Frontiers - immigration update

Extension of period expired immigration documents can be used for travel 

What?

The UK has now transitioned to a digital system of eVisas, as discussed in the 19 December 2024 edition of Frontiers. There has been some discussion as to what the consequences will be for individuals who have failed to upgrade to an eVisa. The Home Office previously advised that people with valid immigration status could continue to use their expired Biometric Residence Permits or EU Settlement Scheme Biometric Residence Cards as evidence of permission to travel until 31 March 2025. The Home Office has now extended the 'grace period' of using these old documents until 1 June 2025, provided the individual's underlying immigration status remains valid. 

When?

The extension will apply until at least 1 June 2025. 

So what?

This gives those who have not yet switched to an eVisa some further time to do so whilst still being able to travel. Contact Vikki Wiberg and Charlie Pring for help.

Electronic Travel Authorisation scheme applications open 

What?

As of 2 April 2025, EU and EEA nationals will need advance travel permission before they can travel to the UK, if they do not already have UK immigration authorisation. Applications for this travel permission opened on 5 March 2025. 

Applications are made online or via the 'UK ETA app', with it being expected that decisions will be made within three working days unless further checks are required. 

Each applicant, including children, will need an individual ETA. The fee for ETAs is £10, with an increase to £16 expected shortly. They are valid for two years and allow multiple journeys to the UK. 

When?

Applications have been open since 5 March 2025. They must be made for any arrivals on and from 2 April 2025. 

So what?

Bear this is mind if you have employees visiting the UK on business who do not already have UK immigration permission. Applications should be made promptly to avoid any issues with receiving authorisation in time for travel. 

Automation of EU Settlement Scheme Status 

What?

The Home Office announced that from the end of January 2025 it would begin automatically transitioning European national holders of Pre-settled status (usually granted if applicants have been a UK resident for less than five years) to Settled status. Settled status gives individuals the right to live in the UK permanently, which is usually granted if an applicant has been resident for more than five years in the UK. Eligible individuals will not need to apply for Settled status. 

When?

The automatic transition has been occurring since the end of January 2025. 

So what?

This should provide for a more seamless transition to settled status, allowing eligible individuals to continue to live and work in the UK with fewer administrative steps. 

You can read more about these changes here. 

Increased fees and minimum salary levels 

What?

The Immigration and Naturalisation Service (IND) has raised its fees and the requisite salary levels for highly skilled migrants and EU Blue Card holders. 

The salary of highly skilled migrants and EU Blue Card holders applying for residence permits should at least meet the relevant figures set out below. 

The salary requirements for highly skilled migrants and European Blue Card holders are: 

• EUR5,688 gross per month (excluding holiday pay) for highly skilled migrants aged 30 and over

• EUR4,171 gross per month (excluding holiday pay) for highly skilled migrants aged under 30

• EUR5,688 gross per month (excluding holiday pay) for European Blue Card holders. 

The IND's fees for residence permit applications and recognition as a sponsor have also increased to the following: 

• EUR405 for a first application and an extension application for a highly skilled migrant permit or European Blue Card

• EUR4,866 for a sponsor recognition application. 

When?

These changes have been in force since 1 January 2025. 

So what?

Employers who currently employ foreign workers or those planning to do so in the future will need to consider the increased salary thresholds to ensure they offer salaries high enough for their employees to obtain residence permits.

Increased fines for illegal employment 

What?

The Dutch Labour Inspectorate can now impose higher fines on employers who illegally employ migrant workers. Companies that employ workers from outside the EU without a permit risk a fine of up to EUR11,250 per worker. The maximum fine was previously EUR8,000. 

Higher fines will be imposed where illegal labour is accompanied by passport confiscation, poor housing or other serious circumstances. The maximum fine will apply when these serious offences are committed intentionally. 

When?

The increase took effect from 1 February 2025. 

So what?

Companies employing migrant workers need to ensure they conduct proper checks to ensure their staff can legally work in the Netherlands.  

Golden Visa Program updates 

What?

The Golden Visa Program offers Portuguese residency after an investor makes a significant investment in the Portuguese economy. After five years, investors may be eligible for Portuguese citizenship if they keep their Golden Visa and meet other requirements. 

The updates include: 

• applicants must now upload documents online through the ARI portal
• applicants with pending applications that have been inactive for more than six months risk having their application marked as abandoned meaning they would need to apply again
• automatic scheduling of biometric appointments from 15 January 2025, where the necessary legal documents are provided and the applicant's biometric data is collected. 

When?

These changes came into force at the start of 2025. 

So what?

The new online procedure will hopefully reduce the processing times for visas. 

End of the Golden Visa 

What? 

The Spanish Golden Visa is an investment-based visa which gives non-EU individuals the opportunity to obtain Spanish residence. Investors gain access to Spain and the wider Schengen Area in return for investing in the Spanish economy. This visa route comes to an end on 2 April 2025. 

When?

The last day that a Golden Visa can be applied for is 2 April 2025. 

So what? 

Non-EU citizens who opted to invest in Spain to apply for the Golden Visa will see this door close. They will have to consider alternatives that are still in force to become residents in Spain. 

One option is non-profit residence which allows individuals with sufficient economic means to become resident in Spain without working in Spain. This type of visa is also undergoing some changes. As of 20 May 2025, to renew a non-profit residence permit, it will be necessary to show the maintenance of private medical insurance and to spend more than 183 days a year in Spain, which may have tax consequences. 

The Golden Visa did not require any minimum presence in Spain, and neither did non-profit residency until these changes were announced. It is likely that the ending of the Golden Visa may have tax consequences for those wishing to continue to reside in Spain under alternative visas. 

For more details, please contact Ignacio Peyró at ECIJA.  

2025 promises to be a time of significant change in the employment landscape for foreign workers in Poland, driven by new legislative proposals aimed at reducing bureaucracy and enhancing protections for foreign nationals.

Polish lower house backs new rules for hiring foreign workers

What? 

In January 2025, the Sejm passed a Bill aiming to reduce instances of abuse, streamline recruitment procedures for foreign nationals, reduce case backlogs and fully digitise immigration processing. 

The key provisions of the Bill are: 

• reduction in the number of procedures – the Bill eliminates the Labour Market Access Test, which is a check ensuring there are no unemployed Polish individuals willing and able to take the job
• tackling the exploitation of foreign nationals and the driving down of labour market standards – the Bill will make it mandatory to refuse a work permit if the employer does not pay social security contributions or advance payments for income tax
• digitisation of work permit procedures – the process of issuing work permits for foreign nationals will be made fully digital to streamline immigration procedures. 

When? 

The Bill has already been adopted by the Sejm and has been submitted to the President and the Speaker of the Senate for further consideration. It is unclear when the Bill may become law. 

So what?

If this Bill becomes law, it will allow for foreign workers to be employed more easily in Poland, which will give employers a larger group of people to recruit from. Employers also need to ensure they comply with their taxation obligations for employees, to prevent work permits being refused. 

Amendment of the Foreign Nationals Act 

What? 

The Act is being amended to implement EU law on the entry and residence of third-country nationals to undertake highly skilled employment under the EU Blue Card system. The EU Blue Card is an EU-wide work permit which allows highly skilled non-EU citizens to work across most of the EU.  

The proposed amendments will: 

• speed up administrative procedures
• enable new forms of mobility for EU Blue Card holders (ie EU Blue Card holders will be able to carry on economic activity on the same terms as Polish citizens)
• involve the creation of a digital application system used for temporary, permanent and long-term EU residence permits
• extend the validity of documents. 

When? 

The amendments are progressing through the Polish Parliament. Updates will follow in the next edition of Frontiers. 

So what? 

This amendment is a major development that will allow for third-country nationals to be employed on the same terms as Polish citizens for the first time. As with the Bill above, this will give employers a greater pool of applicants to choose from when recruiting new highly-skilled workers. 

Simplified procedure for Ukrainian residence cards 

What? 

From 2025, Poland will be introducing a simplified procedure for Ukrainian citizens applying for a residence card with the label Residence Card for Persons Fleeing the Consequences of War (CUKR). Previously, individuals received a paper decision with a plastic card. 

The process will be completely digital with applications submitted via the Office for Foreigners website. The residence cards will be valid for three years, provided that certain conditions are met, including that they have had uninterrupted CUKR status for at least 365 days. 

When?

The date when this online service will go live has not yet been confirmed. 

So what?

This will allow Ukrainian citizens to more easily confirm their legal residence within Poland. 

Stricter rules for Russian citizens 

What? 

In a contentious move, citizens of Russia who would like to obtain Czech citizenship must renounce their Russian citizenship and provide proof of having done so. Russian citizens are still able to extend current residence permits or apply for permanent residence if it is not possible for them to renounce their citizenship. 

When? 

The new legislation was passed in January 2025. 

So what?

This rule will make it difficult for Russian citizens to gain Czech citizenship because it is challenging for Russians living outside of Russia to renounce their citizenship. This is likely to increase reliance by Russian citizens on Czech residence permits, if they are unable to renounce their citizenship. 

Extension of temporary protection and introduction of long-term permits 

What?

Ukrainians will be able to extend their temporary protection until 2026 by following a two-step process: 

• individuals will need to express their interest in extending their temporary protection status on the Czech Republic's Ministry of the Interior website 
• after successfully registering, individuals will have an in-person appointment where they will receive a new temporary visa sticker valid until March 2026. 

Additionally, a new five-year permit will be open to Ukrainians. To qualify, individuals must have been resident in the Czech Republic for at least two years under the temporary protection regime. They must also be economically self-sufficient. Individuals who do not meet these conditions will continue to have temporary protection status until the conditions are met. 

When?

Individuals must register before 15 March 2025 for extension to be able to apply for the extension. If they do not, they risk losing their work rights.  

So what?

These measures are important steps in offering stability and security to Ukrainian citizens resident in the Czech Republic.

Online portal launched for visa applications 

What? 

Individuals can now use the Consular Services Portal to make visa applications online. Applicants can choose between 28 categories of national visa to apply for through the portal. Click here to access the portal. 

When?

The portal has been active since 1 January 2025. 

So what? 

This will help to speed up visa applications which is useful for employers who may have employees that require visas to work and reside in Germany. 

Digitisation of immigration processes 

What? 

Foreign nationals can now complete the following immigration-related actions using a digital platform: 

• applying for a residence permit
• applying for a passport
• renewing a temporary residence permit
• renewing an EU Blue Card. 

When? 

The new digital platform has been in place since 15 December 2024. 

So what? 

This will make the immigration process more efficient by saving at least one in-person visit to the immigration authorities. 

Language requirements for long-term residence 

What?

Individuals applying for long-term residence will have to show Slovak proficiency at level A2. To demonstrate their Slovak language skills, applicants will need to successfully complete a language test. 

When?

This requirement will be effective from 15 July 2025. 

So what?

This may prevent foreign nationals from being able to acquire a long-term residence permit. Employers who have employees looking to become long-term residents may consider subsidising Slovak language lessons to assist with the language tests.

Introduction of harder French language tests 

What? 

Foreign nationals applying for French residency or citizenship will be subject to new challenging French language tests, according to rules that must be in place by 1 January 2026. Reports conducted into the new tests suggest that they could be so difficult that 60,000 people could be refused permission to stay in France in the first year of the tests, with even native French speakers finding them difficult to pass. Previously, only those applying for French nationality or long-term residence had to take a language test, with others simply having to promise to learn French and sign an 'integration contract'. Those seeking short-term residency will need to demonstrate the French proficiency of a school pupil aged 11 to 15 years. Individuals applying for nationality or long-term residency will need to show more advanced French skills.

The aim of the new rules is to promote greater integration by ensuring applicants possess a sufficient level of French, but the standards may be too high, resulting in a number of people being prevented from obtaining necessary legal status. 

When? 

The rules must be in place by 1 January 2026 at the latest. 

So what?

Employers may need to consider whether any of their employees who rely on residence permits going forward will have the requisite language skills needed to pass the language tests. Employers may decide to proactively fund French language lessons for their employees to assist them with completing the language tests. 

Suspension of new work permit applications 

What? 

Under EU law, non-EU citizens that reside in an EU Member State and travel for work to another Member State either daily or at least weekly are 'cross-border commuters'. Cross-border commuters working in Austria are required to obtain a work permit from the Austrian labour authorities. The work permits do not authorise cross-border commuters to be resident in Austria. 

Guidance was issued by the Austrian Ministry of Labour and Economic Affairs effective 4 December 2024 to the labour authorities instructing them to stop accepting new work permit applications for cross-border commuters. This guidance was the result of several cross-border commuters holding work permits being found to be unlawfully residing in Austria. 

Applications made by cross-border commuters will not be approved until further notice. Whilst the suspension is in place, individuals who file extension applications before their existing permit expires will be able to continue working in Austria until a decision is made in relation to their application. 

When? 

The suspension has been in place since 4 December 2024.

So what?

This suspension could impact the hiring plans of employers as there may be delays in obtaining work permits.