Support employers and displaced talent to file successful visa applications

Once a successful match has been made between an employer and an employee, it is time to file a visa application. In most cases, the employer should contract a legal services provider that is knowledgeable about processes in the country of destination to ensure that the process runs smoothly and with as few delays as possible. Managing organizations can play an important role in ensuring all parties are communicating and supporting displaced people to complete the necessary steps in the process. 

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Engaging legal support

Immigration applications are often highly technical and require cooperation and input from both the employer and the applicant. They are also often too complicated for refugees to navigate without external assistance. Almost two-thirds of respondents in a study published by the Durable Solutions Platform said that it would be difficult for them to complete a skilled visa process independently This was particularly true for refugees with personal circumstances such as child custody issues, ill or disabled family members, or severe financial insecurity. 

An experienced legal services provider will be well-equipped to support both sides in understanding the steps involved, collect needed documents, and submit comprehensive and timely applications. At the same time, the visa industry is rife with visa “consultants” of highly varying quality, credibility, and honesty; if working with non-lawyer consultants, caution is warranted. 

Employers that have a history of hiring internationally may have a preferred legal service provider and a process in place to engage them. For employers without a track record of international hiring, employer-facing organizations can play a helpful role in pointing them toward effective providers that have experience with displaced talent mobility.

While retaining an immigration representative is not mandatory, immigration applications are legal submissions made to the government and appointing a legal representative with the background and expertise in displaced labour mobility programs to streamline the process, avoid errors, mitigate risks, respond to challenges and keep up with changes is strongly recommended. In rare cases where legal support cannot be secured, it is best to find a partner with knowledge of the destination country and its processes.

Establishing communication mechanisms 

The process of filing a visa application can include a lot of moving pieces and a lot of actors – employers, lawyers, managing organizations, government authorities, visa applicant, and their family. To kick off the visa application process, a coordination call with all actors involved can be a helpful first step. In this meeting, it is helpful to review timelines, roles and responsibilities and establish clear methods of communication to keep a record of exchange and allow for multiple parties to communicate can be helpful. 

As the visa process begins, it’s a good time to re-set expectations with both the employer and the applicant. 

Collecting documentation 

A legal services provider should provide a list of all documents that will be required from both the employer and the applicant as part of a visa application process. The exact documents will vary depending on the visa category and the destination country 

From an applicant, required documents may include (for each member of the family):

• Identity documents such as birth certificates and national registration cards
• Travel documents/passports (Current and expired)
• Police certificates
• Military records, including discharge certificates
• Good character statements
• Proof of work experience 
• Proof of education 
• Proof of language proficiency 
• Proof of marriage and/or divorce
• Birth certificate/proof of guardianship for any children 
• CV 
• Photographs
• Record of medical examination
• Record of biometrics

For some visa pathways, displaced people may also have to provide affidavits that explain the circumstances of their displacement and their eligibility for displaced talent mobility programs, or they may require a letter from an agency approved by the destination country to refer them to such a program. 

In most cases, these documents must be professionally translated into the language of the destination country. 

From an employer, required documentation might include:

• Employer form(s) associated with the application package
• Valid job offer
• Proof of domestic recruitment activities 
• Company registration documents
• Company financial documents

Comprehensive lists of required documents should be available on each country’s respective website. 

For more information on barriers displaced people may face to document collection and possible solutions, visit our article.

Facilitating language testing 

Many visas or work permits require applicants to demonstrate a minimum language proficiency level on an accepted, standardized test. These tests typically evaluate people on the basis of their speaking, listening, reading and writing abilities, and offer scores in each category as well as a composite score. Each government designates which test providers and tests are accepted, and the minimum score will be determined by the visa type. This information will normally be available on each government’s relevant website. 

For more information on barriers displaced people may face to accessing language testing visit our article.

Securing passports 

Visa applications will normally require a valid passport. Some programs provide accommodations for displaced people in recognition that many are unable to secure or renew a passport from their country of origin.

Where a valid passport is required and an applicant is able and willing to acquire one, they must usually do so by making an appointment at a consulate in their current country of residence. 

In cases where the visa pathway allows for accommodations for displaced people who are unable to secure passports, typically applicants will be required to provide any identity documents they have access to (including expired identity documentation) as well as an explanation of the efforts taken to secure a passport and why they were unable to do so. 

For more information about barriers displaced people face to securing passports and possible solutions, visit our article.

Securing educational and credential assessments 

Many labour or employment visas require applicants to prove they have a  minimum required level of education. In order to prove this, applicants must normally submit documents related to their formal education to a third-party evaluator identified by the destination government and listed on the government’s website. 

Applicants may also need to demonstrate that their professional credentials are valid in the country of destination and have them evaluated for equivalencies, particularly for regulated professions such as healthcare and engineering.

For more information about barriers displaced people face to securing educational and credential assessments, visit our article.

Securing proof of work experience

Many labor visas require that applicants provide proof of their former and/or current employment. Specifically, they may be asked to provide employment reference letters, pay slips, contracts, income tax documents, etc 

For more information about barriers displaced people may face to securing proof of employment, visit our visit our article.

Securing police or security records

Some visa applications require that applicants provide police certificates from the places they have lived over the last several years.

For more information about barriers displaced people may face to securing proof of employment, visit our article.

Including dependents in application files

Generally, spouses will be eligible to accompany the candidate, with exceptions including situations where one spouse has been married to more than one person at a time. 

Generally, biological children of the principal applicant or spouse and/or legally adopted children will be eligible to accompany. Each destination country has different age criteria for dependent children to travel. Children above that age threshold, or who are married, might not be eligible to be included in the immigration application and, therefore, might not be able to travel with their parents.

Challenges may arise:

• Where the parents are divorced or separated, in which case the traveling parent will generally need to prove custody to be able to travel with the child and/or the non-accompanying parent will have to provide a declaration of consent. This can impose a major barrier in situations where a parent’s whereabouts are unknown due to conflict or persecution. 
• Where the child is informally adopted. In some countries, there is no formal adoption process. In other situations, a family informally adopts a child. Both situations can pose challenges to proving legal custody and securing permission to travel with the child. 

Immigration counsel can clarify which dependents are eligible to accompany the candidate.

Pregnancy: Pregnancy may cause delays in immigration applications or the ability to travel. Candidates should be aware that they need to inform the organization and their immigration representative in case there’s a pregnancy for someone included on the case file. 

Facilitating biometric collection 

Governments typically designate service providers as official collectors of biometric information for immigration purposes.  As part of the visa application process, displaced people will need to set up an appointment to have their biometric information collected. Biometric information usually includes digital photos and fingerprints. 

For more information about barriers displaced people may face to securing biometrics testing, visit our article.

Preparing for embassy interviews

Some visa pathways require an in-person interview at the destination country’s embassy. This interview is usually designed to confirm that the applicant has provided comprehensive and accurate information in their application and is qualified for admission to the destination country. Legal services providers and talent-facing organizations can support candidates to prepare for these interviews.

For more information about barriers displaced people may face to accessing embassy interviews and potential solutions, visit our article.

Securing a trusted partner referral

Some visa programs for displaced people require an endorsement from a “trusted partner” of the government. Typically these trusted partners are NGOs with expertise in supporting displaced people to relocate for work. Managing organizations or employers can reach out to these organizations to refer individuals for an endorsement.

For example, under Canada’s EMPP program trusted partners can issue referral letters to demonstrate applicants meet the definition of a refugee and have no durable solution.

Submitting complete visa applications 

Most visa applications are now submitted online. There is often a fee associated with submitting a completed application. The final submission process is often done by a legal service provider. For some visa options, there will be two rounds of application submissions: one at the regional or programmatic level, and one at the federal level. 

Facilitating medical testing 

Governments designate approved medical exam providers. All applicants must make appointments with these providers. Typically the goal of these appointments is to ensure that the applicant does not suffer from health conditions that would impose a financial or supply burden on healthcare systems and to ensure they are not suffering from transmissible disease, most commonly tuberculosis.

For more information about barriers displaced people may face to accessing medical testing, see our article.

Covering visa-related costs 

Visa applicants have many associated costs.  See our article on supporting displaced talent to finance the costs of migration for more information. 

Managing visa preparation timelines 

While visa processing timelines are outside the control of the applicant or the employer, each can take steps to ensure that the application process moves as quickly as possible. Some strategies for this include: 

• Begin document collection and testing processes immediately after acceptance of an offer
• Begin planning for relocation and settlement even before final approval of a visa (but refrain from making any major life decisions such as quitting their current jobs, terminating their apartment lease, etc. until their visas have been approved.
• Use visa processing time to the greatest advantage by supporting the employee to continue to build relevant language and job skills before relocation

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Documenting and escalating barriers

Managing organizations have a critical role to play in identifying and documenting barriers that displaced people face to moving for work. Because managing organizations often support multiple displaced people, they are well-positioned to identify trends and patterns of exclusion. By documenting these and then sharing them with relevant stakeholders, managing organizations can contribute to further breaking down barriers to migration for work. that disproportionately affect displaced people.