WR Immigration’s November global immigration recap includes the latest on the UK’s public consultation regarding changes to Settlement requirements, Canada’s Immigration Levels Plan for 2026-2028, Japan’s updated eligibility criteria for Business Manager Visa applicants, the Netherlands’ new recordkeeping obligation for recognized sponsors, and much more.
UK – Government Opens Public Consultation on Changes to Settlement Requirements
The Government has opened a public consultation on significant changes to Settlement eligibility requirements that were first proposed in the Immigration White Paper released earlier this year. The most controversial of the proposed changes involves an increase in the Settlement (also known as Indefinite Leave to Remain) qualifying period from 5 to 10 years for most foreign nationals, including those already working toward ILR status.
It is important to note that the proposals outlined below have not yet been enacted and remain subject to modification in the final legislation. The consultation will remain open until February 12, 2026, and any changes are expected to be implemented in April 2026.
Additionally, the Home Secretary has confirmed that the following groups are exempt from any changes to Settlement requirements:
- Spouses, partners and children of British citizens and BN(O)s;
- People with Settled Status under the EU Settlement Scheme;
- Windrush Scheme applicants;
- Serving members of HM Armed Forces and their families; and
- Those who already have Settlement status.
Key Proposals to Amend Settlement Eligibility and Benefits
1. Baseline Settlement Period Raised to 10 Years
If approved, the baseline Settlement qualifying period would be increased from 5 to 10 years. Other important changes include:
a. Exceptions for earned income, English language skill and volunteering – The qualifying period may be reduced by as much as seven (7) years for some foreign nationals.
- Earned income – Foreign nationals who earn a taxable income of £50,270 for three years immediately prior to applying may be granted Settlement after five (5) years, while those who earn £125,140 during this same period may be eligible in as little as three (3) years.
- English language skill – A C1 English level would reduce the Settlement qualifying period by one (1) year.
- Volunteering – Contributions to the community may result in a 3-5 year reduction in the qualifying period.
b. Dependent Settlement eligibility to be assessed separately – Dependent Settlement eligibility would no longer be tied to the primary applicant. Dependent spouses would need to meet an income requirement of £12,500 in annual earnings for a minimum of 3-5 years prior to applying.
c. Penalties for some applicants – The Settlement qualifying period may be increased by 5-20 years for applicants who have received public funds, arrived illegally, arrived on a visit visa, or overstayed their visa by more than 6 months.
Important note: The long-residence (10-year lawful stay) route would be removed. Anyone eligible for Settlement under this route should consider applying ASAP.
2. 15-Year Settlement Period for Lower-Skilled Sponsored Workers
The Settlement qualifying period for Skilled Workers in roles below RFQ Level 6 would be raised to 15 years. This includes most Health and Care Visa holders.
3. Possible Restrictions on Public Funds for those with Settlement
The Government is considering creating a two-tier Settlement system, which would restrict access to public funds for some. Currently, all Settlement holders are eligible to receive public funds.
Any changes that are enforced retroactively – that is, changes that will impact those already working toward Settlement status – are expected to be strongly disputed in court. Affected individuals are encouraged to join the consultation here.
Canada – Latest Immigration Levels Plan Released; Changes to Canadian Citizenship by Descent
Immigration Levels Plan (2026-2028)
Canada has outlined its immigration strategy for the upcoming years, focusing on sustainability while meeting labor and economic needs.
1. Permanent Residents:
Annual admissions will hold steady at 380,000, with a greater emphasis on economic immigration. Express Entry and Provincial Nominee Programs remain key pathways, with occupation-based draws continuing and priorities shifting throughout the year.
2. Temporary Residents:
Overall numbers will decline, driven by the removal of Open Spousal Work Permits for spouses of most lower and mid-skilled workers, international students and post-graduate work permit holders. This is also driven by a reduction in international student arrivals from 305,900 to 155,000.
High-skilled categories under the International Mobility Program (such as intra-company transferees and free trade professionals) remain uncapped, and LMIA-based permits are not targeted for cuts, though approvals may tighten due to economic conditions. Spouses of high-skilled workers will still qualify for open work permits.
Annual NOC Prevailing Wages Announced
The annual National Occupation Classification (NOC) prevailing wages have also been released. Employers who participate in the Temporary Foreign Worker (TFW) Program are reminded of their duty to review and adjust the salaries of all LMIA-based work permit holders to ensure compliance with the revised prevailing wages. All salaries must meet or exceed the prevailing wage for the occupation and location. To remain compliant, employers must adjust any salary found to be below the prevailing wage no later than January 1, 2026. Note that wages can never fall below those listed in the positive LMIA. Employers found to be in violation may be fined or banned from the TFW program.
The new NOC prevailing wages can be found here.
Changes to Canadian Citizenship by Descent
Canada has enacted Bill C-3, removing the long-standing “first-generation limit” that prevented many Canadians from passing citizenship to children born outside the country. This change opens new eligibility for individuals with Canadian ancestry who were previously excluded.
Under the new rules, people born abroad before the law takes effect may qualify for citizenship if they can show a direct line to a Canadian-born parent, grandparent, or great-grandparent. Going forward, Canadians will also be able to transmit citizenship beyond the first generation if they have spent at least three years in Canada before their child’s birth or adoption. The law also restores citizenship to many “Lost Canadians” and their descendants who lost Canadian citizenship due to certain changes to the Citizenship Act.
IRCC will release updated forms and guidance once implementation begins. If you think these changes may impact you or your family, our team can assist with eligibility assessments, documentation and applications. Please contact us for tailored support.
Netherlands – New Recordkeeping Obligation for Recognized Sponsors
In the Netherlands, pay slips will no longer suffice as proof that a recognized sponsor has paid a highly skilled migrant or EU Blue Card holder’s salary. Beginning on January 1, 2026, employers will be required to retain bank statements or batch payment overviews showing that the foreign national’s salary has indeed been deposited into their account. Employers are encouraged to update their internal recordkeeping protocols to ensure compliance with this new requirement.
Japan – New Eligibility Criteria for Business Manager Visa
Japan has introduced new eligibility criteria for its Business Manager Visa in an effort to attract seasoned entrepreneurs and investors who can contribute to innovation and job creation in the local economy.
To qualify for the Business Manager Visa, applicants must now meet the following requirements:
- Capital in the amount of 30 million yen (the previous capital requirement was only 5 million yen);
- Three (3) years of managerial experience or a master’s degree or higher;
- Hire at least one (1) full-time employee;
- A business plan certified by an approved accountant; and
- Japanese proficiency – Please note that this requirement can also be satisfied by hiring an employee who is proficient in the Japanese language.
Additionally, outsourcing or minpaku private lodging businesses have been excluded from eligibility.
The validity period for the Business Manager Visa ranges from 1 to 5 years and is subject to both compliance and performance. The government will now review tax and social security payment records prior to renewal to ensure adherence to local laws and regulations.
Malaysia – New Departure Notification Requirements for Employers
Mandatory Pass Shortening Prior to Departure
If a foreign national employee will be permanently leaving Malaysia prior to their Pass expiration date, employers are now required to submit a Shorten Pass application via the online Expatriate Services Division (ESD) portal before their departure. This requirement applies even if the Pass is set to expire within three (3) days of the scheduled departure. A Shorten Pass slip will be generated within the ESD portal and should be carried by the Pass holder when exiting the country.
Exit Clearance for Expired EP/PVP Holders
All Employment Pass (EP) and Professional Visit Pass (PVP) applications approved within the ESD portal from November 18, 2025, onward are subject to a new Exit Clearance requirement. Employers are now obligated to complete an Exit Clearance application for any Pass holders for whom a Shorten Pass or renewal application has not been submitted. The Exit Clearance must be completed via the ESD portal within 30 days following Pass expiry. Expired passes will be automatically detected within the portal, and employers must upload supporting documents, including a copy of the Pass holder’s passport and proof of exit, to complete Exit Clearance.
Failure to comply with this requirement may result in restrictions to the employer’s ESD account, including the inability to submit and pay for new Pass applications until Exit Clearance obligations have been met.
South Korea – New K-STAR Visa Track for University-Affiliated STEM Professionals
The Republic of Korea has announced a new K-STAR Visa Track for highly skilled science and technology professionals who graduate from, or are otherwise affiliated with, a participating national university. This visa track offers a streamlined pathway to permanent residency and eventually citizenship for qualified foreign STEM experts and is part of a broader strategy to boost innovation and competitiveness in advanced technologies in South Korea, including artificial intelligence, biotechnology and engineering.
Australia – Increase in Subclass 400 Refusals for Indian Nationals
We have seen a marked increase in Subclass 400 refusals for Indian nationals recently.
Subclass 400 visa applications are being reviewed with increased scrutiny, largely due to a reported misuse of the visa. Given the lengthy processing times for other temporary work visas, such as the Subclass 482, some applicants are allegedly using the Subclass 400 as a way to bypass the long wait times and additional requirements associated with the Subclass 482 to enter Australia, with the intention of staying beyond the time permitted by their visa.
Additionally, visa officers have cited a lack of incentive for the applicant to return home following their stay in Australia as the reason for refusal, primarily due to their purported economic circumstances in India. In some cases, the decision has been overturned upon further inquiry into the reason for refusal. In response to this trend, some employers have taken the rather drastic measure to only send married employees on assignment to Australia for the time being, in the hope that the marriage will demonstrate sufficient motive to return to India.
China – Digital Arrival Card Now Available to Travelers
Foreign nationals required to complete an arrival card for China now have the option to submit this card online in advance of their arrival. Travelers will need to enter their passport details and basic information regarding their visit to China on the National Immigration Administration (NIA) website and present the QR code generated to immigration officers upon entry. While this digital arrival card will eventually replace the paper form traditionally used, travelers will still have the option to fill out the paper version or utilize an electronic kiosk at the port of entry to complete their arrival card.
Thailand – Authorities Crack Down on “Visa Run” Pattern Among Tourist Visa Holders
Immigration officials in Thailand are more closely monitoring tourist visa holders who show a clear “visa run” pattern in an effort to identify foreign nationals who may be utilizing the visa for non-tourist purposes. Specifically, tourist visa holders who stay in Thailand for the full 60 days allowed under this visa category (90 days if the visa has been extended in-country) and re-enter after a brief 1-2 day stay in a neighboring country will be flagged in the system after the second such exit. As a result, these individuals are likely to face questioning upon the third entry. Those who are unable to demonstrate a reasonable and genuine purpose of stay may be turned away, though the decision is entirely at the discretion of the border agent.
India – Tourist Visa Restriction Lifted for Chinese Nationals
The Indian government is once again issuing tourist visas to Chinese nationals after a prolonged hiatus. While Chinese nationals remain ineligible for Indian tourist e-Visas, they may now apply for consular tourist visas in their place of residence.