ARTICLE
2 September 2022

September 2022 Global Immigration Alert

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Seyfarth Shaw LLP

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With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
Canada's new measures for foreign nationals with expired or expiring post-graduation work permits.
Worldwide Immigration
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Please note: while we address some country-specific updates related to the COVID-19 outbreak, the below contains information regarding global restrictions and closures as they stand today. Given the constantly changing nature of this situation, we highly recommend reviewing any global mobility inquiries on a case-by-case basis, including any consulate-specific or immigration authority resources, in "real-time" before traveling internationally. Please reach out to our Global Mobility Team in advance of any international travel.

Canada's new measures for foreign nationals with expired or expiring post-graduation work permits (PGWP)

On August 2, 2022, the Government of Canada recognized the tremendous social, cultural, and economic benefits that international students bring to Canada and implemented new measures for former international students with expired or expiring post-graduation work permits to remain in Canada and continue working. These measures are as follows:

  • Foreign nationals whose post-graduation work permit expired or will expire during the time period of September 20, 2021 to December 31, 2022 will have the opportunity to work in Canada for an additional 18 months by either extending their work permit or applying for a new one. Those currently in Canada will also have the ability to work in the interim period while their permit is being extended or a new one is being issued.
  • Individuals with post-graduation work permits that have expired or will expire during the time period of September 20, 2021 to December 31, 2022 will receive an email indicating that they are allowed to work in the interim. Recipients can attach this email to their post-graduation work permit to show an employer they are authorized to work temporarily in Canada. This one-time measure is intended to ensure that those eligible for the additional 18-month work period will have the ability to continue working or return to the workforce while they apply for a new work permit. This interim work period will be in effect until May 31, 2023.

China - M Visa Validity

The pandemic continues to impact the processing of Chinese business visitor visa applications in the so-called M visa category. We are seeing that Chinese Consulates may issue M visas only as a "single entry," with a validity of 30, 60, or 90 days. In the past, US nationals (for example) were able to obtain "multiple entry" M visas with ten years' validity allowing a stay of 90 days per entry.

South Korea - Electronic Travel Authorization System

As announced at the close of last year, South Korea implemented an Electronic Travel Authorization system, called "K-ETA." With the increase in international business travel, we want to remind our readers of this new system.

Travelers eligible for visa-free entry (visa-waiver nationals) are required to obtain a K-ETA prior to travel to South Korea. K-ETA applications must be submitted at least 24 hours in advance of travel, and may be valid for up to two years upon approval. Only travelers with approved K-ETAs are permitted to board flights headed for South Korea. It is important to note that the K-ETA requirement does not alter any COVID restrictions or visa-free entry suspensions, and travelers are still required to comply with all such requirements, including COVID testing. For specifics, please see the link here. Information about the K-ETA application can be found here.

The Netherlands - Approval Letter Sufficient for KM and ICT Holders

Recently the IND announced that it is currently sufficient for KM and ICT employees of recognized sponsors to rely on the IND approval letter to be able to start working on or after the employment contract or assignment start date. There is currently no need to make an IND appointment for an endorsement sticker, as the authorities face major delays in scheduling such appointments.

Taiwan - Entry Requirements

Foreign nationals are currently permitted to enter Taiwan for business purposes. They must obtain a special entry permit (visa) from an R.O.C. Taiwan overseas mission before traveling. Please see further information here.

We recommend a review of entry procedures prior to scheduling travel- - especially for those travelers who used to be "visa exempt" in the past- - so that the traveler may have sufficient lead time to process the special entry permit application.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
2 September 2022

September 2022 Global Immigration Alert

Worldwide Immigration

Contributor

With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
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