Immigration weekly update: December 11, 2025

Immigration news update for all regions


Americas

United States: Supreme court to review challenge to birthright citizenship

President Donald Trump issued an executive order to end birthright citizenship for children of parents who are in the country illegally or on temporary visas. Lower courts blocked the order, and the Supreme Court has now agreed to review the matter. No date for arguments has been set, and a ruling is months away.

For over 150 years, the Fourteenth Amendment has guaranteed citizenship to anyone born on U.S. soil, except for children of diplomats and foreign military personnel. The administration argues that the phrase “subject to the jurisdiction thereof” excludes children of non-permanent or unauthorized residents. Civil rights groups contend that the amendment’s guarantee cannot be altered by executive action.

The Court’s decision could significantly impact U.S. immigration policy and the definition of American citizenship.

This summary was prepared using the information from the BBC

New vetting unit for immigration applications

The U.S. Citizenship and Immigration Services (USCIS) has announced a new specialised unit to improve immigration vetting and prevent entry by individuals who pose security risks or have engaged in fraud or criminal activity. The USCIS Vetting Centre, headquartered in Atlanta, will centralise advanced screening processes and enhance the agency’s ability to respond to evolving threats.

The centre will use classified and unclassified screening tools supported by artificial intelligence and will work closely with the Department of Homeland Security, law enforcement, and intelligence agencies. It will review pending and approved immigration applications, prioritising those from high-risk countries identified by presidential directive.

This summary was prepared using the information from the U.S. Citizenship and Immigration Services

Appointment cancellations and rescheduling expected from December 15

Several U.S. consulates have begun cancelling or rescheduling visa appointments originally set for mid-December or later, pushing them to March 2026 or beyond. This follows the State Department’s announcement that, starting December 15, its online presence review requirement will expand to include all H-1B visa applicants and their H-4 dependents, in addition to students and exchange visitors already subject to this review.

The increased scrutiny is expected to reduce consular capacity, resulting in fewer interviews per day and longer wait times across all visa categories. While visa interview appointments are being rescheduled, biometric appointments remain unchanged at this time.

Impact on Applicants

  • H-1B and H-4 applicants with interviews scheduled on or after December 15 may see their appointments cancelled and rescheduled.
  • To access a new appointment letter, applicants must log in to their profile, navigate to “Visa Application Home” → “Appointment Confirmation”, and print the updated letter. It is also available under “Messages” in the profile.
  • Those unable to attend the new date must reschedule online.

Applicants should stay in close contact with their employer and immigration counsel and consider visa validity timelines before international travel.

This summary was prepared using the information from our Service Partner Erickson Immigration Group.


Asia-Pacific

Australia: Update on the National Innovation Visa (Subclass 858)

The Department has confirmed a four-tier priority framework, with Priority 1 and 2 candidates invited as soon as they are identified, and Priority 3 and 4 invited on a monthly basis.

 

Priority 1 – Global experts or recipients of international “top of field” awards.

Sector: Tier 1 – Critical Technologies; Health Industries; Renewables & Low Emission Technologies.

 

Priority 2 – Applicants nominated by a relevant Govt agency with a strong business case for exceptional talent

Sector: Any

 

Priority 3 – Exceptional and outstanding achievements with any nominator

Sector: Tier 1

 

Priority 4 – Exception:

Sector: Tier 2 – Agri-food and AgTech – Innovation or value-adding in agriculture, forestry and fisheries sectors. Education – Academia, research or management in universities and higher learning institutions. Defence Capabilities and Space – Advancing sovereign defence and space capability. Financial Services and FinTech – Advancing innovation in the financial services or technology industries. Infrastructure and Transport – Advancing innovation in the transport sector and infrastructure projects. Resources – Innovation, product development or value adding in resource sectors or critical minerals supply chains.

Since the National Innovation Visa programme was introduced, over 9,000 expressions of interest (EOIs) have been submitted, 304 invitations issued and approximately 85 visas granted.

This summary was prepared using the information from the Australian Government

India: India-China – Visa regime fully functional

The Indian authorities have confirmed that the visa system is now considered “fully functional”, with the following developments:

  • Resumption of Tourist Visas for Chinese nationals
  • Continuation of Business Visas
  • Introduction of e-Production Investment Visa, including provisions for technical experts

 

e-Production Investment Visa:

The Bureau of Immigration, India has introduced a new category under its e-Visa framework: the e-Production Investment Visa. This initiative aims to streamline visa procedures and attract foreign expertise, including professionals from China, for specialized short-term assignments.

 

Approved Activities Include:

 

  • Installation and commissioning
  • Quality checks and essential maintenance
  • Production
  • IT & ERP ramp-up
  • Training
  • Supply chain development for vendor empanelment
  • Plant design and bring-up
  • Senior management and executive roles in India

 

This classification is expected to help Indian companies bring in professionals with niche skills to support manufacturing and production operations.

 

Eligibility to Apply:

 

Organizations must:

 

  • Be incorporated and registered in India
  • Possess a valid Corporate Identification Number (CIN) or LLP registration along with PAN
  • Operate within the manufacturing or production sectors
  • Intend to invite foreign professionals for technical or production-related purposes

This summary was prepared using the information from the Government of India

Malaysia: Exit clearance procedure

The Immigration Department of Malaysia (JIM), following a directive from the Ministry of Home Affairs (MOHA), now requires companies to shorten expatriates’ passes before their permanent departure and implement exit clearance for holders of expired Employment Passes (EP) and Professional Visit Passes (PVP).

Cancellation

All passes must be cancelled or shorten before expatriates, and their family members permanently leave Malaysia.

Submission to be made via the respective unit either ESD or MDEC.

Once cancellation is complete, a Shorten Pass Slip will be issued by ESD & ePass will carry cancellation stamp. Pass holders are required to ensure that the Shorten Pass Slip/cancelled ePass remains in their possession throughout the departure process and present it upon request.

Exit Clearance

Any passes which are not renewed or expired naturally have to be reported to immigration by submitting Exit Clearance via the respective unit either ESD or MDEC.

The Exit Clearance must be submitted within 30 days from the pass expiry date.

Failure to comply may result in restricted access to ESD Online/Expats Online, including the inability to submit and pay for new applications until the Exit Clearance is completed.

Action Required

All passes must be cancelled by way of online cancellation, physical cancellation, cancellation without passport or cancellation by Exit Clearance.

This summary was prepared using the information from the Immigration Department of Malaysia

New Zealand: Police certificate requirement changes for Accredited Employer Work Visa applicationsImage of

From December 8, 2025, all Accredited Employer Work Visa (AEWV) applications must include a valid police certificate. Immigration New Zealand (INZ) will no longer accept receipts as proof that a certificate has been requested.

This change aims to speed up visa decisions by reducing delays caused by missing documents. Applications with complete information will be processed faster, while incomplete applications may be declined or approved for a shorter visa.

INZ will assess applications based only on submitted documents and will not hold applications open waiting for certificates. Applicants have five working days to provide a police certificate if they have been in New Zealand for less than 24 months or are applying from overseas after a stay of less than 24 months. If they cannot, their visa may be limited to a maximum of 24 months.

Applicants in New Zealand for more than 24 months who cannot provide a certificate will receive a Potentially Prejudicial Information (PPI) letter and have an opportunity to respond.

This summary was prepared using the information from our local office.

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debra Beynon (Regional Immigration Manager, APAC).

Europe, Middle East and Africa

Ireland: New roadmap for employment permit salary thresholds

A new roadmap will gradually raise minimum salary thresholds across all employment permit categories and phase out very low thresholds for certain agri-food and healthcare roles. The plan aims to keep Ireland competitive, protect workers, and support businesses amid economic challenges.

This update follows a review of the 2023 plan, which originally proposed raising salary thresholds over a two-year period. The review considered:

  • Feedback from a public consultation, which received over 150 submissions from employers, permit holders, trade unions, and representative bodies
  • Business challenges linked to rising costs and global economic pressures
  • Concerns from migrant worker advocacy groups about permit renewals under rapidly implemented higher thresholds

Rather than completing the increases by 2026, changes will be phased in until 2030 to balance worker protections with business sustainability, in line with the Employment Permits Act 2024. The first salary threshold increase takes effect on 1 March 2026, with further adjustments introduced gradually through 2030.

This summary was prepared using the information from the Government of Ireland

Temporary Travel Measure for Non-EEA nationals awaiting IRP renewal

The Irish Immigration Services Registration Office (Burgh Quay, Dublin) has introduced a temporary measure to assist non-EEA nationals travelling during the holiday season while awaiting their Irish Residence Permit (IRP) renewal.

Key Details:

  • Validity: December 8, 2025 – January 31, 2026
  • Eligibility: Non-EEA nationals who submitted their IRP renewal application before their current IRP expired.
  • Travel requirements:
    • Expired IRP card
    • Proof of renewal application
    • Printed Travel Confirmation Notice
  • Airlines and foreign missions have been informed of this arrangement.
  • Travellers transiting through a third country must comply with that country’s immigration and visa rules.

 

This summary was prepared using the information from our Service Partner.

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Joanna Sogeke (Immigration Team Leader).


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