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EIG Dispatch | May 26, 2017

May 26, 2017

HIGHLIGHTS

  • Federal Court of Appeals Maintains the Block on Revised Travel Ban
  • Update – India: Foreign Nationals Exempted from Aadhaar Requirement
  • Argentina Eases Business Travel for Citizens of 35 Countries

Federal Court of Appeals Maintains the Block on Revised Travel Ban

On Thursday, May 25, 2017, the Federal Court of Appeals for the Fourth District of the United States upheld the temporary restraining order that was imposed on President Trump’s revised travel ban by a U.S. Federal District Court in Maryland. This is the first Federal Appeals court to rule against President Trump’s challenges to the injunctions imposed by lower federal courts on the revised Travel Ban issued on March 6, 2017. As a result of this decision, the nationwide hold on the implementation of Sections 2 and 6 of the revised travel ban remain in effect.

The nationwide injunction imposed by the U.S. Federal District Court Judge in Hawaii will be reviewed by the Federal Court of Appeals for the Ninth Circuit. EIG will continue to closely monitor the situation and will provide updates as information becomes available.


Update – Changes to Australia’s Subclass 189 Visa and Citizenship Requirements

As previously reported, the Australian government is continuing to implement changes to its immigration system as announced in April 2017. Effective July 1, 2017, Australia will institute a new permanent visa stream within the Skilled Independent (Subclass 189) Stream, which will provide a pathway for permanent residence to citizens of New Zealand who meet certain requirements. Under this new stream, New Zealanders currently holding a Subclass 444 visa and who were residents of Australia on or before February 19, 2016, demonstrate continuous residence in Australia for at least five years, and meet additional criteria will qualify for permanent residence. The existing Skilled Independent (Subclass 189) Stream continues to be open to all nationalities and the application process remains unchanged, but it will be renamed Skilled Independent 189 (points-tested) Stream on July 1, 2017.

Australia also recently implemented changes to eligibility requirements for foreign nationals to become citizens. The changes include an increase in the number of years of residence required for eligibility from one to four years; a two-year ban for submitting new applications for individuals who fail the citizenship test after three attempts (currently, there are is no limit to the number of times an individual can retake the test); and the requirement for the applicants to demonstrate integration to the Australian community. In addition, the pledge of commitment has been strengthened and the citizenship test has been revised to include more questions regarding Australian values, privileges, and responsibilities.

EIG will continue to monitor the changes in Australian immigration policies and will provide updates as information becomes available.


Argentina Eases Business Travel for Citizens of 35 Countries

Argentina has removed the visa requirements for certain business travelers. Citizens of the thirty-five member countries of the Organization for Economic Cooperation and Development (OECD), are now exempted from visa requirements for business trips to Argentina of up to 90 days. However, the purpose of the trip may not involve activities for which remuneration will be received.  Citizens of the thirty-five OECD member countries will benefit from this measure, including citizens from the US, Canada, United Kingdom, France, Italy, Spain, Japan, Korea, and Australia.