In response to the ongoing war in the Middle East throughout Israel and Gaza, Immigration, Refugees and Citizenship Canada (IRCC) introduced a set of temporary facilitative immigration measures. Initially scheduled to expire on June 12, 2024, these measures have now been extended until July 31, 2025.

Under this policy, Israeli nationals and Palestinian passport holders who are already in Canada with valid temporary resident status are eligible to:

• Apply for an open work permit
• Apply for a study permit
• Extend their visitor status (receive a visitor record)

All applications under this policy are fee-exempt, and permits can be issued for up to three years.

Eligibility Criteria

The measures apply to:

1. Israeli nationals and Palestinian passport holders in Canada with valid temporary resident status (visitor, worker, student).
2. Immediate family members of Canadian citizens or permanent residents who:
   • Departed Israel or the Palestinian Territories on or after October 7, 2023, and
   • Are now in Canada on temporary status.

Canada’s Broader Humanitarian Approach

Over the past few years, Canada has consistently used immigration pathways to respond to global humanitarian emergencies. Temporary immigration measures have been introduced to assist people affected by crises such as:

• The war in Ukraine
• The political upheaval in Iran
• The earthquakes in Türkiye and Syria

Most recently, Canada announced parallel immigration measures for individuals impacted by the crises in both Gaza and Sudan. These policies reflect Canada’s ongoing commitment to using immigration as a tool for compassionate and responsive support to those fleeing conflict and disaster.

Legal Basis and Government Policy Source

These measures are enabled through section 25.2 of the Immigration and Refugee Protection Act (IRPA), which allows the Minister to issue public policies that exempt foreign nationals from certain requirements of the Act, based on public policy considerations.

Legal and Official Sources:

• IRPA section 25.2 – Ministerial authority for public policy-based exemptions
• IRPR section 199 – Issuance and extension of temporary resident permits
• IRCC News Release – June 12, 2024: Canada extends support measures for Israelis and Palestinians in Canada

Permits and Application Details

• Fee waivers apply for all eligible applications
• Validity: Open work and study permits, and visitor records can be granted for up to 3 years
• Application location: Must apply from within Canada
• Deadline: Applications must be submitted on or before July 31, 2025

Purpose and Context

The measures are part of Canada’s humanitarian response to the conflict that intensified on October 7, 2023, and represent a continuation of efforts to provide temporary protection, stability, and support for affected populations.

Next Steps for Applicants

Eligible individuals should:

• Confirm valid temporary resident status in Canada
• Provide documentation confirming Israeli or Palestinian nationality
• Apply through the IRCC online portal

Ensure submission before July 31, 2025

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Who can apply for PERM?

Employers who want to hire foreign workers for long-term jobs in the U.S. can apply for PERM.

How to apply for PERM?

Employers first look for U.S. workers for the job. If they can’t find enough, they can apply for PERM with details about the job, foreign worker, and the search.

The entire PERM process can take around 30-40 months

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The NHS is made up of a wide range of different organizations with different roles, responsibilities, and specialities in the healthcare industry. It is the British residence-based healthcare system.

These organizations provide a variety of health services and support to patients and carers throughout the UK. These services cover booking a general practitioner or GP; prescriptions, pharmacies, vaccinations, hospitals, operations, dental treatment, mental health services and more. These are mandatory in the UK for all residents to have the right to – hence the name National health Services. All foreigners arriving in the UK on a working visa or a UK residency card, must pay for these services in advance according to the number of years in the Uk that they plan to stay and the number of family members that are arriving. There are also exemptions via some routes such as healthcare routes as a benefit to health and care workers coming to the UK or if you are applying for indefinite Leave to Enter or Indefinite leave to remain.

Over recent years there have been changes to the way the NHS is structured and works. The likelihood is that you may not have even noticed this – it won’t have affected how you access your local doctor or hospital. But the changes have affected who makes decisions about health services and who holds the budget to pay for these services.

You can find out more about the NHS structure in England and what services there are, by visiting the NHS website. The King’s Fund has also produced a series of structure diagrams and a short animation about the NHS. 

As a reminder, the IHS is payable by anyone coming to the UK for more than six months, giving them access to the same NHS services as UK nationals and permanent residents. The IHS must be paid upfront when an applicant submits an application to enter or remain in the UK, at the same time as other immigration fees.

 In contrast to certain charges (such as the Immigration Skills Charge- see below), employers are not required to pay this charge, though it is common for employers to include the charge as part of an employee’s employment package.

The health surcharge under the UKVI is set for a huge increase of around 66%, from the current rate of £624 per person per year to £1,035 per person per year. 

There is a discounted rate for students and those under 18 is also increasing from £470 to £776 per person per year.

In light of this, employers should:

• Consider the impact this fee increase will have on recruitment budgets – look ahead to foreseeable recruitment needs to identify whether to continue in light of the increased expenditure or whether to bring recruitment plans forward to avoid higher charges;
• Review sponsorship needs and submit applications for initial sponsorship, extension and/or settlement ahead of the fee increases;
• Consider applying for the maximum duration of five years’ sponsorship to take advantage of a lower IHS throughout the duration of the applicant’s stay in the UK; and
• Review Certificate of Sponsorship (CoS) allocations and request increases so that employers can obtain the right number of CoS ahead of the increase date – consider using the Priority Change of Circumstance service to ensure approval is received within days, not weeks.
• Since the full amount is required to be paid to upfront, it is important to state that a full refund will be granted if the visa is refused. 

For more information about how our UK immigration professionals can assist you, contact our expert team today at office@drsi-global.co.uk  

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In a move announced by the Prime Minister in July, the UK is set to witness an escalation in visa, immigration, and nationality fees, effective from October 4, 2023. Here, we delve into the detailed reasons behind these fee increases, shedding light on the implications for applicants.

The Home Office’s decision to revise fees encompasses various categories, including visas, extensions, and nationality applications. Notably, the majority of these fee adjustments surpass the general inflation rate, marking a significant change in the cost landscape for immigration processes.

WHY are the fees being increased

1. Varied Increases: The fee increments proposed by the Home Office exhibit diversity, with most exceeding the general inflation rate. This spans visas, extensions, and nationality applications.
2. Stability in Sponsor Licence Fees: While the fees for sponsor licences for employers remain unchanged, there is a 20% increase in Certificates of Sponsorship.
3. Settlement Application Surge: Settlement application fees are set to surge by 20%, posing a considerable impact on individuals seeking permanent residency.
4. Work and Visit Visa Fee Hikes: The fees for the majority of work and visit visas are witnessing a 15% increase, with a more modest 6% uptick for visitor visas lasting under two years.
5. Aligned Priority Service Costs: Fees for expediting applications, both within and outside the country, are being standardized. The priority service (within five working days) will now cost £500,
   while the super priority service (one working day) escalates to £1,000.
6. Immigration Fee Inflation: Most immigration fees are set to rise well above the inflation rate. Interestingly, two decades ago, the Home Office did not levy charges for visa extensions, work permits, or settlement applications.
7. Immigration Health Surcharge (IHS) Increase: Adding to the financial burden, the mandatory Immigration Health Surcharge (IHS) is also due for an approximately 66% increase, surging from £624 to £1,035 annually. For students, children, and youth mobility visa holders, the discounted rate rises from £470 to £776 per year. Notably, the IHS has tripled since its 2015 introduction when it stood at £200.

In perspective, an adult on a five-year visa will need to allocate £5,175 towards IHS over their stay duration, in addition to the visa application fees. The IHS hike is anticipated to take effect in the early months of the next year, further impacting the overall cost of immigration for applicants.

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September 25, 2023, U.S. Citizenship and Immigration Services (USCIS) has announced, unexpectedly, a change in filing fees – surprisingly for the better and not for the worse. From October 1, 2023, any applicant who is required to submit the Form I-539, The Application to Extend or Change Nonimmigrant Status, will no longer be required to pay the $85 Biometric services fee that was additional to the regular fees. 

This exemption will cover all submitted I-539 Petitions postmarked on or after October 1, 2023, extending to individuals seeking extensions or changes of status to H-4, L-2, E-1, E-2, or E-3 nonimmigrant categories.

Understanding Biometric Fees: – Biometrics play a crucial role in the immigration process, serving as a secure method to verify the identity of applicants. Biometric information typically includes fingerprints, photographs, and other personal data. The $85 biometric services fee was implemented to cover the costs associated with collecting and processing this vital information. By removing this fee, USCIS aims to make the immigration process more accessible and affordable for applicants. Does this mean that the process will not validate these details ? We do not believe that! But rather, with more availability for security measures implemented into most software applications, hopefully this will continue to ensure the security of all candidates. It is also assumed that all the biometric details are now included in issuance of a foreign passport, taken as part of the consular processing procedure or at certain airports prior to entry to the US. 

Fees for the I-539 – $370 per petition – As of April 1, 2022, the USCIS do not accept a single, combined fee payment when filing Form I-539. This means that if a main applicant and the spouse and three children need to submit to extend or change the status – five separate fees should be paid amounting to $370 each, a total of $1850 USD. The fees can be paid by credit card which is found here – https://www.uscis.gov/sites/default/files/document/forms/g-1450.pdf In regards to the Credit card clients ask us the following questions:

Does the G-1450 need to be signed? 

Each USCIS Credit card Form must be properly signed and filed.

Can we Typewrite our name instead of the signature?

No For each USCIS Credit card – the USCIS will not accept a stamped or typewritten name in place of a signature

Can we use any credit card to pay the fees? 

No – The credit card must be issued by a U.S. bank.

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We can see that the inflation could be blamed, or maybe this is another solution to trying to fix the US immigration service’s ridiculous backlogs. Right now as we speak, there may be estimated over 20 million pending visa applications at USCIS, with over 5 million pending beyond their deadlines. USCIS established a time circle system – https://www.uscis.gov/newsroom/news-releases/uscis-announces-new-actions-to-reduce-backlogs-expand-premium-processing-and-provide-relief-to-work. Waiting times on average varying a number of different visa types can be from a year, with over 20 percent of completed cases more than two years to receive a response.

With so many US Immigration authorities involved – such as  the Department of State’s Bureau of Consular Affairs, the Department of Homeland Security’s U.S. Citizenship and Immigration Services, and the Department of Labor’s Office of Foreign Labor Certification – all agencies are demanding more funding from Congress. However, 96% of funding comes from those who fill in a visa petition. Current revenues to the agencies amount to $3.28 billion and should rise to $5.2 Billion after the rise of the fees. 

Therefore, more employees and more staff would efficiently speed up the process to review and processing cases – so starting June 17, 2023, the U.S. Department of State nonimmigrant visa (NIV) fees will rise from 7% to 15%

• Student (F) and exchange visitor (J) visas increase – $160 to $185. 
• Temporary workers (H-1B) visas increase – $190 to $205. 
• Treaty trader (E-1) and treaty investor (E-2) visas increase – from $205 to $315. 

Please be in touch with office@drsi-law.com to review updated visa types and fees.

DRSI LAW © June 2023

David J. Bier, “Processing Backlogs in the U.S. Immigration System: Describing the Scale of the Problem: Introduction,” Cato Institute Briefing Paper no. 141, October 6, 2022.

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The changes to the UK’s Youth Mobility Scheme made by the UK Home Office means that for the first time, India is on the very short list of eligible countries that can apply for the India Young Professionals visa, announced by UK Home Office this week. 

Nationals from other countries also benefit from a similar visa ballot and visa, which is usually opened twice a year – Australia, Canada, Monaco, New Zealand, San Marino, Iceland, Hong Kong, Japan, South Korea, and Taiwan. 

Indian citizens (with a valid Indian passport), aged 18 to 30 can enter the India Young Professionals scheme (previously known as the T5 visa).  This 2-year visa route is open to young Indian professionals who have finished their degree (bachelor’s degree level or above – Regulated Qualifications Framework level 6, 7 or 8)

This scheme enables 2,400 young Indian professionals the chance to live, study and find work in the UK for up to two years.

What are the steps to getting on this visa route?

STEP 1 Entering the UK visa ballot, which will  2,400 chosen applicants 

If you are picked in the ballot – you can advance to 

STEP 2 Apply for a 2-year entry visa to the UK *

The successful entries will be picked at random.

What must I have to enter this visa scheme

• You must be aged 18 to 30
• You must be the rightful holder of a valid Indian passport
• You must have either an academic degree, BA/MA/Bs.C or higher, OR be able to provide proof of a minimum of three years’ work experience in a professional role equivalent
• You must also be able to show that you have savings of £2,530 held for 28 days prior to the visa application in your personal bank or savings account
• You must be able to prove that you have taken a tuberculosis test
• a police report or clearance certificate from India
• You do not fall for refusal under the general grounds for refusal.
• If you win one of the 2,400 ballot spots, you have 30 days in which to apply for this visa scheme

What are the benefits of this visa route

• There is no English language requirement
• If you are lucky enough to be chosen from the ballot, it only takes the UKVI Home Office 3 weeks to decide the outcome of your application
• *If you get a suitable job offer from an employer who is either willing to apply for or holds a Home Office-issued sponsor licence, you may be able to switch to a Skilled Worker or Start-up visa from within the UK.
• You may also be able to count the time spent in the UK on this scheme towards your naturalisation if you apply for one of the long-term visas mentioned in the previous point.

So what can I do in the UK on this scheme?

• You can study
• You can take full advantage of this cultural exchange visa programme and live in the UK for 2 years
• You can be self-employed and set up a company – you must work from rented premises, your equipment cannot be worth more than £5,000 AND, you do not have any employees
• You can switch to a Skilled Worker route or the Global talent  Start-up route from within the UK that will cumulate in UK Citizenship*

What are the disadvantages of this visa route?

• If you have dependents, they are not eligible to apply for this visa scheme (dependants: spouse/children under 18 who are financially dependent on you or are living with you)
• It is not a visa route that will, on its own, lead you to UK naturalisation*
• Once you have finished the visa scheme, you cannot apply again for the same scheme and must leave the UK – if you are not eligible to apply for a long-term work visa*

Where are we now?

The UK government has announced that the ballot will open at 2:30 pm India Standard Time on 28 February 2023, and close at 2:30 pm India Standard Time on 2 March,

We are always happy to advise you and manage your visa journey for you

Click here to enter the ballot

DRSI GLOBAL LTD®

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https://www.mako.co.il/news-law_guide/2023_q1/Article-048a3f197cf4681026.htm?sCh=31750a2610f26110&pId=443551827

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Please contact office@drsi-law.com for any further questions that you may have on this issue. 

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H1b – What is it, and how do we register?

Do you own a US company? Are you looking to hire foreign employees next year? Are they degree holders? Why not submit through the H1b registration system and apply on time 

The H-1B is a 3-year temporary working visa category that allows a US Company to hire highly educated foreign professionals to work in “specific jobs” that require at least a bachelor’s degree or the equivalent. The most common jobs that fall under the H1B are in fields such as engineering, technology, mathematics, and medical sciences, but can stretch to fashion models too. After the first 3 years, you can usually extend this to a maximum of a six-year stay.

The U.S. Congress has limited the number of H-1Bs made available to all international visa applicants to 65,000 visas, adding in a further 20,000 visas for foreign professionals who graduate with a master’s degree or doctorate from a U.S. University. Every year this quota has been maxed out and has been renamed a “lottery” since there is a 1:3 chance that your application will get chosen within the 65,000 per year.

Each year, the US Immigration announces the next registration period, where the U.S. employer must register electronically each foreign national who he intends to file an H-1B petition for. This is usually around March 30th. Your case must be submitted by this date. The registration process is simple to start with a $10 fee for each registration submitted, and limited information about the U.S. employer and the foreign national. 

Since the US immigration offices receive more registrations than there are visa numbers available, the agency runs a lottery to determine who can file an H-1B petition. USCIS will select registrations for the 65,000 visa numbers first and then for the 20,000 master’s exemption visa numbers. If you are chosen, your employer has 90 days to submit your visa application. The start dates of employment are always 1st October of each year. One important note is that the Spouse of the applicant is not permitted to work throughout their stay in the US.

Please feel free to contact us office@drsi-law.com to prepare for your visa request on time. 

www.drsi-law.com

Who are we? DRSI Law has offices in London, the US and Tel Aviv. We have over 20 years of experience in international global migration. Our office is recognized as one with the highest work ethic, and uncompromising professionalism, and we provide personal attention to each client. We are looking forward to thinking out of the box and solving your US Staffing challenges. 

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