion of Premium Processing to F-1 OPT and STEM OPT Extensions (Phase 1)","policyEffect":"USCIS expanded premium processing service (Form I-907) to certain F-1 students with pending Form I-765 applications for post-completion OPT or 24-month STEM OPT extensions.","operativeDate":"2023-03-06","year":2023,"affectedGroup":"F-1 students with pending form i-765 for opt / stem opt extensions","materialConditionsAndExceptions":"","policyCategory":"Student / work authorization","policyTool":"Processing time acceleration / administrative fee","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/newsroom/alerts/uscis-announces-premium-processing-for-applicants-filing-form-i-765-for-opt-or-stem-opt-extensions","preciseCitation":"USCIS News Alert, \"USCIS Announces Premium Processing for Applicants Filing Form I-765 for OPT or STEM OPT Extensions.\"","evidencePassage":"Announces Premium Processing; New Online-Filing Procedures for Certain F-1 Students Seeking OPT or STEM OPT Extensions Alert Type warning Archived Content The information on this page is out of date. However, some of the content may still be useful, so we have archived the page. Release Date 03/06/2023 WASHINGTON — U.S. Citizenship and Immigration Services announced today the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions who have a pending Form I-765, Application for Employment Authorization, and wish to request a premium processing upgrade. Online filing of Form I-907, Request for Premium Processing Service, is now also available to F-1 students in these categories. USCIS continues to accept the latest paper version of this form by mail. “The availability of premium processing for certain F-1 students, in addition to the ease of online filing, will streamline the immigration experience for a great many international students,” said USCIS Director Ur M. Jaddou. “The ongoing expansion of online filing is a priority for USCIS as we continue to create operational efficiencies and increase access to the immigration system for stakeholders, applicants, petitioners, requestors, and those we serve.” Premium processing expansion for certain F-1 students will occur in phases, and students requesting premium processing should not file before these dates: Beginning March 6, USCIS will accept Form I-907 requests, filed either via paper form or online, for certain F-1 students who already have a pending Form I-765, Application for Employment Authorization, if they are filing under one of the following categories: (c)(3)(A) – Pre-Completion OPT; (c)(3)(B) – Post-Completion OPT; and (c)(3)(C) – 24-Month Extension of OPT for STEM students. Beginning April 3, USCIS will accept Form I-907 requests, filed either via paper form or online, for F-1 students in the above categories when filed together with Form I-765. USCIS will reject premium processing requests for a pending Form I-765 if received before March 6, and will reject any premium processing request for an initial or concurrently filed Form I-765 that is received before April 3. To file Form I-907 online, an applicant must first create a USCIS online account, which provides","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-5faba8b51b6e294220db517e","countryCode":"US","country":"United States","title":"COVID-era asylum-interview interpreter modification extended through September 12, 2023","policyEffect":"DHS extended through September 12, 2023 the temporary modification of interpreter requirements for affirmative asylum interviews during the COVID-19 pandemic.","operativeDate":"2023-03-16","year":2023,"affectedGroup":"Affirmative asylum applicants","materialConditionsAndExceptions":"Recorded validated scope: 8 CFR Part 208.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2023/03/17/2023-05572/asylum-interview-interpreter-requirement-modification-due-to-covid-19","preciseCitation":"","evidencePassage":"COVID-19 AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Temporary final rule; extension. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security (DHS) is extending, for a fourth time, the effective date (for 180 days) of its temporary final rule that modified certain regulatory requirements to help ensure that USCIS may continue with affirmative asylum adjudications during the COVID-19 pandemic. DATES: This temporary final rule is effective from March 16, 2023 through September … 12, 2023. As of March 16, 2023, the expiration date of the temporary final rule published at 85 FR 59655 (Sept. 23, 2020), which was extended at 86 FR 15072 (Mar. 22, 2021), at 86 FR 51781 (Sept. 17, 2021), and at 87 FR 14757 (Mar. 16, 2022), is further extended from March 16, 2023 through September 12, 2023. FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason, Chief, Division of Humanitarian Affairs, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 5900 Capital Gateway Drive, Camp Springs, MD 20588-0009; telephone (240) 721-3000 … the reasons set forth in the preamble, the Secretary of Homeland Security amends 8 CFR part 208 as follows: PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL 0 1. The authority citation for part 208 continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1158, 1226, 1252, 1282; Title VII of Pub. L. 110-229; 8 CFR part 2; Pub. L. 115-218. 0 2. Effective from March 16, 2023 through September 12, 2023, amend Sec. 208.9 by revising paragraph (h) introductory text to read as follows: Sec. 208.9 Procedure for interview before an asylum officer. * * * * * (h) Asylum applicant interpreters. For asylum interviews conducted between March 16, 2023, through September 12, 2023: * * * * * Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security. [FR Doc. 2023-05572 Filed 3-15-23; 11:15 am] BILLING CODE 9111-97-P","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-93a12868f0b768a1b203","countryCode":"US","country":"United States","title":"USCIS and State Department enhance Central American Minors Program","policyEffect":"USCIS and the State Department updated Central American Minors Program eligibility criteria, expanding access for qualifying parents and legal guardians with certain pending asylum, U, or T applications or petitions.","operativeDate":"2023-04-11","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: USCIS and the State Department updated Central American Minors Program eligibility criteria, expanding access for qualifying parents and legal guardians with certain pending asylum, U, or T applications or petitions.","policyCategory":"Humanitarian, family","policyTool":"Entry exit","sourceName":"Federal Register 88 FR 21694","sourceUrl":"https://www.federalregister.gov/documents/2023/04/11/2023-07592/bureau-of-population-refugees-and-migration-central-american-minors-program","preciseCitation":"Federal Register 88 FR 21694. USCIS and State Department enhance Central American Minors Program. Effective 2023-04-11.","evidencePassage":"STATE [CIS No. 2724-22; DHS Docket No. USCIS-2022-0009] RIN 1615-ZB98 Bureau of Population, Refugees, and Migration; Central American Minors Program AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security; Bureau of Population, Refugees, and Migration, Department of State. ACTION: Notice of enhancements to the Central American Minors Program. ----------------------------------------------------------------------- SUMMARY: This notice announces enhancements to the Central American Minors (CAM) Program by, among other things, updating certain eligibility criteria for program … announced the second phase of the CAM Program reopening, which included extended eligibility to request access to the CAM Program as an additional part of a ``multi- pronged approach to address the challenges of irregular migration throughout North and Central America.'' \\62\\ Eligibility for completing AORs to request access to USRAP for their qualifying children was extended to parents or legal guardians with pending asylum applications or who were victims of crime with pending U visa petitions,\\63\\ filed before May 15, 2021. This eligibility date was established as a cutoff to prevent frivolous filings solely for the purpose of gaining access to the CAM Program. This date will be updated to extend eligibility to qualifying parents and legal guardians with pending applications for asylum or U visa petitions filed on or before April 11, 2023. Additionally, requestor eligibility will now extend to parents or legal guardians with pending applications for T nonimmigrant status \\64\\ filed on or before April 11, 2023. New applications consistent with these new dates and categories of eligibility are contingent upon the approval of an updated Form DS-7699. --------------------------------------","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-51ae9709cdecdccc77c4","countryCode":"US","country":"United States","title":"Circumvention of Lawful Pathways (Joint DHS/DOJ Final Rule)","policyEffect":"DHS and DOJ promulgated a rule establishing a rebuttable presumption of asylum ineligibility for noncitizens who enter the United States at the southwest land border or adjacent coastal borders without authorization after transiting through a third country, unless they availed themselves of an existing lawful pathway, presented at a port of entry via a pre-scheduled appointment (such as the CBP One app), or were denied protection in a transit country.","operativeDate":"2023-05-11","year":2023,"affectedGroup":"Asylum seekers / irregular border crossers","materialConditionsAndExceptions":"Validated condition or limit: DHS and DOJ promulgated a rule establishing a rebuttable presumption of asylum ineligibility for noncitizens who enter the United States at the southwest land border or adjacent coastal borders without authorization after transiting through a third country, unless they availed themselves of an existing lawful pathway, presented at a port of entry via a pre-scheduled appointment (such as the CBP One app), or were denied protection in a transit country.","policyCategory":"Asylum / border enforcement","policyTool":"Presumption of asylum ineligibility / transit ban condition","sourceName":"Federal Register (Department of Homeland Security / Department of Justice)","sourceUrl":"https://www.federalregister.gov/documents/2023/05/16/2023-10146/circumvention-of-lawful-pathways","preciseCitation":"88 FR 31314; Federal Register 88 FR 31314. DHS and DOJ finalize Circumvention of Lawful Pathways asylum rule. Effective 2023-05-11.; 88 FR 31314 (May 16, 2023)","evidencePassage":"(“DHS”) and the Department of Justice (“DOJ”) are issuing a final rule in anticipation of a potential surge of migration at the southwest border (“SWB”) of the United States following the termination of the Centers for Disease Control and Prevention's (“CDC”) public health Order. The rule encourages migrants to avail themselves of lawful, safe, and orderly pathways into the United States, or otherwise to seek asylum or other protection in another country through which they travel, thereby reducing reliance on human smuggling networks that exploit migrants for financial gain. The rule does so by introducing a rebuttable presumption of asylum ineligibility for certain noncitizens who neither avail themselves of a lawful, safe, and orderly pathway to the United States nor seek asylum or other protection in a country through which they travel. In the absence of such a measure, which would apply only to those who enter at the southwest land border or adjacent coastal borders during a limited, specified date range, the number of migrants expected to travel without authorization to the United States would be expected to increase significantly, to a level that risks undermining the Departments … citation-208.33) Lawful pathways condition on asylum eligibility. Notwithstanding any contrary section of this part, including §§ 208.2, 208.13, and 208.30— (a) *Condition on eligibility.* (1) *Applicability.* A rebuttable presumption of ineligibility for asylum applies to an alien who enters the United States from Mexico at the southwest land border or adjacent coastal borders without documents sufficient for lawful admission as described in section 212(a)(7) of the Act and whose entry was: (i) Between May 11, 2023, and May 11, 2025, (ii) Subsequent to the end of implementation of the Title 42 … Eligibility for Certain Aliens Who Entered Between May 11, 2023, and May 11, 2025 [§ 1208.33](#sectno-citation-1208.33) Lawful pathways condition on asylum eligibility. Notwithstanding any contrary section of this part, including §§ 1208.2, 1208.13, and 1208.30— (a) *Condition on eligibility.* (1) *Applicability.* A rebuttable presumption of ineligibility for asylum applies to an alien who enters the United States from Mexico at the southwest land border or adjacent coastal borders without documents sufficient for lawful admission as described in section 212(a)(7) of the Act and whose entry was: (i) Between","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-78196253379e3fe979462fb8","countryCode":"US","country":"United States","title":"Implementation of a family reunification parole process (FRP) for Salvadorans.","policyEffect":"Implementation of a family reunification parole process (FRP) for Salvadorans.","operativeDate":"2023-07-10","year":2023,"affectedGroup":"Salvadoran principal beneficiaries of an approved form i-130, petition for alien relative, and their immediate family members","materialConditionsAndExceptions":"Recorded validated scope: Family reunification parole process.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2023/07/10/2023-14475/implementation-of-a-family-reunification-parole-process-for-salvadorans","preciseCitation":"","evidencePassage":"Reunification Parole Process for Salvadorans. ----------------------------------------------------------------------- SUMMARY: This notice announces the U.S. Department of Homeland Security's (DHS) creation and implementation of a family reunification parole process (FRP) for Salvadorans. Under this process, certain Salvadoran principal beneficiaries of an approved Form I-130, Petition for Alien Relative, and their immediate family members, will be issued advance authorization to travel to the United States to seek a discretionary grant of parole into the United States for a period of up to three years, rather than remain outside the United States while awaiting availability of their immigrant visas. This process will allow family members to reunite in the United States while they wait for their immigrant visas to become available. This process is voluntary and intended to provide an additional lawful, safe, and orderly avenue for migration from El Salvador to the United States as an alternative to irregular migration to help relieve pressure at the Southwest Border (SWB) and reunite families, consistent with U.S. national security interests and foreign policy priorities. The process complements … States to seek parole at an interior POE. Individuals who are eligible to be considered for parole under this process include nationals of El Salvador who are beneficiaries of an approved Form I-130 family-based immigrant petition, as well as their immediate family members, who are outside the United States and who have not yet received an immigrant visa. Like the CFRP and HFRP processes, this process requires that the Form I-130 petitioner first receive an invitation to request consideration for advance authorization to travel and parole on behalf of the Salvadoran principal beneficiary of the … approved Form I-130 and the principal beneficiary's immediate family members. As in the CFRP and HFRP processes, this invitation requirement will allow DHS to adjust the number of invitations issued based on the resources available to process requests and to achieve desired policy objectives. If issued advance authorization to travel, the beneficiary will be permitted to travel to the United States to be considered for a discretionary grant of parole on a case-by-case basis at an interior POE. Noncitizens paroled into the United States under this FRP process will generally be paroled for up to three years, consistent with the HFRP process. If granted parole into the United States, parolees will be able to request employment authorization while they wait for their immigrant visa to become available and to apply for adjustment of status to that of an LPR once an immigrant visa becomes available to them. As with the CFRP and HFRP processes, under this FRP process for Salvadorans, parole will only be authorized on a discretionary, case- by-case, and temporary basis upon a demonstration of urgent humanitarian reasons or significant public benefit, as well as a demonstration that the beneficiary","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-b8375ce7d379cce6e482","countryCode":"US","country":"United States","title":"DHS authorizes optional remote Form I-9 document examination for E-Verify employers","policyEffect":"U.S. Immigration and Customs Enforcement (ICE) announced the authorization of an optional alternative procedure to the in-person physical examination of documentation presented by individuals seeking to establish identity and employment authorization for Form I-9, Employment Eligibility Verification. The alternative procedure is available beginning August 1, 2023, only to qualified employers who are participants in good standing in E-Verify (enrolled with respect to all hiring sites using the procedure and in compliance with all E-Verify requirements). To use the procedure within three business days of an employee's first day of employment, employers or authorized representatives must: (1) examine copies (front and back if two-sided) of Form I-9 documents or acceptable receipts to ensure they reasonably appear genuine; (2) conduct a live video interaction with the individual presenting the documents, after the employee transmits a copy and then presents the same documents during the video; (3) indicate on the Form I-9 by completing the corresponding box that an alternative procedure was used; (4) retain a clear and legible copy of the documentation (front and back if two-sided); and (5) make these copies available in the event of a Form I-9 audit or investigation. Employers choosing to offer the alternative procedure must do so consistently for all employees at an E-Verify hiring site, though they may choose to offer it for remote hires only while applying physical examination to onsite or hybrid employees without discriminatory purpose. Employers must also allow employees who are unable or unwilling to submit documentation via the alternative procedure to submit documentation for physical examination. Furthermore, qualified employers who were enrolled in E-Verify at the time of a remote examination under COVID-19 temporary flexibilities between March 20, 2020, and July 31, 2023, and created an E-Verify case (except for reverification) can use the alternative procedure to satisfy the required physical examination by adding 'alternative procedure' and the live video interaction date to the Form I-9 Section 2 Additional Information field or Section 3. Employers may continue using the prior Form I-9 edition (10/21/2019) through October 31, 2023, writing 'alternative procedure' in the Additional Information field, but must use the August 1, 2023 edition no later than November 1, 2023.","operativeDate":"2023-08-01","year":2023,"affectedGroup":"Qualified employers who are participants in good standing in e-verify and their newly hired or reverified employees completing form i-9","materialConditionsAndExceptions":"Validated condition or limit: Immigration and Customs Enforcement (ICE) announced the authorization of an optional alternative procedure to the in-person physical examination of documentation presented by individuals seeking to establish identity and employment authorization for Form I-9, Employment Eligibility Verification.; The alternative procedure is available beginning August 1, 2023, only to qualified employers who are participants in good standing in E-Verify (enrolled with respect to all hiring sites using the procedure and in compliance with all E-Verify requirements).; To use the procedure within three business days of an employee's first day of employment, employers or authorized representatives must: (1) examine copies (front and back if two-sided) of Form I-9 documents or acceptable receipts to ensure they reasonably appear genuine; (2) conduct a live video interaction with the individual presenting…","policyCategory":"Work, other","policyTool":"Processing","sourceName":"Immigration New Zealand","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2023-07-25/html/2023-15533.htm","preciseCitation":"DHS optional alternative FormI-9 document examination procedure, FR2023-15533,88FR47749,25July2023; operative1August2023. Full original text including footnotes retained.","evidencePassage":"Federal Register, Volume 88 Issue 141 (Tuesday, July 25, 2023) [Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)] [Rules and Regulations] [Pages 47749-47754] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2023-15533] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 274a [DHS Docket No. ICEB-2021-0010] RIN 1653-AA86 Optional Alternative 1 to the Physical Document Examination Associated With Employment Eligibility Verification (Form I-9) AGENCY: U.S. Immigration and Customs Enforcement, Department of Homeland Security. ACTION: Authorization of alternative procedure. ----------------------------------------------------------------------- SUMMARY: U.S. Immigration and Customs Enforcement is announcing the authorization of an optional alternative procedure to the in-person physical examination of the documentation presented by individuals seeking to establish identity and employment authorization for the purpose of completing the Form I-9, Employment Eligibility Verification (Form I-9). DATES: The alternative procedure is available beginning on August 1, 2023. FOR FURTHER INFORMATION CONTACT: Sharon Hageman, Deputy Assistant Director, Office of Regulatory Affairs and Policy, U.S. Immigration and Customs Enforcement, Department of Homeland Security, 500 12th Street SW, Washington, DC 20536. Telephone 202-732-6960 (not a toll-free number). SUPPLEMENTARY INFORMATION: I. Background and Purpose A. Final Rule This action accompanies a DHS final rule, Optional Alternatives to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9), that appears in this edition of the Federal Register. Under the rule, the Secretary of Homeland Security (the Secretary) may, as an optional alternative to the in- person physical document examination (physical examination) method employers have followed as part of the Form I-9 process set forth in current regulations, authorize alternative documentation examination procedures. [[Page 47750]] The Secretary may authorize alternative documentation examination procedures with respect to some or all employers as part of a pilot program, or upon a determination that such procedures offer an equivalent level of security, or as a temporary measure to address a public health emergency declared by the Secretary of Health and Human Services (pursuant to Section 319 of the Public Health Service Act) or a national emergency declared by the President (pursuant to Sections 201 and 301 of the National Emergencies Act). Consistent with that rule and following consideration of the public comments received on the notice of proposed rulemaking (NPRM) that preceded issuance of the final rule, this notice introduces the parameters of an alternative procedure to complete the Form I-9.\\1\\ … \\1\\ This notice incorporates the statement of basis and purpose and discussion of public comments contained in the accompanying rule. --------------------------------------------------------------------------- B. Form I-9 Physical Examination Requirements Separate from the Form I-9 flexibilities that were announced by DHS during the COVID-19 national emergency,\\2\\ current regulations for the Form I-9 require that, within three business days after the first day of employment (i.e., the first day of work in exchange for wages or other remuneration), employers must physically examine the documentation presented by new employees from the Lists of Acceptable Documents (``Form I-9 documents''),\\3\\ or an acceptable receipt,\\4\\ to ensure that the documentation presented reasonably appears to be genuine and to relate to the individual who presents it. See 8 CFR 274a.2(b)(1)(ii)(A), (b)(1)(vi). Employers must then complete Section 2, ``Employer Review and Verification,'' of the Form I-9. See 8 CFR 274a.2(b)(1)(ii)(B). If reverification is required, the employee or referred individual must present a document that shows continued employment authorization or a new grant of employment authorization. See 8 CFR 274a.2(b)(1)(vii). If the employer rehires an individual for whom it previously completed the Form I-9 and complied with the corresponding verification requirements, the employer may inspect the original Form I-9. See 8 CFR 274a.2(c). If the rehired employee's employment authorization, as noted on the original Form I-9, is expired when the individual is rehired, the employer must conduct reverification. See 8 CFR 274a.2(c). Employers cannot discriminate against employees based on citizenship, immigration status, or national origin during the Form I-9 process. See, e.g., 8 U.S.C. 1324b. --------------------------------------------------------------------------- \\2\\ The last announcement, issued on October 11, 2022, extended the Form I-9 flexibilities first announced in March 2020 until July 31, 2023. \\3\\ The Lists of Acceptable Documents is part of Form I-9 at https://www.uscis.gov/sites/default/files/document/forms/i-9-paper-version.pdf (last visited on June 1, 2023). \\4\\ Occasionally, employees may present a ``receipt'' in place of a List A, B, or C document. An acceptable receipt is valid for a specified period of time so an employer can complete the Form I-9. Employers cannot accept receipts if employment will last less than three days. An acceptable receipt may be a receipt for the application to replace a List A, B, or C document that was lost, stolen, or damaged; the arrival portion of Form I-94 (Arrival/ Departure Record) with a temporary Form I-551 stamp and a photograph of the individual; the departure portion of Form I-94 (Arrival/ Departure Record) with an unexpired refugee admission stamp; or an admission code of ``RE.'' See USCIS, Handbook for Employers, M-274, available at https://www.uscis.g","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d3e6e99a8884e696f504","countryCode":"US","country":"United States","title":"CSPA \"Sought to Acquire\" Requirement Policy Clarification on Extraordinary Circumstance Excusal","policyEffect":"USCIS issued Policy Alert PA-2023-24 updating Volume 7 of the Policy Manual to clarify that the agency considers its February 14, 2023 CSPA policy change an \"extraordinary circumstance\" that excuses an applicant's failure to satisfy the 1-year \"sought to acquire\" requirement under the Child Status Protection Act. The update clarifies that applicants whose applications were pending on Feb 14, 2023 satisfy the requirement if filed within 1 year of visa availability under prior guidance.","operativeDate":"2023-08-24","year":2023,"affectedGroup":"Derivative child adjustment applicants affected by visa availability shifts","materialConditionsAndExceptions":"Validated condition or limit: USCIS issued Policy Alert PA-2023-24 updating Volume 7 of the Policy Manual to clarify that the agency considers its February 14, 2023 CSPA policy change an \"extraordinary circumstance\" that excuses an applicant's failure to satisfy the 1-year \"sought to acquire\" requirement under the Child Status Protection Act.; The update clarifies that applicants whose applications were pending on Feb 14, 2023 satisfy the requirement if filed within 1 year of visa availability under prior guidance.","policyCategory":"Legal status / child status protection act (cspa) / adjustment of status","policyTool":"Policy excusal / administrative flexibility","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230824-CSPA.pdf","preciseCitation":"U.S. Citizenship and Immigration Services, Policy Alert PA-2023-24, \"Sought to Acquire Requirement Under the Child Status Protection Act\" (August 24, 2023).","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 August 24, 2023 PA-2023-24 Policy Alert SUBJECT: Sought to Acquire Requirement Under the Child Status Protection Act Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that USCIS considers the recent February 14, 2023, policy change to be an extraordinary circumstance that may excuse the “sought to acquire” requirement under the Child Status Protection Act (CSPA) in particular situations. 1 Background The CSPA protects certain beneficiaries … new policy. To address these issues, USCIS is updating policy guidance to clarify that USCIS considers the February 14, 2023, policy change to be an extraordinary circumstance that may excuse an applicant’s failure to meet the “sought to acquire” requirement provided that the delay in filing the adjustment of status application is reasonable under the circumstances. The reasonableness of the delay is determined from August 24, 2023, the date USCIS is publishing this policy considering the February 14, 2023, policy change to be an extraordinary circumstance. This guidance, contained in Volume … 7 of the Policy Manual, is effective immediately and applies to adjustment of status applications adjudicated by USCIS on or after August 24, 2023. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Clarifies that USCIS may excuse an applicant’s failure to satisfy the “sought to acquire” requirement in cases where the applicant did not file their adjustment application because USCIS could not calculate their CSPA age or would have calculated their CSPA age to be over 21 years old under the prior policy, but they are now eligible for CSPA age-out protection under the new policy. 7 • Clarifies that USCIS considers applicants whose adjustment of status applications were pending on February 14, 2023, to have satisfied the “sought to acquire” requirement if the applicant had applied for adjustment of status within 1 year of visa availability under the policy guidance in effect at the time of filing. Summary of Changes 6 See Volume 7, Adjustment of Status, Part A, Adjustment of Status Policies and Procedures, Chapter 7, Child Status Protection Act, Section F, Family and Employment-Based Preference and Diversity","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5644aac550fe71beb563","countryCode":"US","country":"United States","title":"Clarification of Evidentiary Evaluation for EB-1 Extraordinary Ability (E11) and Outstanding Professors/Researchers (E12)","policyEffect":"USCIS updated Volume 6 of the Policy Manual to clarify how adjudicators evaluate initial evidence and totality of circumstances for EB-1 extraordinary ability (E11) and outstanding professor/researcher (E12) petitions. The update provides specific examples of qualifying evidence (including STEM fields) and comparable evidence standards.","operativeDate":"2023-09-12","year":2023,"affectedGroup":"Extraordinary ability individuals and outstanding academic researchers","materialConditionsAndExceptions":"","policyCategory":"High-skilled migration / first preference employment-based (eb-1)","policyTool":"Evidentiary guidance / standardization","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230912-ExtraordinaryAbilityOutstandingProfessor.pdf","preciseCitation":"U.S. Citizenship and Immigration Services, Policy Alert PA-2023-26, \"Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications\" (September 12, 2023).","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 September 12, 2023 PA-2023-26 Policy Alert SUBJECT: Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS evaluates evidence to determine eligibility for extraordinary ability and outstanding professor or researcher first preference employment-based immigrant visa classifications. 1 Background Persons with extraordinary … update provides additional guidance regarding the evaluation of evidence submitted in support of E11 extraordinary ability and E12 outstanding professor or researcher petitions. Among other revisions, this update incorporates more detailed guidance and examples, similar to previously- issued nonimmigrant guidance for O-1A nonimmigrants of extraordinary ability. 2 This guidance, contained in Volume 6 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Adds clarifying guidance describing examples of evidence that may satisfy the relevant evidentiary criteria or qualify as comparable evidence, as well as considerations for evaluating 1 See INA 203(b)(1)(A)-(B). See 8 CFR 204.5(h)-(i). 2 See O-1 Nonimmigrant Status for Persons of Extraordinary Ability or Achievement, PA-2022-03, issued January 21, 2022. To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. PA-2023-26: Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications Page: 2 such evidence, with a focus on science, technology, engineering, or mathematics (STEM) fields. • Clarifies how officers evaluate the totality of the evidence to determine eligibility for E11 extraordinary ability and E12 outstanding professor or researcher petitions and provides examples of positive factors that officers may consider. Summary of Changes Affected Section: Volume 6 > Part F > Chapter 2 > Section B, Evidence of Extraordinary Ability • Revises Section B throughout, including incorporating content from Appendix: Extraordinary Ability Petitions – First Step of Reviewing Evidence and reorganizing and revising content. Affected Section","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ce36aa934bf35f0bcbb1","countryCode":"US","country":"United States","title":"Extension of Maximum Validity Period to 5 Years for Certain Employment Authorization Documents (EADs)","policyEffect":"USCIS updated Volume 10 of the Policy Manual to increase the maximum validity period for initial and renewal Employment Authorization Documents (EADs, Form I-766) to 5 years for certain noncitizen categories. Covered categories include refugees, asylees, noncitizens granted withholding of removal, and noncitizens with pending applications for asylum, withholding of removal, adjustment of status under INA 245, or cancellation of removal.","operativeDate":"2023-09-27","year":2023,"affectedGroup":"Asylees, refugees, adjustment of status applicants, and withholding recipients","materialConditionsAndExceptions":"Validated condition or limit: USCIS updated Volume 10 of the Policy Manual to increase the maximum validity period for initial and renewal Employment Authorization Documents (EADs, Form I-766) to 5 years for certain noncitizen categories.","policyCategory":"Employment authorization / administrative work permits","policyTool":"Rule change / validity extension","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230927-EmploymentAuthorizationValidity.pdf","preciseCitation":"U.S. Citizenship and Immigration Services, Policy Alert PA-2023-27, \"Employment Authorization Document Validity Period for Certain Categories\" (September 27, 2023).","evidencePassage":"with pending applications for adjustment of status under INA 245; and a maximum 1-year validity period for noncitizens paroled as refugees and noncitizens seeking suspension of deportation or cancellation of removal. In the interest of reducing the burden on both USCIS and the public, USCIS is revising its guidelines to increase the maximum EAD validity periods for these categories up to 5 years. This update addresses certain EAD-related stakeholder feedback USCIS received in response to a Request for Public Input (RPI). 5 Specifically, the RPI feedback suggested increasing maximum EAD validity … period for initial and renewal EADs from 2 years to 5 years for those admitted as refugees, 7 granted asylum, 8 and granted withholding of deportation or removal. 9 • Updates the maximum validity period for initial and renewal EADs from 2 years to 5 years for those with pending applications for asylum or withholding of removal 10 and those with pending applications for adjustment of status under INA 245. 11 5 See 86 FR 20398 (Apr. 19, 2021). 6 EADs issued before that date are not affected. USCIS will continue to issue replacement EADs with the same validity periods as the original EAD. Applicants file for a replacement EAD if their card has been lost, stolen, mutilated, or when the previously issued card contains erroneous information, such as a misspelled name. 7 See 8 CFR 274.12(a)(3). 8 See 8 CFR 274.12(a)(5). 9 See 8 CFR 274.12(a)(10). 10 See 8 CFR 274a.12(c)(8). 11 See 8 CFR 274a.12(c)(9). PA-2023-27: Employment Authorization Document Validity Period for Certain Categories Page: 3 • Updates the maximum validity period for initial and renewal EADs from 1 year to 5 years for those with pending applications for suspension of deportation or cancellation of removal. 12 • Updates the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5831e7fb1ef6ec3a9ea8","countryCode":"US","country":"United States","title":"State Department reverts visa public charge regulations from 2019 IFR","policyEffect":"The State Department declined to finalize the 2019 visa public charge interim final rule and reverted to prior regulatory text while continuing to apply Foreign Affairs Manual guidance.","operativeDate":"2023-10-05","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Family, residence, visitor, study, work, other","policyTool":"Eligibility","sourceName":"Federal Register 88 FR 60578","sourceUrl":"https://www.federalregister.gov/documents/2023/09/05/2023-19047/visas-ineligibility-based-on-public-charge","preciseCitation":"Federal Register 88 FR 60578. State Department reverts visa public charge regulations from 2019 IFR. Effective 2023-10-05.","evidencePassage":"Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of State 22 CFR Part 40 [Public Notice: 11921] RIN 1400-AE87 ( printed page 60574) AGENCY: Department of State. ACTION: Final rule. SUMMARY: The Department of State (“Department”) has decided not to finalize the regulatory amendments made by the 2019 interim final rule entitled “Visas: Ineligibility Based on Public Charge Grounds” published in the Federal Register on October 11, 2019 (“2019 IFR”). The 2019 IFR implemented such amendments based on an intention to more closely align with the standards then applied by the U.S. Department of Homeland Security (“DHS”) to determine inadmissibility on public charge grounds. In 2022, DHS published a new Final Rule (“2022 DHS Final Rule”). As such, the 2019 IFR no longer meets the policy aim of consistency with DHS standards. In declining to finalize the regulatory amendments made by the 2019 IFR, the Department will instead revert to regulatory text that was in place prior to the publication of the 2019 IFR and will continue to apply the guidance set out in the Foreign Affairs Manual (“FAM”). This regulatory text, together … and (2) if so, what final rule should be adopted regarding visa ineligibility on public charge grounds. As detailed below, following receipt of a range of public comments in response to the 2019 IFR and the 2021 Public Comment Reopening, the Department has decided not to finalize the regulatory amendments made by the 2019 IFR. Instead, the Department is removing from 22 CFR 40.41 the regulations promulgated in the 2019 IFR and restoring the regulatory text as it appeared prior to the issuance of the 2019 IFR (“Prior Rule”).[14] The Prior Rule was published in 1997, and, with non-substantive changes … the public charge ground of inadmissibility that existed prior to the 2019 IFR, this final rule removes the amendments to the regulation made by the 2019 IFR and restores the regulatory text of the Prior Rule. The Department finds, following its review of the public comments and the changes in circumstances following publication of the 2019 IFR, that the Department's policy of ensuring consistency with DHS no longer supports the 2019 IFR and that the Department should conduct further notice-and-comment rulemaking in light of the 2022 DHS Final Rule. The Public Comment Reopening solicited comments","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-cb46743e4e34b26a7567","countryCode":"US","country":"United States","title":"Ukraine TPS redesignation expands eligibility","policyEffect":"DHS redesignates Ukraine for TPS for the period 2023-10-20 through 2025-04-19, allowing additional eligible Ukrainian nationals, and persons without nationality who last habitually resided in Ukraine, to obtain TPS. Applicants must have continuously resided in the United States since 2023-08-16, have been continuously physically present since 2023-10-20, and meet the other TPS eligibility and application requirements.","operativeDate":"2023-10-20","year":2023,"affectedGroup":"Eligible ukrainian nationals and stateless persons who last habitually resided in ukraine","materialConditionsAndExceptions":"Validated condition or limit: DHS redesignates Ukraine for TPS for the period 2023-10-20 through 2025-04-19, allowing additional eligible Ukrainian nationals, and persons without nationality who last habitually resided in Ukraine, to obtain TPS.; Applicants must have continuously resided in the United States since 2023-08-16, have been continuously physically present since 2023-10-20, and meet the other TPS eligibility and application requirements.","policyCategory":"Humanitarian, work","policyTool":"Status extension","sourceName":"US Department of Homeland Security / Federal Register","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2023/08/21/2023-17875.txt","preciseCitation":"Extension and Redesignation of Ukraine for Temporary Protected Status","evidencePassage":"Ukraine for Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Notice of Temporary Protected Status (TPS) extension and redesignation. ----------------------------------------------------------------------- SUMMARY: Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Ukraine for Temporary Protected Status (TPS) for 18 months, beginning on October 20, 2023, and ending on April 19, 2025. This extension allows existing TPS beneficiaries to retain TPS through April 19, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through April 19, 2025, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Ukraine for TPS. The redesignation of Ukraine allows additional Ukrainian nationals (and individuals having no nationality who last habitually resided in Ukraine) who have been continuously residing in the United States since August 16, 2023, to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since August 16, 2023, and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since October 20, 2023, the effective date of this redesignation of Ukraine for TPS. DATES: Extension of Designation of Ukraine for TPS: The 18-month designation of Ukraine for TPS begins on October 20, … Ukraine (or individuals having no nationality who last habitually resided in Ukraine) to (1) re-register for TPS and to apply for renewal of their EADs with USCIS or (2) submit an initial registration application under the redesignation and apply for an EAD. Re-registration is limited to individuals who have previously registered for TPS under the prior designation of Ukraine and whose applications have been granted. Failure to re-register properly within the 60-day re-registration period may result in the withdrawal of your TPS following appropriate procedures. See 8 CFR 244.14. For individuals who","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp-0048f71a78fc5ef478f4","countryCode":"US","country":"United States","title":"DHS implements Ecuadorian family reunification parole process","policyEffect":"DHS implemented a family reunification parole process for certain Ecuadorian beneficiaries of approved family-based immigrant visa petitions.","operativeDate":"2023-11-16","year":2023,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Family, residence, humanitarian","policyTool":"Entry exit","sourceName":"Federal Register 88 FR 78769","sourceUrl":"https://www.federalregister.gov/documents/2023/11/16/2023-25313/implementation-of-a-family-reunification-parole-process-for-ecuadorians","preciseCitation":"Federal Register 88 FR 78769. DHS implements Ecuadorian family reunification parole process. Effective 2023-11-17.","evidencePassage":"ns AGENCY: Department of Homeland Security. ACTION: Notice of implementation of a family reunification parole process for Ecuadorians. ----------------------------------------------------------------------- SUMMARY: This notice announces the U.S. Department of Homeland Security's (DHS) creation and implementation of a family reunification parole (FRP) process for Ecuadorians. Under this process, certain Ecuadorian principal beneficiaries of an approved Form I-130, Petition for Alien Relative, and their immediate family members, will be issued advance authorization to travel to the United State … s to seek a discretionary grant of parole into the United States for a period of up to three years, rather than remain outside the United States while awaiting availability of their immigrant visas. This process will allow family members to reunite in the United States while they wait for their immigrant visas to become available. This process is voluntary and intended to provide an additional lawful, safe, and orderly avenue for migration from Ecuador to the United States as an alternative to irregular migration to help relieve pressure at the Southwest Border (SWB) and to reunite families, c … he beneficiary will no longer be eligible for an immigrant visa. DHS will make these determinations on a case-by-case basis and will provide a written notice. --------------------------------------------------------------------------- B. Beneficiaries A beneficiary is a national of Ecuador (or their immediate family member of any nationality) who is outside the United States and who may be considered for a discretionary grant of parole under this FRP process. To be considered for a discretionary issuance of advance authorization to travel to the United States to seek a discretionary grant of p … arole at the POE under this process, a beneficiary must: <bullet> Be outside the United States; <bullet> Be the principal beneficiary (or a derivative beneficiary spouse or child) \\65\\ of an approved Form I-130, Petition for Alien Relative; --------------------------------------------------------------------------- \\65\\ See INA sec. 203(d), 8 U.S.C. 1153(d); see also INA sec. 101(b)(1), 8 U.S.C. 1101(b)(1) (defining ``child,'' in general, as meaning ``an unmarried person under twenty-one years of age''). If a principal beneficiary married or had a child after USCIS approved the underlying Form … onsistent with U.S. national security interests and foreign policy priorities. The process complements other efforts to collaboratively manage migration in the Western Hemisphere and at the SWB as the U.S. Government (USG) continues to implement its broader, multi-pronged, regional strategy to address the challenges posed by irregular migration. DATES: DHS will begin using the Form I-134A, Online Request to be a [[Page 78763]] Supporter and Declaration of Financial Support, for this process on November 16, 2023. FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason, Chief, Humanitarian Aff","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-b04897bc279713db60a0","countryCode":"US","country":"United States","title":"Afghanistan TPS redesignation expands eligibility","policyEffect":"DHS redesignates Afghanistan for TPS for the period 2023-11-21 through 2025-05-20, allowing additional eligible Afghan nationals, and persons without nationality who last habitually resided in Afghanistan, to obtain TPS. Applicants must have continuously resided in the United States since 2023-09-20, have been continuously physically present since 2023-11-21, and meet the other TPS eligibility and application requirements.","operativeDate":"2023-11-21","year":2023,"affectedGroup":"Eligible afghan nationals and stateless persons who last habitually resided in afghanistan","materialConditionsAndExceptions":"Validated condition or limit: DHS redesignates Afghanistan for TPS for the period 2023-11-21 through 2025-05-20, allowing additional eligible Afghan nationals, and persons without nationality who last habitually resided in Afghanistan, to obtain TPS.; Applicants must have continuously resided in the United States since 2023-09-20, have been continuously physically present since 2023-11-21, and meet the other TPS eligibility and application requirements.","policyCategory":"Humanitarian, work","policyTool":"Status extension","sourceName":"US Department of Homeland Security / Federal Register","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2023/09/25/2023-20791.txt","preciseCitation":"Extension and Redesignation of Afghanistan for Temporary Protected Status","evidencePassage":"of Afghanistan for Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Notice of Temporary Protected Status (TPS) extension and redesignation. ----------------------------------------------------------------------- SUMMARY: Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months, beginning on November 21, 2023, and ending on May 20, 2025. This extension … allows existing TPS beneficiaries to retain TPS through May 20, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through May 20, 2025, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Afghanistan for TPS. The redesignation of Afghanistan allows additional Afghan nationals (and individuals having no nationality who last habitually resided in Afghanistan) who have been continuously residing in the United States since September 20, … 2023, to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since September 20, 2023, and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since November 21, 2023, the effective date of this redesignation of Afghanistan for TPS. DATES: Extension of Designation of Afghanistan for TPS: The 18-month designation of Afghanistan","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-f3dcc2e4c00d882c7e04","countryCode":"US","country":"United States","title":"Clarification on Immigrant Intent and Employment Rules for F and M Nonimmigrant Students","policyEffect":"Consolidated and updated Policy Manual guidance confirming that F and M students may maintain nonimmigrant intent while being the beneficiary of a permanent labor certification (PERM) or immigrant visa petition, provided they demonstrate intent to depart after a temporary stay, and clarified rules governing STEM OPT extensions and on/off-campus employment authorizations. Phase scope: Operative for all student status adjudications and applications filed on or after December 20, 2023.","operativeDate":"2023-12-20","year":2023,"affectedGroup":"F and m students","materialConditionsAndExceptions":"Validated condition or limit: Consolidated and updated Policy Manual guidance confirming that F and M students may maintain nonimmigrant intent while being the beneficiary of a permanent labor certification (PERM) or immigrant visa petition, provided they demonstrate intent to depart after a temporary stay, and clarified rules governing STEM OPT extensions and on/off-campus employment authorizations.; Phase scope: Operative for all student status adjudications and applications filed on or after December 20, 2023.","policyCategory":"Study, work","policyTool":"Eligibility","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://uscis.gov/sites/default/files/document/policy-manual-updates/20231220-NonimmigrantStudents.pdf","preciseCitation":"U.S. Citizenship and Immigration Services, Policy Alert PA-2023-34, Nonimmigrant Student Classifications (Dec. 20, 2023)","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 December 20, 2023 PA-2023-34 Policy Alert SUBJECT: Nonimmigrant Student Classifications Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the nonimmigrant student (F and M) classifications, including USCIS’ role in the adjudication of applications for employment authorization and change or reinstatement of status to F or M classifications. Background The F and M nonimmigrant categories are for noncitizens who wish to study in the … adjudicates applications for employment authorization, changes of status, extensions of stay, and reinstatement of status for F and M students and their dependents in the United States. This guidance, contained in Volume 2 of the Policy Manual, is effective immediately and applies prospectively to applications filed on or after December 20, 2023. Effective immediately, the guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Provides general information about the nonimmigrant student (F and M) classifications and explains USCIS’ role in adjudicating applications for employment authorization, changes of status, extension of stay, and reinstatement of status for F and M students and their dependents in the United States. 1 See INA 101(a)(15)(f). 2 See INA 101(a)(15)(m). See 22 CFR 41.61(b)(1). To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. PA-2023-34: Nonimmigrant Student Classifications Page: 2 • Explains that F and M students must have a foreign residence that they have no intention of abandoning, but that F and M students may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay. Summary of Changes Affected Section: Volume 2 > Part F, Students (F, M) • In Chapter 1 (Purpose and Background), adds content to previously reserved Section B (Background). • Adds new Chapters 2, 3, 4, 5, 7, 9, and an appendix. • Revises Chapter 6 (Employment) in its entirety. Affected Section: Volume 2 > Part F > Chapter 8, Change of Status • Retitles Chapter 8 from (Change of Status) to “Change of Status, Extension of Stay, Length of Stay.” • In Section A (General","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-0cc42c861792083c0f10","countryCode":"US","country":"United States","title":"USCIS Policy Update on Untimely Filed Requests for Extension of Stay and Change of Status","policyEffect":"USCIS updated its Policy Manual guidance to clarify officers' discretionary authority under extraordinary circumstances to excuse a nonimmigrant’s failure to timely file an extension of stay (EOS) or change of status (COS) request before the expiration of authorized stay, explicitly listing examples such as labor disputes, work stoppages, and government funding lapses/shutdowns preventing timely certification of labor condition applications (LCAs).","operativeDate":"2024-01-24","year":2024,"affectedGroup":"Nonimmigrants seeking extension of stay or change of status","materialConditionsAndExceptions":"Validated condition or limit: USCIS updated its Policy Manual guidance to clarify officers' discretionary authority under extraordinary circumstances to excuse a nonimmigrant’s failure to timely file an extension of stay (EOS) or change of status (COS) request before the expiration of authorized stay, explicitly listing examples such as labor disputes, work stoppages, and government funding lapses/shutdowns preventing timely certification of labor condition applications (LCAs).","policyCategory":"Legal status / non-immigrant status","policyTool":"Administrative discretion / procedural flexibility","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20240124-UntimelyFiledRequests.pdf","preciseCitation":"USCIS Policy Alert PA-2024-02, \"Untimely Filed Requests for Extension of Stay and Change of Status\", January 24, 2024.","evidencePassage":"U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 January 24, 2024 PA-2024-02 Policy Alert SUBJECT: Untimely Filed Extensions of Stay and Change of Status Requests Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address when USCIS may, in its discretion, excuse untimely filed extensions of stay and change of status requests. Background Generally, certain nonimmigrants present in the United States admitted for a specified period of time, or their petitioners, may request an extension of … , however, USCIS, in its discretion, may excuse the failure to file before the period of authorized status expired. This guidance, contained in Volume 2 of the Policy Manual, is effective immediately and applies prospectively to applications or petitions filed on or after that date. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Provides that USCIS, in its discretion and under certain conditions, may excuse the failure to timely file extensions of stay and change of status requests if the delay was due to extraordinary circumstances beyond the control of the person. • Clarifies that extraordinary circumstances may include but are not limited to: where the delay was due to a slowdown or stoppage of work involving a strike, lockout, or other labor dispute; 1 See 8 CFR 214.1(a). See 8 CFR 214.1(c) for general requirements, such as those relating to passport validity and waivers of inadmissibility for an extension of stay. 2 See INA 248. See 8 CFR 248. 3 See 8 CFR 214.1(c)(4) and 8 CFR 248.1(b). To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. PA-2024-02: Untimely Filed Extensions of Stay and Change of Status Requests Page: 2 or where the primary reason for the late filing is due to a lapse in government funding supporting those adjudications. Summary of Changes Affected Section: Volume 2 > Part A > Chapter 4 > Section A, Extension of Stay or Change of Status • Adds a new italicized subsection “Requirements to Timely File a Request to Extend Stay or Change Status.” USCIS may also make other minor technical, stylistic, and conforming changes consistent with this update. Citation Volume 2: Nonimmigrants, Part A, Nonimmigrant Policies and Procedures, Chapter","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5bc0a142da5078001250","countryCode":"US","country":"United States","title":"State Department announces domestic H-1B visa renewal pilot","policyEffect":"The State Department announced a pilot program to resume domestic visa renewal for certain qualified H-1B nonimmigrant visa applicants.","operativeDate":"2024-01-29","year":2024,"affectedGroup":"Current holders","materialConditionsAndExceptions":"","policyCategory":"Work","policyTool":"Processing","sourceName":"Federal Register 88 FR 88290","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2023-12-21/pdf/2023-28160.pdf","preciseCitation":"Federal Register 88 FR 88290. State Department announces domestic H-1B visa renewal pilot. Effective 2024-01-29.; 88 FR 88290 (December 21, 2023).; 88 FR 88290, \"Pilot Program To Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens\", Public Notice 12285.","evidencePassage":"Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices 88467 SUPPLEMENTARY INFORMATION: None. DEPARTMENT OF STATE renewal of visas within the United States. Do not submit case inquiries, Matthew Ramsey, [Public Notice: 12235] case numbers, bar code numbers, or Executive Director, Office of Privacy and RIN 1400–AF79 photographs from any vias application. Disclosure, Office of the General Counsel. The Department does not intend to Pilot Program To Resume Renewal of address comments as part of this pilot, Participating Agencies: SSA and H–1B Nonimmigrant Visas in the but will … ‘‘Department’’) is announcing a pilot publicly posted to the Federal Law 100–503, 102 Stat. 2507 (1988), as program to resume domestic visa eRulemaking Portal at amended, and the Computer Matching renewal for qualified H–1B www.regualtions.gov. Therefore, you and Privacy Protection Amendments of nonimmigrant visa applicants who meet may wish to consider limiting the 1990 (Privacy Act), (Pub. L. 101–508, certain requirements. This notice amount of personal information that you 104 Stat. 143 (1990)), and the describes the requirements for provide. The Department may withhold regulations and guidance … and are designed to limit the pilot overseas or domestically, within 48 ability to resume domestic visa renewals population to a size that is manageable months of the expiration of their prior for specific nonimmigrant and consistent with available resources, visa in the same classification, will be classifications and to assess the efficacy and control the costs of conducting the eligible for a waiver of the in-person of this program in reducing worldwide pilot, while still testing the efficacy of interview requirement. Based on visa wait times by shifting certain a domestic renewals program. statutory requirements for an interview workloads from overseas posts to the Specifically, the Department is waiver under INA section 222(h)(2), United States. limiting the scope of the pilot to applicants for domestic visa renewal applicants who were previously issued must reside in the United States. II. Pilot Program and Requirements for visas within specified dates by Missions Applicants are not required to submit Participation Canada or India to properly assess the evidence of residence in the United Pursuant to 22 CFR 41.111(b)(3), the performance and capabilities of States at the time … they submit their Deputy Assistant Secretary for Visa contractors who manage the majority of application beyond the information Services (VO DAS) and Department the Department’s worldwide visa requested in the visa application; officials designated by them, are processing. The population of visa however, additional information may be authorized to issue, in their discretion, applicants in India and Canada is requested at any time prior to visa nonimmigrant visas in the United sufficiently representative of the global issuance. States, to qualified applicants who meet population and visa issuances … fall within the limiting the scope of the pilot to include clearance are ineligible for interview pilot’s scope. Consequently, applicants only H–1B applicants. After careful waiver, but such clearance requirements that fall outside of this scope are not consideration, the Visa Office are not public information. Any such eligible to apply for, nor be issued, a determined that including other visa requirement would be based on the visa domestically. categories, including H–4s (dependents applicant’s individual circumstances. Participation in this pilot will be of H–1B principal applicants), created Applicants who do not meet the limited to applicants who(se): additional technical and operational requirements for domestic adjudication 1. Are seeking to renew an H–1B visa; challenges that cannot be resolved as published in this notice, including during the pilot phase, the Department before the pilot launch date. For eligibility for a waiver of the in-person will not process any other visa instance, developing standard operating interview requirement, are not eligible classifications; procedures and training staff to to apply for, nor be issued a visa 2. Prior H–1B visa that is being recommence … Order 14058, signed on December 13, 7. Do not have a visa ineligibility that or collect fingerprints domestically, a 2021 (https://www.whitehouse.gov/ would require a waiver prior to visa key requirement for participation in the briefing-room/presidential-actions/ issuance; pilot is that applicants for domestic visa 2021/12/13/executive-order-on- 8. Have an approved and unexpired renewal must qualify for a waiver of the transforming-federal-customer- H–1B petition; in-person interview requirement under experience-and-service-delivery-to- 9. Were most recently admitted to the section 222(h) of","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-d3fc376b162fc6d6ee15","countryCode":"US","country":"United States","title":"DHS adjusts premium processing fees","policyEffect":"DHS issued a final rule increasing premium processing fees for eligible forms including Form I-129, Form I-140, Form I-539, and Form I-765.","operativeDate":"2024-02-26","year":2024,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: DHS issued a final rule increasing premium processing fees for eligible forms including Form I-129, Form I-140, Form I-539, and Form I-765.","policyCategory":"Work, study, residence, other","policyTool":"Fees","sourceName":"Federal Register 88 FR 89539","sourceUrl":"https://www.federalregister.gov/documents/2023/12/28/2023-28529/adjustment-to-premium-processing-fees","preciseCitation":"Federal Register 88 FR 89539. DHS adjusts premium processing fees. Effective 2024-02-26.","evidencePassage":"details. Department of Homeland Security 8 CFR Part 106 [CIS No. 2757-23; DHS Docket No. USCIS-2018-0003] RIN 1615-ZC05 AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. SUMMARY: The Department of Homeland Security (DHS) is increasing premium processing fees charged by U.S. Citizenship and Immigration Services (USCIS) to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers. The adjustment increases premium processing fees from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805. DATES: Effective … employment authorization on Form I-765, Application for Employment Authorization, the fee was established as $1,500.[8] USCIS is now increasing those premium processing fees provided by Congress in the USCIS Stabilization Act and codified through the USCIS Stabilization Rule by the inflationary adjustment calculation provided by INA 286(u)(3)(C), 8 U.S.C. 1356(u)(3)(C). See USCIS Stabilization Act, Public Law 116-159 (Oct. 1, 2020). II. Basis for Adjustment Section 286(u)(3)(C) of the INA, 8 U.S.C. 1356(u)(3)(C), provides that DHS may adjust the premium fees on a biennial basis by the percentage by","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-c0a1738d42804264ab7b","countryCode":"US","country":"United States","title":"DHS finalizes USCIS fee schedule changes effective April 2024","policyEffect":"DHS finalized broad USCIS fee schedule changes, including new and adjusted fees for many immigration benefit requests and a new asylum program fee for certain employment-based petitioners.","operativeDate":"2024-04-01","year":2024,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: DHS finalized broad USCIS fee schedule changes, including new and adjusted fees for many immigration benefit requests and a new asylum program fee for certain employment-based petitioners.","policyCategory":"Work, residence, family, humanitarian, other","policyTool":"Fees","sourceName":"Federal Register 89 FR 6194","sourceUrl":"https://www.federalregister.gov/documents/2024/01/31/2024-01427/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration","preciseCitation":"Federal Register 89 FR 6194. DHS finalizes USCIS fee schedule changes effective April 2024. Effective 2024-04-01.","evidencePassage":"Request Requirements; Final Rule \u0000\u0000Federal Register / Vol. 89 , No. 21 / Wednesday, January 31, 2024 / Rules and Regulations\u0000\u0000 [[Page 6194]] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 103, 106, 204, 212, 214, 240, 244, 245, 245a, 264, and 274a [CIS No. 2687-21; DHS Docket No. USCIS 2021-0010] RIN 1615-AC68 U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). … ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule adjusts certain immigration and naturalization benefit request fees charged by USCIS. This rule also provides additional fee exemptions for certain humanitarian categories and makes changes to certain other immigration benefit request requirements. USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the full cost of providing adjudication and naturalization services. DHS is adjusting the fee schedule to fully recover costs and maintain … approximately $4,424.0 million. DHS removes approximately $726.7 million of average annual estimated costs by transferring costs to premium processing revenue, reducing the work to be funded by the Asylum Program Fee, and considering the budget effects of improved efficiency measures. 2. Changes in the Asylum Program Fee DHS proposed a new Asylum Program Fee of $600 to be paid by employers who file either a Form I-129, Petition for a Nonimmigrant Worker, Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, or Form I-140, Immigrant Petition for Alien Worker. 88 FR 451. In the … final rule, DHS exempts the Asylum Program Fee for nonprofit petitioners and reduces it by half for small employers. See 8 CFR 106.2(c)(13). The fee will be $0 for nonprofits; $300 for small employers (defined as firms or individuals having 25 or fewer FTE [[Page 6196]] employees); and $600 for all other filers of Forms I-129 and I-140. See 8 CFR 106.1(f) and 106.2(c)(13). 3. Changes to Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fees DHS has updated the USCIS volume forecasts for the EB-5 workload based on more recent and reliable information than what was available while drafting","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-aa59601dcb740b541767","countryCode":"US","country":"United States","title":"DHS again temporarily increases EAD automatic extension period to 540 days","policyEffect":"DHS temporarily increased the automatic extension period for certain timely filed EAD renewal applicants to up to 540 days for applications pending on or after April 8, 2024 or filed during the covered period.","operativeDate":"2024-04-08","year":2024,"affectedGroup":"Current holders","materialConditionsAndExceptions":"Validated condition or limit: DHS temporarily increased the automatic extension period for certain timely filed EAD renewal applicants to up to 540 days for applications pending on or after April 8, 2024 or filed during the covered period.","policyCategory":"Work, humanitarian, residence, family","policyTool":"Work rights","sourceName":"Federal Register 89 FR 24628","sourceUrl":"https://www.federalregister.gov/documents/2024/04/08/2024-07345/temporary-increase-of-the-automatic-extension-period-of-employment-authorization-and-documentation","preciseCitation":"Federal Register 89 FR 24628. DHS again temporarily increases EAD automatic extension period to 540 days. Effective 2024-04-08.","evidencePassage":"Security 8 CFR Part 274a [CIS No. 2767-24; DHS Docket No. USCIS-2024-0002] RIN 1615-AC78 ( printed page 24628) AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Temporary final rule with request for comments. SUMMARY: This rule temporarily amends existing Department of Homeland Security (DHS) regulations to provide that the automatic extension period applicable to expiring Employment Authorization Documents (Forms I-766 or EADs) for certain renewal applicants who have filed Form I-765, Application for Employment Authorization (EAD application), will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs. DHS is taking these steps to help prevent renewal applicants from experiencing a lapse in their employment authorization and documentation. DATES: Effective dates: This temporary final rule (TFR) is effective April 8, 2024, through September 20, 2027, except for the amendments to 8 CFR 274a.13(d)(5), which are effective from April 8, 2024 through October 15, 2025. Submission of public comments: Comments must be received on or before June 7, 2024. ADDRESSES: You may submit comments on the entirety of this temporary final rule package … employment authorization, their families, their employers, and the public at large. To avert these gaps in employment authorization and/or EAD validity for certain renewal EAD applicants, and the resulting harmful effects gaps can cause, DHS is temporarily amending existing DHS regulations to increase the automatic extension period applicable to expiring employment authorization and/or EADs (Form I-766) for certain renewal applicants who have filed EAD applications from up to 180 days to up to 540 days from the expiration date stated on their EADs. The increase will be available to any eligible renewal EAD applicant with an application filed on or after October 27, 2023, and pending on or after April 8, 2024 and any eligible applicant who files a renewal EAD application during the 540-day period beginning on or after April 8, 2024 and ending September 30, 2025. DHS has decided to focus on near-term uncertainty and critical needs of applicants, their families, and their employers by ensuring that, through this TFR, none of them will imminently or in the near-term experience the harmful effects caused by gaps in employment authorization and/or EAD validity due to processing delays. At the same … are eligible for an automatic extension of their employment authorization and/or EADs will receive the 180-day automatic extension period currently provided at 8 CFR 274a.13(d)(1). This TFR applies to two groups of applicants. First, the rule applies to those renewal applicants eligible for the automatic extension who have filed their renewal EAD applications on or after October 27, 2023,[185] which remain pending as of the date this rule goes into effect, [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER ], and whose EAD has not expired or whose current up to 180-day auto-extension has not … yet lapsed, since this group is at imminent or near-term risk of experiencing a gap in employment authorization and/or documentation.[186] Second, the rule applies to new renewal applicants who file their EAD applications during the 18-month period following the rule's effective date to avoid a future gap in employment authorization and/or documentation.[187] However, in recognition of Congress' clear intent in the INA to prohibit and provide penalties for unauthorized employment, including the accountability of employers that employ noncitizens who are not authorized to work in the United States","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-444c99d25d3ed238f19b7509","countryCode":"US","country":"United States","title":"suspension of the employment limitations is available through November 25, 2025","policyEffect":"suspension of the employment limitations is available through November 25, 2025","operativeDate":"2024-05-26","year":2024,"affectedGroup":"F-1 nonimmigrant students who are citizens of burma (or individuals having no nationality who last habitually resided in burma) who were lawfully present in the united states on march 25, 2024","materialConditionsAndExceptions":"Recorded validated scope: On-campus and off-campus employment authorization, reduced course load requirements.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2024/03/25/2024-06096/employment-authorization-for-nationals-of-burma-f-1-nonimmigrant-students-experiencing-severe","preciseCitation":"","evidencePassage":"Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of Current Armed Conflict and the Current Humanitarian Crisis in Burma (Myanmar) AGENCY: U.S. Immigration and Customs Enforcement; Department of Homeland Security. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security is suspending certain [[Page 20676]] regulatory requirements for F-1 nonimmigrant students from Burma who are experiencing severe economic hardship as a direct result of current armed conflict and the current humanitarian crisis in Burma. The Secretary is providing relief to these students who are in lawful F-1 nonimmigrant status, so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 nonimmigrant status. DATES: This action is effective May 26, 2024, through November 25, 2025. FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and Response Unit, Student and Exchange Visitor Program, MS 5600, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC 20536-5600; … nonimmigrant status on May 25, 2021, was effective from May 25, 2021, through November 25, 2022. See 86 FR 28128 (May 25, 2021). A subsequent notice provided for an extension, effective from November 26, 2022, through May 25, 2024, and expanded the applicability of such suspension to F-1 nonimmigrant students from Burma who were in lawful F-1 nonimmigrant student status on September 27, 2022. See 87 FR 58509 (Sept. 27, 2022). Effective with this publication, suspension of the employment limitations is available through November 25, 2025, for those who are in lawful F-1 nonimmigrant status on the … citizen of Burma regardless of country of birth (or an individual having no nationality who last habitually resided in Burma); (2) Were lawfully present in the United States on the date of publication of this notice in F-1 nonimmigrant status under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i); (3) Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified for enrollment for F-1 nonimmigrant students; (4) Are currently maintaining F-1 nonimmigrant status; and (5) Are experiencing severe economic hardship","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-862c18ae61437760edb9","countryCode":"US","country":"United States","title":"DHS and DOJ issue Securing the Border asylum interim final rule","policyEffect":"DHS and DOJ issued an interim final rule implementing entry and asylum limitations during emergency border circumstances following the June 2024 presidential proclamation.","operativeDate":"2024-06-05","year":2024,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Humanitarian, other","policyTool":"Entry exit","sourceName":"Federal Register 89 FR 48710","sourceUrl":"https://www.federalregister.gov/documents/2024/06/07/2024-12435/securing-the-border","preciseCitation":"Federal Register 89 FR 48710. DHS and DOJ issue Securing the Border asylum interim final rule. Effective 2024-06-05.","evidencePassage":"(1)(A), (b)(2)(C), (d)(5)(B); INA 235(b)(1)(B)(iii)(III), (iv), [8 U.S.C. 1225(b)(1)(B)(iii)(III)](https://www.govinfo.gov/link/uscode/8/1225), (iv). ### C. Summary of Provisions of the IFR This IFR adds provisions at [8 CFR 208.13(g)](<https://www.ecfr.gov/current/title-8/section-208.13#p-208.13(g)>), [208.35](https://www.ecfr.gov/current/title-8/section-208.35), [235.15](https://www.ecfr.gov/current/title-8/section-235.15), [1208.13(g)](<https://www.ecfr.gov/current/title-8/section-1208.13#p-1208.13(g)>), and [1208.35](https://www.ecfr.gov/current/title-8/section-1208.35) that effectuate three key changes to the process for those seeking asylum, statutory withholding of removal, or protection under the CAT during emergency border circumstances giving rise to the suspension and limitation on entry under the Presidential Proclamation of June 3, 2024, Securing the Border (“Presidential Proclamation of June 3”): - During emergency border circumstances, persons who enter across the southern border and who are not described in section 3(b) of the Proclamation will be ineligible for asylum unless they demonstrate by a preponderance of the evidence that exceptionally compelling circumstances … CFR 208.35](https://www.ecfr.gov/current/title-8/section-208.35) DHS is adding to [8 CFR part 208](https://www.ecfr.gov/current/title-8/part-208), *Procedures for Asylum and Withholding of Removal,* a new subpart D, *Eligibility for Aliens Who Enter the United States During Emergency Border Circumstances*. Within subpart D, DHS is adding a new § 208.35, *Limitation on asylum eligibility and credible fear procedures for those who enter the United States during emergency border circumstances*. This section sets forth a new limitation on asylum eligibility and screening procedures related to the … application of such limitation in expedited removal proceedings and the conduct of credible fear screenings during the emergency border circumstances. This provision applies notwithstanding any contrary provision of part 208. Section 208.35 consists of the following provisions: Paragraph (a) sets forth the limitation on asylum eligibility. Under the rule, a noncitizen is ineligible for asylum if the noncitizen is described in § 208.13(g) and not described in section 3(b) of the Proclamation. This approach is consistent with the general policy of the Proclamation and rule and provides important … Securing the Border) between the dates described in section 1 of such Proclamation and section 2(a) of such Proclamation (or the revocation of such Proclamation, whichever is earlier), or between the dates described in section 2(b) of such Proclamation and section 2(a) of such Proclamation (or the revocation of such Proclamation, whichever is earlier), refer to the provisions on asylum eligibility described in § 208.35. 3\\. Add subpart D, consisting of § 208.35, to read as follows: # Subpart D—Eligibility for Aliens Who Enter the United States During Emergency Border Circumstances [§ 208.35](#sectno-citation-208.35) Limitation on asylum eligibility and credible fear procedures for those who enter the United States during emergency border circumstances. Notwithstanding any contrary section of this part, including §§ 208.2, 208.13, 208.30, and 208.33— (a) *Limitation on eligibility.* (1) *Applicability.* An alien who is described in § 208.13(g) and who is not described in section 3(b) of the Presidential Proclamation of June 3, 2024, Securing the Border, is ineligible for asylum. (2) *Exceptions.* (i) This limitation on eligibility does not apply if the alien demonstrates by a preponderance","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4d29686a3f2a2450a863","countryCode":"US","country":"United States","title":"Presidential Proclamation 10773 — Securing the Border","policyEffect":"Invokes INA §§ 212(f) and 215(a) to suspend and limit the entry of noncitizens entering irregularly across the southwest land border and adjacent coastal borders whenever daily border encounters exceed specified threshold levels (7-day average of 2,500 encounters), subject to narrow exceptions.","operativeDate":"2024-06-05","year":2024,"affectedGroup":"Irregular border crossers / asylum seekers","materialConditionsAndExceptions":"Validated condition or limit: Invokes INA §§ 212(f) and 215(a) to suspend and limit the entry of noncitizens entering irregularly across the southwest land border and adjacent coastal borders whenever daily border encounters exceed specified threshold levels (7-day average of 2,500 encounters), subject to narrow exceptions.","policyCategory":"Border control / legal entry","policyTool":"Entry suspension / border shutdown thresholds","sourceName":"Executive Office of the President / Office of the Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2024/06/07/2024-12625/securing-the-border","preciseCitation":"89 FR 48487, Presidential Proclamation 10773; PDF (268.1 KB). Proclamation 10773—Securing the Border.","evidencePassage":"Section 1. Suspension and Limitation on Entry. The entry of any noncitizen into the United States across the southern border is hereby suspended and limited, subject to section 3 of this proclamation. This suspension and limitation on entry shall be effective at 12:01 a.m. eastern daylight time on June 5, 2024. The suspension and limitation directed in this proclamation shall be discontinued pursuant to subsection 2(a) of this proclamation, subject to subsection 2(b) of this proclamation.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-f437fbc29a7fa233716f974e","countryCode":"US","country":"United States","title":"Employment relief for Ethiopian F-1 students facing severe economic hardship","policyEffect":"Eligible Ethiopian F-1 students experiencing severe economic hardship from armed conflict and the humanitarian crisis may request employment authorization, work additional hours while school is in session, and reduce their course load while maintaining F-1 status.","operativeDate":"2024-06-13","year":2024,"affectedGroup":"F-1 nonimmigrant students whose country of citizenship is ethiopia","materialConditionsAndExceptions":"Recorded validated scope: employment authorization and course load requirements.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2024/04/15/2024-07642/employment-authorization-for-ethiopian-f-1-nonimmigrant-students-experiencing-severe-economic","preciseCitation":"","evidencePassage":"Students Experiencing Severe Economic Hardship as a Direct Result of the Current Armed Conflict and the Current Humanitarian Crisis in Ethiopia AGENCY: U.S. Immigration and Customs Enforcement; Department of Homeland Security. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security is suspending certain regulatory requirements for F-1 nonimmigrant students from Ethiopia who are experiencing severe economic hardship as a direct result of the current armed conflict and the current humanitarian crisis in Ethiopia. The Secretary is providing relief to these students who are in lawful F-1 nonimmigrant status, so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 nonimmigrant status. DATES: This action is effective June 13, 2024, through December 12, 2025. FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and Response Unit, Student and Exchange Visitor Program, MS 5600, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC 20536-5600; email: <a href=\" … state labor laws limiting the employment of minors. May an eligible F-1 nonimmigrant student who already has on-campus or off-campus employment authorization benefit from the suspension of regulatory requirements under this notice? Yes. An F-1 nonimmigrant student who is an Ethiopian citizen, regardless of country of birth (or an individual having no nationality who last habitually resided in Ethiopia), who already has on-campus or off-campus employment authorization and is otherwise eligible may benefit under this notice, which suspends certain regulatory requirements relating to the minimum","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"record-measure-395614f0d56f38b0032f8701","countryCode":"US","country":"United States","title":"The Secretary is also redesignating Ethiopia for TPS.","policyEffect":"The Secretary is also redesignating Ethiopia for TPS. The redesignation of Ethiopia allows additional Ethiopian nationals (and individuals having no nationality who last habitually resided in Ethiopia) who have been continuously residing in the United States since April 11, 2024, to apply for TPS for the first time","operativeDate":"2024-06-13","year":2024,"affectedGroup":"Nationals of ethiopia (or individuals having no nationality who last habitually resided in ethiopia)","materialConditionsAndExceptions":"Recorded validated scope: new applicants for Temporary Protected Status.","policyCategory":"Migration policy","policyTool":"","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2024/04/15/2024-07643/extension-and-redesignation-of-ethiopia-for-temporary-protected-status","preciseCitation":"","evidencePassage":"TPS beneficiaries to retain TPS through December 12, 2025, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through December 12, 2025, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Ethiopia for TPS. The redesignation of Ethiopia allows additional Ethiopian nationals (and individuals having no nationality who last habitually resided in Ethiopia) who have been continuously residing in the United States since April 11, 2024, to apply for TPS … for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since April 11, 2024, and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since June 13, 2024, the effective date of this redesignation of Ethiopia for TPS. DATES: Extension and Redesignation of Designation of Ethiopia for TPS begins on June 13, 2024, and will remain in effect for … registrants to timely re-register during the registration period and not to wait until their Employment Authorization Documents (EADs) expire, as delaying re-registration could result in gaps in their employment authorization documentation.) Redesignation of Ethiopia for TPS: The 18-month redesignation of Ethiopia for TPS begins on June 13, 2024, and will remain in effect for 18 months, ending on December 12, 2025. The redesignation impacts potential first-time applicants and others who do not currently have TPS. First-time Registration: The initial registration period for new applicants under the … be valid through the same date. Under the redesignation, individuals who currently do not have TPS may submit an initial application during the initial registration period that runs from April 15, 2024, through the full length of the redesignation period ending December 12, 2025. In addition to demonstrating continuous residence in the United States since April 11, 2024, and meeting other eligibility criteria, initial applicants for TPS under this redesignation must demonstrate that they have been continuously physically present in the United States since June 13, 2024,\\1\\ the effective date of … interest of the United States to permit Ethiopian TPS beneficiaries to remain in the United States temporarily. See INA sec. 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). <bullet> The designation of Ethiopia for TPS should be extended for an 18-month period, beginning on June 13, 2024, and ending on December 12, 2025. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). <bullet> Due to the conditions described above, Ethiopia should be simultaneously extended and redesignated for TPS beginning on June 13, 2024, and ending on December 12, 2025. See INA sec. 244(b)(1)(A) and (C) and (b)(2), 8 U.S.C. 1254a(b)(1)(A) and (C) and (b)(2). <bullet> For the redesignation, the Secretary has determined that TPS applicants must demonstrate that they have continuously resided in the United States since April 11, 2024. <bullet> Initial TPS applicants under the redesignation must demonstrate that they have been continuously physically present in the United States since June 13, 2024, the effective date of the redesignation of Ethiopia for TPS. <bullet> There are currently approximately 2,300 beneficiaries under Ethiopia's TPS designation who are eligible to re-register for TPS under the extension. <bullet … conditions are met, and it is not contrary to the national interest of the United States to allow Ethiopian TPS beneficiaries to remain in the United States temporarily. See INA sec. 244(b)(1)(A) and (C), 8 U.S.C. 1254a(b)(1)(A) and (C). On the basis of this determination, I am simultaneously extending the existing designation of Ethiopia for TPS for 18 months, beginning on June 13, 2024, and ending on December 12, 2025, and redesignating Ethiopia for TPS for the same 18-month period. See INA sec. 244(b)(1)(A) and (C) and (b)(2); 8 U.S.C. 1254a(b)(1)(A) and (C), and (b)(2). Alejandro N. Mayorkas","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-654f38a5c1836003d7a4","countryCode":"US","country":"United States","title":"HHS unaccompanied children foundational rule takes effect","policyEffect":"HHS finalized standards for the Office of Refugee Resettlement unaccompanied children program, codifying placement, care, release, and post-release service rules for unaccompanied noncitizen children.","operativeDate":"2024-07-01","year":2024,"affectedGroup":"Current holders","materialConditionsAndExceptions":"","policyCategory":"Humanitarian, other","policyTool":"Processing","sourceName":"Federal Register 89 FR 34384","sourceUrl":"https://www.federalregister.gov/documents/2024/04/30/2024-08329/unaccompanied-children-program-foundational-rule","preciseCitation":"Federal Register 89 FR 34384. HHS unaccompanied children foundational rule takes effect. Effective 2024-07-01.","evidencePassage":"Services (HHS). ACTION: Final rule. SUMMARY: This final rule adopts and replaces regulations relating to key aspects of the placement, care, and services provided to unaccompanied children referred to the Office of Refugee Resettlement (ORR), pursuant to ORR's responsibilities for coordinating and implementing the care and placement of unaccompanied children who are in Federal custody by reason of their immigration status under the Homeland Security Act of 2002 (HSA) and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA). This final rule establishes a foundation for the Unaccompanied Children Program (UC Program) that is consistent with ORR's statutory duties, for the benefit of unaccompanied children and to enhance public transparency as to the policies governing the operation of the UC Program. This final rule implements the 1997 Flores Settlement Agreement (FSA). As modified in 2001, the FSA provides that it will terminate 45 days after publication of final regulations implementing the agreement. ORR anticipates that any termination of the settlement based on this final rule would only be effective for those provisions that affect ORR and would … Act of 2008 UC Program—Unaccompanied Children Program II. Executive Summary A. Purpose of the Regulatory Action On October 4, 2023, the Office of Refugee Resettlement (ORR) published a notice of proposed rulemaking (NPRM or proposed rule), to replace and supersede regulations at 45 CFR part 410, and to codify policies and requirements concerning the placement, care, and services provided to unaccompanied children in Federal custody by reason of their immigration status and referred to ORR.1 The NPRM was based on statutory authorities and requirements provided under the Homeland Security Act of","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-30e87bd990c2422d4d1a","countryCode":"US","country":"United States","title":"DHS implements Keeping Families Together parole-in-place process","policyEffect":"DHS implemented a parole-in-place process for certain noncitizen spouses and stepchildren of U.S. citizens who are present without admission or parole and meet continuous-presence and public-safety criteria.","operativeDate":"2024-08-19","year":2024,"affectedGroup":"Certain noncitizen spouses and stepchildren of u.s. citizens","materialConditionsAndExceptions":"","policyCategory":"Family, residence, humanitarian","policyTool":"Entry exit","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2024/08/20/2024-18725/implementation-of-keeping-families-together","preciseCitation":"https://www.federalregister.gov/documents/2024/08/20/2024-18725/implementation-of-keeping-families-together; https://www.uscis.gov/keepingfamiliestogether","evidencePassage":"This notice announces the U.S. Department of Homeland Security's (DHS) implementation of the Keeping Families Together process for certain noncitizen spouses and stepchildren of U.S. citizens who are present in the United States without admission or parole to request parole in place under existing statutory authority. … To be considered for a discretionary grant of parole in place under this process, a requestor who is the noncitizen spouse of a U.S. citizen must meet the following criteria: Be present in the United States without admission or parole; Have been continuously physically present in the United States since at least June 17, 2014 through the date of filing the parole in place request; Have a legally valid marriage to a U.S. citizen on or before June 17, 2024; Have no disqualifying criminal history; and Submit biometrics, undergo required background checks and national security, public safety, and border security vetting, and be found not to pose a threat to national security or public safety. … To be considered for a discretionary grant of parole in place under this process, a requestor who is the stepchild of a U.S. citizen must meet the following criteria: Be present in the United States without admission or parole; Have a parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024 and before the child's 18th birthday; Have been continuously physically present in the United States since at least June 17, 2024 through the date of filing; Have no disqualifying criminal history; and Submit biometrics, undergo required background checks and national security and public safety vetting, and be found not to pose a threat to national security or public safety.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-cf45636238275ed297a9","countryCode":"US","country":"United States","title":"DHS corrects T nonimmigrant final rule before effective date","policyEffect":"DHS corrected technical and typographical errors in the April 2024 T nonimmigrant status final rule, with corrections effective alongside the rule on August 28, 2024.","operativeDate":"2024-08-28","year":2024,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Humanitarian, work","policyTool":"Processing","sourceName":"Federal Register 89 FR 68081","sourceUrl":"https://www.federalregister.gov/documents/2024/08/23/2024-18735/classification-for-victims-of-severe-forms-of-trafficking-in-persons-eligibility-for-t-nonimmigrant","preciseCitation":"Federal Register 89 FR 68081. DHS corrects T nonimmigrant final rule before effective date. Effective 2024-08-28.","evidencePassage":"severe form of trafficking in persons seeking T nonimmigrant status. After review of the published document, DHS identified a few errors in the preamble and regulatory text. This document, in the section titled ``Correction of Errors and Technical Amendments,'' identifies and corrects several technical and typographical errors in the final rule. The provisions in this document are effective as if they had been included in the final rule that published in the Federal Register on April 30, 2024. Accordingly, the corrections are effective on August 28, 2024 at 12 a.m. Eastern Time. This document … typographic errors in the preamble and regulatory text and does not make substantive changes to the policies in the final rule. This document merely conforms erroneous portions of the final rule to the agency's clearly expressed contemporaneous intent. Therefore, DHS believes that it has good cause to waive the notice and comment and effective date requirements of section 553 of the APA. IV. Correction of Errors and Technical Amendments Accordingly, the publication final rule at 89 FR 34864 (FR Doc. 2024-09022) is corrected as follows: A. Correction of Errors in the Preamble 1. On page 34875, in … the second column, lines 35-36, the language ``8 CFR 274a.12(a)(16) and (25)'' is corrected to read ``8 CFR 274a.12(a)(16) and (c)(25).'' 2. On page 34882, in the second column, line 36, remove the word ``conduct'' and add in its place the word ``contact.'' 3. On page 34886, in the first column, lines 50-52, remove the sentence ``DHS has also amended new 8 CFR 214.211(e)(3) to state that the age-out protections apply to a child who may turn 21 during the pendency of the principal's application for T nonimmigrant status'' and add in its place the sentence ``DHS has also amended new 8 CFR 214.211(e)(2) and (3) to state that the age-out protections apply to a child (principal or derivative) who may turn 21 during the pendency of the principal's application for T nonimmigrant status.'' B. Correction of Errors in the Regulatory Text 0 4. On page 34933, in the second column, in instruction 7 in Subpart C, at Sec. 214.204, correct paragraph (c)(2) to read as follows: [[Page 68083]] Sec. 214.204 [Corrected] * * * * * (c) * * * (2) Any credible evidence that supports any of the eligibility requirements set out in Sec. Sec. 214.206 through 214.209. 0 5. On page 34934, in the second column, … in instruction 7 in Subpart C, at Sec. 214.205, correct paragraph (a) to read as follows: Sec. 214.205 [Corrected] (a) Bona fide determinations for principal applicants for T nonimmigrant status. If an Application for T Nonimmigrant Status is submitted on or after August 28, 2024, USCIS will conduct an initial review to determine if the application is bona fide. * * * * * 0 6. On page 34935, in the first column, in instruction 7 in Subpart C, at Sec. 214.205, correct paragraph (f) to read as follows: Sec. 214.205 [Corrected] * * * * * (f) Bona fide determinations for applicants in removal proceedings. This section applies to applicants whose Applications for T Nonimmigrant Status or Applications for Derivative T Nonimmigrant Status have been deemed bona fide and who are in removal proceedings under section 240 of the Act, or in exclusion or deportation proceedings under former sections 236 or 242 of the Act (as in effect prior to April 1, 1997). In such cases, ICE may exercise prosecutorial discretion, as appropriate, while USCIS adjudicates an Application for T Nonimmigrant Status or an Application for Derivative T Nonimmigrant Status. * * * * * 0 7. On page 34938, in the third column, in instruction 7 in Subpart C, at Sec. 214.211, correct paragraph (e)(2)(i) to read as follows: Sec. 214.211 [Corrected] * * * * * (e) * * * (2) Age-out protection for eligible family members of a principal applicant under 21 years of age. (i) If the T-1 principal applicant was under 21 years of age when they applied for T-1 nonimmigrant status but reached 21 years of age while the principal application was still pending, USCIS will continue to consider a parent or unmarried sibling as an eligible family member. * * * * * Christina E. McDonald, Associate General Counsel for Regulatory Affairs","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-870f9111941d660cf945","countryCode":"US","country":"United States","title":"Extension of Form I-90 Green Card Validity to 36 Months for Renewals","policyEffect":"USCIS automatically extended the validity period of Permanent Resident Cards (Green Cards) from 24 months to 36 months for lawful permanent residents filing Form I-90 to renew an expired or expiring Green Card. USCIS began printing amended Form I-90 receipt notices providing proof of continued status and employment authorization for 36 months from the card's expiration date.","operativeDate":"2024-09-10","year":2024,"affectedGroup":"Lawful permanent residents renewing form i-90","materialConditionsAndExceptions":"","policyCategory":"Permanent residence","policyTool":"Receipt notice validity extension","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/newsroom/alerts/uscis-extends-green-card-validity-extension-to-36-months-for-green-card-renewals","preciseCitation":"USCIS Alert, \"USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals,\" September 18, 2024.","evidencePassage":"Testimony Social Media Directory Breadcrumb Home Newsroom All News USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals Release Date 09/18/2024 Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card. Lawful permanent residents who properly file Form I-90 to renew an expiring or … expired Green Card may receive this extension. Form I-90 receipt notices had previously provided a 24-month extension of the validity of a Green Card. USCIS has updated the language on Form I-90 receipt notices to extend the validity of a Green Card for 36 months from the expiration date on the face on the face of the current Green Card for individuals with a newly filed Form I-90 renewal request. On Sept. 10, USCIS began printing amended receipt notices for individuals with a pending Form I-90. These receipt notices can be presented with an expired Green Card as evidence of continued status","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-29f1a61d4717dd5ac456","countryCode":"US","country":"United States","title":"EB-1 Extraordinary Ability Evidentiary Criteria Clarification","policyEffect":"USCIS updated Volume 6 of the Policy Manual to clarify the evaluation of evidence for immigrant classification as an individual of extraordinary ability (E11 / EB-1). The guidance confirms that receipt of team awards may be considered under the criterion for lesser nationally or internationally recognized prizes or awards; clarifies that past memberships satisfy the membership criterion; removes language requiring published materials to prove the value of the person's work; and clarifies artistic vs non-artistic exhibition requirements.","operativeDate":"2024-10-02","year":2024,"affectedGroup":"Eb-1 extraordinary ability petitioners","materialConditionsAndExceptions":"","policyCategory":"High-skilled / economic migration","policyTool":"Eligibility criteria / administrative discretion","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20241002-ExtraordinaryAbility.pdf","preciseCitation":"USCIS Policy Alert PA-2024-24, \"Extraordinary Ability Criteria Clarification\" (Oct. 2, 2024).","evidencePassage":"U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 October 2, 2024 PA-2024-24 Policy Alert SUBJECT: Extraordinary Ability Criteria Clarification Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to further clarify how USCIS evaluates evidence to determine eligibility for immigrant classification as a person of extraordinary ability. 1 Background Persons with extraordinary ability in the sciences, arts, education, business, or athletics can self- petition … petition. This guidance, contained in Volume 6 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Confirms that USCIS considers a person’s receipt of team awards under the criterion for lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. • Clarifies that USCIS considers past memberships under the membership criterion. 1 See INA 203(b)(1)(A). See 8 CFR 204.5(h). 2 See Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications, PA-2023-26, issued September 12, 2023. To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. www.uscis.gov PA-2024-24: Extraordinary Ability Criteria Clarification Page 2 • Removes language suggesting published material must demonstrate the value of the person’s work and contributions in order to satisfy the published material criterion, as such requirements are outside the plain regulatory language of the criterion. • Explains that while the dictionary defines an “exhibition” as a public showing not … limited to art, the regulation expressly modifies that term with “artistic,” such that USCIS will only consider non-artistic exhibitions as part of a properly supported claim of comparable evidence. Summary of Changes Affected Section: Volume 6 > Part F > Chapter 2 > Section B > Subsection 1, Initial Evidence of Extraordinary Ability • Revises the first paragraphs of the Criterion 1 and Criterion 2 tables, revises the third paragraph in the Criterion 3 table, and adds a paragraph to the end of the Criterion 7 table. USCIS may also make other minor technical, stylistic, and conforming changes","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp3-ce565c4ae85e52727761","countryCode":"US","country":"United States","title":"DHS adds Belize to H-2A and H-2B eligible-country lists","policyEffect":"DHS and the State Department updated the lists of countries whose nationals are eligible to participate in the H-2A and H-2B programs, adding Belize and retaining previously designated countries.","operativeDate":"2024-11-07","year":2024,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: DHS and the State Department updated the lists of countries whose nationals are eligible to participate in the H-2A and H-2B programs, adding Belize and retaining previously designated countries.","policyCategory":"Work","policyTool":"Eligibility","sourceName":"Federal Register 89 FR 88799","sourceUrl":"https://www.federalregister.gov/documents/2024/11/08/2024-25790/identification-of-foreign-countries-whose-nationals-are-eligible-to-participate-in-the-h-2a-and-h-2b","preciseCitation":"Federal Register 89 FR 88799. DHS adds Belize to H-2A and H-2B eligible-country lists. Effective 2024-11-08.","evidencePassage":"nd adding one country to only the H-2B program); 86 FR 62559 (Nov. 10, 2021) (removing one country from only the H-2A program, adding one country to only the H-2B program, and separately adding five countries to both programs); 87 FR 67930 (Nov. 10, 2022) (adding one country to both programs); and 88 FR 77343 (Nov. 9, 2023) (adding one country to both programs). Determination of Countries With Continued Eligibility The Secretary of Homeland Security has determined, with the concurrence of the Secretary of State, that the 87 countries previously designated to participate in the H-2A program in … the November 9, 2023 notice continue to meet the regulatory standards for eligible countries and therefore should remain designated as countries whose nationals are eligible to participate in the H-2A program. Additionally, the Secretary of Homeland Security has determined, with the concurrence of the Secretary of State, that the 88 countries previously designated to participate in the H-2B program in the November 9, 2023 notice continue to meet the regulatory standards for eligible countries and therefore should remain designated as countries whose nationals are eligible to participate in the … ow Designated as Eligible The Secretary of Homeland Security has also determined, with the concurrence of the Secretary of State, that Belize should be designated as an eligible country to participate in both the H-2A and H-2B nonimmigrant visa programs because its participation is in the U.S. interest consistent with the regulations governing these programs. Belize consistently cooperates with accepting its nationals subject to a final order of removal. Furthermore, Belizean nationals are generally compliant with the terms and conditions of all visa categories. Nationals of Belize do not pres … ate of publication. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 88 countries whose nationals are eligible to participate in the H-2A program and 89 countries whose nationals are eligible to participate in the H-2B program for the coming year. DATES: The designations in this notice are effective from November 7, 2024 and shall be without effect on November 8, 2025. FOR FURTHER INFORMATION CONTACT: Patrice Francis, Office of Strategy, Policy, and Plans, Department of Homeland Security, Washington, DC 20528, (202) 282-","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-090cee0e4d846bd0bea8","countryCode":"US","country":"United States","title":"DHS and DOL add 64,716 H-2B visas for FY2025","policyEffect":"DHS and DOL issued a temporary rule authorizing up to 64,716 supplemental H-2B visas for FY2025 and continuing portability flexibility for certain H-2B workers changing employers.","operativeDate":"2024-12-02","year":2024,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: DHS and DOL issued a temporary rule authorizing up to 64,716 supplemental H-2B visas for FY2025 and continuing portability flexibility for certain H-2B workers changing employers.","policyCategory":"Work","policyTool":"Cap quota","sourceName":"Federal Register 89 FR 95628","sourceUrl":"https://www.federalregister.gov/documents/2024/12/02/2024-28017/exercise-of-time-limited-authority-to-increase-the-numerical-limitation-for-fy-2025-for-the-h-2b","preciseCitation":"Federal Register 89 FR 95628. DHS and DOL add 64,716 H-2B visas for FY2025. Effective 2024-12-02.","evidencePassage":"Congressional Review Act I. Paperwork Reduction Act I. Executive Summary FY 2025 H-2B Supplemental Cap With this temporary final rule (TFR), the Secretary of Homeland Security, following consultation with the Secretary of Labor, is authorizing the release of an additional 64,716 H-2B visas for FY 2025, subject to certain conditions. The 64,716 visas are divided into the following allocations: For the first half of FY 2025: 20,716 immediately available visas limited to ( printed page 95627) returning workers, in other words, those workers who were issued H-2B visas or held H-2B status in fiscal years 2022, … admission. Additionally, petitioners may immediately employ individuals who are beneficiaries of a non-frivolous H-2B petition requesting an extension of the worker's stay that is pending as of January 25, 2025 without waiting for approval of the H-2B petition. To be eligible for portability, employers must have received an approved TLC demonstrating that they have completed a test of the U.S. labor market, and that DOL determined that there were no qualified U.S. workers available to fill these temporary positions. DHS is making this portability available for an additional one-year period in order to provide ( printed page 95652) greater certainty for H-2B employers and workers.[159] The portability provision at new 8 CFR 214.2(h)(32) is substantively the same as the portability provision offered in the FY 2023 and FY 2024 H-2B supplemental visa temporary final rules, which were codified at 8 CFR 214.2(h)(29) and (h)(31), respectively, and will begin upon the expiration of 8 CFR 214.2(h)(31). See new 8 CFR 214.2(h)(32). Additionally, the provision is similar to temporary flexibilities that DHS has used previously to improve employer access to noncitizen workers during the COVID-19 pandemic","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-c1748a26bdf1feaa178d","countryCode":"US","country":"United States","title":"Executive Order 14165—Securing Our Borders","policyEffect":"Terminates categorical parole programs including the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, and orders the immediate cessation of using the CBP One application to parole inadmissible aliens into the United States.","operativeDate":"2025-01-20","year":2025,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Admission","policyTool":"Eligibility","sourceName":"whitehouse.gov","sourceUrl":"https://whitehouse.gov/presidential-actions/2025/01/securing-our-borders","preciseCitation":"whitehouse.gov. Executive Order 14165—Securing Our Borders.; Exec. Order No. 14165, 90 Fed. Reg. 8467 (Jan. 30, 2025)","evidencePassage":"The Secretary of Homeland Security shall, consistent with applicable law, take all appropriate action to: (a) Cease using the “CBP One” application as a method of paroling or facilitating the entry of otherwise inadmissible aliens into the United States; (b) Terminate all categorical parole programs that are contrary to the policies of the United States established in my Executive Orders, including the program known as the “Processes for Cubans, Haitians, Nicaraguans, and Venezuelans.”","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-37c4fc117884b7a9ade5","countryCode":"US","country":"United States","title":"President suspends physical entry at the southern border under invasion proclamation","policyEffect":"The President issued Proclamation 10888 directing restrictions on the physical entry of aliens involved in the southern-border emergency and invoking the Federal Government's duty to protect states against invasion.","operativeDate":"2025-01-20","year":2025,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Humanitarian, other","policyTool":"Entry exit","sourceName":"Federal Register 90 FR 8333","sourceUrl":"https://www.federalregister.gov/documents/2025/01/29/2025-01951/guaranteeing-the-states-protection-against-invasion","preciseCitation":"Federal Register 90 FR 8333. President suspends physical entry at the southern border under invasion proclamation. Effective 2025-01-20.","evidencePassage":"determine that the invasion has concluded. NOW, THEREFORE, I, Donald J. Trump, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the INA, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby direct as follows: Section 1 . Suspension of Entry. I hereby proclaim, pursuant to sections 212(f) and 215(a) of the INA, 8 U.S.C. 1182(f) and 1185(a), that the entry into the United States on or after the date of this order of aliens engaged in the invasion … provided to me under Article II of the Constitution of the United States, including my control over foreign affairs, and to effectuate the guarantee of protection against invasion required by Article IV, Section 4, I hereby suspend the physical entry of any alien engaged in the invasion across the southern border of the United States, and direct the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, to take appropriate actions as may be necessary to achieve the ( printed page 8336) objectives of this proclamation, until I issue a finding that the invasion … create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of January, in the year of our Lord two thousand twenty-five, and of the Independence of the United States of America the two hundred and forty-ninth. [FR Doc. 2025-01951 Filed 1-28-25; 8:45 am] Billing code 3395-F4-P Published Document: 2025-01951 (90 FR 8333) Home Home Sections Money Environment World Science","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-9cb107f5e62741d0528e","countryCode":"US","country":"United States","title":"DHS restores expedited removal to the full statutory scope","policyEffect":"DHS rescinded the 2022 limits on expedited removal and restored use of expedited removal to the fullest scope authorized by Congress.","operativeDate":"2025-01-21","year":2025,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Humanitarian, other","policyTool":"Processing","sourceName":"Federal Register 90 FR 8139","sourceUrl":"https://www.federalregister.gov/documents/2025/01/24/2025-01720/designating-aliens-for-expedited-removal","preciseCitation":"Federal Register 90 FR 8139. DHS restores expedited removal to the full statutory scope. Effective 2025-01-21.","evidencePassage":"Secretary ( printed page 8139) AGENCY: Office of the Secretary, Department of Homeland Security ACTION: Notice. SUMMARY: This Notice rescinds the March 21, 2022 Notice, Rescission of the Notice of July 23, 2019, Designation for Expedited Removal. This Notice also restores the scope of expedited removal to the fullest extent authorized by Congress. DATES: This designation is effective on 6:00 p.m. EST on Tuesday January 21, 2025. FOR FURTHER INFORMATION CONTACT: Joseph Mazarra, Office of the General Counsel, Department of Homeland Security, 202-282-9256. SUPPLEMENTARY INFORMATION: I. Background This Notice rescinds the March 21, 2022 Notice, Rescission of the Notice of July 23, 2019, Designating Aliens for Expedited Removal,[1] which limited the application of expedited removal procedures to certain aliens under the Immigration and Nationality Act (INA), to the extent the March 21, 2022 Notice is inconsistent with this Notice. This Notice enables the U.S. Department of Homeland Security (DHS) to exercise the full scope of its statutory authority to place in expedited removal, with limited exceptions, aliens [2] determined to be inadmissible under sections 212(a)(6)(C) or (a)(7) of the INA … my sole and unreviewable discretion, as follows: (A) The Notice titled Designating for Expedited Removal,87 FR 16022 (March 21, 2022), is hereby rescinded, effective immediately. (B) I designate for expedited removal the following categories of aliens not ( printed page 8140) currently designated: (1) Aliens who did not arrive by sea, who are apprehended anywhere in the United States more than 100 air miles from a U.S. international land border, and who have been continuously present in the United States for less than two years; and (2) aliens who did not arrive by sea, who are apprehended within","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-52da09a5306140999c28","countryCode":"US","country":"United States","title":"USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants","policyEffect":"Rescinded the requirement that applicants seeking adjustment of status to lawful permanent resident (Form I-485) present documentation of COVID-19 vaccination on Form I-693 (Report of Immigration Medical Examination and Vaccination Record). USCIS ceased issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) for lack of COVID-19 vaccination records and barred denials on this sole basis. Phase scope: Immediate nationwide implementation for all pending and new adjustment of status adjudications.","operativeDate":"2025-01-22","year":2025,"affectedGroup":"Adjustment of status applicants (form i-485)","materialConditionsAndExceptions":"Validated condition or limit: Rescinded the requirement that applicants seeking adjustment of status to lawful permanent resident (Form I-485) present documentation of COVID-19 vaccination on Form I-693 (Report of Immigration Medical Examination and Vaccination Record).","policyCategory":"Residence / health & admissibility","policyTool":"Eligibility / adjudication standard","sourceName":"U.S. Citizenship and Immigration Services","sourceUrl":"https://uscis.gov/newsroom/alerts/uscis-waives-covid-19-vaccination-requirement-for-adjustment-of-status-applicants","preciseCitation":"U.S. Citizenship and Immigration Services (USCIS), Policy News Release: USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants (Jan. 22, 2025)","evidencePassage":"Effective Jan. 22, 2025, USCIS is waiving any and all requirements that applicants for adjustment of status to that of a lawful permanent resident present documentation on their Form I-693, Report of Immigration Medical Examination and Vaccination Record, that they received the COVID-19 vaccination. USCIS will not issue any Request for Evidence or Notice of Intent to Deny related to proving a COVID-19 vaccination. USCIS will not deny any adjustment of status application based on the applicant’s failure to present documentation that they received the COVID-19 vaccination.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-4c7582345697ec4ae2bd","countryCode":"US","country":"United States","title":"President suspends refugee admissions under USRAP","policyEffect":"Executive Order 14163 suspended entry under the U.S. Refugee Admissions Program, subject to limited exceptions, pending further findings by the Secretary of Homeland Security and Secretary of State.","operativeDate":"2025-01-27","year":2025,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Refugee Admissions Program, subject to limited exceptions, pending further findings by the Secretary of Homeland Security and Secretary of State.","policyCategory":"Humanitarian","policyTool":"Eligibility","sourceName":"Federal Register 90 FR 8459","sourceUrl":"https://www.federalregister.gov/documents/2025/01/30/2025-02011/realigning-the-united-states-refugee-admissions-program","preciseCitation":"Federal Register 90 FR 8459. President suspends refugee admissions under USRAP. Effective 2025-01-27.","evidencePassage":"jurisdictions of aliens eligible to be admitted to the United States as refugees. Sec. 3. Realignment of the U.S. Refugee Admissions Program. (a) I hereby proclaim, pursuant to sections 212(f) and 215(a) of the INA, 8 U.S.C. 1182(f) and 1185(a), that entry into the United States of refugees under the USRAP would be detrimental to the interests of the United States. I therefore direct that entry into the United States of refugees under the USRAP be suspended--subject to the exceptions set forth in subsection (c) of this section--until a finding is made in accordance with section 4 of this order. This suspension shall take effect at 12:01 a.m. eastern standard time on January 27, 2025. (b) The Secretary of Homeland Security shall suspend decisions on applications for refugee status, until a finding is made in accordance with section 4 of this order. (c) Notwithstanding the suspension of the USRAP imposed pursuant to subsections (a) and (b) of this section, the Secretary of State and the Secretary of Homeland Security may jointly determine to admit aliens to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the entry of such","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-9c2f3b0eab703c1b6c2e","countryCode":"US","country":"United States","title":"DHS vacates the January 2025 Venezuela TPS extension decision","policyEffect":"DHS vacated the prior January 2025 decision that had extended the 2023 Venezuela TPS designation, consolidated filing processes for Venezuelan TPS beneficiaries, and extended certain Employment Authorization Documents.","operativeDate":"2025-02-03","year":2025,"affectedGroup":"Current holders of venezuela tps under the 2021 and 2023 designations","materialConditionsAndExceptions":"","policyCategory":"Humanitarian, work","policyTool":"Status extension","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2025/02/03/2025-02183.txt","preciseCitation":"","evidencePassage":"Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has decided to vacate the January 10, 2025, decision of former Secretary of Homeland Security Alejandro Mayorkas regarding TPS for Venezuela. Former Secretary Mayorkas extended the 2023 designation of Venezuela for TPS for 18 months, allowed a consolidation of filing processes such that all eligible Venezuela TPS beneficiaries (whether under the 2021 or 2023 designations) may obtain TPS through the same extension date of October 2, 2026, and extended certain Employment Authorization Documents (EADs). … DATES: The vacatur is effective immediately. … USCIS will no longer accept Venezuela TPS re-registration applications (Form I-821) and associated Applications for Employment Authorization (Form I-765) filed under the Mayorkas Notice. For TPS beneficiaries who have already filed applications to re-register for TPS pursuant to the Mayorkas Notice and paid any fees associated with their applications, USCIS will cease processing their applications, and issue refunds of any fees paid by those aliens. … Additionally, USCIS will invalidate EADs; Forms I-797, Notice of Action (Approval Notice); and Forms I-94, Arrival/Departure Record (collectively known as TPS-related documentation) that have been issued with October 2, 2026 expiration dates under the Mayorkas Notice. USCIS will provide refunds to any fees paid by these aliens as well. … Additionally, pursuant to this vacatur the automatic EAD extensions provided in the Mayorkas Notice are hereby rescinded.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-2db127f3d1de6daedde7","countryCode":"US","country":"United States","title":"DHS partially vacates the 2024 Haiti TPS extension and redesignation","policyEffect":"DHS partially vacated the June 2024 Haiti TPS decision, shortening the previously announced extension and redesignation framework.","operativeDate":"2025-02-24","year":2025,"affectedGroup":"Current holders","materialConditionsAndExceptions":"","policyCategory":"Humanitarian, work","policyTool":"Status extension","sourceName":"Federal Register 90 FR 10511","sourceUrl":"https://www.federalregister.gov/documents/2025/02/24/2025-02970/partial-vacatur-of-2024-temporary-protected-status-decision-for-haiti","preciseCitation":"Federal Register 90 FR 10511. DHS partially vacates the 2024 Haiti TPS extension and redesignation. Effective 2025-02-24.","evidencePassage":"Protected Status Decision for Haiti AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Notice of Temporary Protected Status (TPS) partial vacatur. ----------------------------------------------------------------------- SUMMARY: Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has decided to partially vacate the June 4, 2024, decision of former Secretary Alejandro Mayorkas regarding the extension of the designation of Haiti for Temporary Protected Status (TPS) and … the new designation of Haiti for TPS. In the 2024 action, former Secretary Mayorkas again extended the designation of Haiti for TPS for the statutory maximum of 18 months (until February 3, 2026), which covered approximately 199,445 Haitian nationals; and again newly designated Haiti for TPS, which had the effect of allowing approximately 321,349 additional Haitian nationals to qualify for the same 18-month period. For the reasons described in this notice, the Secretary has determined to partially vacate the June 4, 2024, decision by reducing the designation period from 18 months to 12 months. … The Secretary is also making a corresponding change to the registration deadline for new applicants under the new designation. Accordingly, by operation of this notice, the Haiti TPS extension and new designation will expire on August 3, 2025, instead of February 3, 2026, and the first-time registration will remain in effect until August 3, 2025, instead of February 3, 2026. DATES: The partial vacatur of the June 4, 2024, decision is effective immediately. Notice of the June 4, 2024, decision was published at 89 FR 54484 (July 1, 2024). FOR FURTHER INFORMATION CONTACT: Samantha Deshommes, Chief … Secretary of Homeland Security accordingly is reconsidering and partially vacating the June 4, 2024, decision of Secretary Mayorkas to extend the Haiti TPS designation and newly designate Haiti for TPS for an additional 18 months (from Aug. 4, 2024, to Feb. 3, 2026). Specifically, the Secretary has determined that the extension and designation period for Haiti should be reduced from the statutory maximum of 18 months to 12 months. Accordingly, by operation of this notice, the Haiti TPS extension and new designation will expire on August 3, 2025, instead of February 3, 2026. The Secretary is taking … update their records to note that the validity date of the document is through August 3, 2025. Aliens who have filed TPS applications pursuant to the July 1, 2024, notice that remain pending with USCIS may also choose to withdraw their TPS applications and request a refund of any filing fees by submitting [[Page 10515]] a signed written withdrawal request to USCIS. IV. Notice of Partial Vacatur of Secretary Mayorkas' 2024 Decision Regarding the Haiti TPS Extension and New Designation By the authority vested in me as Secretary under sections 103(a) and 244 of the Immigration and Nationality Act, … 8 U.S.C. 1103(a), 1254a, I am vacating in part the decision announced in the July 1, 2024, notice titled Extension and Redesignation of Haiti for Temporary Protected Status, 89 FR 54484. In doing so, I am (1) amending the period of the extension and designation of Haiti for TPS from 18 months to 12 months, with a new end date of August 3, 2025; and (2) making a corresponding change to the initial registration period for new applicants under the new designation, which now will remain in effect through August 3, 2025. This notice supersedes the July 1, 2024, notice at 89 FR 54484 to the extent modified","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-8d6d71fbfaa052bcdb7f","countryCode":"US","country":"United States","title":"Extension of the Designation of El Salvador for Temporary Protected Status","policyEffect":"The Department of Homeland Security (DHS) is extending the designation of El Salvador for Temporary Protected Status (TPS) for 18 months, beginning on March 10, 2025, and ending on September 9, 2026. Existing beneficiaries who wish to extend their status through September 9, 2026, must re-register during the 60-day re-registration period running from January 17, 2025, through March 18, 2025. Applicants must submit Form I-821 and are required to pay the biometric services fee unless a fee waiver is requested and granted via Form I-912. DHS automatically extends through March 9, 2026, the validity of certain EADs previously issued under the TPS designation of El Salvador with category A12 or C19 and a card expiration date of March 9, 2025, June 30, 2024, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, Sept. 9, 2019, or March 9, 2018. Additionally, beneficiaries who properly file a renewal Form I-765 under category A12 or C19 during the re-registration period may receive an automatic EAD extension of up to 540 days.","operativeDate":"2025-03-10","year":2025,"affectedGroup":"Current holders","materialConditionsAndExceptions":"Validated condition or limit: Existing beneficiaries who wish to extend their status through September 9, 2026, must re-register during the 60-day re-registration period running from January 17, 2025, through March 18, 2025.; Applicants must submit Form I-821 and are required to pay the biometric services fee unless a fee waiver is requested and granted via Form I-912.; Additionally, beneficiaries who properly file a renewal Form I-765 under category A12 or C19 during the re-registration period may receive an automatic EAD extension of up to 540 days.","policyCategory":"Humanitarian, work","policyTool":"Status extension","sourceName":"Federal Register 90 FR 5953","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2025/01/17/2025-00626.txt","preciseCitation":"Federal Register 90 FR 5953. DHS extends TPS designations for Venezuela, El Salvador, Sudan, and Ukraine. Effective 2025-03-10.","evidencePassage":"Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security is extending the designation of El Salvador for Temporary Protected Status (TPS) for 18 months, beginning on March 10, 2025, and ending on September 9, 2026. … Extension of Designation of El Salvador for TPS begins on March 10, 2025, and will remain in effect for 18 months. … Existing TPS beneficiaries who wish to extend their status through September 9, 2026, must re-register during the 60- day re-registration period described in this notice. … The 60-day re-registration period for existing beneficiaries runs from January 17, 2025, through March 18, 2025. … To re-register for TPS based on the designation of El Salvador, you must submit Form I-821. When filing an application to re-register for TPS, you do not need to pay the application fee; however, you are required to pay the biometric services fee. If you cannot pay the biometric services fee, you may ask USCIS to waive the fee. … Second, you may also be eligible for an automatic extension of up to 540 days from the ``Card Expires'' date on the EAD if you file your Form I-765 EAD renewal application during the re-registration period of January 17, 2025, through March 18, 2025 (``Up to 540-Day Automatic EAD Extension'').","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-d74bc0a85af07829b071","countryCode":"US","country":"United States","title":"HHS updates unaccompanied children foundational rule to track statutory text","policyEffect":"HHS issued an interim final rule revising an ORR unaccompanied children regulation to accord with the express language of governing statutes on placement, care, and services.","operativeDate":"2025-03-25","year":2025,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Humanitarian, other","policyTool":"Processing","sourceName":"Federal Register 90 FR 13554","sourceUrl":"https://www.federalregister.gov/documents/2025/03/25/2025-04971/unaccompanied-children-program-foundational-rule-update-to-accord-with-statutory-requirements","preciseCitation":"Federal Register 90 FR 13554. HHS updates unaccompanied children foundational rule to track statutory text. Effective 2025-03-25.","evidencePassage":"Director of Policy, Division of Unaccompanied Children Policy, Unaccompanied Children Bureau, Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services, Washington, DC, (202) 205-4440 or UCPolicy-RegulatoryAffairs@acf.hhs.gov. SUPPLEMENTARY INFORMATION: I. Executive Summary This interim final rule (IFR) removes a specific provision of the Code of Federal Regulations introduced by the April 30, 2024 “Unaccompanied Children Program Foundational Rule” (Foundational Rule) at 45 CFR 410.1201(b). This provision precludes ORR from “shar[ing] any immigration … the Foundational Rule was 8 U.S.C. 1373 even mentioned, even though the information-sharing provision of the Foundational Rule, 45 CFR 410.1201(b), obviously and directly contravenes that statutory limit. Thus, ORR must update the Foundational Rule to strike 45 CFR 410.1201(b), effective immediately.[1] That is, ORR removes the prohibition on sharing immigration status information relating to potential sponsors with law enforcement and immigration enforcement entities. III. Good Cause for Issuing This IFR Under the Administrative Procedure Act, 5 U.S.C. 553(b)(B), notice and public comment is not … Services. For the reasons set forth in the preamble, ORR amends 45 CFR part 410 to read as follows: PART 410—CARE AND PLACEMENT OF UNACCOMPANIED CHILDREN 1. The authority citation for part 410 continues to read as follows: Authority: 6 U.S.C. 279, 8 U.S.C. 1232. § 410.1201 [Amended] 2. Amend § 410.1201 by removing paragraph (b) and redesignating paragraph (c) as paragraph (b). Footnotes 1. The Foundational Rule contains a severability provision. 45 CFR 410.1000. 45 CFR 410.1201(b)'s parts are inextricably linked and there was no indication in the Foundational Rule that it was intended to treat","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-16574db901eeed4740b6","countryCode":"US","country":"United States","title":"DHS designates a new alien registration form and evidence of registration","policyEffect":"DHS issued an interim final rule designating Form G-325R as a general registration mechanism for aliens subject to INA registration and fingerprinting requirements and adding corresponding evidence-of-registration rules.","operativeDate":"2025-04-11","year":2025,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: DHS issued an interim final rule designating Form G-325R as a general registration mechanism for aliens subject to INA registration and fingerprinting requirements and adding corresponding evidence-of-registration rules.","policyCategory":"Other","policyTool":"Processing","sourceName":"Federal Register 90 FR 11793","sourceUrl":"https://www.federalregister.gov/documents/2025/03/12/2025-03944/alien-registration-form-and-evidence-of-registration","preciseCitation":"Federal Register 90 FR 11793. DHS designates a new alien registration form and evidence of registration. Effective 2025-04-11.","evidencePassage":"details. ###### Department of Homeland Security 1. 8 CFR Part 264 2. \\[CIS No. 2810-25; DHS Docket No. USCIS-2025-0004] 3. RIN 1615-AC96 ( printed page 11793) # AGENCY: U.S. Citizenship and Immigration Services (“USCIS”), Department of Homeland Security (“DHS”). # ACTION: Interim final rule (“IFR”) with request for comments. # SUMMARY: This IFR amends DHS regulations to designate a new registration form for aliens to comply with statutory alien registration and fingerprinting provisions. Aliens who are subject to alien registration requirements of the Immigration and Nationality Act, as amended (“INA”) who have not yet registered may use this registration form to satisfy their statutory obligations. This IFR also amends DHS regulations to designate additional documentation that may serve as evidence of alien registration. # DATES: *Effective date:* This IFR is effective April 11, 2025. *Registration:* Aliens may register using the revised form G-325R, Biographic Information (Registration) immediately. *IFR comment period:* Comments on the rule must be received by April 11, 2025. *Information collection comment period:* Comments on the information collection described in the *Paperwork Reduction … aliens regardless of their status, in addition to the other forms already listed. Specifically, this IFR lists the new form at [8 CFR 264.1(a)](<https://www.ecfr.gov/current/title-8/section-264.1#p-264.1(a)>) and lists the corresponding evidence of registration at [8 CFR 264.1(b)](<https://www.ecfr.gov/current/title-8/section-264.1#p-264.1(b)>). Consistent with [8 U.S.C. 1359](https://www.govinfo.gov/link/uscode/8/1359), DHS interprets the registration and fingerprinting requirements of [8 U.S.C. 1302](https://www.govinfo.gov/link/uscode/8/1302) to exclude from “all aliens” American Indians born … CFR 264.1(b)](<https://www.ecfr.gov/current/title-8/section-264.1#p-264.1(b)>)).\\[[14](#footnote-14-p11797)] The affected population includes, for instance: - Aliens who are present in the United States without inspection and admission or inspection and parole and have not yet registered (*i.e.,* have not yet filed a registration form designated under [8 CFR 264.1(a)](<https://www.ecfr.gov/current/title-8/section-264.1#p-264.1(a)>), and do not have evidence of registration under [8 CFR 264.1(b)](<https://www.ecfr.gov/current/title-8/section-264.1#p-264.1(b)>)). - Canadian visitors who entered … the United States at land ports of entry and were not issued evidence of registration (*e.g.,* Form I-94). - An alien, whether previously registered or not, who turns 14 years old in the United States and therefore must register within 30 days after their 14th birthday. DHS recognizes there could be additional aliens subject to this rule in the future. Relying on this estimate may somewhat overstate those who need to fully comply as aliens under 14 years of age are required to be registered but do not need to provide fingerprinting. #### Costs DHS recognizes that there are costs to aliens to","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-17fe3c0b9b02ec901552","countryCode":"US","country":"United States","title":"Extension of the Designation of Sudan for Temporary Protected Status","policyEffect":"Extends the Temporary Protected Status (TPS) designation for Sudan for 18 months from April 20, 2025, through October 19, 2026, and provides an automatic extension of certain expiring Employment Authorization Documents (EADs) through April 19, 2026.","operativeDate":"2025-04-20","year":2025,"affectedGroup":"Protection seekers / existing tps beneficiaries","materialConditionsAndExceptions":"","policyCategory":"Asylum and protection / residence","policyTool":"Temporary protected status (tps)","sourceName":"Federal Register / U.S. Citizenship and Immigration Services","sourceUrl":"https://www.federalregister.gov/documents/2025/01/17/2025-00772/extension-of-the-designation-of-sudan-for-temporary-protected-status","preciseCitation":"90 Fed. Reg. 5945 (Jan. 17, 2025)","evidencePassage":"designation or extension, the secretary, after consultation with appropriate government agencies, must review the conditions in the foreign state to determine whether conditions for the TPS designation continue to be met. After this required review, the Department of Homeland Security extended TPS for Sudan for 18 months, from April 20, 2025, through Oct. 19, 2026. Individuals with a pending or approved TPS application may qualify for certain public benefits and REAL ID driver’s licenses and identification cards. When applying for a federal, state, or local government benefit, individuals will need to show a document proving they applied for or are beneficiaries of TPS for Sudan. They may provide a TPS Employment Authorization Document (EAD) with a category code of A12 or C19, or a copy of their Form I-797, Notice of Action, for a current Form I-821, Application for Temporary Protected Status. Given the time frames for processing TPS re-registration applications, USCIS has automatically extended through April 19, 2026, the validity of EADs with a Card Expires date of April 19, 2025; June 30, 2024; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; April 2, 2019; Nov. 2, 2018; or Nov. 2, 2017, issued under a prior TPS designation of Sudan. TPS Sudan applicants or beneficiaries presenting an EAD referenced in this Federal Register notice do not need to show any other document, such as a Form I-797 or I-797C, Notice of Action, to prove that they qualify for this automatic EAD extension. SAVE will be able to verify an individual’s TPS or pending TPS application (and any employment authorization) using information from any documents noted above. In some instances, the benefit-granting agency may need to institute additional verification to do so. For more information regarding","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-7d1fdabbd8495e5654d0","countryCode":"US","country":"United States","title":"DHS terminates CHNV categorical parole processes","policyEffect":"DHS terminated the categorical parole processes for Cubans, Haitians, Nicaraguans, and Venezuelans and set a general April 24, 2025 parole termination date for affected parolees whose parole had not already expired, absent individual exceptions.","operativeDate":"2025-04-24","year":2025,"affectedGroup":"Current holders","materialConditionsAndExceptions":"","policyCategory":"Humanitarian, work","policyTool":"Eligibility","sourceName":"Federal Register 90 FR 13611","sourceUrl":"https://www.federalregister.gov/documents/2025/03/25/2025-05128/termination-of-parole-processes-for-cubans-haitians-nicaraguans-and-venezuelans","preciseCitation":"Federal Register 90 FR 13611. DHS terminates CHNV categorical parole processes. Effective 2025-04-24.","evidencePassage":"13611 Document Number 2025-05128 Document Type Notice Pages 13611-13622 (12 pages) Publication Date 03/25/2025 Published Content - Document Details Document Dates Published Content - Document Dates Dates Text DHS is terminating the CHNV parole programs as of March 25, 2025. The temporary parole period of aliens in the United States under the CHNV parole programs and whose parole has not already expired by April 24, 2025 will terminate on that date unless the Secretary makes an individual determination to the contrary. Parolees without a lawful basis to remain in the United States following this termination … more details. Department of Homeland Security ACTION: Notice. SUMMARY: The Department of Homeland Security (“DHS”) is terminating the categorical parole programs for inadmissible aliens from Cuba, Haiti, Nicaragua, and Venezuela and their immediate family members (hereinafter referred to as “CHNV parole programs”) that DHS announced in 2022 and 2023. This Federal Register notice is intended to provide context and guidance to the public regarding the termination of the CHNV parole programs and related employment authorization. DATES: DHS is terminating the CHNV parole programs as of March 25, 2025. The temporary parole period of aliens in the United States under the CHNV parole programs and whose parole has not already expired by April 24, 2025 will terminate on that date unless the Secretary makes an individual determination to the contrary. Parolees without a lawful basis to remain in the United States following this termination of the CHNV parole programs must depart the United States before their parole termination date. FOR FURTHER INFORMATION CONTACT: Ihsan Gunduz, Border and Immigration Policy, Office of Strategy, Policy, and Plans, Department of Homeland Security, 2707 Martin Luther … above, between October 19, 2022, and January 22, 2025, approximately 532,000 inadmissible aliens received parole into the United States pursuant to the CHNV parole programs. DHS has determined that as one aspect of the termination of the CHNV parole programs, consistent with the Secretary's statutory and regulatory authority,[68] the parole of aliens who have been paroled into the United States under the CHNV parole programs and whose parole has not already expired by April 24, 2025 will terminate on that date unless the Secretary makes an individual determination to the contrary. Following this","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-1e20ac312142f9b4f5cc","countryCode":"US","country":"United States","title":"Extension of South Sudan Designation for Temporary Protected Status","policyEffect":"The designation of South Sudan for Temporary Protected Status (TPS) is automatically extended for six months, from May 4, 2025, through November 3, 2025. The extension allows existing TPS beneficiaries to retain TPS through November 3, 2025, if they otherwise continue to meet eligibility requirements, including continuous residence in the United States since September 4, 2023. Additionally, this notice automatically extends the validity of Employment Authorization Documents (EADs) previously issued under the TPS designation of South Sudan with a Category of A12 or C19 and a 'Card Expires' date of May 3, 2025, or November 3, 2023, for six months, through November 3, 2025.","operativeDate":"2025-05-04","year":2025,"affectedGroup":"Current holders of south sudan tps and associated eads","materialConditionsAndExceptions":"Validated condition or limit: The extension allows existing TPS beneficiaries to retain TPS through November 3, 2025, if they otherwise continue to meet eligibility requirements, including continuous residence in the United States since September 4, 2023.","policyCategory":"Humanitarian, work","policyTool":"Status extension","sourceName":"Federal Register 90 FR 19217","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2025/05/06/2025-07976.txt","preciseCitation":"Federal Register 90 FR 19217. DHS automatically extends South Sudan TPS for six months. Effective 2025-05-04.","evidencePassage":"The designation of South Sudan for Temporary Protected Status (TPS), which was set to expire on May 3, 2025, is automatically extended to November 3, 2025. … DATES: The six-month extension of South Sudan for TPS is effective May 4, 2025, and will remain in effect through November 3, 2025. … The extension allows existing TPS beneficiaries to retain TPS through November 3, 2025, if they otherwise continue to meet the eligibility requirements for TPS. … TPS remains available to otherwise qualified nationals of South Sudan (or in the case of an alien with no nationality, an alien who last habitually resided in South Sudan) who have been continuously residing in the United States since September 4, 2023. … As proof of continued employment authorization through November 3, 2025, TPS beneficiaries can show their EAD with a Category of A12 or C19 and a ``Card Expires'' date of May 3, 2025, or November 3, 2023.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-32d5e294d7d50a6121bf","countryCode":"US","country":"United States","title":"ORR shortens refugee cash and medical assistance eligibility to four months","policyEffect":"The Office of Refugee Resettlement announced that refugee cash assistance and refugee medical assistance eligibility would be reduced from 12 months to four months for participants becoming eligible after the transition period.","operativeDate":"2025-05-05","year":2025,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: The Office of Refugee Resettlement announced that refugee cash assistance and refugee medical assistance eligibility would be reduced from 12 months to four months for participants becoming eligible after the transition period.","policyCategory":"Humanitarian","policyTool":"Benefits","sourceName":"Federal Register 90 FR 13370","sourceUrl":"https://www.federalregister.gov/documents/2025/03/21/2025-04839/office-of-refugee-resettlement-notice-of-change-of-eligibility","preciseCitation":"Federal Register 90 FR 13370. ORR shortens refugee cash and medical assistance eligibility to four months. Effective 2025-05-05.","evidencePassage":"Children and Families (ACF), HHS. ACTION: Notice of change of eligibility period. ----------------------------------------------------------------------- SUMMARY: In accordance with ORR regulations, the Director of ORR is announcing the shortening of the Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA) eligibility period from 12 months to four months of assistance for participants who become eligible for ORR benefits 45 days after publication of this notice. For 30 years, ORR had not increased the RCA and RMA eligibility period. In 2022, during a surge in refugee admissions, ORR increased the eligibility period from eight months to 12 months. ORR has determined that it must shorten the RCA and RMA eligibility period to four months to avoid a significant budget shortfall. DATES: The changes described in this Federal Register notice are effective 45 days after the date of publication--exceeding the minimum permitted by 45 CFR 400.211(b). FOR FURTHER INFORMATION CONTACT: Colleen Mahar-Piersma, Refugee Policy Unit, Division of Policy and Procedures, Office of the Director, Office of Refugee Resettlement, Administration for Children and Families, by phone at (202) 260-5493, … eligibility period will only come into effect for those individuals who become eligible in the future. Refugees whose date of eligibility for ORR benefits is on or after 45 days following publication of this notice are subject to the shortened RCA and RMA eligibility period. (Authority: 45 CFR 400.211) Angie Salazar, Acting Director, Office of Refugee Resettlement. [FR Doc. 2025-04839 Filed 3-20-25; 8:45 am] BILLING CODE 4184-45-P </pre><script data-cfasync=\"false\" src=\"/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js\"></script></body> </html> ```","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-bc99f3a9c9db7017bc4c","countryCode":"US","country":"United States","title":"President establishes Project Homecoming voluntary departure incentives","policyEffect":"Proclamation 10935 directed DHS and State to create processes for unlawfully present aliens to rapidly depart the United States, including use of CBP Home, federal travel support, and an exit bonus.","operativeDate":"2025-05-09","year":2025,"affectedGroup":"","materialConditionsAndExceptions":"","policyCategory":"Other","policyTool":"Entry exit","sourceName":"Federal Register 90 FR 20357","sourceUrl":"https://www.federalregister.gov/documents/2025/05/14/2025-08673/establishing-project-homecoming","preciseCitation":"Federal Register 90 FR 20357. President establishes Project Homecoming voluntary departure incentives. Effective 2025-05-09.","evidencePassage":"resources and manpower. Therefore, the provision of financial incentives to encourage and assist aliens illegally in the country to elect to depart from the United States has the potential to save tremendous taxpayer resources, while restoring the sovereignty of our country. As President, it is my legal obligation to exercise all tools at my disposal to end this invasion, remove the illegal-alien invaders from the United States, and protect the American people. This proclamation establishes Project Homecoming, which will present illegal aliens with a choice: either leave the United States voluntarily, with the support and financial assistance of the Federal Government, or remain and face the consequences. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA) (8 U.S.C. 1101 et seq.), hereby proclaim and direct as follows: Section 1 . Free Return Home and CBP Home Application. (a) In furtherance of the purposes of this proclamation, and to facilitate the rapid departure of illegal aliens from the United States, I direct, pursuant to section 215(a)(1) of the INA (8 U.S.C. 1185(a)(1)), the Secretary of State and the Secretary of Homeland Security, in consultation with the heads of other relevant executive departments and agencies (agencies), to create seamless processes for illegal aliens to rapidly depart the United States, including through available technological resources, such as the “CBP Home” application. (b) Any flights provided to illegal aliens voluntarily and permanently departing the United States pursuant to processes established under subsection (a) of this section shall be funded by the Federal … Government. (c) In furtherance of the purposes of this proclamation, and to facilitate the rapid departure of illegal aliens from the United States, I direct, pursuant to section 215(a)(1) of the INA (8 U.S.C. 1185(a)(1)), the Secretary of State and the Secretary of Homeland Security to take all appropriate actions to enable the rapid departure of illegal aliens from the United States who ( printed page 20358) currently lack a valid travel document from their countries of citizenship or nationality or who desire to travel to any other country willing to accept their entry. (d) The Secretary of State and the Secretary of Homeland Security shall create a concierge service whereby any alien illegally present in the United States may arrive at an airport, with or without appropriate travel documents, book air travel to permanently relocate to a different country, and claim the exit bonus described in section 2 of this proclamation upon their successful return. Sec. 2 . Exit Bonus. In furtherance of the purposes of this proclamation, and to facilitate the rapid departure of illegal aliens from the United States, the Secretary of State and the Secretary of Homeland Security, in consultation with the heads of all relevant agencies, shall provide financial incentives in the form of an “exit bonus” for each illegal alien who voluntarily and permanently departs the United States. Sec. 3 . Penalties for Aliens Who Fail to Depart. (a) The Secretary of State and the Secretary of Homeland Security, in consultation with the heads of other relevant agencies, shall conduct a nationwide communications campaign to notify illegal aliens of the availability of cost-free travel to other countries; the exit bonus; and the sweeping consequences for those who choose to remain illegally present … and removal operations force of the Department of Homeland Security by no less than 20,000 officers in order to conduct an intensive campaign to remove illegal aliens who have failed to depart voluntarily. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of May, in the year of our Lord two thousand twenty-five, and of the Independence of the United States of America the two hundred and forty-ninth. [FR Doc. 2025-08673 Filed 5-13-25; 8:45 am] Billing code 3395-F4-P Published Document: 2025-08673 (90 FR 20357) Home Home Sections Money Environment World Science & Technology Business","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-ef586ff3b18dab4d210c","countryCode":"US","country":"United States","title":"Termination of the Designation of Cameroon for Temporary Protected Status","policyEffect":"The Department of Homeland Security (DHS) announced the termination of the Temporary Protected Status (TPS) designation for Cameroon, effective August 4, 2025, at 11:59 p.m. local time. DHS determined that Cameroon no longer meets the statutory conditions for TPS designation regarding ongoing armed conflict and extraordinary and temporary conditions, and that permitting Cameroonian nationals to remain temporarily in the United States is contrary to the national interest. Employment Authorization Documents (EADs) previously issued under Cameroon's TPS designation with a 'Card Expires' date of June 7, 2025, and categories A-12 or C-19 are automatically extended through August 4, 2025.","operativeDate":"2025-08-04","year":2025,"affectedGroup":"Nationals of cameroon (and aliens having no nationality who last habitually resided in cameroon) who have been granted tps under cameroon's designation","materialConditionsAndExceptions":"","policyCategory":"Humanitarian, work","policyTool":"Status extension","sourceName":"Federal Register 90 FR 23697","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2025/06/04/2025-10236.txt","preciseCitation":"Federal Register 90 FR 23697. DHS terminates Cameroon and Nepal TPS designations. Effective 2025-08-04.","evidencePassage":"Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is terminating the designation of Cameroon for Temporary Protected Status (TPS). … The designation of Cameroon for TPS is terminated, effective at 11:59 p.m., local time, on August 4, 2025. … Based on my review, I have determined, in my discretion, that Cameroon no longer continues to meet the conditions for a designation for Temporary Protected Status (TPS) under INA section 244(b)(1)(A) or (C), 8 U.S.C. 1254a(b)(1)(A) or (C).","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-26a1c252fb01e242960e","countryCode":"US","country":"United States","title":"State starts a temporary B-1/B-2 visa bond pilot","policyEffect":"The Department of State established a 12-month visa bond pilot for certain B-1/B-2 applicants from countries identified for high overstay rates, deficient screening and vetting information, or citizenship-by-investment concerns.","operativeDate":"2025-08-20","year":2025,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Visitor","policyTool":"Eligibility","sourceName":"Federal Register 90 FR 37378","sourceUrl":"https://www.federalregister.gov/documents/2025/08/05/2025-14826/visas-visa-bond-pilot-program","preciseCitation":"Federal Register 90 FR 37378. State starts a temporary B-1/B-2 visa bond pilot. Effective 2025-08-20.","evidencePassage":"rule. ----------------------------------------------------------------------- SUMMARY: In this temporary final rule (TFR), the Department of State (the Department) announces the commencement of a 12-month long visa bond pilot program. Aliens applying for visas as temporary visitors for business or pleasure (B-1/B-2) and who are nationals of countries identified by the Department as having high visa overstay rates, where screening and vetting information is deemed deficient, or offering Citizenship by Investment, if the alien obtained citizenship with no residency requirement, may be subject to … the pilot program. Consular officers may require covered nonimmigrant visa applicants to post a bond of up to $15,000 as a condition of visa issuance, as determined by the consular officers. DATES: This TFR and pilot program are effective August 20, 2025 until August 5, 2026. FOR FURTHER INFORMATION CONTACT: Visa Services Office, Bureau of Consular Affairs, Department of State; telephone (202) 485-7586, [email protected] . SUPPLEMENTARY INFORMATION: I. Summary This TFR establishes a visa bond pilot program (``Pilot Program'') under section 221(g)(3) of the Immigration and Nationality Act, as … Status and Departure Bond (Visa Bond) to be posted via www.Pay.Gov and accepted by the Department of State, and with the Department of the Treasury accepting all monies to be deposited in a Treasury-held Department of Homeland Security account for the Department of Homeland Security, as a condition of visa issuance, for certain visa applicants. (2) Visa Bond Pilot Program parameters. Under the Visa Bond Pilot Program, consular officers will require Visa Bonds to be posted by visa applicants who are applying for visas as temporary visitors for business or pleasure (B-1/B-2) and are nationals of a country that the Department identifies as: (i) Having high visa overstay rates; (ii) Deficient in its vetting and screening and vetting information; or (iii) Offering Citizenship by Investment, if the alien obtained citizenship with no residency requirement. Countries deemed to meet these criteria will be identified on the Department's website at www.travel.state.gov no less than 15 days prior to the initiation of the pilot program, and countries may be modified on a rolling basis. (3) Bond amount and visa validity. Consular officers will set the Visa Bond amount at $5,000, $10,000, or $15,000,","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"us-hr1-in-absentia-fee-20250908","countryCode":"US","country":"United States","title":"DHS begins assessing HR-1 fee for in-absentia removal followed by ICE arrest","policyEffect":"From September 8, 2025, DHS began assessing and collecting a $5,000 FY2025 fee against aliens ordered removed in absentia under INA 240(b)(5) and subsequently arrested by ICE. The fee does not apply if the in-absentia order was rescinded under 240(b)(5)(C); the notice states no waivers are available.","operativeDate":"2025-09-08","year":2025,"affectedGroup":"Aliens ordered removed in absentia pursuant to section 240(b)(5) of the immigration and nationality act (ina) and subsequently arrested by u.s. immigration and customs enforcement (ice)","materialConditionsAndExceptions":"Validated condition or limit: From September 8, 2025, DHS began assessing and collecting a $5,000 FY2025 fee against aliens ordered removed in absentia under INA 240(b)(5) and subsequently arrested by ICE.; The fee does not apply if the in-absentia order was rescinded under 240(b)(5)(C)","policyCategory":"Other","policyTool":"Fees","sourceName":"Federal Register 90 FR 43223","sourceUrl":"https://www.federalregister.gov/documents/2025/09/08/2025-17221/certain-dhs-immigration-enforcement-related-fees-required-by-hr-1-reconciliation-bill","preciseCitation":"Federal Register 90 FR43223–43224, FR Doc2025-17221, sectionII.A; September8,2025 assessment/collection notice","evidencePassage":"``` <html> <head> <title>Federal Register, Volume 90 Issue 171 (Monday, September 8, 2025)</title> </head> <body><pre> [Federal Register Volume 90, Number 171 (Monday, September 8, 2025)] [Notices] [Pages 43223-43224] From the Federal Register Online via the Government Publishing Office [<a href=\"http://www.gpo.gov\">www.gpo.gov</a>] [FR Doc No: 2025-17221] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Certain DHS Immigration Enforcement-Related Fees Required by HR-1 Reconciliation Bill AGENCY: U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security. ACTION: Notice of Immigration Fees. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security (DHS) is announcing fees established in HR-1 for certain immigration-related violations. This notice announces the new immigration enforcement-related fees that are administered by DHS and provides notice to the public that DHS will begin assessing and collecting these fees in accordance with HR-1. DATES: This action is effective on September 8, 2025. FOR FURTHER INFORMATION CONTACT: Office of Regulatory Affairs and Policy, U.S. Immigration and Customs Enforcement, Department of Homeland Security, 500 12th Street SW, Washington, DC 20536; telephone (202) 732-6960 (not a toll-free call). SUPPLEMENTARY INFORMATION: I. Background and Authority On July 4, 2025, the President signed into law the One Big Beautiful Bill Act, Public Law 119-21, 139 Stat. 72 (HR-1). HR-1 was a comprehensive legislative package that changed many laws and added new laws that touch many areas of the United States Government.\\1\\ Among those changes, the law established several new immigration enforcement- related fees. The new immigration enforcement fees codified in HR-1 will be imposed on aliens in addition to any other fees authorized by law and by the Secretary of Homeland Security.\\2\\ --------------------------------------------------------------------------- \\1\\ See HR-1, Title X, Subtitle A, Part I, sections 100001 through 1000018. \\2\\ See Public Law 119-21, secs. 100016 and 100017. --------------------------------------------------------------------------- These fees are for Fiscal Year (FY) 2025 and are, as established by statute, subject to annual increases based on the Consumer Price Index for All Urban Consumers.\\3\\ The funds collected from these fees will be distributed to the appropriate agency or the U.S. Treasury as mandated by statute.\\4\\ --------------------------------------------------------------------------- \\3\\ See Public Law 119-21 secs. 100016(b)(2) and 100017(b)(2). \\4\\ See Public Law 119-21 secs. 100016(d) and 100017(d) regarding disposition. --------------------------------------------------------------------------- II. New Immigration Enforcement Fees This notice announces the imposition and collection of certain new immigration enforcement fees in accordance with the … fees will be levied against (a) aliens who are ordered removed in absentia pursuant to section 240(b)(5) of the Immigration and Nationality Act (INA) 8 U.S.C. 1229a(b)(5) and are subsequently arrested by U.S. Immigration and Customs Enforcement (ICE); and (b) inadmissible aliens who are apprehended between ports of entry. See Public Law 119-21 secs. 100016, 100017. These fees are not mutually exclusive, and aliens may be subject to the fees under both sections 100016 and 100017. DHS will individually notify aliens to whom these fees apply and, upon notification, provide instructions on how to pay the fees levied as of [September 8, 2025]. The HR-1 fees are meant to cover costs to DHS and are not a ``penalty.'' Therefore, the fee does not impact U.S. compliance with Article 31(1) of the 1951 Refugee Convention, as incorporated by the 1967 Refugee Protocol.\\5\\ --------------------------------------------------------------------------- \\5\\ Article 31(1) of the 1951 Refugee Convention provides, ``The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.'' Although the U.S. is not party to the 1951 Convention, it is party to the 1967 Protocol, which incorporates articles 2 to 34 of the Convention. See INS v. Stevic, 467 U.S. 407, 416 & n.9 (1984). Importantly, the term ``penalty'' in Article 31(1) is understood to mean a criminal sanction, such as imprisonment or a fine, Cazun v. U.S. Att'y Gen., 856 F.3d 249, 257 n. 16 (3d Cir. 2017), rather than a fee. --------------------------------------------------------------------------- A. Section 100016. Aliens Ordered Removed in Absentia Pursuant to INA Section 240(b)(5) and Subsequently Arrested by ICE An alien is ``ordered removed in absentia'' under section 240(b)(5) of the INA, 8 U.S.C. 1229a(b)(5), when the alien fails to attend removal proceedings after receiving written notice of the proceedings and DHS has established ``by clear, unequivocal, and convincing evidence that the written notice was so provided and that the alien is removable.'' \\6\\ As such, aliens who fall under INA 240(b)(5), 8 U.S.C. 1229a(b)(5), and are subsequently arrested by ICE are subject to the HR-1 fee, which is $5,000 for FY 2025. --------------------------------------------------------------------------- \\6\\ INA 240(b)(5), 8 U.S.C. 1229a(b)(5). --------------------------------------------------------------------------- HR-1 provides a single exception from this fee. HR-1 states that the ``fee described in this section shall not apply to any alien who was ordered removed in absentia if such order was rescinded pursuant to section 240(b)(5)(C), 8 U.S.C. 1229a(b)(5)(C).'' \\7\\ See Pub","reviewMethod":"Source-based draft with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"us-hr1-between-ports-fee-20250908","countryCode":"US","country":"United States","title":"DHS begins assessing HR-1 fee for inadmissible apprehension between ports","policyEffect":"From September 8, 2025, DHS began assessing and collecting a $5,000 FY2025 fee against aliens apprehended between ports of entry and determined to be inadmissible. DHS individually notifies affected persons and provides payment instructions.","operativeDate":"2025-09-08","year":2025,"affectedGroup":"Inadmissible aliens who are apprehended between ports of entry","materialConditionsAndExceptions":"Validated condition or limit: From September 8, 2025, DHS began assessing and collecting a $5,000 FY2025 fee against aliens apprehended between ports of entry and determined to be inadmissible.","policyCategory":"Other","policyTool":"Fees","sourceName":"Federal Register 90 FR 43223","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2025/09/08/2025-17221.txt","preciseCitation":"Federal Register 90 FR 43223. DHS implements HR-1 immigration enforcement fees. Effective 2025-09-08.","evidencePassage":"This notice announces the new immigration enforcement-related fees that are administered by DHS and provides notice to the public that DHS will begin assessing and collecting these fees in accordance with HR-1. … DATES: This action is effective on September 8, 2025. … inadmissible aliens who are apprehended between ports of entry. … Aliens who are apprehended between ports of entry and determined to be inadmissible are subject to the HR-1 fee, which is $5,000 for FY 2025. … DHS will individually notify aliens to whom these fees apply and, upon notification, provide instructions on how to pay the fees levied as of [September 8, 2025].","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-40eeb71b606e38e12999","countryCode":"US","country":"United States","title":"Termination of the Designation of Honduras for Temporary Protected Status","policyEffect":"The Department of Homeland Security announces the termination of the Temporary Protected Status (TPS) designation for Honduras, effective September 8, 2025.","operativeDate":"2025-09-08","year":2025,"affectedGroup":"Nationals of honduras (and aliens having no nationality who last habitually resided in honduras) who have been granted tps under honduras' designation","materialConditionsAndExceptions":"","policyCategory":"Humanitarian, work","policyTool":"Status extension","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2025/07/08/2025-12621/termination-of-the-designation-of-honduras-for-temporary-protected-status","preciseCitation":"","evidencePassage":"Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is terminating the designation of Honduras for Temporary Protected Status (TPS). … The designation of Honduras for TPS is terminated effective at 11:59 p.m., local time, on September 8, 2025. … nationals of Honduras (and aliens having no nationality who last habitually resided in Honduras) who have been granted TPS under Honduras' designation will no longer have TPS. … DHS automatically extends the validity of certain EADs previously issued under the TPS designation of Honduras through September 8, 2025. Therefore, as proof of continued employment authorization through September 8, 2025, TPS beneficiaries can show their EADs that have the notation A-12 or C-19 under Category and a “Card Expires” date of January 5, 2018, July 5, 2018, January 5, 2020, January 4, 2021, October 4, 2021, December 31, 2022, June 30, 2024, and July 5, 2025.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-015c2df6872d0d3db2fe","countryCode":"US","country":"United States","title":"President restricts entry of certain H-1B nonimmigrant workers","policyEffect":"Proclamation 10973 restricted entry under the H-1B program for certain new petitions unless accompanied by a $100,000 payment or covered by an exception.","operativeDate":"2025-09-21","year":2025,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: Proclamation 10973 restricted entry under the H-1B program for certain new petitions unless accompanied by a $100,000 payment or covered by an exception.","policyCategory":"Work","policyTool":"Fees","sourceName":"Federal Register 90 FR 46027","sourceUrl":"https://www.federalregister.gov/documents/2025/09/24/2025-18601/restriction-on-entry-of-certain-nonimmigrant-workers","preciseCitation":"Federal Register 90 FR 46027. President restricts entry of certain H-1B nonimmigrant workers. Effective 2025-09-21.","evidencePassage":"this program has inflicted on our economic and national security demands an immediate response. I therefore find that the unrestricted entry into the United States of certain foreign workers who are described in section 1 of this proclamation would be detrimental to the interests of the United States because such entry would harm American workers, including by undercutting their wages. Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: **Section 1** . *Restriction on Entry*. (a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), [8 U.S.C. 1182(f)](https://www.govinfo.gov/link/uscode/8/1182) and [1185(a)](https://www.govinfo.gov/link/uscode/8/1185), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, [8 U.S.C. 1101(a)(15)(H)(i)(b)](https://www.govinfo.gov/link/uscode/8/1101), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000—subject to the exceptions set forth in subsection (c) of this section. This … restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2025. (b) The Secretary of Homeland Security shall restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers under section 101(a)(15)(H)(i)(b) of the INA, who are currently outside the United States, for 12 months following the effective date of this ( printed page 46029) proclamation as set forth in subsection (a) of this section. The Secretary of State shall also issue guidance,","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"us-hr1-i94-fee-20250930","countryCode":"US","country":"United States","title":"CBP begins assessing additional HR-1 I-94 fee at land-border ports","policyEffect":"From September 30, 2025, CBP began assessing a $24 FY2025 HR-1 fee for an application for Form I-94 at a land-border port, added to the existing $6 fee for a $30 total.","operativeDate":"2025-09-30","year":2025,"affectedGroup":"Persons applying for form i-94 at land-border ports of entry, subject to existing i-94 exemptions","materialConditionsAndExceptions":"Validated condition or limit: From September 30, 2025, CBP began assessing a $24 FY2025 HR-1 fee for an application for Form I-94 at a land-border port, added to the existing $6 fee for a $30 total.","policyCategory":"Visitor, other","policyTool":"Fees","sourceName":"Federal Register 90 FR 42025","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2025/08/28/2025-16453.txt","preciseCitation":"Federal Register 90 FR 42025. CBP implements HR-1 I-94, EVUS, and ESTA fee changes. Effective 2025-09-30.","evidencePassage":"Accordingly, the total fee to apply for a CBP Form I-94 at a land border port of entry for FY 2025 is $30, consisting of the $6 land border fee and the HR-1 $24 fee. … CBP will begin assessing the new HR-1 fees described in this notice on September 30, 2025. … CBP issues an electronic CBP Form I-94 Arrival/Departure Record to all arriving aliens who are legally required to submit that form (unless otherwise exempted). … CBP will not assess a fee for aliens arriving at an air or sea port of entry because such aliens are not required to submit an application for a CBP Form I-94.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"us-hr1-evus-fee-20250930","countryCode":"US","country":"United States","title":"CBP begins assessing HR-1 EVUS enrollment fee","policyEffect":"From September 30, 2025, CBP began assessing a new $30 FY2025 EVUS enrollment fee, payable at enrollment in addition to other applicable fees. The notice describes EVUS as applying to PRC nationals holding designated 10-year B1/B2, B1 or B2 visitor visas; its footnote specifies designated visas issued without restriction for maximum validity in a PRC-issued passport.","operativeDate":"2025-09-30","year":2025,"affectedGroup":"Prc nationals with an approved u.s.-issued visa of a designated category enrolling in evus","materialConditionsAndExceptions":"Validated condition or limit: From September 30, 2025, CBP began assessing a new $30 FY2025 EVUS enrollment fee, payable at enrollment in addition to other applicable fees.; its footnote specifies designated visas issued without restriction for maximum validity in a PRC-issued passport.","policyCategory":"Visitor, other","policyTool":"Fees","sourceName":"Federal Register 90 FR 42025","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2025/08/28/2025-16453.txt","preciseCitation":"Federal Register 90 FR 42025. CBP implements HR-1 I-94, EVUS, and ESTA fee changes. Effective 2025-09-30.","evidencePassage":"CBP will begin assessing the new HR-1 fees described in this notice on September 30, 2025. … Pursuant to HR-1, the Secretary of Homeland Security must require the payment of a fee by any alien enrolling in EVUS. Public Law 119-21 sec. 100015. The alien must pay the fee at the time of enrollment. Id. For FY 2025, the statute sets a minimum fee of $30. See Public Law 119- 21 sec. 100015(b)(1). This $30 fee is in addition to any other fee applicable by law. … PRC nationals with an approved U.S.-issued visa of a designated category must enroll in EVUS and provide or update personal and travel information to receive a determination of travel eligibility. … EVUS is an online system currently used by nationals of the People's Republic of China (PRC) holding a 10-year B1/B2, B1 or B2 (visitor) visa to provide required information to the Department of Homeland Security (DHS) prior to travel to the United States. … In a Federal Register notice published on Oct. 20, 2016 (81 FR 72600), DHS identified the PRC as an EVUS country and designated B-1, B-2, and B-1/B-2 visas issued without restriction for the maximum validity period and contained in a passport issued by the PRC as designated visa categories for purposes of EVUS.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"us-hr1-esta-fee-20250930","countryCode":"US","country":"United States","title":"CBP begins assessing increased HR-1 ESTA authorization fee","policyEffect":"From September 30, 2025, CBP began assessing a $40 FY2025 ESTA travel-authorization fee, replacing the previous $21 fee. ESTA is required in advance for Visa Waiver Program travel by air, sea or land.","operativeDate":"2025-09-30","year":2025,"affectedGroup":"Visa waiver program travellers obtaining esta authorization for air, sea or land travel","materialConditionsAndExceptions":"Validated condition or limit: From September 30, 2025, CBP began assessing a $40 FY2025 ESTA travel-authorization fee, replacing the previous $21 fee.; ESTA is required in advance for Visa Waiver Program travel by air, sea or land.","policyCategory":"Visitor, other","policyTool":"Fees","sourceName":"Federal Register 90 FR 42025","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2025/08/28/2025-16453.txt","preciseCitation":"Federal Register 90 FR 42025. CBP implements HR-1 I-94, EVUS, and ESTA fee changes. Effective 2025-09-30.","evidencePassage":"CBP will begin assessing the new HR-1 fees described in this notice on September 30, 2025. … Section 100014 of Public Law 119-21 amended section 217(h)(3)(B) of the INA (8 U.S.C. 1187(h)(3)(B)) to increase the fee for the use of ESTA to $40. The minimum ESTA fee for FY 2025 is now $40. … ESTA is the online system through which aliens intending to enter the United States under the Visa Waiver Program (VWP) must obtain an electronic travel authorization in advance of travel to the United States. … Each alien intending to travel by air, sea, or land to the United States under the VWP must receive a travel authorization via ESTA prior to travel.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp-60ec24b9a3c0439a2afb","countryCode":"US","country":"United States","title":"President sets FY2026 refugee admissions ceiling at 7,500","policyEffect":"The President determined that up to 7,500 refugee admissions for FY2026 were justified, with admissions primarily allocated to Afrikaners from South Africa and other victims of illegal or unjust discrimination, subject to other presidential restrictions.","operativeDate":"2025-09-30","year":2025,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: The President determined that up to 7,500 refugee admissions for FY2026 were justified, with admissions primarily allocated to Afrikaners from South Africa and other victims of illegal or unjust discrimination, subject to other presidential restrictions.","policyCategory":"Humanitarian","policyTool":"Cap quota","sourceName":"Federal Register 90 FR 49005","sourceUrl":"https://www.federalregister.gov/documents/2025/10/31/2025-19752/presidential-determination-on-refugee-admissions-for-fiscal-year-2026","preciseCitation":"Federal Register 90 FR 49005. President sets FY2026 refugee admissions ceiling at 7,500. Effective 2025-10-01.","evidencePassage":"sident by the Constitution and the laws of the United States, in accordance with section 207 of the Immigration and Nationality Act ([8 U.S.C. 1157](https://www.govinfo.gov/link/uscode/8/1157)), and after appropriate consultations with the Congress, I hereby make the following determinations and authorize the following actions: The admissions of up to 7,500 refugees to the United States during Fiscal Year 2026 is justified by humanitarian concerns or is otherwise in the national interest. The admissions numbers shall primarily be allocated among Afrikaners from South Africa pursuant to [Execut … ive Order 14204](https://www.federalregister.gov/executive-order/14204), and other victims of illegal or unjust discrimination in their respective homelands. Refugee admissions under this determination, which may reach but not exceed the numerical limit described herein, are in all respects subject to the requirements of other Presidential policies and actions, whether issued prior or subsequent to this determination. Those Presidential policies and actions include, but are not limited to: [Executive Order 14161](https://www.federalregister.gov/executive-order/14161), which mandates that refug … ees receive the most stringent identification verification of any class of alien seeking admission or entry to the United States; [Executive Order 14163](https://www.federalregister.gov/executive-order/14163), which suspends the entry into the United States of refugees other than when the Secretaries of State and Homeland Security jointly determine that an admission is in the national interest and does not threaten the security or welfare of the United States; [Executive Order 14204](https://www.federalregister.gov/executive-order/14204), which provides for refugee resettlement of Afrikaners f … s://www.federalregister.gov/reader-aids/using-federalregister-gov/understanding-public-inspection).Public Inspection Published Document: 2025-19752 (90 FR 49005) This document has been published in the *Federal Register*. Use the PDF linked in the document sidebar for the official electronic format. Presidential Determination No. 2025-13 of September 30, 2025 # Presidential Determination on Refugee Admissions for Fiscal Year 2026 # Memorandum for the Secretary of State\\[,] the Secretary of Homeland Security\\[, and] the Secretary of Health and Human Services By the authority vested in me as Pre … rom South Africa who are victims of unjust racial discrimination; and Proclamation 10949, which restricts the entry of certain foreign nationals whose admission would be detrimental to the national interest. ( printed page 49006) The Secretary of State is authorized and directed to publish this determination in the *Federal Register*. [![](https://img.federalregister.gov/TRUMP/TRUMP_original_size.png)](https://img.federalregister.gov/TRUMP/TRUMP_original_size.png) THE WHITE HOUSE, Washington, September 30, 2025 \\[[FR Doc. 2025-19752](https://www.federalregister.gov/d/2025-19752) Filed 10-30-25","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-7b753ebb5749bfde2b04","countryCode":"US","country":"United States","title":"DHS permits earlier electronic filing of certain H-2A petitions","policyEffect":"DHS finalized a rule amending regulations to allow H-2A petitions requesting unnamed beneficiaries to be filed electronically after the Department of Labor (DOL) issues a notice of acceptance (NOA) and before DOL approves the underlying temporary labor certification (TLC). Petitioners seeking concurrent processing must provide the ETA case number for the underlying TLC application. USCIS will make necessary modifications to the concurrently processed H-2A petition to reflect any modifications made by DOL to the TLC after issuance of the NOA and before certification. The TLC must be approved by DOL before USCIS may approve the H-2A petition. If the H-2A petition is filed before DOL issues a notice of acceptance, or if DOL denies the application for temporary agricultural labor certification, USCIS will deny the H-2A petition.","operativeDate":"2025-10-02","year":2025,"affectedGroup":"H-2a petitioners seeking unnamed beneficiaries who file electronically","materialConditionsAndExceptions":"Validated condition or limit: DHS finalized a rule amending regulations to allow H-2A petitions requesting unnamed beneficiaries to be filed electronically after the Department of Labor (DOL) issues a notice of acceptance (NOA) and before DOL approves the underlying temporary labor certification (TLC).; Petitioners seeking concurrent processing must provide the ETA case number for the underlying TLC application.; USCIS will make necessary modifications to the concurrently processed H-2A petition to reflect any modifications made by DOL to the TLC after issuance of the NOA and before certification.; The TLC must be approved by DOL before USCIS may approve the H-2A petition.; If the H-2A petition is filed before DOL issues a notice of acceptance, or if DOL denies the application for temporary agricultural labor certification, USCIS will deny the H-2A petition.","policyCategory":"Work","policyTool":"Processing","sourceName":"govinfo.gov","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2025-10-02/html/2025-19235.htm","preciseCitation":"","evidencePassage":"An H-2A petition requesting unnamed beneficiaries may be filed electronically after DOL issues a notice of acceptance and before DOL approves the underlying application for temporary agricultural labor certification. … DATES: This final rule is effective on October 2, 2025. … when an H-2A petitioner electronically files a Petition for a Nonimmigrant Worker requesting unnamed beneficiaries. … Petitioners seeking concurrent processing under this rule must provide on the H-2A petition the ETA case number for the underlying TLC application … If applicable, USCIS will make necessary modifications to the concurrently processed H-2A petition to reflect any modifications made by DOL to the application for temporary agricultural labor certification after issuance of the notice of acceptance and before certification. The temporary agricultural labor certification must be approved by DOL before USCIS may approve the H-2A petition, provided that all other statutory and regulatory requirements are met. If the H-2A petition is filed before DOL issues a notice of acceptance, or if DOL denies the application for temporary agricultural labor certification, USCIS will deny the H-2A petition.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5a302d0eddbffcf73a36","countryCode":"US","country":"United States","title":"DHS removes automatic extensions for most renewal EAD filings","policyEffect":"DHS issued an interim final rule ending automatic EAD validity extensions for aliens who timely file renewal applications in covered categories, except for extensions already granted or otherwise required by law or Federal Register notice.","operativeDate":"2025-10-30","year":2025,"affectedGroup":"Current holders","materialConditionsAndExceptions":"Validated condition or limit: DHS issued an interim final rule ending automatic EAD validity extensions for aliens who timely file renewal applications in covered categories, except for extensions already granted or otherwise required by law or Federal Register notice.","policyCategory":"Work, humanitarian, family, residence, other","policyTool":"Work rights","sourceName":"Federal Register 90 FR 48799","sourceUrl":"https://www.federalregister.gov/documents/2025/10/30/2025-19702/removal-of-the-automatic-extension-of-employment-authorization-documents","preciseCitation":"Federal Register 90 FR 48799. DHS removes automatic extensions for most renewal EAD filings. Effective 2025-10-30.","evidencePassage":"Department of Homeland Security 8 CFR Part 274a [CIS No. 2826-25; DHS Docket No. USCIS-2025-0271] RIN 1615-AD05 ( printed page 48799) AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Interim final rule (“IFR”) with request for comments. SUMMARY: This IFR amends DHS regulations to end the practice of automatically extending the validity of employment authorization documents (Forms I-766 or EADs) for aliens who have timely filed an application to renew their EAD in certain employment authorization categories. The purpose of this change is to prioritize … the homeland.” C. Summary of the Regulatory Action This IFR makes the following changes: DHS is revising the heading of8 CFR 274a.13(d), to clearly indicate that the up-to 540-day automatic extension period only applies to renewal EAD applications filed before October 30, 2025. DHS makes no other changes to this paragraph. DHS is adding new8 CFR 274a.13(e). The new provision explains that, unless otherwise provided in 8 CFR 274a.13(d), by law, or through a Federal Register notice for Temporary Protected Status (TPS)-related employment documentation, the validity period of an expired or expiring Employment Authorization Document and/or employment authorization will not be automatically extended by a renewal EAD application filed on or after October 30, 2025. This IFR does not impact automatic extensions of EADs and/or employment authorization provided by law or Federal Register notices, such as those for TPS applicants and beneficiaries pursuant to section 244 of the Act, 8 U.S.C. 1254a, and 8 CFR part 244. III. Background & Purpose A. Legal Authority The Secretary of Homeland Security's (Secretary) authority for the regulatory amendments made in this IFR are found in various sections … applicable, merit a favorable exercise of discretion, for employment authorization before such authorization is provided to the alien. E. Description of Regulatory Changes: Adding New 8 CFR 274a.13(e) and Modifying the Heading of 8 CFR 274a.13(d) 1. Adding New 8 CFR 274a.13(e) With this IFR, DHS is amending 8 CFR 274a.13 to add a new paragraph (e) that will be in effect immediately with the publication of this rule. With the new paragraph, DHS is eliminating the practice of providing automatic extension periods for EAD validity and/or employment authorization for up to 540 days for renewal applications filed on or after October 30, 2025. Therefore, renewal EAD applicants will no longer receive an up to 540-day automatic extension of their EAD and/or employment authorization if they file their application on or after October 30, 2025. See new8 CFR 274a.13(e). Except as otherwise provided by law, in 8 CFR 274a.13(d), or in accordance with applicable Federal Register notice regarding procedures for renewing TPS-related employment documentation, an alien's EAD validity and/or an alien's attendant employment authorization will expire as follows: For those aliens who are employment authorized incident","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-20f12bd6ac7a9c1757ed","countryCode":"US","country":"United States","title":"DHS terminates the 2021 Venezuela TPS designation","policyEffect":"DHS terminated the 2021 Venezuela TPS designation, with termination effective November 7, 2025.","operativeDate":"2025-11-07","year":2025,"affectedGroup":"Current holders","materialConditionsAndExceptions":"","policyCategory":"Humanitarian, work","policyTool":"Status extension","sourceName":"Federal Register 90 FR 43225","sourceUrl":"https://www.federalregister.gov/documents/2025/09/08/2025-17087/termination-of-the-2021-designation-of-venezuela-for-temporary-protected-status","preciseCitation":"Federal Register 90 FR 43225. DHS terminates the 2021 Venezuela TPS designation. Effective 2025-11-07.","evidencePassage":"Designation of Venezuela for Temporary Protected Status AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Notice. ----------------------------------------------------------------------- [[Page 43226]] SUMMARY: Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is terminating the 2021 designation of Venezuela for Temporary Protected Status (TPS). The 2021 designation of Venezuela is set to expire on September 10, 2025. After reviewing country conditions and consulting with … appropriate U.S. Government agencies, the Secretary determined that Venezuela no longer continues to meet the conditions for the 2021 designation for Temporary Protected Status. The Secretary, therefore, is terminating the 2021 Temporary Protected Status designation of Venezuela as required by statute. This termination is effective November 7, 2025. After November 7, 2025, nationals of Venezuela (and aliens having no nationality who last habitually resided in Venezuela) who have been granted Temporary Protected Status under Venezuela's 2021 designation will no longer have Temporary Protected Status … orderly transition'' period with respect to the termination and the expiration of any Temporary Protected Status-related documentation, such as EADs. The Secretary has determined, in her discretion, that a 60-day transition period is sufficient and warranted here given the Secretary's finding that continuing to permit the Venezuelan nationals to remain temporarily in the United States is contrary to the U.S. national interest. See INA sec. 244(d)(3), 8 U.S.C. 1254a(d)(3). Accordingly, the termination of the 2021 Venezuela TPS designation will be effective 60 days from this notice's publication date … permitting the nationals of Venezuela (and aliens having no nationality who last habitually resided in Venezuela) to remain temporarily in the United States is contrary to the national interest of the United States. Based on my review, I have determined that Venezuela no longer continues to meet the conditions for Temporary Protected Status under INA Section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). Accordingly, I order as follows: (1) Pursuant to INA Section 244(b)(3)(B), 8 U.S.C. 1254a(b)(1)(B), and considering INA Section 244(d)(3), 8 U.S.C. 1254a(d)(3), the 2021 designation of Venezuela for Temporary Protected Status is terminated effective at 11:59 p.m., local time, on November 7, 2025. (2) Information concerning the termination of Temporary Protected Status for nationals of Venezuela (and aliens having no nationality who last habitually resided in Venezuela) under the 2021 designation will be available at local USCIS offices upon publication of this notice and through the USCIS Contact Center at 1-800-375-5283. This information will also be published on the USCIS website at <a href=\"http://www.uscis.gov\">www.uscis.gov</a>. Kristi Noem, Secretary of Homeland Security. [FR Doc. 2025","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-533fcece0f7c14cc6641","countryCode":"US","country":"United States","title":"DHS finalizes biometric entry and exit collection for aliens","policyEffect":"DHS finalized rules permitting biometric collection from aliens entering and departing the United States, including photographs for all aliens and additional biometrics for non-exempt aliens, and removed pilot/port limitations for departure collection.","operativeDate":"2025-12-26","year":2025,"affectedGroup":"","materialConditionsAndExceptions":"Validated condition or limit: DHS finalized rules permitting biometric collection from aliens entering and departing the United States, including photographs for all aliens and additional biometrics for non-exempt aliens, and removed pilot/port limitations for departure collection.","policyCategory":"Visitor, study, work, family, residence, other","policyTool":"Entry exit","sourceName":"Federal Register 90 FR 48604","sourceUrl":"https://www.federalregister.gov/documents/2025/10/27/2025-19655/collection-of-biometric-data-from-aliens-upon-entry-to-and-departure-from-the-united-states","preciseCitation":"Federal Register 90 FR 48604. DHS finalizes biometric entry and exit collection for aliens. Effective 2025-12-26.","evidencePassage":"This final rule amends Department of Homeland Security (DHS) regulations to provide that DHS may require all aliens to be photographed when entering or exiting the United States, and may require non-exempt aliens to provide other biometrics. The final rule also amends the regulations to remove the references to pilot programs and the port limitation to permit collection of biometrics from aliens departing from airports, land ports, seaports, or any other authorized point of departure. In addition, DHS is requesting comments on the specific collection process as well as costs and benefits for new … be required to be photographed to determine the alien's identity, admissibility, and whether immigration status in the United States has been properly maintained. Like the collection of photographs upon departure, the exemptions provided in 8 CFR 235.1(f)(1)(ii), redesignated as 8 CFR 235.1(f)(1)(iii) and revised by this final rule, will no longer pertain to the collection of photographs from aliens seeking admission and will only apply to the collection of other biometrics. As noted above, DHS is retaining the exemptions in 8 CFR 215.8 and 235.1(f) [41] for the collection of biometrics other … Departing the United States and Other Minor Conforming and Editorial Changes DHS is amending 8 CFR 215.8(a) to expand where the collection of biometrics may be required. Prior to the effective date of this final rule, 8 CFR 215.8(a)(1) provided that biometrics may be collected from aliens only when departing “the United States from a designated port of entry.” As described above, this final rule adds new paragraph 8 CFR 215.8(a)(1) and redesignates 8 CFR 215.8(a)(1) as 8 CFR 215.8(a)(2). Both new paragraph 8 CFR 215.8(a)(1) and redesignated paragraph 8 CFR 215.8(a)(2) now provide that biometrics may be collected from aliens “when departing the United States” from any location. This amendment is necessary to allow for the collection of biometrics from individuals upon departure at locations other than from a designated port of entry.[42] Although the majority of travelers depart the United States from a designated port of entry, a few travelers depart the country from locations that are not designated as ports of entry, including airports such as Ronald Reagan Washington National Airport [43] as well as other locations such as pleasure boat docks that are not designated ports of entry. … To ensure the implementation of a biometric entry-exit system that tracks all individuals departing the United States, DHS may require aliens to provide biometrics upon departure from designated ports of entry or from any other location. In addition, DHS is making certain minor conforming and editorial changes in 8 CFR 215.8 and 235.1(f). In 8 CFR 215.8, DHS is redesignating paragraphs (a)(1) and (2) as paragraphs (a)(2) and (3), and revising cross-references and adding paragraph headings as necessary. In § 235.1(f), DHS is redesignating paragraphs (f)(1)(ii), (iii), and (iv) as paragraphs (f)","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-993766728d6bb1f9f328","countryCode":"US","country":"United States","title":"DHS applies FY2026 inflation adjustments to HR-1 parole, I-94, ESTA, and EVUS fees","policyEffect":"DHS announced FY2026 inflation-adjusted HR-1 fees for parole, I-94, ESTA, and EVUS, with the adjusted amounts assessed beginning January 1, 2026.","operativeDate":"2026-01-01","year":2026,"affectedGroup":"New applicants","materialConditionsAndExceptions":"","policyCategory":"Humanitarian, work, other","policyTool":"Fees","sourceName":"Federal Register 90 FR 52085","sourceUrl":"https://www.federalregister.gov/documents/2025/11/19/2025-20304/certain-dhs-immigration-fees-required-by-hr-1-fiscal-year-2026-adjustments-for-inflation","preciseCitation":"Federal Register 90 FR 52085. DHS applies FY2026 inflation adjustments to HR-1 parole, I-94, ESTA, and EVUS fees. Effective 2026-01-01.","evidencePassage":"adjustments. This notice states the FY 2026 rates for the HR-1 parole, I-94, ESTA, and EVUS fees (collectively, the HR-1 fees). Generally, HR-1 requires the multiplication of an HR-1 fee or a portion of an HR-1 fee from the prior FY by the percentage, if any, by which the CPI-U for the month of July preceding the date on which the adjustment takes effect exceeds the CPI-U for the July of the preceding calendar year (the inflation adjustment). In July 2024, the CPI-U was 314.540, and in July 2025, the CPI-U was 323.048. Therefore, between July 2024 and July 2025, the CPI-U increased by 2.70 percent.\\5\\ To determine the total HR-1 fee for each FY, the inflation adjustment is then added to the HR-1 fee or portion of the HR-1 fee used in the calculation of the inflation adjustment, pursuant to the statutorily prescribed formula. The specifics of the statutory inflation adjustment formulas differ for each HR-1 fee. The following table provides a summary of the inflation-adjusted FY 2026 HR-1 fees described in this notice --------------------------------------------------------------------------- \\5\\ Bureau of Labor Statistics, Consumer Price Index--July 2025, August 12, 2025, <a href=\"https://www.bls.gov/news.release/archives/cpi_08122025.htm\">https://www.bls.gov/news.release/archives/cpi_08122025.htm</a> (last visited Oct. 21, 2025). --------------------------------------------------------------------------- [[Page 52086]] and the following subsections further detail the HR-1 inflation adjustment requirements. Certain FY 2026 Fees, as Required by HR-1 ---------------------------------------------------------------------------------------------------------------- Total FY 2025 FY 2026 Total FY 2026 HR-1, Public Law 119-21 (139 Action fee (existing inflation fee (revised Stat. 72) section fee) adjustment fee) ---------------------------------------------------------------------------------------------------------------- 100004........................... Parole into the United $1,000 +$20 $1,020 States. 100008........................... Application for CBP Form 30 \\6\\ +0 \\7\\ 30 I-94 at land border ports of entry. 100014........................... ESTA authorization....... 40 +0.27 \\8\\ 40.27 100015........................... EVUS enrollment.......... 30 +0.75 30.75 -------------------------------------------------------------------------------------------------------------","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-4ea1a360443cf4d54435","countryCode":"US","country":"United States","title":"Precedent Designation of In Absentia Removal Notice Standards (Matter of Laparra-Deleon)","policyEffect":"Pursuant to Attorney General Order No. 6581-2026, the Attorney General designated Matter of Laparra-Deleon as binding precedent, holding that service of a statutorily compliant Notice of Hearing under INA § 239(a)(2) provides sufficient written notice to sustain an in absentia removal order under INA § 240(b)(5)(A), even if the initial Notice to Appear lacked the hearing date and time. Phase scope: Nationwide precedent across all immigration courts and EOIR proceedings","operativeDate":"2026-01-09","year":2026,"affectedGroup":"Noncitizens in removal proceedings facing in absentia removal orders","materialConditionsAndExceptions":"","policyCategory":"Legal status / removal proceedings / enforcement","policyTool":"Binding administrative precedent / removal standards","sourceName":"justice.gov","sourceUrl":"https://justice.gov/eoir/media/1423351/dl?inline=","preciseCitation":"Matter of Sergio Rodolfo LAPARRA-DELEON, 29 I&N Dec. 389 (BIA 2026); Attorney General Order No. 6581-2026","evidencePassage":"Pursuant to Order No. 6581-2026, dated January 9, 2026, the Attorney General designated the Board’s decision in Matter of Laparra-Deleon (BIA Dec. 17, 2025), as precedent in all proceedings involving the same issue or issues. See 8 C.F.R. § 1003.1(g)(3) (2025). Editorial changes have been made consistent with the designation of the case as a precedent.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5c2c1124e91fc95f6180","countryCode":"US","country":"United States","title":"DHS terminates family reunification parole programs","policyEffect":"DHS terminated modernized family reunification parole programs for Colombians, Cubans, Ecuadorians, Guatemalans, Haitians, Hondurans, and Salvadorans, and ended residual processing under legacy Cuban and Haitian family reunification parole programs.","operativeDate":"2026-01-14","year":2026,"affectedGroup":"Current holders","materialConditionsAndExceptions":"","policyCategory":"Family, humanitarian, work","policyTool":"Eligibility","sourceName":"Federal Register 90 FR 58032","sourceUrl":"https://www.federalregister.gov/documents/2025/12/15/2025-22744/termination-of-family-reunification-parole-processes-for-colombians-cubans-ecuadorians-guatemalans","preciseCitation":"Federal Register 90 FR 58032. DHS terminates family reunification parole programs. Effective 2026-01-14.","evidencePassage":"Colombians, Cubans, Ecuadorians, Guatemalans, Haitians, Hondurans, and Salvadorans ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security (``DHS'') is terminating the categorical parole processes for aliens from Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, and their immediate family members, under the Family Reunification Parole processes announced, or updated, by DHS in 2023 (hereinafter referred to as ``modernized FRP programs''). DHS is also terminating the residual processing of legacy cases under the Cuban Family Reunification Parole program (``legacy CFRP'') and the Haitian Family Reunification Parole program (``legacy HFRP'') first implemented by USCIS in 2007 and 2014, respectively (collectively, the ``legacy FRP programs''). This Federal Register notice is intended to provide context and guidance to the public regarding the termination of all nine programs (hereinafter ``the FRP programs''), termination of parole for aliens paroled under the FRP programs, and revocation of employment authorization based on being an alien paroled under the FRP programs. DATES: DHS is terminating … the FRP programs as of December 15, 2025. The temporary parole period of aliens who have been paroled into the United States under the FRP programs, and whose initial period of parole has not already expired by January 14, 2026 will terminate on that date. There are two circumstances where an alien's parole will not terminate: (1) the alien filed a Form I-485, Application to Register Permanent Residence or Adjust Status, that is postmarked or electronically filed as of December 15, 2025 that is still pending adjudication as of December [[Page 58033]] 15, 2025; or (2) the Secretary of Homeland … addition to any continued processing under the legacy FRP programs, by publishing this single notice in the Federal Register. Consistent with the Secretary's statutory and regulatory authority, the parole of all aliens who have been paroled into the United States under the FRP programs described in this notice, and whose initial period of parole has not already expired by January 14, 2026, will terminate on that date, subject to certain exceptions. --------------------------------------------------------------------------- \\7\\ Compare, e.g., 88 FR at 43593-43596, with 88 FR at 78765- 78768, 72","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-4399a27ccd779b48f8de","countryCode":"US","country":"United States","title":"DHS and DOL add 64,716 H-2B visas for FY2026","policyEffect":"The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising time-limited Fiscal Year (FY) 2026 authority to issue up to, but not more than, an additional 64,716 visas for the fiscal year, distributed across three allocations.","operativeDate":"2026-01-30","year":2026,"affectedGroup":"American businesses suffering or facing impending irreparable harm","materialConditionsAndExceptions":"Validated condition or limit: The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising time-limited Fiscal Year (FY) 2026 authority to issue up to, but not more than, an additional 64,716 visas for the fiscal year, distributed across three allocations.","policyCategory":"Work","policyTool":"Cap quota","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/2026/02/03/2026-02131/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2026-numerical-limitation-for-the","preciseCitation":"https://www.federalregister.gov/documents/2026/02/03/2026-02131/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2026-numerical-limitation-for-the; https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers","evidencePassage":"The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising time-limited Fiscal Year (FY) 2026 authority to issue up to, but not more than, an additional 64,716 visas for the fiscal year. … All of these supplemental visas will be available only to those American businesses that are suffering or will suffer impending irreparable harm, i.e., those facing permanent and severe financial loss, as attested by the employer. … These supplemental visas will be distributed in three allocations based on the petitioner's start date of need through the end of the fiscal year: (1) 18,490 immediately available visas limited to returning workers, that is, aliens who were issued an H-2B visa or otherwise granted H-2B status in FY 2023, 2024, or 2025, and who will be available for eligible employers with a need for workers to begin work between January 1, 2026 through March 31, 2026. Employers must file these petitions no later than 14 days after the second half of the statutory cap is reached; (2) 27,736 visas, plus any unused visas from the first allocation, limited to returning workers, that is, aliens who ( printed page 5041) were issued an H-2B visa or otherwise granted H-2B status in FY 2023, 2024, or 2025, and who will be available for eligible employers with a need for workers to begin work between April 1, 2026 and April 30, 2026. Employers must file these petitions no earlier than 15 days after the second half of the statutory cap [1] is reached; and (3) 18,490 visas, plus any unused visas from the first or second allocations, for aliens who will be available for eligible employers with a need for workers to begin work between May 1, 2026 and September 30, 2026. These petitions are exempt from the returning worker requirement. Employers must file these petitions no earlier than 45 days after the second half of the statutory cap is reached.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-3aabad54e82d9c81f8c4","countryCode":"US","country":"United States","title":"Rescission of Suspension of Direct Commercial Passenger and Cargo Flights Between the United States and Venezuela","policyEffect":"The Department of Homeland Security formally rescinded its prior determination and order suspending direct commercial passenger and cargo air services between the United States and Venezuela, authorizing the commencement of commercial flight operations between the two countries. Phase scope: Direct commercial passenger and cargo air transport between the U.S. and Venezuela","operativeDate":"2026-04-15","year":2026,"affectedGroup":"Air travelers and commercial carriers operating between the u.s. and venezuela","materialConditionsAndExceptions":"","policyCategory":"Border controls / transport & air transit regulations","policyTool":"Regulatory rescission","sourceName":"Federal Register","sourceUrl":"https://govinfo.gov/content/pkg/FR-2026-04-17/pdf/2026-07511.pdf","preciseCitation":"91 FR 20698, Doc. No. 2026-07572 (Apr. 17, 2026)","evidencePassage":",161–62 (Apr. 8, Consistent with the President’s that information on this matter can be 2025). The target date was extended to direction and the changed conditions in obtained by contacting the May 13, 2026. Venezuela, DHS is rescinding its Commission’s TDD terminal on (202) On April 4, 2025, claims 19 and 20 of previous determination and related 205–1810. the 758 patent were terminated from the requirements suspending all direct SUPPLEMENTARY INFORMATION: The investigation based on withdrawal of commercial passenger and cargo flights Commission instituted this investigation the complaint. Order No. 11 (Mar. 17, on December 11, 2024, based on a 2025), unreviewed by Comm’n Notice khammond on DSK9W7S144PROD with NOTICE between the United States and Venezuela. As noted above, TSA will complaint filed on behalf of Cricut, Inc. (Apr. 4, 2025). continue assessing security at (‘‘Cricut’’) of South Jordan, Utah. 89 FR The Vevor Respondents and Venezuelan airports on an individual 99,905–06 (Dec. 11, 2024). The Konduone were found in default basis concerning the possible future complaint, as supplemented, alleges pursuant to 19 CFR 210.16. Order No. commencement of commercial flight violations","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-c3750263dcd2b3820bba","countryCode":"US","country":"United States","title":"Non-Cognizability of Domestic Violence Particular Social Groups and Standard for Marriage Validity (Matter of V-A-B-)","policyEffect":"Establishes nationwide precedent holding that a proposed particular social group defined as 'married Mexican women who are unable to leave their relationship' is not cognizable due to circularity and lack of particularity, and holds that a lawful marriage cannot be presumed solely based on cohabitation or shared children. Phase scope: Nationwide binding precedent across EOIR and DHS adjudications","operativeDate":"2026-05-08","year":2026,"affectedGroup":"Applicants for asylum and withholding of removal asserting domestic-violence-based particular social groups","materialConditionsAndExceptions":"","policyCategory":"Humanitarian / asylum and withholding of removal","policyTool":"Binding administrative precedent / adjudication criteria","sourceName":"justice.gov","sourceUrl":"https://justice.gov/eoir/media/1439986/dl","preciseCitation":"Matter of V-A-B-, 29 I&N Dec. 621 (BIA 2026)","evidencePassage":"Cite as 29 I&N Dec. 621 (BIA 2026) Interim Decision #4192 Matter of V-A-B-, Applicant Decided May 8, 2026 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) The proposed particular social group defined as “married Mexican women who are unable to leave their relationship” is not cognizable under the Immigration and Nationality Act because it is circularly defined and lacks particularity. (2) The existence of a lawful marriage cannot be presumed simply because two persons are cohabitating or have children in common. FOR THE APPLICANT: Gina M. Fraga … marriage is generally determined by the law of the place of the celebration.” Matter of Da Silva, 15 I&N Dec. 778, 779 (BIA 1976). Thus, when determining whether a person is or was married, the Immigration Judge must, at a minimum, determine the place of the alleged marriage, the date of the alleged marriage, and the applicable law existing at the time and place of the claimed marriage. The Immigration Judge must then determine whether the applicant was married under the applicable law and, if so, the dates the marriage existed. The existence of a lawful marriage cannot be presumed simply because","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"repair-fcp3-61b338a6570bb47cb37d","countryCode":"US","country":"United States","title":"President issues emergency FY2026 refugee admissions determination","policyEffect":"The President issued an emergency determination on refugee admissions for FY2026, modifying refugee admissions policy after the October 2025 annual determination.","operativeDate":"2026-05-21","year":2026,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: The President issued an emergency determination on refugee admissions for FY2026, modifying refugee admissions policy after the October 2025 annual determination.","policyCategory":"Humanitarian","policyTool":"Cap quota","sourceName":"Federal Register 91 FR 31645","sourceUrl":"https://www.federalregister.gov/documents/2026/05/27/2026-10598/emergency-presidential-determination-on-refugee-admissions-for-fiscal-year-2026","preciseCitation":"Federal Register 91 FR 31645. President issues emergency FY2026 refugee admissions determination. Effective 2026-05-27.","evidencePassage":"ent of racially motivated violence on the part of the Government of South Africa and leaders of prominent political parties in South Africa, as well as new disruptions of United States Refugee Admissions Program operations in South Africa. I hereby determine that the admission to the United States of Afrikaners from South Africa in response to this emergency is justified by the grave humanitarian concerns and is otherwise in the national interest, that the admission of these refugees cannot be accomplished under the refugee ceiling of 7,500 for Fiscal Year 2026 as authorized in PD 2025-13, and … that an increase in the ceiling to 17,500 is warranted. The additional admissions shall be allocated among Afrikaners from South Africa, consistent with the directives in [Executive Order 14204](https://www.federalregister.gov/executive-order/14204). Refugee admissions under this determination, which may reach but not exceed the numerical limit described herein, are in all respects subject to the requirements of other Presidential policies and actions, whether issued prior or subsequent to this determination. Those Presidential policies and actions include, but are not limited to: [Executive … 09-title44-chap15.htm).** Learn more [here](https://www.federalregister.gov/reader-aids/using-federalregister-gov/understanding-public-inspection).Public Inspection Published Document: 2026-10598 (91 FR 31645) This document has been published in the *Federal Register*. Use the PDF linked in the document sidebar for the official electronic format. Presidential Determination No. 2026-14 of May 21, 2026 # Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2026 # Memorandum for the Secretary of State\\[,] the Secretary of Homeland Security\\[, and] the Secretary of Health and … ve Order 14204](https://www.federalregister.gov/executive-order/14204), may, if otherwise qualified, be considered refugees for the purpose of admission to the United States within their countries of nationality or habitual residence. ( printed page 31646) The Secretary of State is authorized and directed to publish this determination in the *Federal Register*. [![](https://img.federalregister.gov/TRUMP/TRUMP_original_size.png)](https://img.federalregister.gov/TRUMP/TRUMP_original_size.png) THE WHITE HOUSE, Washington, May 21, 2026 \\[[FR Doc. 2026-10598](https://www.federalregister.gov/d/2026-","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5e67b6d9ae29d1674e8f","countryCode":"US","country":"United States","title":"USCIS Highlights Temporary Nonimmigrant Status as Negative Discretionary Factor in Adjustment of Status","policyEffect":"Under Policy Memorandum PM-602-0199, USCIS clarifies that holding a temporary nonimmigrant status (excluding dual-intent statuses such as H-1B or L-1) will be considered a negative discretionary factor during the review of Form I-485 Adjustment of Status applications, as temporary visitors are generally expected to depart after their stay.","operativeDate":"2026-05-21","year":2026,"affectedGroup":"Nonimmigrants (excluding dual-intent categories) and parolees applying for adjustment of status (Form I-485)","materialConditionsAndExceptions":"Does not apply to nonimmigrant categories with dual intent (such as H-1B or L-1) or immigrant categories where adjustment of status is the sole pathway or non-discretionary.","policyCategory":"Adjudication","policyTool":"Guidance","sourceName":"USCIS","sourceUrl":"https://uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf","preciseCitation":"USCIS Policy Memorandum PM-602-0199, May 21, 2026, pp. 4-5","evidencePassage":"Generally, when a nonimmigrant or parolee fails to depart as required and instead seeks adjustment of status, it contravenes these Congressional expectations, though USCIS acknowledges exceptions including nonimmigrant categories with dual intent and immigrant categories where only adjustment of status provides a pathway to permanent resident status.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-12870cccd3659458f762","countryCode":"US","country":"United States","title":"DHS codifies USCIS HR-1 immigration fees and related procedures","policyEffect":"DHS issued an interim final rule codifying HR-1 immigration fees and related procedures, including asylum and annual asylum fees, Form I-94 fee requirements, certain EAD validity periods, and USCIS fee retention rules.","operativeDate":"2026-05-29","year":2026,"affectedGroup":"New applicants","materialConditionsAndExceptions":"Validated condition or limit: DHS issued an interim final rule codifying HR-1 immigration fees and related procedures, including asylum and annual asylum fees, Form I-94 fee requirements, certain EAD validity periods, and USCIS fee retention rules.","policyCategory":"Humanitarian, work, visitor, other","policyTool":"Fees","sourceName":"Federal Register 91 FR 22952","sourceUrl":"https://www.federalregister.gov/documents/2026/04/29/2026-08333/uscis-immigration-fees-and-related-procedures-required-by-hr1-reconciliation-bill","preciseCitation":"Federal Register 91 FR 22952. DHS codifies USCIS HR-1 immigration fees and related procedures. Effective 2026-05-29.","evidencePassage":"2841-26; DHS Docket No. USCIS-2026-0133] RIN 1615-AD09 USCIS Immigration Fees and Related Procedures Required by H.R.1 Reconciliation Bill AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Interim final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: The U.S. Department of Homeland Security (DHS) issues this interim final rule (IFR) to codify certain immigration fees and other provisions required by the One Big Beautiful Bill Act (H.R.1). This IFR amends U.S. Citizenship and Immigration Services … (USCIS) regulations to codify: the asylum and annual asylum fees, including the consequences of non-payment of these fees; the new Form I-94 fee requirement; the validity period for certain types of employment authorization; and the retention of the Form I-589 filing fee for every application. DATES: This interim final rule is effective May 29, 2026. DHS invites public comment on all aspects of this interim final rule; written comments must be submitted on this interim final rule on or before June 29, 2026. ADDRESSES: You may submit comments on the entirety of this interim final rule package, … docket to be notified when comments are posted or a final rule is published. II. Executive Summary A. Purpose of the Regulatory Action On July 4, 2025, the President signed into law H.R.1--One Big Beautiful Bill Act, Public Law 119-21, 139 Stat. 72 (``H.R.1''). H.R.1 was a comprehensive legislative package that changed many laws and added new laws that touch many areas of the United States government. Among those changes, the law established several new provisions and fees to the Immigration and Nationality Act (INA). See H.R.1, Title X, Subtitle A, Part I, Sections 100001 through 1000018. This IFR codifies several of the H.R.1 immigration fee provisions and other limitations on aliens. Specifically, the IFR does the following: (1) codification in the Code of Federal Regulations (CFR) of the Form I-94 fee requirement set forth in 8 U.S.C. 1807 as it applies to USCIS; (2) codification of the Annual Asylum Fee (AAF) requirement in 8 U.S.C. 1808, including consequences for failure to pay the AAF and limitations related to employment authorization required by 8 U.S.C. 1810(b); (3) codification of the requirement that every asylum application include the fee required by 8 U.S.C. 1802 at filing regardless of whether the application is rejected, and is not refundable; and (4) codification of the H.R.1 limits on the validity of Temporary Protected Status (TPS) employment authorization required by 8 U.S.C. 1803(c) and 8 U.S.C. 1811(a). B. Legal Authority This rule is issued under section 208(d)(3) of the Immigration and Nationality Act (INA), 8 U.S.C. 1158(d); section 102 of the Homeland Security Act of 2002 (HSA), 6 U.S.C. 112; and sections 100002 through 100018 of H.R.1, codified at 8 U.S.C. 1802 through 1815. These statutes authorize DHS to administer the asylum process, and … USCIS, is applicable to the filing of Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document. New 8 CFR 103.7(d)(4). <bullet> Annual Asylum Fee required by 8 U.S.C. 1808: Codifies the requirement that an alien pay the AAF and establishes that, procedurally, failure to pay within 30 days of notice results in rejection of the pending asylum application and the denial of any associated application for employment authorization. New 8 CFR 106.2(c)(15)(ii) and 208.3(c)(6). <bullet> Retention of Asylum Application Fee required by 8 U.S.C. 1802: Codifies the fee requirement and provides that the asylum application filing fee is retained by USCIS if a Form I-589 is rejected. New 8 CFR 106.2(c)(14). <bullet> TPS Employment Authorization Validity required by 8 U.S.C. 1803(c) and 8 U.S.C. 1811(a): Limits work authorization and any associated employment authorization document under TPS to one year, or the remaining period of designation if shorter, with conforming changes to ensure consistency across DHS regulations. New 8 CFR 274a.12(a)(12) and 274.12(c)(19). D. Summary of Costs and Benefits DHS also analyzed the costs and benefits of this rule. Because the rule","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-a55a6c28996824589579","countryCode":"US","country":"United States","title":"DHS Directive to Deport Noncitizens Who Vote Unlawfully","policyEffect":"The Department of Homeland Security formally directed ICE to enforce strict deportation and removal penalties against noncitizens who vote illegally in American elections or make false claims to U.S. citizenship. The directive clarifies that a criminal conviction is not required to initiate removal proceedings, and the provisions apply immediately to both undocumented individuals and legally present noncitizens.","operativeDate":"2026-06-09","year":2026,"affectedGroup":"Noncitizens who unlawfully vote in American elections or falsely claim U.S. citizenship, including legally present noncitizens","materialConditionsAndExceptions":"Applies even to noncitizens legally present in the United States; a prior criminal conviction is not required to invoke removal provisions under the INA.","policyCategory":"Enforcement","policyTool":"Agency Guidance / Directive","sourceName":"DHS","sourceUrl":"https://dhs.gov/news/2026/06/09/dhs-directs-ice-deport-aliens-who-vote-american-elections","preciseCitation":"DHS Press Release, June 9, 2026","evidencePassage":"The United States Department of Homeland Security (DHS) released the following statement after DHS General Counsel James Percival directed U.S. Immigration and Customs Enforcement (ICE) to enforce stricter penalties, including deportation, for aliens who illegally vote in American elections. In a letter to ICE leadership, DHS points out that the Immigration and Nationality Act directs the removal of aliens who illegally vote or make a false claim to U.S. citizenship, which often go hand-in-hand. These provisions even allow for the removal of aliens legally in the U.S. if they illegally participate in our elections. A criminal conviction is not required to invoke these provisions.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-2c3dca6e29d5ad0e0e54","countryCode":"US","country":"United States","title":"USCIS Complies with Court Order Vacating Adjudication and Global Asylum Holds","policyEffect":"USCIS has complied with a federal court order vacating its 'Adjudication Hold' and 'Global Asylum Hold' policies. This action ends the indefinite processing holds on adjustments of status (Green Cards), Employment Authorization Documents, naturalization applications, and affirmative asylum applications.","operativeDate":"2026-06-11","year":2026,"affectedGroup":"Individuals with immigration applications previously subjected to processing holds under the vacated policy memoranda","materialConditionsAndExceptions":"Subject to possible further judicial review and updated instructions pending litigation developments.","policyCategory":"Adjudication","policyTool":"Guidance / Court Compliance Notice","sourceName":"uscis.gov","sourceUrl":"https://uscis.gov/newsroom/alerts/court-order-on-hold-policies","preciseCitation":"USCIS Alert, 'Court Order on Hold Policies', Release Date 06/12/2026","evidencePassage":"The Court entered its final judgment on June 11, 2026. In this case, the plaintiffs are non-governmental organizations and labor unions who represent millions of individuals who filed immigration applications. USCIS strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review. The Policy Memoranda and the Policy Alert were issued based on Presidential Proclamation 10949, Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats , June 4, 2025, and Presidential Proclamation (PP) 10998, Restricting and Limiting the Entry of Foreign Nationals To Protect the Security of the United States , December 16, 2025, and to address the lack of screening, vetting, and the threat to national security and public safety. With entry of final judgment this order is effective immediately, and pursuant to the court-ordered vacatur, applies agency-wide. Thus, the vacatur applies to PM 602-0192, PM 602-0194, and PA 2025-26, which should be treated as if they are not in effect.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-216807331af634782d6e","countryCode":"US","country":"United States","title":"Mandatory English-Language Proficiency Standard for CMV PERM Filings","policyEffect":"The Department of Labor enacted final guidance requiring every PERM labor certification application and job order involving a Commercial Motor Vehicle role to explicitly state an English language proficiency standard.","operativeDate":"2026-06-15","year":2026,"affectedGroup":"Employers filing PERM or temporary labor certification applications for positions involving commercial motor vehicle operation","materialConditionsAndExceptions":"Applies prospectively to job orders and labor certification applications; narrow exceptions exist under FMCSA rules for drivers operating in border commercial zones along the U.S.-Mexico border.","policyCategory":"adjudication","policyTool":"guidance","sourceName":"Department of Labor","sourceUrl":"https://dol.gov/sites/dolgov/files/ETA/oflc/pdfs/ELP-FAQs-Publication.pdf","preciseCitation":"DOL ETA OFLC FAQs, Question 3, Page 4","evidencePassage":"The ELP standard requirement for job orders and applications for temporary or permanent labor certification that require a foreign worker to operate a CMV will go into effect prospectively on Monday, June 15, 2026.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-854ab9126af06b546160","countryCode":"US","country":"United States","title":"Precedent Standard for Safe Third Country Paper-Based Pretermission Adjudications (Matter of A-C-M-)","policyEffect":"The Board of Immigration Appeals established a precedent rule holding that when an alien is subject to an Asylum Cooperative Agreement (ACA) safe-third-country bar and the record lacks evidence of individualized risk of harm in the ACA receiving country, an Immigration Judge is generally not required to hold an evidentiary hearing to resolve the safe third country bar and pretermit asylum. Phase scope: Nationwide across all EOIR Immigration Court proceedings","operativeDate":"2026-06-17","year":2026,"affectedGroup":"Asylum seekers subject to safe third country / asylum cooperative agreements","materialConditionsAndExceptions":"Validated condition or limit: The Board of Immigration Appeals established a precedent rule holding that when an alien is subject to an Asylum Cooperative Agreement (ACA) safe-third-country bar and the record lacks evidence of individualized risk of harm in the ACA receiving country, an Immigration Judge is generally not required to hold an evidentiary hearing to resolve the safe third country bar and pretermit asylum.","policyCategory":"Asylum & refugee status / removal adjudications","policyTool":"Legal interpretation / binding precedent","sourceName":"Executive Office for Immigration Review / Board of Immigration Appeals","sourceUrl":"https://justice.gov/eoir/media/1446476/dl?inline=","preciseCitation":"Matter of A-C-M-, 29 I&N Dec. 703 (BIA 2026)","evidencePassage":"When an alien is subject to an asylum cooperative agreement (“ACA”) and the record is devoid of evidence showing the alien faces an individualized risk of harm in the ACA country of removal, it is generally unnecessary to hold an evidentiary hearing to resolve the applicability of the safe third country bar to asylum.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-c31692f29dfc7d5df524","countryCode":"US","country":"United States","title":"USCIS Guidance on H-2A Petitions for Dairying","policyEffect":"USCIS issued a policy memorandum clarifying that dairy operations are eligible to use the H-2A program when they can demonstrate a qualifying temporary or seasonal labor need on a case-by-case basis.","operativeDate":"2026-06-17","year":2026,"affectedGroup":"Dairy employers and prospective H-2A agricultural dairy workers","materialConditionsAndExceptions":"Does not create an automatic exemption or special procedure; adjudicators evaluate temporary or seasonal need on a case-by-case basis. Back-to-back consecutive petitions for identical duties without extraordinary circumstances or meaningful breaks may be denied as an ongoing permanent need.","policyCategory":"Adjudication","policyTool":"Guidance","sourceName":"uscis.gov","sourceUrl":"https://uscis.gov/sites/default/files/document/policy-alerts/PM-602-0200-H2APetitionsForDairying-20260617.pdf","preciseCitation":"USCIS Policy Memorandum PM-602-0200, June 17, 2026, Page 1","evidencePassage":"This PM instead ensures that the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) adjudicates all H-2A dairying petitions on a case-by-case basis, taking into consideration the totality of the facts presented, and in the same manner as all other H-2A petitions. USCIS issues this PM to address temporary admission of aliens into the United States as H-2A dairying workers to fill temporary or seasonal positions for which domestic labor is unavailable because dairying and labor on a dairy farm are job occupations within the agricultural field which may be seasonal or temporary. Effective Date This PM applies to all USCIS employees. This new guidance will take effect June 17, 2026.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-a327b412142f94d3f6d8","countryCode":"US","country":"United States","title":"Standard for Pretermission of Asylum Applications and Potential Collateral Relief (Matter of T-A-G-)","policyEffect":"Establishes binding precedent that an Immigration Judge errs in denying a DHS motion to pretermit an asylum application based on the respondent's potential eligibility for collateral relief pending outside EOIR jurisdiction. Phase scope: Nationwide across all immigration court removal proceedings","operativeDate":"2026-06-23","year":2026,"affectedGroup":"Noncitizens in removal proceedings with defensive asylum claims and pending collateral visa petitions","materialConditionsAndExceptions":"Validated condition or limit: Establishes binding precedent that an Immigration Judge errs in denying a DHS motion to pretermit an asylum application based on the respondent's potential eligibility for collateral relief pending outside EOIR jurisdiction.","policyCategory":"Humanitarian / legal status / removal procedures","policyTool":"Binding administrative precedent / adjudication criteria","sourceName":"justice.gov","sourceUrl":"https://justice.gov/eoir/media/1449081/dl?inline=","preciseCitation":"Matter of T-A-G-, et al., 29 I&N Dec. 715 (BIA 2026)","evidencePassage":"The Immigration Judge erred in denying the Department of Homeland Security’s motion to pretermit the respondents’ asylum applications based on their potential eligibility for collateral relief.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp-5c8933aeb03d8109b431","countryCode":"US","country":"United States","title":"Expiration of Deferred Enforced Departure (DED) for Liberians","policyEffect":"The temporary deferral of removal and employment authorization for Liberian DED beneficiaries expired, requiring employers to discontinue accepting Liberian DED-based EADs.","operativeDate":"2026-06-30","year":2026,"affectedGroup":"Liberian nationals and individuals without nationality who last habitually resided in Liberia covered under DED","materialConditionsAndExceptions":"DED excludes individuals ineligible for TPS under INA 244(c)(2)(B), those denied LRIF under certain NDAA sections, those whose removal is in the national interest, foreign policy risks, those voluntarily returning to Liberia for 180 days or more, or individuals subject to extradition.","policyCategory":"humanitarian","policyTool":"executive_order","sourceName":"USCIS","sourceUrl":"https://uscis.gov/humanitarian/deferred-enforced-departure/ded-covered-country-liberia","preciseCitation":"ALERT: Deferred Enforced Departure (DED) for Liberia expired on June 30, 2026.","evidencePassage":"ALERT : Deferred Enforced Departure (DED) for Liberia expired on June 30, 2026.","reviewMethod":"Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"operative-us-haiti-tps-termination-20260727","countryCode":"US","country":"United States","title":"Haiti TPS termination takes effect after litigation","policyEffect":"The Haiti Temporary Protected Status designation terminated effective July 27, 2026. Category A12 or C19 employment authorization documents issued to TPS Haiti beneficiaries were no longer valid.","operativeDate":"2026-07-27","year":2026,"affectedGroup":"Beneficiaries of haiti tps and their category a12 or c19 employment authorization documents","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"USCIS E-Verify","sourceUrl":"https://content.govdelivery.com/accounts/USDHSCISEVERIFY/bulletins/4228b4d","preciseCitation":"Update on Termination of Temporary Protected Status for Haiti (July 29, 2026)","evidencePassage":"hat Haiti no longer met the conditions for its designation for Temporary Protected Status (TPS). See Termination of the Designation of Haiti for Temporary Protected Status, 90 Fed. Reg 54733 (Nov. 28, 2025). On June 25, 2026, the U.S. Supreme Court issued a favorable decision concerning TPS terminations. Mullin v. Doe , 609 U.S. ____ (2026). The Haiti TPS designation is terminated, effective July 27, 2026. Forms I-766, Employment Authorization Document, (EADs) with category A12 or C19 issued to TPS Haiti beneficiaries are no longer valid. Employers completing Form I-9 must reverify TPS Haiti b","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"operative-us-syria-tps-termination-20260727","countryCode":"US","country":"United States","title":"Syria TPS termination takes effect","policyEffect":"The Syria Temporary Protected Status designation terminated effective 2026-07-27. Category A12 or C19 employment authorization documents issued to TPS Syria beneficiaries were no longer valid.","operativeDate":"2026-07-27","year":2026,"affectedGroup":"Syria tps beneficiaries","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"USCIS E-Verify","sourceUrl":"https://content.govdelivery.com/accounts/USDHSCISEVERIFY/bulletins/4228b5a","preciseCitation":"Update on Termination of Temporary Protected Status for Syria (Release: July 29, 2026) Update on Termination of Temporary Protected Status for Syria (Release: July 29, 2026)","evidencePassage":"at Syria no longer meets the conditions for its designation for Temporary Protected Status (TPS). See Termination of the Designation of Syria for Temporary Protected Status, 90 Fed. Reg 45398 (September 22, 2025). On June 25, 2026, the U.S. Supreme Court issued a favorable decision concerning TPS terminations. Mullin v. Doe , 609 U.S. ____ (2026). The Syria TPS designation is terminated, effective July 27, 2026. Forms I-766, Employment Authorization Document, (EADs) with category A12 or C19 issued to TPS Syria beneficiaries are no longer valid. Employers completing Form I-9 must reverify TPS S","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp3-8e5993411f167e4c9b71","countryCode":"US","country":"United States","title":"Executive Order 14419: Ending Birth Tourism and Directing Agency Enforcement","policyEffect":"Restricts nonimmigrant entry and enhances consular/border enforcement to prevent foreign nationals from traveling to the United States on temporary nonimmigrant visas for the primary purpose of giving birth on American soil. Authorizes DOS and DHS to deny visas/travel authorizations, revoke visas, bar admission, and initiate enforcement actions against facilitators and commercial operators.","operativeDate":"2026-08-06","year":2026,"affectedGroup":"Nonimmigrants / b-1/b-2 visitors / visa applicants","materialConditionsAndExceptions":"","policyCategory":"Border enforcement","policyTool":"Standards","sourceName":"whitehouse.gov","sourceUrl":"https://www.whitehouse.gov/presidential-actions/2026/08/ending-birth-tourism","preciseCitation":"Executive Order 14419 of August 6, 2026, Ending Birth Tourism, 91 FR 51993 (August 11, 2026).","evidencePassage":"8 U.S.C. 1185(a), is hereby delegated to the Secretary of State and the Secretary of Homeland Security to the extent necessary to implement this order, including the authority to issue or adopt rules, policies, operational guidance, or other guidance to carry out this order. Sec. 3. Definition. For purposes of this order, “birth tourism” is defined as: (a) the entry of any foreign national into the United States via a nonimmigrant visa for the purpose of giving birth on American soil; or (b) any effort by any foreign national to facilitate the entry of any foreign national into the United States via a nonimmigrant visa for the purpose of giving birth on American soil. Sec. 4. Scope and Implementation. (a) The Secretary of State and the Secretary of Homeland Security shall take such actions and update any rules, policies, operational guidance, or other guidance as necessary to effectuate the policy set forth in this order. Such actions may include, within the Secretaries’ respective discretion and authority, appropriate action to prevent the entry into the United States of, or the granting of any visa or other travel authorization to, any alien entering or attempting to enter the United States for the purpose of engaging in birth tourism; revoking the visa or travel authorization and permanently barring entry of any alien who enters or attempts to enter the United States for the purpose of engaging in birth tourism; denial of entry to, or removal of, any alien who previously engaged or plans to engage in birth tourism; or other appropriate action against entities, organizations, or individuals, within or outside of the United States, responsible for facilitating or enabling birth tourism in any manner. (b) All other relevant executive departments and agencies shall provide","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"operative-us-burma-tps-termination-20260807","countryCode":"US","country":"United States","title":"Burma TPS termination takes effect after postponement","policyEffect":"The Burma Temporary Protected Status designation terminated effective 2026-08-07. Category A12 or C19 employment authorization documents issued to TPS Burma beneficiaries were no longer valid.","operativeDate":"2026-08-07","year":2026,"affectedGroup":"Burma tps beneficiaries","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"USCIS E-Verify","sourceUrl":"https://content.govdelivery.com/accounts/USDHSCISEVERIFY/bulletins/4240828","preciseCitation":"Update on Termination of Temporary Protected Status for Burma (Release: Aug. 7, 2026) Update on Termination of Temporary Protected Status for Burma (Release: Aug. 7, 2026)","evidencePassage":"urma (Myanmar) no longer met the conditions for its designation for Temporary Protected Status (TPS). See Termination of the Designation of Burma (Myanmar) for Temporary Protected Status , 90 Fed. Reg 53378 (Nov. 25, 2025). On June 25, 2026, the U.S. Supreme Court issued a favorable decision in a similar case concerning TPS terminations. Mullin v. Doe , 609 U.S. ____ (2026). The Burma TPS designation is terminated, effective Aug. 7, 2026. What this means for Forms I-766, Employment Authorization Documents (EADs): Forms I-766, Employment Authorization Document, (EADs) with category A12 or C19 i … ssued to TPS Burma beneficiaries are no longer valid. Employers must reverify TPS Burma beneficiaries who presented these EADs and cannot continue employing a person who does not provide proof of current employment authorization. Find more details about this termination on the TPS Burma webpage and instructions for completing Form I-9 on the I-9 Central TPS webpage. Share this bulletin Don’t forget to text “EVERIFY UPDATES” to 872466 to get the latest E‑Verify news. Do not reply to this email. Apply to use the E-Verify logo. Complete and submit the License Application for the Use of the E-Veri","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"operative-us-south-sudan-tps-termination-20260807","countryCode":"US","country":"United States","title":"South Sudan TPS termination takes effect after postponement","policyEffect":"The South Sudan Temporary Protected Status designation terminated effective 2026-08-07. Category A12 or C19 employment authorization documents issued to TPS South Sudan beneficiaries were no longer valid.","operativeDate":"2026-08-07","year":2026,"affectedGroup":"South sudan tps beneficiaries","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"USCIS E-Verify","sourceUrl":"https://content.govdelivery.com/accounts/USDHSCISEVERIFY/bulletins/424082c","preciseCitation":"Termination of Temporary Protected Status for South Sudan (Release: Aug. 07, 2026) Termination of Temporary Protected Status for South Sudan (Release: Aug. 07, 2026)","evidencePassage":"hat South Sudan no longer met the conditions for its designation for Temporary Protected Status (TPS). See Termination of the Designation of South Sudan for Temporary Protected Status, 90 Fed. Reg 50484 (Nov. 6, 2025). On June 25, 2026, the U.S. Supreme Court issued a favorable decision in a similar case concerning TPS terminations. Mullin v. Doe, 609 U.S. ____ (2026). The South Sudan TPS designation is terminated, effective Aug. 7, 2026. What this means for Forms I-766, Employment Authorization Documents, (EADs): Forms I-766, Employment Authorization Document, (EADs) with category A12 or C19 … issued to TPS South Sudan beneficiaries are no longer valid. Employers must reverify TPS South Sudan beneficiaries who presented these EADs and cannot continue employing a person who does not provide proof of current employment authorization. Find more details about this termination on the archived TPS South Sudan webpage and instructions for completing Form I-9 on the I-9 Central TPS webpage. Share this bulletin Don’t forget to text “EVERIFY UPDATES” to 872466 to get the latest E‑Verify news. Do not reply to this email. Apply to use the E-Verify logo. Complete and submit the License Applicati","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-ff47e56367718d59bc48","countryCode":"US","country":"United States","title":"Precedent Rule Treating Advance Parole Travel as Statutory Departure Triggering Unlawful Presence Inadmissibility (Matter of Delcarmen-Lara)","policyEffect":"The Board of Immigration Appeals overruled Matter of Arrabally and Yerrabelly, holding that departing the United States pursuant to an Advance Parole Document constitutes a statutory departure for purposes of the 3- and 10-year unlawful presence inadmissibility bars under INA § 212(a)(9)(B)(i). Phase scope: Applies nationwide to all departures under advance parole occurring on or after August 13, 2026","operativeDate":"2026-08-13","year":2026,"affectedGroup":"Noncitizens with accrued unlawful presence departing on advance parole","materialConditionsAndExceptions":"Validated condition or limit: Phase scope: Applies nationwide to all departures under advance parole occurring on or after August 13, 2026","policyCategory":"Inadmissibility / legal status / travel authorization","policyTool":"Legal interpretation / binding precedent","sourceName":"USCIS / Executive Office for Immigration Review","sourceUrl":"https://uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility","preciseCitation":"Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026); USCIS Web Alert (Aug. 14, 2026)","evidencePassage":".S. Immigration Law in the Commonwealth of the Northern Mariana Islands (CNMI) Terrorism-Related Inadmissibility Grounds (TRIG) Breadcrumb Home Laws and Policy Other Resources Unlawful Presence and Inadmissibility Unlawful Presence and Inadmissibility Alert Type info ALERT: On Aug. 13, 2026, the Board of Immigration Appeals (BIA) issued a precedent decision, Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), that overruled Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012). This decision has an immediate impact for certain aliens with valid Advance Parole Documents (Form I-512L) … who are considering departing from the United States. As of Aug. 13, 2026, departing the United States after obtaining an Advance Parole Document is a departure for purposes of inadmissibility under section 212(a)(9)(B)(i) of the Immigration and Nationality Act (INA). Under section 212(a)(9)(B)(i) of the INA, aliens who accrue more than 180 days of unlawful presence in the United States, depart the United States, and then again seek admission within the relevant 3- or 10-year statutory period, are inadmissible. Aliens considering a departure with an Advance Parole Document should be aware that they may be inadmissible under section 212(a)(9)(B)(i) of the INA upon their return to the United States if they have accrued more than 180 days of unlawful presence. Unlawful presence is any period of time when you are present in the United States without being admitted or paroled, or when you are present in the United States after your “period of stay authorized by the Secretary” expires. Unless an exception applies, you will be found inadmissible based on your accrual of unlawful presence if you: Seek admission again within 3 years of leaving the United States before removal proceedings begin","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp5-9ebea6fe49635bd679ad","countryCode":"US","country":"United States","title":"Precedent Rule Governing Denial of Continuances for Legal Counsel in Removal Proceedings (Matter of A-K-R-)","policyEffect":"The Board of Immigration Appeals modified Matter of C-B-, establishing that the only statutory or regulatory time requirement necessary to safeguard an alien's privilege of legal counsel is that the first hearing may not be scheduled earlier than 10 days after service of the NTA, and affirming the denial of further continuances to seek counsel where good cause is not shown. Phase scope: Nationwide across all EOIR Immigration Court proceedings","operativeDate":"2026-08-14","year":2026,"affectedGroup":"Respondents in removal proceedings seeking continuances to secure counsel","materialConditionsAndExceptions":"Validated condition or limit: The Board of Immigration Appeals modified Matter of C-B-, establishing that the only statutory or regulatory time requirement necessary to safeguard an alien's privilege of legal counsel is that the first hearing may not be scheduled earlier than 10 days after service of the NTA, and affirming the denial of further continuances to seek counsel where good cause is not shown.","policyCategory":"Removal adjudications / procedural due process","policyTool":"Legal interpretation / binding precedent","sourceName":"Executive Office for Immigration Review / Board of Immigration Appeals","sourceUrl":"https://justice.gov/eoir/media/1458041/dl?inline=","preciseCitation":"Matter of A-K-R-, 29 I&N Dec. 839 (BIA 2026)","evidencePassage":"Cite as 29 I&N Dec. 839 (BIA 2026) Interim Decision #4234 Matter of A-K-R-, Respondent Decided August 14, 2026 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) The Immigration Judge properly denied the respondent’s request for a further continuance to seek legal counsel based on a lack of good cause, consistent with the governing statutes and regulations. (2) The only statutory or regulatory time requirement that is necessary to safeguard an alien’s privilege of legal counsel is that the first hearing may not be scheduled earlier than 10 days … after service of the notice to appear as set forth in section 239(b)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1229(b)(1). Matter of C-B-, 25 I&N Dec. 888 (BIA 2012), modified. FOR THE RESPONDENT: Pro se FOR THE DEPARTMENT OF HOMELAND SECURITY: Jae Il Lee, Counsel BEFORE: Board Panel: MALPHRUS, Chief Appellate Immigration Judge; HUNSUCKER and CHABAN, Appellate Immigration Judges. MALPHRUS, Chief Appellate Immigration Judge: The respondent, a native and citizen of India, appeals the March 18, 2026, decision of the Immigration Judge denying his request for a continuance, deeming his … the text of the statute and is dicta. 1 We withdraw from this statement 0F0F in Matter of C-B- as setting forth a statutory or regulatory mandate. See INA § 239(a)(1)(E), (b)(1), (b)(3), 8 U.S.C. § 1229(a)(1)(E), (b)(1), (b)(3). Thus, the only statutory or regulatory time requirement that is necessary to safeguard an alien’s privilege of legal counsel is that the first hearing may not be scheduled earlier than 10 days after service of the notice to appear. INA § 239(b)(1), 8 U.S.C. § 1229(b)(1). The respondent’s first hearing occurred 26 days after the service of his notice to appear, and the","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"operative-us-ethiopia-tps-termination-20260818","countryCode":"US","country":"United States","title":"Ethiopia TPS termination takes effect after postponement","policyEffect":"The Ethiopia Temporary Protected Status designation terminated effective 2026-08-18. Category A12 or C19 employment authorization documents issued to TPS Ethiopia beneficiaries were no longer valid.","operativeDate":"2026-08-18","year":2026,"affectedGroup":"Ethiopia tps beneficiaries","materialConditionsAndExceptions":"","policyCategory":"Migration policy","policyTool":"","sourceName":"USCIS E-Verify","sourceUrl":"https://content.govdelivery.com/accounts/USDHSCISEVERIFY/bulletins/425914a","preciseCitation":"Termination of Temporary Protected Status for Ethiopia (Release: Aug. 18, 2026) Termination of Temporary Protected Status for Ethiopia (Release: Aug. 18, 2026)","evidencePassage":"no longer met the conditions for its designation for Temporary Protected Status (TPS). See Termination of the Designation of Ethiopia for Temporary Protected Status, 90 Fed. Reg 58028 (Dec. 15, 2025) . On June 25, 2026, the U.S. Supreme Court issued a favorable decision in a similar case concerning TPS terminations. Mullin v. Doe , 609 U.S. ____ (2026). The Ethiopia TPS designation is terminated, effective August 18, 2026 . What this means for Forms I-766, Employment Authorization Documents (EADs): Forms I-766, Employment Authorization Document, (EADs) with category A12 or C19 issued to TPS E … thiopia beneficiaries are no longer valid. Employers must reverify TPS Ethiopia beneficiaries who presented these EADs and cannot continue employing a person who does not provide proof of current employment authorization. Find more details about this termination on the archived TPS Ethiopia webpage and instructions for completing Form I-9 on the I-9 Central TPS webpage. Share this bulletin Don’t forget to text “EVERIFY UPDATES” to 872466 to get the latest E‑Verify news. Do not reply to this email. Apply to use the E-Verify logo. Complete and submit the License Application for the Use of the E-","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"fcp6-e5f2fa90b923de86ee6e","countryCode":"US","country":"United States","title":"BIA Precedent on Regulatory Definition of Attorney and Reinstatement Bar (Matter of Sarah J. M. Jones)","policyEffect":"The Board of Immigration Appeals established binding nationwide precedent ruling that an individual who is eligible to practice law and in good standing in one jurisdiction fails to meet the regulatory definition of 'attorney' under 8 C.F.R. § 1001.1(f) if barred or otherwise restricted from practicing law in another jurisdiction. The Board further held that reinstatement is unwarranted where the practitioner engaged in unauthorized practice before Immigration Courts during a period of indefinite suspension. Phase scope: Nationwide binding precedent governing all EOIR and DHS proceedings","operativeDate":"2026-08-24","year":2026,"affectedGroup":"Legal practitioners and representatives appearing before eoir and dhs","materialConditionsAndExceptions":"Validated condition or limit: The Board of Immigration Appeals established binding nationwide precedent ruling that an individual who is eligible to practice law and in good standing in one jurisdiction fails to meet the regulatory definition of 'attorney' under 8 C.F.R.; The Board further held that reinstatement is unwarranted where the practitioner engaged in unauthorized practice before Immigration Courts during a period of indefinite suspension.","policyCategory":"Legal status / removal adjudications / administrative procedures","policyTool":"Legal interpretation","sourceName":"U.S. Department of Justice, Executive Office for Immigration Review, Board of Immigration Appeals","sourceUrl":"https://justice.gov/eoir/media/1458896/dl?inline=","preciseCitation":"Matter of Sarah J. M. JONES, 29 I&N Dec. 850 (BIA 2026), Interim Decision #4236","evidencePassage":"(1) An individual who is eligible to practice law and is a member in good standing in one jurisdiction does not meet the regulatory definition of “attorney” if he or she is barred from or otherwise restricted in practicing law in another jurisdiction. (2) Reinstatement is unwarranted because, during the respondent’s indefinite suspension, she registered for and obtained an Executive Office for Immigration Review identification number and practiced before the Immigration Courts in several cases.","reviewMethod":"Two separate automated exact-claim source reviews","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}
{"stableRecordId":"component-us-911-biometric-fee-rule-20260909","countryCode":"US","country":"United States","title":"DHS expands the 9-11 biometric fee to covered H-1B and L-1 extension petitions","policyEffect":"DHS requires employers with at least 50 U.S. employees, more than half of whom hold H-1B, L-1A, or L-1B status in the aggregate, to pay the 9-11 biometric fee on H-1B and L-1 extension-of-status petitions regardless of whether the fraud fee applies. The fee is $4,000 for H-1B petitions and $4,500 for L-1 petitions. Amended petitions that do not request an extension of the beneficiary's current status are exempt, and the fee applies to petitions filed on or before September 30, 2027.","operativeDate":"2026-09-09","year":2026,"affectedGroup":"All petitioners filing an h-1b or l-1 petition who employ 50 or more employees in the united states, if more than 50 percent of the petitioner's employees in the aggregate are in h-1b, l-1a, or l-1b nonimmigrant status","materialConditionsAndExceptions":"Validated condition or limit: DHS requires employers with at least 50 U.S.; employees, more than half of whom hold H-1B, L-1A, or L-1B status in the aggregate, to pay the 9-11 biometric fee on H-1B and L-1 extension-of-status petitions regardless of whether the fraud fee applies.; The fee is $4,000 for H-1B petitions and $4,500 for L-1 petitions.; Amended petitions that do not request an extension of the beneficiary's current status are exempt, and the fee applies to petitions filed on or before September 30, 2027.","policyCategory":"Fees","policyTool":"Fees","sourceName":"Federal Register","sourceUrl":"https://www.federalregister.gov/documents/full_text/text/2026/08/10/2026-16231.txt","preciseCitation":"91 FR 51360; 8 CFR 106.2(c)(8)-(9); effective September 9, 2026.","evidencePassage":"The regulatory changes correct DHS's interpretation of statutory language to require that covered employers submit the 9-11 Biometric Fee for all extension of status petitions, regardless of whether the related fraud prevention and detection fee applies, which includes extension of status petitions that do not involve a change of employer. … DATES: This rule is effective on September 9, 2026. … For all petitioners filing an H-1B petition who employ 50 or more employees in the United States, if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A, or L-1B nonimmigrant status … (8) 9-11 Response and Biometric Entry-Exit Fee for H-1B Visa. For all petitioners filing an H-1B petition who employ 50 or more employees in the United States, if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A, or L-1B nonimmigrant status: $4,000. Petitioners filing an amended petition that do not seek an extension of the alien's currently authorized H-1B status are exempt from this fee. This fee will apply to petitions filed on or before September 30, 2027. … (9) 9-11 Response and Biometric Entry-Exit Fee for L-1 Visa. For all petitioners filing an L-1 petition who employ 50 or more employees in the United States, if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A, or L-1B nonimmigrant status: $4,500. Petitioners filing an amended petition that do not seek an extension of the alien's currently authorized L-1 status are exempt from this fee. This fee will apply to petitions filed on or before September 30, 2027.","reviewMethod":"Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification","legalReviewStatus":"Automated source validation is not independent human legal review. The finding should not be treated as legal advice."}