This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from Australia, Brazil, China, Hong Kong, Japan, Spain and the United States. Australia: New Pathway To Citizenship For New Zealand CitizensThe Australian Government has announced a direct pathway to Australian citizenship for New Zealand citizens living in Australia. From 1 July 2023, New Zealand citizens who have been living in Australia for four years or more will be eligible to apply directly for Australian citizenship. They will no longer need to first apply for and be granted a permanent visa. These changes apply to New Zealand citizens holding a Special Category (subclass 444) visa (SCV) who arrived in Australia after 26 February 2001. Protected SCV holders will continue to be eligible to apply directly for Australian citizenship. For New Zealand citizens who are long-term residents in Australia, this will be achieved by backdating their period of permanent residence for citizenship purposes. This will allow them to meet the 12-month permanent residence period under the general residence requirement. With effect from 1 July 2023:
The backdating of permanent residence for SCV holders will also impact children born to SCV holders. From 1 July 2023, any child born in Australia on or after 1 July 2022 to an SCV holder may automatically acquire Australian citizenship at birth and will be able to apply for evidence of citizenship. Brazil: New Entry Rules For SeafarersEffective 1 May 2023, crew members of non-Brazilian boats will no longer be permitted to enter Brazil using a Seafarer’s Identity Document (SID) issued under Convention 108 of the International Labour Organization (C-108). From that date, they will only be allowed to enter Brazil using a SID issued according to Convention 185 (C-185). SID C-185 holders will be able to enter Brazil without a visa for up to 90 days in a migratory year (starting from the date of their first entry) when working on non-Brazilian maritime support ships and/or platforms; or for up to 180 days in a migratory year (starting from the date of their first entry) when working on non-Brazilian long-trip ships and/or cruises. When C-108 was revoked in 2010, Brazil ratified C-185 but continued to accept C-108 SIDs until 2020. Successive grace periods were granted for the use of C-108 SIDS during the COVID-19 pandemic. The Federal Police has now indicated that this relaxation will not be extended beyond 1 May 2023. China: Covid-19 Testing RequirementsEffective 29 April 2023, all inbound travellers will be permitted to take an antigen test instead of a PCR test within 48 hours before boarding their flight. Airlines will no longer be required to check pre-departure test certificates. This is already allowed for travel from some countries and will be extended to those travelling from all countries. Hong Kong: Exit-entry Permit Eligible Age AdjustedThe Immigration Department (ImmD) has announced that, with effect from 29 April 2023, the eligible age for holders of electronic Exit-Entry Permits for travelling to and from Hong Kong and Macao (e-EEP) for using the e-Channel service will be adjusted to 11 years old or above. Previously, eligible e-EEP holders aged 16 or above could use the e-Channel service. Japan: Lifting Of All Covid-19 Border MeasuresThe lifting of all border measures to prevent the spread of COVID-19 has been brought forward to 29 April 2023. Those who are entering Japan on or after that date will not be required to present a valid vaccination certificate or a negative COVID-19 test certificate. Before that date, those travelling to Japan via a direct flight from China who were unable to present a valid vaccination or test certificate were not permitted to enter. The lifting of COVID-19 entry requirements was originally intended to take effect on 8 May 2023. Spain: New Visa Guidance For Remote WorkersThe Spanish government has issued new guidance on applications for visas for teleworking. The guidance confirms the following:
The new “Start-up Law” came into force on 28 December 2023, amending the existing Entrepreneurs Law and setting conditions for a new work visa for remote workers (teletrabajadores de caracter internacional). The latest guidance is part of the implementation of the new law. The remote work visa permits qualifying foreign nationals to live in Spain while employed by a company located overseas. For Independent professionals, up to 20% of their work can be for Spanish companies (this is not permitted for regular employees). Qualifying criteria are as follows:
Applications can be submitted either from within Spain or via a Spanish consulate abroad; must be processed within 20 days; and will be considered automatically approved if this deadline passes. Changes to other categories under the Entrepreneur’s Law include:
United States: Covid-19 Vaccination RequirementsThe Centers for Disease Control and Prevention (CDC) has announced a loosening of COVID-19 vaccination requirements for foreign travellers.
On 19 April 2023, the CDC allowed most US nationals adults to bring their COVID-19 vaccination schedule up to date with a single “bivalent” dose of the Pfizer or Moderna vaccines, regardless of whether they previously completed their (monovalent) primary series. The CDC has now clarified that it will consider anybody with record of a single dose of Moderna or Pfizer vaccine issued on or after 16 August 2022 to meet the COVID-19 vaccination requirements for foreign travellers, because “some traveler vaccine records might not specify whether recent Moderna or Pfizer doses received were bivalent”.
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