Schengen Area became the most visited countries in recent years, as the migration of individuals from Africa to Europe gained significant attention.

The allure of better opportunities, a more stable economy, and a diverse culture continues to draw many Africans to the continent. However, navigating the complex web of immigration laws can be a daunting task, with many potential migrants facing disappointment and frustration as their dreams are left unrealized. In this article, we will delve into the likely-to-miss immigration laws that often trip up African aspirants, providing valuable insights and expert advice to help you achieve your goals.

Understanding the Schengen Visa System

Before delving into the intricacies of immigration laws, it is essential to understand the Schengen Visa System. The Schengen Area consists of 29 European countries that have abolished border controls and established a single visa policy. This means that, in theory, citizens of non-Schengen countries can enter, live, and work in the region without restriction. However, the devil lies in the details, and there are several immigration laws that can hinder or even prevent African citizens from exercising this right.

Residence permits are a crucial aspect of European immigration law. In order to reside in a Schengen country, you must obtain a residence permit, also known as a residence card. This permit grants you the right to stay in the country for a specific period, usually between 1-3 years.

To qualify for a residence permit, you typically need to demonstrate a genuine reason for staying in the country, such as a job, study, or family ties. However, the application process is often lengthy and demanding, requiring extensive documentation and proof of financial stability.

The Schengen Zone consists of 29 European nations that share border regulations. It allows travelers to freely travel between countries that are part of the agreement.

Countries In the Schengen: Austria, Bulgaria, Weatern Europe, Croatia, Czechia, Denmark, Estonia, Finland, Western Europe, Germany, Greece, Hungary, Iceland, a Nordic island country in the North Atlantic Ocean, Italy, Latvia Liechtenstein, Lithuania, Luxembourg, Malta, Holland, Norway, Central Europe, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland

The Schengen Area has served as a gateway to numerous captivating European destinations, attracting travelers for quite some time. By 2024, this entry point will see major updates to the Schengen Visa process.

These changes are crucial for all potential travelers to be aware of, from updated systems to revised regulations. You must be aware of these Schengen laws.

An Overview Of ETIAS – Entry/Exit into/from Schengen Countries

ETIAS (European Travel Information and Authorization System) will be required for travelers from visa-exempt countries entering the Schengen Zone starting in 2024, becoming a standard procedure.

Like the U.S. ESTA, ETIAS is a pre-authorization system and not a visa. Before embarking on their journey, travelers must submit an online application containing essential personal and travel details. The goal is to improve border security without compromising travel convenience.

Most authorizations are expected to be issued within minutes, resulting in a quick process. Nevertheless, it is important to recognize that ETIAS is required, and failure to obtain authorization may lead to being refused entry at the border of any Schengen country.

The implementation of the EES and ETIAS will bring about major changes in the way individuals travel into and out of the EU or Schengen area. For temporary guests, this involves adapting to different border processes and preparing in advance for ETIAS authorization.

Once you have signed up for the EES, future journeys should be easier since your details will already be on file. Long-term visitors and migrants may not see the impact as clearly on a daily basis, but the EES will simplifying the process of monitoring overstays for authorities.

This might result in more stringent visa rule enforcement and potentially impact upcoming visa requests of individuals who exceed their authorized stay length. These systems improve the EU’s capacity to oversee and manage entries and exits, within the context of wider Schengen visa policies.

The purpose of their design is to collaborate in order to establish a border management system within the Schengen area that is both more secure and efficient.

US TRAVEL CHANGES

Updates to US Employment-Based Immigration

Key alterations in US immigration laws in 2024 involve family-based immigration, employment-based immigration, visa requirements, and programs such as DACA. These adjustments were made to streamline specific immigration procedures and to align certain requirements with the current situation in the country and political priorities.

Recent developments have brought about substantial modifications to the employment-based immigration system. These adjustments were made to tackle shortages of labor in specific sectors and draw in proficient workers. For instance, alterations to the H-1B visa program have been made to prioritize the benefits for the applicant and simplify the application process. Changes such as offering the option for flexible start dates based on the specific application are being considered.

With the implementation of new immigration laws focusing on employment, there is updated policy direction on the “Ability to Pay” criteria for potential employers. These laws guarantee that immigrants who are employed under work visas receive the exact wages specified in their employment agreements with their employers. If a company fails to comply with their agreement, they could face legal consequences.

Changes to Immigration Policies for Family-Based Cases

Several recent reforms have been implemented that affect immigration based on family ties. Close family members of US citizens, including children under 21, parents, and spouses, will experience a simplified visa application process with the implementation of digital tools in 2023. These tools streamline the process of submitting and verifying documents while also enhancing involvement and providing updated instructions for family-based green card applications.

Changes to DACA Immigration Policy

In 2024, new immigration regulations have made the process of applying for visas easier for US college graduates, including those who have received DACA. Numerous individuals who arrived in the United States as children and are protected by DACA are now thriving professionals with families. New laws have been put into place by the present government to assist these individuals.

Due to modifications in the DACA legislation, people who have graduated from recognized US schools can now have a smoother process to get a work permit once they receive a job offer in a field that aligns with their degree. The recent adjustments demonstrate the current government’s dedication to utilizing the knowledge and expertise of individuals educated in the US to boost the country’s economy.

US Green Card Validity Extension

In a recent update, U.S. Citizenship and Immigration Services (USCIS) announced a significant extension to the validity period for Green Cards. Effective September 10, 2024, lawful permanent residents who file Form I-90 to renew their expiring or expired Green Card will now receive a 36-month extension.

Previously, USCIS issued a 24-month extension for pending Form I-90 applications. However, to provide additional time for processing, the agency has increased the validity period to 36 months. This change will benefit many Green Card holders, offering them greater flexibility and security during the renewal process.

To reflect this change, USCIS has updated the language on Form I-90 receipt notices. Individuals who have recently filed a Form I-90 renewal request may receive an amended receipt notice with the 36-month extension.

This extension is a positive development for Green Card holders, allowing them to maintain their legal status and avoid potential immigration-related issues during the renewal process.

UK IMMIGRATION MODIFICATIONS

The Home Office has published a statement of changes to the Immigration Rules which will affect immigration applications for the UK. The statement was published on 10 September 2024. The changes will take effect on dates throughout the end of 2024 and early 2025, outlined below. 

We aim to draw attention to a significant modification in this Statement for Students seeking immigration authorization under the ‘Student’ route on or after 2 January 2025.

The funds students need to show for demonstrating they meet the maintenance criteria will rise if they apply for the Student route on or after January 2, 2025. The updated quantities are listed below:

£1483 per month in London, with a maximum duration of 9 months.

£1136 per month outside of London for a maximum of 9 months.

The highest possible amount of money that can be deducted for housing will also be raised to match the modifications to the maintenance criteria. The cost will amount to £1483 for individuals who are applying through the Student route starting from 2 January 2025.

Section 9- General Reasons for Refusal

Starting from 8 October 2024, the reasons for which an immigration officer can deny entry into the UK will also be considered for refusal of entry clearance applications.

Additional adjustments are being implemented for individuals who are denied immigration permission or entry clearance due to deception or non-compliance with permission conditions. As of 8 October 2024, individuals must be at least 18 years old at the time of the breach to classify it as a prior violation of immigration regulations.

Children’s appendix

From 8 October 2024, a slight adjustment will be made to the rule for parental consent if an applicant under 18 is not seeking UK immigration as a dependent child. The Rules now specifically stipulate that written consent from parent(s) or legal guardian is necessary for the applicant’s application, living arrangements, travel to, and reception in the UK, rather than just endorsing it.

As of 8 October 2024, individuals aged 18 and above applying through this appendix must have been granted permission as a dependent child of their parent(s) prior to the new application, with a valid or recently expired permission within 14 days. This exemption does not pertain to individuals above 18 years old who are applying as a dependent child under Appendix Bereaved Partner or Appendix Victim of Domestic Abuse.

Starting from 8 October 2024, the range of nationalities that will need an ETA to visit the UK as a Visitor or Creative Worker will be increased. The new Appendix ETA National list will contain the list of nationalities. This list will detail two sets of countries that will need an ETA to travel to the UK, starting on 8 January 2025 and 2 April 2025.

Starting from 8 October 2024, the Rules will include two additional grounds for refusal for applications. The Explanatory Memorandum provides a breakdown of the reasons for rejection.

What are the five major modifications for UK Travels?

• Social care workers can no longer bring partners and children on their visa.

• The minimum salary required to be sponsored for a Skilled Worker visa has risen from £26,200 to £38,700, and the job-specific ‘going rate’ minimum salary has also increased substantially.

• The roster of occupations eligible for sponsorship for a Skilled Worker visa at a lower minimum wage has been condensed and rebranded as the Immigration Salary List.

• The minimum income needed to sponsor a spouse/partner visa has increased from £18,600 to £29,000.

• An assessment of the Graduate visa, a two-year unsponsored work permit for international graduates from British universities, to ensure no misuse of the program.

Relocating to Europe, the Schengen zone and the US from Africa can be a challenging and daunting task, particularly when faced with complex immigration laws. However, by understanding the Schengen Visa System, residence permits, work permits, study permits, and family reunification, you can better navigate the immigration landscape and increase your chances of achieving your goals.