January 2026 Global Immigration Recap | EMEA

Also Authored by Melvin Ng, Riduan Fattah. and James Richmond

Clark Hill’s Global Immigration practice guides corporate clients and individuals through complex global immigration challenges worldwide.  We pride ourselves on creative, compliant and people-centered solutions – looking at global mobility from a wholistic perspective in an ever-changing immigration environment.  Our team assists with short-term assignments, long-term relocations, consular processing, document procurement, document legalizations/apostilles, and business visas in 100+ countries worldwide.

Below is an overview of the major updates from January 2026 in the Europe, Middle East, and Africa region.

EU Common Asylum Pact

On June 12, 2026, the new EU Common Pact on Asylum will be implemented. The pact aims to harmonize and speed up asylum procedures whilst ensuring fairer responsibility-sharing among EU countries, including the creation of a newly created EURODAC database. The Eurodac Regulation turns the existing databases into a fully-fledged common asylum and migration database, ensuring clear identification of everyone who enters the EU as an asylum seeker or an irregular migrant. Further information on the Pact can be found here.

On Nov. 18, 2025, The European Parliament and Council reached a provisional political agreement on the EU Talent Pool, a digital platform that will match jobseekers from outside the EU with job vacancies in EU member states. It is designed to make international recruitment easier and more transparent. Member states will be free to decide if they wish to join the talent pool and will be able to choose which legally established employers or intermediaries can use the platform.  Further information can be found here.

Ireland

2025 saw significant changes to family reunification and temporary protection pathways with further changes likely to be implemented throughout the course of 2026. For those granted international protection status, family reunification will now only be possible where it can be shown that they have sufficient resources to support family members. In addition, changes to the citizenship law are also coming into force, with the period before applying for citizenship increasing from three to five years, bringing refugees in line with other applicants. The criteria for citizenship will also tighten, with new good character and the ability to be self-sufficient requirements.

In terms of skilled migration, gradual increases in minimum annual remuneration (MAR) for employment permits will continue until 2030, with the next new increases coming into force from March 1, 2026.

These policy changes aim to balance worker rights and business needs, focusing on medium-term skills deficits and prioritizing EEA labor.

Italy

Italy is reducing the processing times for work authorization applications starting in Jan. 2026. The new regulations mandate that two specific categories of work authorization be reviewed within 30 days of submission.

• Foreign workers who have completed a professional and civic-linguistic training program abroad.
• Highly qualified workers applying for the EU Blue card.

In addition to the reduced processing times, Italy has also simplified the proof of housing requirements for the work permit process. Housing provided by an employer at a worksite or company facility can now be shown show by having the employer submit a self-certification stating that they will comply with all health, safety, and hygiene standards required by law. Further, workers being housed in hotels now only need to provide hotel reservations. While these documents were already accepted by the authorities in practice, they are now formalized as law.

Belgium

Effective Jan. 1, 2026, authorities have implemented significant changes for foreign workers and employers in Flanders.  Eligibility for highly skilled foreign workers will now be strictly defined and individuals holding a higher education diploma (minimum VKS 5) who apply for jobs classified as highly skilled (level 5 or above) can qualify under this category. Additionally, the authorities will heavily scrutinize both the job classification according to Belgian labor agreements and the authenticity of foreign diplomas.  As a result, we recommend that employers review their job offers and the qualifications of their candidates carefully to ensure they fulfill these requirements.

The authorities have completed their review of ‘medium skilled positions’, previously known as the shortage occupation list, with the new list taking effect January 1, 2026. This concerns positions for which there is a structural labor shortage. Newly added occupations include data technicians and process operators in the chemical industry. The full list is published in Belgisch Staatsblat  and is included as the ‘migration list of medium-skilled positions’.

Switzerland

The Swiss Federal Council has confirmed that the current permit quotas will remain unchanged for 2026, ensuring continuity for employers and access to essential skilled talent. The revised Ordinance on Admission, Residence and Gainful Activity (OASA) took effect on Jan. 1, 2026.

Quotas for Third-Country Nationals (Non-EU/EFTA). Switzerland will continue to authorize up to 8,500 non-EU/EFTA professionals in 2026:

• 4,500 B residence permits
• 4,000 L short-term permits

Quotas for EU/EFTA Service Providers (Assignments over 120 days. Quotas remain unchanged:

• 3,000 L permits
• 500 B permits

Separate Quotas for UK Nationals. Maintained for another year, enabling Swiss employers to recruit British talent outside the free movement framework:

• 1,400 L permits
• 2,100 B permits

The decision is based on the need to keep permit numbers predictable for Swiss businesses. Maintaining the same quota levels helps companies manage ongoing labor shortages and navigate current economic uncertainties — meaning that the government wants to give employers stability at a time when hiring remains difficult and global factors, such as possible shifts in U.S. trade policy, could affect the Swiss economy.

Companies may continue to hire highly qualified professionals from outside the EU/EFTA when no suitable candidates can be recruited locally or within the free-movement area. The Federal Council’s decision reflects input from the cantons, social partners, and labor market data. Official data shows that quota usage has remained consistently below capacity:

• As of Dec. 31, 2024, only 74% of third country permits and 50% of EU/EFTA service provider permits were used.
• For UK nationals, only 21% of available permits were issued.
• By Sept. 2025, usage remained moderate: 52% for third-country permits, 38% for EU/EFTA service providers, and 17% for UK quotas.

Denmark

Starting in Jan. 2026, Denmark introduces stricter RUT documentation rules for posted workers. Documentation requirements for foreign employer and service providers operating in Denmark utilizing Denmark’s Posted Worker framework will be significantly tightened as of Jan.1, 2026. Employers will be required to upload supporting documentation to RUT for all posted employees, including service agreements, employment contracts, secondment agreements, and valid work permits (where applicable).

Postings that began before Jan. 1, 2026, are generally not affected; however, employers remain responsible for ensuring that all existing RUT registrations remain accurate and up to date.

Recommended actions:

• Identify employees who are expected to be posted to Denmark from January 1, 2026, onward.
• Gather and review all required documentation in advance.
• Ensure documents are uploaded to RUT in the correct format and within the required timelines.
• Assign internal responsibility for ongoing RUT compliance and updates.

The new documentation upload requirement is expected to increase scrutiny by the Danish authorities, particularly in relation to compliance with mandatory employment terms under the Danish Expat Act.  This change provides a timely opportunity to review and validate employment agreements and posting arrangements for all expatriates.

United Kingdom

Mandatory ETA Enforcement

From Feb. 25, 2026, the UK’s ETA system moves from phased rollout to full enforcement. Visitors from 85 visa-free countries—including the United States, Canada and EU member states—must obtain an ETA before travelling.

Key features of enforcement include:

• A strict “no permission, no travel” rule
• Legal responsibility placed on airlines and carriers to verify ETA status with denial of boarding for travelers without valid authorization.

Those likely to be impacted by this change are those recently acquired British nationality through naturalization. A naturalization certificate alone will not be deemed sufficient for entry. British and Irish nationals of dual nationality are not eligible for an ETA however they must have a valid British or Irish passport or Certificate of Entitlement when travelling to the UK. Failure to provide these documents could result in delays or denial in boarding. For further guidance please see https://www.gov.uk/eta

Earned Settlement Consultation Closes

The UK government’s “Earned Settlement” consultation is set to close on Feb. 12, 2026. The proposal would extend the standard Indefinite Leave to Remain (ILR) qualifying period from five years to ten years for most work routes, with the possibility of a reduced timeline for individuals who meet certain contribution criteria.

Under the proposed model, settlement would no longer be granted after a fixed period but would instead depend on demonstrating sustained contribution to the UK, such as through employment or other recognized contributions. While the proposal has not been finalized yet, adoption is strongly expected.

If adopted, implementation would be expected from April 2026 onward. The proposed change would increase the length of time migrants remain in temporary status, potentially resulting in additional visa extensions and higher cumulative government fees. For further information please see https://www.gov.uk/government/consultations/earned-settlement

Temporary Shortage List Review

The temporary shortage list (TSL), which replaced the previous Shortage Occupation list, is currently under review. Sectors have until Feb. 2, 2026, to submit evidence to the Migration Advisory Committee. Namely employers must now demonstrate the following to qualify an occupation for the Shortage Occupation list:

• Genuine recruitment difficulties
• Economic necessity rather than convenience
• Alignment with long-term workforce planning

The review will likely lead to a reduction in the positions eligible for TSL with the wider goal of reduced net migration to the UK.

Spain

The Government of Spain has announced an Extraordinary Regularization process aimed at providing legal certainty and equal rights to up to 500,000 migrants already residing in the country. This exceptional measure is time-limited (until June 30, 2026), sets clear eligibility requirements (must prove a clean criminal record and continuous residency for at least five months- or had sought international protection), and aims to be fully aligned with Spanish and European legal frameworks.

The regularization grants temporary residence and work authorization for any sector for an initial one-year period, supporting social and labor integration. After this period, applicants will be required to move into the standard legal status established under the Immigration Regulations.

The Government of Spain considers that the regulatory pathway is the fastest and most effective way to deliver an immediate, lawful, and structured response to an existing social reality.  Applications are expected to begin to be submitted in early April 2026. For employers, this opens broader access to a large talent pool of potential employees.

Romania

The Romanian Government has established the annual contingent of foreign workers admitted to the labor market for 2026 through Government Decision no. 1169/2025, published on Dec. 31, 2025.

• The quota for 2026 is set at 90,000 foreign workers
• This represents a decrease compared to previous years
• No specific subdivisions or categories of work authorizations are defined

South Africa

The South African (SA) government has extended the public comment period on its draft Citizenship, Immigration and Refugee protection white paper which was initially published on December 12, 2025.  Amongst other reforms, the paper aims to modernize SA’s immigration framework, with the possible introduction of a new points based skilled worker visa. Additional proposed reforms include:

• a start‑up visa,
• a redefined investment visa with updated capital and employment‑quota requirements,
• revised retirement visa thresholds,
• broadened spousal and dependent work permissions, and
• a dedicated sports and arts visa.

All potential changes will be subject to final parliamentary approval and ratification. Employers are encouraged to monitor potential developments and factor this into workforce planning.