Effective December 23, 2022, the Spanish government has introduced a new visa category to allow so-called “digital nomads” to work in Spain for companies located abroad. Part of a larger “Startups Law” aimed at encouraging an entrepreneurial business environment, the new visa category will enable foreign nationals to live and work in the country without obtaining sponsorship from a Spanish employer. With the introduction of the new visa category, Spain joins several other countries – including Italy, Romania, Iceland, and the United Arab Emirates – in seeking to attract an increasingly mobile class of global talent through digital nomad visas.

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As 2022 draws to a close, the New Zealand government has announced a variety of immigration updates that affect foreign nationals’ work authorization and employers’ accreditation status. These updates include a new online application process for the Skilled Migrant Category (SMC), simplifications in the variation process for holders of Accredited Employer Work Visas (AEWVs) and Essential Skills Work Visas (ESWVs), automatic extensions for certain employer accreditations, and streamlined processes to enable Critical Purpose Visitor Visa holders to obtain Specific Purpose visas while staying in their current role.

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Effective December 7, 2022, the Kingdom of Saudi Arabia has acceded to the Convention Abolishing the Requirements of Legalization for Foreign Public Documents, popularly known as the “Apostille Convention.” The move is part of the Saudi government’s ongoing efforts to promote the flexibility of the private sector and make it easier for foreign companies to do business in the country. Specifically, in accordance with Royal Decree M/40 dated 26/05/1443H (corresponding to 30/12/2021G), the country’s prior legalization requirements for foreign-issued public documents have been eliminated. With this decree, Saudi Arabia becomes the 122nd member of the Apostille Convention, joining other Middle East and North African countries including Bahrain, Oman, Morocco, and Tunisia.

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On December 8, 2022, the Council of the European Union voted unanimously to accept Croatia’s bid for admission to the Schengen Area. The decision means that as of January 1, 2023, all internal land and sea border controls between Croatia and neighboring Schengen states will be lifted. Checks at internal air borders will be lifted starting March 26, 2023. Croatia will also begin issuing Schengen visas beginning January 1, 2023, and will make full use of the Schengen Information System. Croatia’s addition to the Schengen Area is one of a series of recent developments in the country’s increasing integration with the European and international communities. These developments include Croatia’s adoption of the euro, addition to the U.S. Visa Waiver Program, and grant of free movement in Switzerland.

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The Australian government is in the early stages of examining major changes to the country’s immigration system. According to statements by Home Affairs Minister Clare O’Neil, the government has engaged a team of experts to conduct a comprehensive review designed to ensure the country’s immigration system “serves Australia’s national interests and complements the skills and capabilities of Australian workers.” While details on the scope of the report are still forthcoming, it is expected to focus on strategies for ensuring skilled labor for businesses, enhancing worker productivity, and navigating issues associated with an aging workforce. The experts’ report is expected to be delivered to the government by the end of February 2023.  

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On December 2, 2022, the Canadian government announced a two-year expansion of work authorization to spouses and working-age children of temporary foreign workers at all skill levels. According to the announcement, the short-term measure is designed to address gaps in Canada’s labor market amid the country’s economic recovery from the COVID-19 pandemic. Prior to the announcement, the only family members eligible for work authorization were spouses of temporary workers in high-skill occupations. The government’s move is expected to extend work authorization to as many as 200,000 noncitizens beginning in January 2023.

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Singapore’s Ministry of Manpower (MOM) has introduced a new work-authorized visa category for foreign nationals. Known as the Overseas Networks & Expertise (ONE) Pass, the visa is designed for individuals considered to be top talent in business, arts, culture, sports, science, technology, academia, and research. Although details on the application process are still forthcoming, eligible candidates are expected to be able to begin applying effective January 1, 2023.

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Mayer Brown’s Global Mobility and Migration practice recently hosted the American Immigration Lawyers Association (AILA) in honoring Charles “Charlie” Oppenheim for his dedicated public service over the past 43 years at the Department of State. Charlie is a legend in the field: he served as Chief of the Immigrant Visa Control and Reporting Division from 1998 to 2021, when he retired. In this role, Charlie was responsible for determining each month the number of people who could be granted U.S. legal permanent residence (green cards) in each family- and employment-based category. This meant calculating the maximum number of green cards that could be allocated to each country worldwide without exceeding the numerical limits based upon the statutory quotas and preference system set by Congress. To provide additional insights into the process and his predictions, Charlie broadcasted “Chats with Charlie” with the Consular Affairs Press Office every month. He also regularly provided analysis regarding reform proposals to White House and Congressional representatives.

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Since the start of the COVID-19 pandemic, countries in the Asia Pacific region have imposed some of the world’s most stringent restrictions on international travel. As countries around the world have begun to eliminate COVID-related entry requirements on international travelers, the Asia Pacific region has been slower to return to pre-pandemic travel norms. However, that trend has now begun to change, as countries across the region have loosened or dropped their vaccination and testing requirements, quarantine procedures, and health screening protocols. Visa-free travel has also resumed for several countries, representing a significant relaxation of COVID-era restrictions.

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