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Migration trends suggest increasing intra-LATAM restrictions on business travel, while foreign investment and skilled worker movement from outside the region continues to grow.
BACKGROUND
Venezuela is a federal republic comprised of an executive branch in the form of a president, who is the head of government and chief of state serving a six-year term, along with a cabinet (Council of Ministers) appointed by the president. The legislative branch is a unicameral congress whose members serve five-year terms and a judicial branch that includes a 32-member Supreme Court that is elected by congress and hold 12-year terms. Venezuela was largely controlled by democratically elected governments until 1999, when Hugo Chavez implemented authoritarian control over the three branches of government until 2013. Authoritarian control was reinstated in 2018 by Nicolás Maduro when he claimed a second presidential term that was reported as a fraudulent election.
Maduro is a part of the Chavista regime (the United Socialist Party), a socialist-inspired political movement that has turned authoritarian. He ran against 10 presidential candidates, including Edmundo González, a former diplomat who is replacing the former opposition leader, María Corina Machado. Machado won the primary election held in October, but Venezuela’s highest court later officially banned her from holding office based on fraud and corruption allegations she has denied. González is the opposition’s surrogate candidate.
Maduro has consolidated political power in recent years and holds strong influence over the country’s legislature, military and the national election council, as well as the justice system. Maduro sought another six-year term in the most consequential presidential election in over a decade.
OUTLOOK
On July 29, Venezuela’s National Electoral Council (CNE) stated that Maduro had been reelected to a third term as president despite reported irregularities. The CNE stated Maduro won 51% of the vote and Edmundo González received 44%; however, they did not release the tallies from each polling location. González disputed the result and has claimed that Maduro lost the election by more than a 2-to-1 margin. Multiple Latin American leaders, including the opposition led by González, have refused to recognize Maduro’s victory in the July 28 vote. The process was filled with allegations of foul play in an election where opposition figures were arrested and key leaders were banned from running. Speaking in Tokyo on July 29, U.S. Secretary of State Antony Blinken said that U.S. officials “have serious concerns that the result announced does not reflect the will or the votes of the Venezuelan people.”
Since the election results have been released, criticism has mounted against Maduro involving deadly protests across the country. As a result of this growing domestic and international pressure, Maduro asked the country’s Supreme Court to conduct an audit of the election on July 31.
Hundreds of thousands of Venezuelans have sought asylum in the United States in recent years, directly impacting the irregular migration at the U.S. border in what has become a top issue politically in the U.S. presidential election this fall. Maduro’s presidency has presided over a complex political, social and economic crisis that has driven over 7 million people to migrate abroad, and western nations’ economic sanctions on the Latin American nation have had a significant economic impact on Venezuela’s oil industry and economy as a whole. Only time will tell the lasting and permanent impact the Venezuelan presidential election will have on the global political landscape and the immigration debate in 2024’s most significant election — the U.S. presidential election in November.
LATEST IMMIGRATION NEWS
Ongoing protests in Venezuela are limiting access to government offices, delaying the processing of immigration-related applications filed in country. The Venezuelan government has ordered diplomatic personnel in Argentina, Chile, Costa Rica, the Dominican Republic, Panama, Peru and Uruguay to return. Applications at consular posts are experiencing processing disruptions until further notice as well as flight disruptions.
The U.S. Department of Homeland Security recently announced the extension and redesignation of Venezuela for Temporary Protected Status. The redesignation allows Venezuelans to access temporary protection from removal and the opportunity to apply for employment authorization in the United States. In announcing the extension/redesignation, DHS Secretary Alejandro Mayorkas cited “extraordinary and temporary conditions in Venezuela that prevent individuals from safely returning” at this time.
Finally, as of last year more than 7 million people have left the country as a result of political and economic turmoil and have been displaced. The world’s greatest displacement crisis has a direct impact on the U.S. and the November elections. U.S. immigration policymakers are currently debating an effective solution for the migration crisis at the U.S. border, as a Maduro third term could mean more migrants seeking asylum and a continued complex situation between the two nations with lasting effects throughout Latin and North America.
El Salvador’s constitution instituted a democratic republic divided into three branches. The executive branch is headed by the president, who is elected by direct vote and remains in office for five years with no reelection but can be reelected after nonparticipation for one electoral period. The other two branches are the legislative branch, made up of the unicameral Legislative Assembly, and the judiciary branch, which is headed by the Supreme Court composed of 15 judges.
General elections were held on Feb. 4 to elect the president and all 84 deputies of the Legislative Assembly. The current president is Nayib Bukele, who assumed power in June 2019. He defeated the two main political forces at that time in El Salvador’s multiparty system that included the Nationalist Republican Alliance (ARENA) and the Farabundo Martí National Liberation Front (FMLN).
The results of the February 2021 legislative election two years later caused a major change in the politics of El Salvador and specifically the relationship between the president and the Legislative Assembly. The new allied party of Bukele, Nuevas Ideas (New Ideas), won the biggest congressional majority in the country’s history at the time. Since then, Bukele has consolidated his power and disrupted the foundational checks on executive power, including replacing all the magistrates of the country’s Constitutional Court and the attorney general. The Constitutional Chamber of the Supreme Court ruled in 2021 that Bukele was permitted to seek reelection despite constitutional concerns, and he announced in September 2023 that he planned to seek a second five-year term. Bukele is highly popular among Salvadoreans because of his harsh crackdown on street gangs, but he is considered controversial internationally.
Bukele garnered 83% of the vote in the Feb. 4 election, and he was sworn in for a second term on June 1. Bukele’s recent victory should strengthen his perceived mandate and may lead to additional constitutional reforms in the future. According to his government, the administration has reduced migration 60% to the U.S. since he took office in 2019.
As the presidential campaign intensifies in the United States, the relationship between Latin American countries and the U.S. will become more important than ever. The U.S. has been leaning on the governments of Mexico and Central America to address the root causes of the irregular migration situation, and the outcome of several recent presidential elections in the region will have a tremendous impact the flow of migrants to the U.S. and, in turn, U.S. immigration policy in the future. The U.S. has had an uneasy relationship with the self-described “world’s coolest dictator,” and Bukele’s relationship with the next U.S. president will have a direct impact on the global migration policies for decades to come.
With nearly 1.4 million immigrants, El Salvador accounts for the second-largest Latin American group in the United States after Mexican nationals. U.S. immigration policies of the past three decades, as well as the Salvadorean government’s efforts, have led to growing numbers of people leaving the country, with the majority traveling to the United States. In June 2024, U.S. Citizenship and Immigration Services announced that it was extending the validity of certain employment authorization documents for Temporary Protected Status beneficiaries from El Salvador. Washington’s policy toward the Central American nation has changed in recent years, and concerns tied to immigration are a key issue in this year’s U.S. presidential election.
There is a shortage of employment opportunities in El Salvador, and in 2023, the unemployed population grew to 161,400. The government recently launched a new Freedom Visa program for entrepreneurs and high-income individuals to relocate and be granted lifelong residence and Salvadorean citizenship. According to the government, the new program and the contributions made by investors will go toward economic development and social programs. Bukele is also initiating other policies designed to promote relocation of highly skilled workers. In April 2024, he announced a new policy that would offer free passports to 5,000 “highly skilled scientists, engineers, doctors, artists and philosophers from abroad,” which would provide “full citizen status, including voting rights.” Other policies, such as adopting Bitcoin as a legal tender alongside the U.S. dollar and approving a migration law meant to expedite citizenship to foreigners who support social and economic development programs by donating Bitcoin, represent some of the significant immigration reform efforts under Bukele’s leadership.
Brazil has not yet recognized Maduro as the winner of Venezuela’s presidential election.
On Oct. 6, Brazilians will vote to elect officials for the 5,500 municipalities in a midterm test for left-wing President Luiz Inácio Lula da Silva. Lula da Silva is governing for the third time after defeating former far-right President Jair Bolsonaro in the 2022 national elections.
In São Paulo, Brazil’s economic capital, Guilherme Boulos of the Socialism and Liberty Party (PSOL) MP hopes to unseat the current right-wing mayor, Ricardo Nunes, from the Brazilian Democratic Movement (MDB).
In the wake of recent events in Venezuela and El Salvador, the local elections in Brazil will be a test of democratic principles and a referendum on Lula da Silva and left-wing policies in South America.
This analysis has been provided by the BAL Global Practice Group.
Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
Countries in Africa are experiencing a mix of economic opportunities and challenges. East Africa is witnessing economic growth driven by tourism, technology and natural resources, while other regions face economic disparities and infrastructure challenges.
In general elections, South Africans vote for a political party and not for specific presidential candidates. Parties are allocated seats in the 400-seat parliament based on the percentage of votes they receive in the national election, and members of parliament then elect the president.
President Cyril Ramaphosa won reelection as part of the African National Congress (ANC) party — the party once led by Nelson Mandela. The Democratic Alliance (DA) is the main opposition party, and the leftist Economic Freedom Fighters party is the third biggest in parliament, which has grown in popularity under leader Julius Malema.
Parliament is open for its next term, and Ramaphosa and the ANC have now formed a centrist coalition government with its main rival, the DA, and the Inkatha Freedom Party. Ramaphosa has been sworn in for a second term as president of South Africa, despite his party losing its parliamentary majority in the elections on May 29. South Africa is Africa’s most developed economy but is facing major challenges, including widening inequality and rising levels of unemployment and poverty.
The ANC is one of the African continent’s oldest liberation movements. The most recent elections may represent an important change in sentiment for this type of governance and leadership, as evidenced by the new coalition rule. The new coalition government will have a direct impact on whether recently proposed legislation will pass that establishes new processes for obtaining residency and citizenship in South Africa and a major overhaul of the immigration system in the future.
RECENT IMMIGRATION CHANGES
The South African government recently implemented a digital nomad visa, which allows foreign nationals who earn a sufficient minimum income to reside in South Africa and perform work as a freelancer or for an employer outside of South Africa.
The final “White Paper on Citizenship, Immigration and Refugee Protection: Towards a Complete Overhaul of the Migration System in South Africa” has been approved by the cabinet and recently published. The white paper outlines a single legislation with multiple chapters of the Citizenship Act, Immigration Act and Refugees Act to establish a process for foreign nationals to obtain residency and citizenship in South Africa, as well as safeguard refugees and asylum seekers. The final white paper is expected to be submitted to parliament and passed into law in the coming months.
The draft immigration regulation would overhaul the South African immigration system and:
Senegal is a multiparty republic. The first constitution of Senegal was promulgated in 1963 and revised in March 1998. A new constitution, approved by voters in January 2001, provided for a strongly centralized presidential regime where the judicial, executive and legislative powers are separated. The president is the head of state, elected for up to two five-year terms, who then appoints a prime minister to be the head of government. The unicameral legislature is called the National Assembly, with most members directly elected to serve five-year terms.
The West African nation’s presidential election was initially scheduled for Feb. 25 but was delayed by incumbent President Macky Sall after he cited an electoral dispute between the parliament and the judiciary, specifically concerning the candidacy of his opponents. Legislation was then passed by the parliament to delay the presidential election until Dec. 15. At that time, security forces entered the legislative building and forcefully removed several opposition lawmakers who were trying to block the voting process. The postponement triggered a constitutional crisis, and intervention was required by the Constitutional Council to resume the election on March 24. The election was between Bassirou Diomaye Faye, a tax inspector and founding member of the Patriotes du Sénégal (PASTEF) party, and former Prime Minister Amadou Ba, who represented the ruling coalition Benno Bokk Yakaar (BBY, “United in Hope” in Wolof). The constitutional crisis put one of Africa’s most stable democracies to the test.
In the high-stakes election, Senegal elected a new president: Bassirou Diomaye Faye. Faye will inherit an irregular migration situation along with high youth unemployment and a rising cost of living. Faye was the “candidate of rupture,” and his PASTEF party has focused on strengthening the country’s position within the Economic Community of West African States and emphasizing the importance of the country’s domestic workforce. The Faye administration may focus on domestic priorities.
Senegal is an important destination country within the West Africa region but has recently become a majority emigration and transit migration country because of its geographical position. This is particularly because of transit through Senegal to travel by sea or air to Europe. The IOM Migration Profile of Senegal, which is funded by in part by the European Union, notes that Senegal does not have a formal national migration policy or a structure dedicated to the migration issues they are encountering. The country has also been experiencing a “brain drain” phenomenon, with 17.7% of those receiving higher education emigrating, largely to France.
The government is working with national and international partners to implement programs developing and capitalizing on the skills of Senegalese nationals. The Senegalese government has made bilateral agreements with France, Italy and Spain in recent years to promote employment for youth and manage migration flows.
To illustrate the connection between neighboring countries, the Senegalese government recently implemented a change that all visa nationals in category B and C seeking a pre-approved business visa must obtain a police clearance certificate in French (or translated into French by a Ministry of Foreign Affairs’ sworn translator in Senegal and legalized). Previously, the requirement was only for long-term work and residence permit applicants.
Finally, there is currently a visa-exempt policy for all European Union citizens and foreign nationals from 96 other countries to travel to Senegal without first having to obtain a visa. If intending to stay for longer than three months, visa-exempt nationals must register with the local authorities in order to obtain a “carte d’étranger.” Foreign nationals of all other nationalities are required obtain their visa online (e-Visa) or in embassies. Individuals not eligible for the e-Visa are required to go to the nearest Senegalese Embassy.
The Asia-Pacific region is experiencing rapid economic growth with a strong reliance on foreign direct investment, focusing on easing business travel immigration rules and increasing openness to tourism. Societal challenges include gender roles and increasing environmental awareness.
The Taiwanese government underwent substantial change in the 1990s up to 2005, when the constitution was amended to make it more relevant to the sovereign territory’s contemporary status and serve as a foundation for democratic governance. The central government contains the presidency and five major branches (yuans). The president is directly elected, serves a four-year term and may be reelected for one additional term. The president is empowered to appoint the heads of the four branches of the government, and so the ruling/political party that occupies the presidential office plays a key role in the functioning of the government.
Currently, the government operates as a multiparty democracy with two major parties, the Kuomintang (KMT or Nationalist Party) and the Democratic Progressive Party (DPP). The KMT held the presidency in Taiwan for more than five decades before the DPP won the 2000 and 2004 presidential elections. The KMT returned to power briefly in 2008 and 2012, but the DPP has since won the 2016 and 2020 presidential elections and sought to stay in power in 2024 to achieve three consecutive terms.
On Jan. 13, Taiwan held elections for its presidency and 113-seat legislature, the Legislative Yuan. Lai Ching-te, also known as William Lai (DPP) ran against Hou Yu-ih (KMT). This was the eighth direct election for the president of Taiwan. Previously, the position was indirectly elected by the National Assembly until 1996. This election and government actions going forward will determine the trajectory of the self-ruled democracy — the first place ever to free itself from Western colonial rule.
In the January 2024 election, Taiwan elected Lai as its new president, and he was inaugurated on May 20. The DPP lost its outright majority in the Legislative Yuan however, as the KMT gained 52 of the 113 seats, while the DPP secured only 51. This was the first time since 2004 that no party won an outright majority.
Lai is expected to build on domestic reforms, despite political gridlock. Lai’s DPP has lost the majority in the legislature, making it hard for him to push through legislation. Consequently, the smaller Taiwan People’s Party (TPP) will play a crucial role in forming a coalition to lead the legislature. Lai will need to build on efforts to strengthen ties with the U.S. and prioritize migrant issues while keeping the economy running strong.
The Taiwanese government announced several changes to immigration policy recently and just expanded their visa-free entry program for travelers from Brunei, the Philippines and Thailand.
The Taiwanese government intends to revise immigration policies to benefit certain resident visa holders and visitor visa holders to reduce difficulties in applying for Alien Resident Certificates or extend visitor visas. Alternatively, fine increases for overstay and a greater maximum entry ban demonstrate the government’s attempt to deter overstays and illegal work — priorities for the new administration that could have further impacts on immigration policy in the future.
The Republic of Korea’s Constitution adopts liberal democracy as its basic principle of governance. The National Assembly is the unicameral national legislature, and its members serve four-year terms. Executive power is vested in the president, who is elected by the people and serves five-year terms without reelection capability. Current President Yoon Suk Yeol of the People Power Party took office in May 2022.
Legislative elections were held in April 2024 for all 300 members of the National Assembly. The two largest parties are the liberal Democratic Party and the conservative People Power Party. The election was a midterm referendum for the Yoon administration as it approached its third year. His hope was for his party to regain a parliamentary majority. Yoon narrowly won the 2022 presidential election and has struggled with low approval ratings. He now faced the possibility of spending the next three years of his single-term presidency as a lame duck.
South Korea’s Democratic Party won a landslide victory in the country’s parliamentary elections, giving liberals an extended opposition control of parliament and putting Yoon and his conservative party in a challenging position for the three remaining years of his term. The Democratic Party already held majority control but won 175 seats in the 300-member single-chamber parliament, and the conservative People Power Party won 108 seats, becoming an even smaller minority. Voter turnout was the highest in 32 years for a parliamentary election, and the outcome has been interpreted as a strong judgment on Yoon and the policies his administration has prioritized in the last two years since taking office. The People Power Party will now have to cooperate with the Democratic Party and its leader, Lee Jae-myung.
Yoon has described South Korea as a “global pivotal state,” with a growing number of immigrants in the country and a need to develop immigrant policies that fit its status. His administration has had the difficult task of addressing a population crisis consisting of low birth rates and an aging population.
The administration is still trying to come up with a cohesive approach concerning immigration — 2.5 million foreign nationals currently reside in the nation, which is roughly 5% of the total population. One of Yoon’s campaign promises was to create a separate immigration agency under the Ministry of Justice to implement unified immigration policies that balance workforce and immigration that are sector-specific and meet growing labor demands. The new agency would also be tasked with other immigration policy initiatives, such as strengthening border controls and supporting immigrant integration. The creation of a Ministry of Population Strategy Planning has also been proposed as an alternative that would take over immigration-related policies from the justice ministry and handle the creation of new comprehensive immigration policies. The planned launch of these new immigration agencies has stalled, and lawmakers did not pass the People Power Party proposal for a new agency within the Government Organization Act before the conclusion of the previous National Assembly session in May.
Now that the members have been elected in the 2024 legislative election and assumed office, the 22nd National Assembly is currently in session and discussions surrounding a new immigration agency may continue. The majority control that the Democratic Party now holds as a result of the 2024 legislative election will have a direct impact on Yoon and the People Power Party’s ability to enact important immigration reforms.
RECENT IMMIGRATION NEWS
South Korea recently launched a digital nomad visa for overseas remote workers that allows some foreign residents to stay in South Korea for up to two years while maintaining jobs in their country of origin. Considered a “workation” visa, the digital nomad visa allows qualified foreign employees to reside in various regions of South Korea and is designed to revitalize their economy. However, workers are restricted from working for South Korean employers during their stay unless they obtain a separate work visa. This new category provides an immigration pathway for remote workers that was previously not available and highlights a continuing trend among various countries around the world offering new digital nomad visas to attract greater foreign talent and skilled professionals.
South Korean authorities continue to promote policies that aim to increase tourism by simplifying entry processes for foreign nationals wanting to travel to the country as well as create initiatives designed to strengthen bilateral relations with allied nations and improve labor market access for younger workers. Last year, the government announced that travelers from 22 countries, including Australia, Canada, Japan, Singapore and many EU countries, no longer need to apply for Korean Electronic Travel Authorization (K-ETA) before entering the country. This policy is in effect until Dec. 31. K-ETA is an online electronic travel authorization that visa-free foreign visitors need to obtain for tourism, visiting relatives, participating in events or meetings and business purposes other than profitable activities. A bilaterial agreement with Canada was also announced for a new Youth Mobility Agreement last year. This initiative allows certain Canadian and South Korean nationals to live and work in the two countries for up to 12 months through certain immigration categories to increase work and travel opportunities.
India
China
Japan
Europe is focused on economic recovery but faces societal challenges. Conflict in the region and nearby Middle East is driving instability.
The United Kingdom is a constitutional monarchy where the hereditary monarch serves as head of state while the prime minister serves as the elected head of government. Executive power is entrusted to a unitary parliamentary system formed by members of the Parliament, where legislative power is vested in the two parliamentary chambers: the House of Commons and the House of Lords. Elections are held no more than five years apart and are scheduled by the prime minister. U.K. citizens vote for all 650 members of the House of Commons for a term of up to five years, and the party that commands a majority, either alone or in coalition, form the next government. The majority party’s leader becomes the prime minister.
The first national general election in five years was announced by Prime Minister Rishi Sunak for July 4. Sunak, a former Treasury chief who had been prime minister since October 2022, hoped to continue the 14-year reign of the Conservative Party (Tories). His primary opponent was Keir Starmer, a former director of public prosecutions in England and leader of the Labour Party since April 2020.
The Labour Party won the general election with a total of 412 seats, an increase of 211 seats since the previous general election in 2019. The Conservative Party total of 121 seats represents its worst-ever defeat, with more than 250 seats lost. Starmer has met with King Charles at Buckingham Palace and officially accepted the role of prime minister. The new PM pledged to steer the country toward “calmer waters” in his first address to the nation.
The Labour Party will face many challenges, including a polarized debate on migration. The Conservatives’ signature policy regarding migration was restrictive in nature and focused on measures designed to reduce net migration and prioritize the domestic workforce. Labour Party representatives have described similar priorities to reform the points-based immigration system to reduce migration, boost Britain’s skills to address skills shortages and focus on domestic workers. Labour’s immigration policies will seek to improve wages and conditions for Britain’s workers and continue to focus on compliance with harsher penalties. Employers should be prepared for new rules and requirements when it comes to international recruitment, given the drastic change in government and healthy majority that the Labour Party now possesses for future policy reforms.
The U.K. government is prioritizing increasing their domestic workforce through the “Back to Work Plan.” The government recently announced several initiatives to intentionally reduce net migration and make immigration more expensive for both employers and foreign nationals. The Home Office announced a plan to cut net migration to the United Kingdom by 300,000 people by reducing the high number of dependents coming to the U.K. and increasing the minimum salaries required for overseas workers and family visa applications. The statement of changes published by the Home Office confirmed the increases to the minimum general salary threshold and going rates for skilled workers as well as increases to the minimum income threshold for those bringing dependents on family visas.
The Home Office announced increased fines for employers and landlords who employ or rent to illegal migrants. The increased fines represent the largest increase in civil penalties since 2014. The measure is designed to identify and reduce illegal migration and ensure only those eligible are able to work and receive benefits or access public services. Since the start of 2018, almost 5,000 civil penalties have been issued to employers with a total value of £88.4 million.
The U.K. Parliament officially approved a new law increasing immigration health surcharge fees, effective Feb. 6, 2024, as well as announced new fees for legalizing public documents starting Jan. 1, 2024. The 66% increase to the health surcharge is an element of a broader strategy to increase fees to help fund pay raises for certain public sector jobs. As part of that effort, work and visit visa fees increased by 15%, family visas and settlement and citizenship visas by 20% and student visas by 35%.
Most recently, the Home Secretary announced on July 31 that the planned increase to the minimum income threshold for those bringing dependents to the United Kingdom on family visas is on hold. The Home Secretary also stated that the Migration Advisory Committee will review key sectors within international recruitment, including IT and engineering. The ministerial statement demonstrates a continued support for the changes announced earlier this year, including increases to salary thresholds for skilled workers and health and care workers. Other proposed changes include eliminating the ability for health and care worker visa holders filling care worker and senior care worker roles to bring dependents with them and an end to the 20% “going rate” salary discount for shortage occupations. The statement highlights the Labour Party’s new legal migration objectives and reintroduces expected reforms to migration policy. British citizens and those settled in the U.K. who want their family members to join them will not be impacted by the planned hike to the minimum income threshold yet.
Electronic Travel Authorization program
The government is creating an Electronic Travel Authorization (ETA) program that will require travelers who do not need a visa to apply for authorization to enter the U.K. The ETA will be valid for two years for multiple entries into the country. Individuals who are denied an ETA must apply for a standard visitor visa, temporary work — creative worker visa or transit visa. The program initially launched for nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates, and it is expected that by the end of 2024, ETA will be required for all visitors who do not need a visa for short stays, including those visiting from Europe and other countries including Australia and the United States. The Home Office is introducing ETA to increase border security and better monitor travel for those who do not need a visa to enter the country.
In addition, the rules for travel to most European countries are rapidly changing as well. Starting in the first half of 2025, an estimated 1.4 billion people from over 60 visa-exempt countries will be required to have a travel authorization to enter 30 European countries for a short stay. EU Commissioner Ylva Johansson recently announced the official commencement date for the new Entry/Exit System (EES) and the European Travel Information and Authorization System (ETIAS).
EES, originally part of a “Smart Borders” initiative, is an automated system for registering non-EU nationals traveling for a short stay — up to 90 days in a 180-day period — that will record each time an individual crosses an external Schengen area border. It will replace passport stamping and require travelers to have biometric data (facial images and fingerprints) recorded upon entry. It was originally expected to take effect during the first half of 2022 but will now launch Nov. 10, 2024.
EES differs from ETIAS, which is an entry requirement for visa-exempt nationals traveling to any of 30 European countries. It is linked to a traveler’s passport and allows individuals to enter for short-term stays up to 90 days in any 180-day period. ETIAS will require travelers from the 63 countries currently approved to travel into the EU visa-free to register for a visa waiver before arriving in the Schengen area and is expected to launch in 2025.
EU authorities have stated that the new systems will provide vital information necessary to identify those who have stayed in the EU longer than allowed, who do not have the right to enter the EU, or those who are involved in criminal or terrorist activity and assess potential security risks. Schengen-participating states may benefit by being able to better manage their external borders and improve internal security. Travelers may also benefit by obtaining earlier indications of their admissibility and making legal travel across Schengen borders easier.
The Fifth Republic, France’s current republican semi-presidential system of government, consists of an executive branch, a legislative branch and a judicial branch. Executive power is exercised by the president of the republic and the government. The government consists of the prime minister and the parliament, made up of the National Assembly (Assemblée nationale) and the Senate (Sénat). The prime minister is appointed by the president, who is the directly elected head of state.
On June 9, current President Emmanuel Macron dissolved the lower house of France’s parliament in a surprise announcement. Legislative elections were held June 30 and July 7 to elect all 577 members of the 17th National Assembly of the Fifth French Republic. The move by Macron came in response to the European Union’s parliamentary election, where France elected 81 members of the European Parliament. Macron himself was not a candidate in the EU elections, and his term as president runs for three more years. The far-right National Rally party, led by Marine Le Pen, made substantial gains in that EU election, however, and Macron’s Besoin d’Europe electoral list lost a significant number of seats.
In the 2022 legislative elections, Macron’s centrist party won the most seats but lost its majority in the National Assembly. Le Pen was the runner-up to Macron in the last two presidential elections and “welcomed” Macron’s move to dissolve the National Assembly and call a snap election. Macron’s decision was a massive political risk that could have drastically impacted the rest of his presidential term, which ends in 2027. In his address, Macron justified his decision by the “historic score of the far-right” that could not be ignored and called the rise of nationalism by agitators a threat to France, Europe and France’s place in the world.
Three alliances emerged on top after the recent election. Each fell short of an outright majority, where a party or coalition needs to secure at least 289 of the National Assembly’s 577 seats. The New Popular Front (NFP), an alliance of leftist and environmental parties, won the largest number of seats with 188. Ensemble, the centrist coalition led by Macron, came in second with 161 seats. Finally, National Rally (RN) and its allies, led by far-right leader Le Pen, won 142 seats. Macron said “no one won” the parliamentary election and called on mainstream parties with “republican values” to form a governing alliance. As a consequence, nobody can propose the name of a prime minister with the assurance that they would get the support of a majority of lawmakers in a vote.
France’s divided National Assembly kept Speaker Yaël Braun-Pivet, a centrist member of Macron’s party and head of the National Assembly since 2022, as speaker after three rounds of votes in the lower house of parliament. Macron accepted the resignation of Prime Minister Gabriel Attal, and there is no firm timeline for when the president must name a new prime minister as the government continues to operate and work toward a coalition.
As of Aug. 27, Macron continues to maintain the current centrist caretaker government, which has led France since the July 7 vote and through the Paris Olympics. The NFP announced its preferred candidate for prime minister, Lucie Castets, after their bloc won the most seats in parliament during the snap elections. Macron has rejected the nomination and talks are currently underway to nominate a government.
Without a majority in the National Assembly, Macron faces a strong challenge from the far right and is reliant on parties outside the government to get legislation through. His government managed to push through a new comprehensive immigration law with the backing of right-wing Republicans and the far-right RN, and, in order to get the bill through, the government accepted a series of amendments such as limiting family reunifications and reducing access to welfare. Future immigration bills will be impacted by the new coalition government. The priorities of Macon’s administration are combating illegal immigration but also promoting the integration of foreign nationals in France. The challenge of the far right will continue to be a focus point from an immigration policy perspective.
In preparation for Paris hosting the 2024 Summer Olympic Games, French authorities began operating a new Olympic consulate system for processing the anticipated high volume of visa applications entirely online via the government’s France-Visas platform. The Olympic consulate system represents France’s first venture into processing e-visas and a similar digitalized visa process. The French government later launched a new digital tool that will alert foreign nationals when it is time to renew their residence permit. The new digital program is designed to help foreign nationals request renewal of their residence permit in a timely manner and avoid late fees as well as limit the need for issuance of provisional documents.
The government is also undertaking additional efforts to relax rules related to the taxes paid by French companies that hire foreign nationals from outside the European Union/European Economic Area/Switzerland. A recently released policy provided a benefit for employers of French residence permit holders, for whom they no longer need to pay the foreign worker tax. This measure is part of an effort to streamline the immigration process and ease the process for French employers seeking to attract and hire foreign talent.
New immigration law
The French government published a new comprehensive immigration law on Jan. 27 that included provisions for a new residence permit for medical professionals and a residence permit allowing for the regularization of certain undocumented workers. The bill also introduced a French-language proficiency requirement for multiyear residence permit holders while also installing limits on repeated renewals of certain temporary residence permits. The law was originally passed in December 2023, but several provisions were later struck down by the Constitutional Council. After right-wing and far-right pressure, most of the measures rejected by France’s nine-member Constitutional Council were later added back into the controversial bill. Le Pen supported the legislation after it was passed in December and the bill received popular protests. The new law includes important amendments surrounding residency and citizenship intended to combat irregular migration. Permit holders should prepare in advance for when the changes will take effect. The renewal limitation for temporary residence permits took immediate effect, but the higher language proficiency changes are expected to be in force by Jan. 1, 2026.
North America remains a complex economic landscape. Significant elections are taking place in the USA. Canada is an attractive destination for both economic opportunities and its inclusive immigration policies.
Mexico is a federal republic composed of 31 states and the federal district Mexico City. The constitution divides governmental powers into executive, legislative and judicial branches — the presidency, the congress and the courts. At the federal level, the president of the United Mexican States is head of the executive branch and serves as the chief of state and army. The president is directly elected by the people for a six-year term. Presidential reelection is prohibited in the constitution. The federal legislative branch is a bicameral legislature known as el Congreso de la Unión. Legislative authority is divided into an upper chamber, la Cámara de Senadores, and a lower chamber, la Cámara de Diputados. The upper chamber has 128 members (senators) who are elected for six-year terms and may be reelected for up to two consecutive terms. The lower chamber has 500 members (deputies) who serve three-year terms. Deputies are eligible for reelection for up to four consecutive terms.
General elections were held on June 2 to elect a new president to serve a six-year term, as well as all 128 members of la Cámara de Senadores and all 500 members of la Cámara de Diputados. The world’s most populous Spanish-speaking country held its largest ever elections with an estimated 98 million voters. Claudia Sheinbaum of the Morena political party was the top contender to succeed President Andrés Manuel López Obrador. Xóchitl Gálvez of the Fuerza y Corazón por México party served as opposition along with Jorge Máynez of the Citizens’ Movement party. This was the first general election in Mexico’s history in which the main contenders for the country’s presidency were women. The newly elected president’s foreign affairs policies will be significantly impacted by the outcome of the 2024 U.S. presidential election, and the outcome of the Mexican elections will not only have a tremendous impact on regional neighbors but also the European Union (EU).
On June 2, Claudia Sheinbaum won the presidential election with almost 60% of votes. The Morena-led coalition also received the most votes in the legislative elections and secured a two-thirds majority in the lower house. The former Mexico City mayor will become the first female president in the country’s 200-year history and will start her six-year term on Oct. 1. The election will continue the legacy of the Morena party that is currently being led by López Obrador, who was elected president in 2018.
The newly elected leader in Mexico will have an important task leading one of the most powerful countries in the Americas and managing a complicated relationship with the United States, specifically as it concerns the response to a growing irregular regional migratory situation. President-elect Sheinbaum has stated that she will continue López Obrador’s policies on migration, mainly providing increasing economic aid and other possible solutions to Guatemala, Honduras and El Salvador to address the root causes of migration. Economic instability and safety concerns may also be a driver of increased internal displacement of professionals and investors leaving Mexico.
Sheinbaum won the election largely on a message of continuity with López Obrador, including policies restricting private and foreign investment in oil, gas and electricity. Mexico’s next president will need to decide whether to reopen the country’s oil, gas and electricity sectors to foreign investment. The new administration may try to propose new solutions to these issues from the previous administration, but this may also be determined by how things evolve in the U.S. elections in November.
The U.S. Embassy and its nine consulates throughout Mexico issued 2.3 million visas in 2023, the highest number to date. Recently, the U.S. Embassy in Mexico City launched a program allowing first-time B1/B2 visitor visa applicants to move appointments to an earlier date without additional fees. The new program is designed to reduce wait times for hundreds of thousands of applicants and facilitate travel for more Mexican nationals to the U.S.
Internationally, the Mexican government recently announced that Peruvian nationals arriving for tourism or business will now require a Mexican visa to enter the country. The government of Peru later announced a similar policy for Mexican nationals traveling to Peru for short-term business travel and visits in response. Mexico has also recently suspended diplomatic relations with Ecuador and ordered all Mexican diplomatic personnel in Ecuador to return to Mexico. The Embassy of Mexico in Quito has suspended all services, including consular services, until further notice.
Under bilateral agreements, certain nationalities are eligible for temporary nonimmigrant visas in the United States, including the TN classification for citizens of Mexico in designated professional categories. The TN classification was created by the North America Free Trade Agreement (NAFTA) and continued in the United States-Mexico-Canada Agreement (USMCA). The USMCA entered into force on July 1, 2020, and created a reciprocal policy supporting high-paying jobs and economic growth in the three North American countries. The USMCA has a review clause dated July 1, 2026, at which time each nation will need to confirm in writing whether or not they will continue the agreement. The new Sheinbaum administration will have an important decision to make whether or not to renew the agreement, and even though the six-year review is two years away, the continuation of this important bilateral agreement will be a significant focus point for the business communities in all three countries for the foreseeable future.
The bicameral legislature of Canada is made up of the Crown, the Senate (upper chamber) and the House of Commons (lower chamber) of the Parliament. Currently in session is the 44th Canadian Parliament, which began Nov. 22, 2021, led by the Liberal Party minority government under the premiership of Justin Trudeau and supported by the New Democratic Party. Their official opposition is the Conservative Party.
By-elections (special elections) to the 44th Canadian Parliament are being held this year to fill vacancies in the House of Commons, including a recent by-election that was held in the federal riding of Toronto—St. Paul’s in Ontario on June 24. The election was won by Conservative Party candidate Don Stewart, making him the first Conservative MP since 1993 to represent the riding.
Additional by-elections are expected in four other electoral districts in 2024 before the 45th Canadian federal election will take place on Oct. 20, 2025, to elect members of the House of Commons to the 45th Canadian Parliament.
The recent by-election in the federal riding of Toronto—St. Paul’s was considered a referendum on the premiership of Prime Minister Trudeau and the current ruling Liberal Party. Prior to the by-election, Toronto—St. Paul’s was considered a safe Liberal seat and had been held since the 1993 federal election.
The Liberal Party suffered a major upset in the special election, and rising doubts toward leadership prompted Trudeau to comment that, “These are not easy times … and it is clear, that I and my entire Liberal team, have much more hard work to do to deliver tangible, real progress that Canadians can see and feel.” Trudeau intends to lead the party into the next election, and further changes in immigration policy may be expected as the administration attempts to create real progress that balances key foreign investment and fills skill gaps in key sectors, while at the same time creating stricter policies to balance the needs of Canadian workers.
The Canadian government is making important updates to encourage immigration in key sectors, while at the same time creating stricter policies to balance the needs of Canadian workers. In 2023, the Canadian government launched the Tech Talent Strategy to attract highly skilled foreign nationals to live and work in the country. The strategy created an open work permit stream for H-1B specialty occupation visa holders in the United States to apply for a Canadian work permit and offered study or work permit options for their family members. An Innovation Stream under the International Mobility program was also created to attract highly talented individuals, and improvements to the Start-up Visa program were prioritized as part of this effort.
Alternatively, reforms to the post-graduation work permit program and international student permits are designed to better align with labor market needs and alleviate growing pressures on housing, healthcare and other services, and reduce growing migration levels by targeting temporary residents and international students. These reforms include:
Recent diplomatic disagreements
In an attempt to relieve pressure on their immigration system and strive for a balanced migration policy that aligns with domestic priorities, including housing and affordability, the Canadian government reimposed visa requirements for some Mexican nationals amid a surge in asylum claims, the majority of which are ultimately denied. Current President Andrés Manuel López Obrador of Mexico offered a “respectful” criticism of Canada’s decision and indicated that Mexico would act with “prudence” in response.
Tensions between Canada and India also escalated recently following the Canadian government’s announcement reducing its number of employees in India from 27 to five in direct response to the Indian government’s decision to remove certain immunities for Canadian diplomats and demand parity in diplomatic staffing. The changes with both India and Mexico have increased the time and money required to travel and delays in overall processing times.
Changes in permanent residency policy
The Canadian government has also released new initiatives to ensure the integration of immigrants within the country, create more inclusive citizenship policies and increase permanent residency pathways. Parliament introduced legislation that would extend citizenship by descent beyond the first generation and provide an opportunity for those with extended family ties in Canada to apply for permanent residency.
In addition, officials announced a new policy that allows Hong Kong permanent residence pathway applicants to extend their status and apply for new work permits while their permanent residence applications are pending. The policy also created a new humanitarian permanent residence pathway for up to 11,000 Colombian, Haitian and Venezuelan nationals who have extended family connections in Canada.
Digital nomad/remote work
Canadian officials recently provided additional guidance on the requirements for digital nomads. Officials clarified that an individual only needs visitor status to relocate to Canada while they perform their job remotely for a foreign employer or, if they are self-employed, work for themselves or provide services to clients outside of Canada. A person may enter as a digital nomad to work remotely for up to six months at a time and additional documentation is not required. If intention to find a Canadian employer is declared at that time, or if an individual finds an employer who wishes to hire them while in Canada, they will need to apply for a work permit. Individuals still need to speak with immigration authorities and confirm their intention to leave at the end of their authorized stay.
The previously discussed Tech Talent Strategy promoted Canada as a destination for digital nomads and created improvements to the Start-up Visa program, developed an Innovation Stream under the International Mobility program to attract highly talented individuals, returned to the 14-day service standard for work permits under the Global Skills Strategy and created a STEM-specific draw under category-based selection to issue additional invitations to apply under the Express Entry program. The Tech Talent Strategy, and specifically the creation of the digital nomad program, are designed to attract and retain highly skilled foreign nationals to live and work in the country.
This alert has been provided by the BAL Global Practice Group.