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IMPACT – MEDIUM
What is the change? Government offices in countries throughout much of Europe, the Americas and other parts of the world that celebrate Easter holidays will close from Friday through Monday in observance of Good Friday and Easter Sunday. This year, Orthodox Easter coincides with the Gregorian calendar and will be observed on the same dates.
What does the change mean? Applicants should expect a slowdown in processing during the holiday break and potential backlogs when offices reopen.
BAL Analysis: Applicants should check with their BAL professional for holiday dates of individual countries. Those seeking consular processing should also note that embassies and consulates may observe unique holiday schedules.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
An attack on the Westminster Bridge near the U.K. Parliament in London left at least five people dead, including the assailant, and dozens injured. The attack left parts of London on lockdown Wednesday. Authorities advised U.K. and foreign nationals to monitor their security.
Key points:
BAL Analysis: U.K. and foreign nationals in or around London should exercise caution and expect the possibility of security-related delays when traveling in and around London.
This alert has been provided by the BAL Global Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
BAL is ranked as a top firm in the Global-wide category in the newly released Chambers Global Guide, an annual ranking of the best international law firms based on independent research and interviews with lawyers and clients worldwide.
Chambers recognizes BAL as a “highly respected firm specializing in corporate global mobility that offers clients the full spectrum of immigration services in addition to providing policy development and compliance advice. The firm is also particularly renowned for its work in the USA, especially in key jurisdictions such as Silicon Valley, and for its coverage of the UK, Latin America and the Asia-Pacific region.”
BAL is praised for its strong immigration practices, and Chambers sources stated that, “their immigration work is absolutely excellent,” adding, “They provide in-depth analysis on all jurisdictions and have a really high level of expertise.” Sources also noted BAL’s global reach, stating that the team has “a broad international practice and really strong expertise in the USA.”
Notable practitioners listed for BAL include Managing Partner Jeremy Fudge, Founding Partner David Berry, Europe Managing Director Emily King, Asia Managing Director Christina Karl, and Latin America Managing Director Daniela Lima.
About Chambers Global
Since 1990, Chambers has published an annual guide ranking the world’s best lawyers based on technical expertise, business acumen, prompt delivery, and value for money. A team of over 140 researchers conducts thousands of interviews worldwide to produce the rankings. Lawyers cannot buy their way into Chamber’s rankings; as a result, its annual directories are considered among the most accurate and reliable.
As a result of a deteriorating security situation and fears of violence amid anti-government protests, the United States, the United Kingdom and Belgium have issued statements warning against travel to the Democratic Republic of Congo (DRC) and urging foreign nationals to leave that country if their continuing presence is not essential. On Tuesday morning, up to 20 protestors were killed in clashes with security forces in Kinshasa.
Background: The recent travel warnings by the U.S. and European governments indicate concerns about escalating anti-government protests as President Joseph Kabila’s term runs out. Constitutional term limits required Kabila to step down when his second mandate ended at midnight on Monday. However, the DRC’s electoral commission postponed the national elections until April 2018 because of inadequate resources and a constitutional court ruling earlier this year confirming that Kabila can remain in power until a successor is elected.
BAL Analysis: All foreign nationals in the DRC should review their security situation; those in need of immigration services should anticipate delays in processing through the next several weeks.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – HIGH
What is the change? Christmas and New Year’s will slow immigration processing across much of the world at the end of the year and in early 2017.
What does the change mean? Applicants should anticipate closures of government and private offices for at least two days on and around Dec. 26 and Jan. 2. Many countries celebrate longer breaks and shut down for several weeks.
Below is a summary of closures by region with noted countries that observe longer breaks.
Africa: Christmas and New Year’s coincide with the traditional summer holiday in much of Africa.
Europe: Longer breaks of one week or more are typical.
Latin America: Most government immigration offices will close Dec. 26 and Jan. 2.
Asia: Most countries will observe one or more days for Christmas and New Year’s.
Oceania:
Middle East: Christmas and New Year’s are not observed as public holidays, but some private offices may close.
BAL Analysis: Applicants should plan to file any time-sensitive applications as early as possible before the holiday break to avoid additional delays.
What is the change? Taiwan has added nine countries to its electronic visa program.
What does the change mean? Nationals of the following countries may apply for visitor visas online: Bahrain, Dominica, Kuwait, Montenegro, Oman, the Philippines (for a one-year trial period), Qatar, Saudi Arabia and the United Arab Emirates.
Background: Taiwan introduced its eVisa program last year to nationals of 27 countries. eVisas are appropriate for business visitors, tourists and those visiting family members or attending a conference, trade show or other event sponsored by the Taiwanese government or nongovernmental organizations. Work permits are still required for engaging in productive employment.
BAL Analysis: The expansion of Taiwan’s eVisa program will benefit additional nationals visiting as tourists or for certain business purposes.
This alert has been provided by the BAL Global Practice group and our network provider located in Taiwan. For additional information, please contact your BAL attorney.
What is the change? Violent protests erupted in Bangalore Monday following a Supreme Court ruling directing the state of Karnataka to provide more water to the neighboring state of Tamil Nadu. Protestors raided shops and set cars on fire, according to numerous media outlets. Authorities said they were invoking a section of the criminal code that restricts public.
What does the change mean? Foreign nationals in Bangalore or other areas affected by violence should take personal care and observe security measures. Anyone in need of immigration services should be prepared for possible delays in service. Those with appointments should contact the relevant office or visa center to check whether the office is open and determine whether they need to change appointment times.
Background: India’s Supreme Court ruled on a long-running water dispute between the states of Karnataka and Tamil Nadu, angering residents of Karnataka by directing the state to provide more water to its neighbor. Protestors in Bangalore, the capital of Karnataka and one of India’s leading technology hubs, erupted into violence following the ruling. Authorities invoked Section 144 of the criminal procedure code to restrict public assembly. It remained unclear what public services would be available in the coming days. Even before the protests escalated Monday, the U.S. State Department urged U.S. nationals in Bangalore to avoid demonstrations, monitor local media and maintain a “high level of vigilance and take appropriate steps to enhance your personal security.”
BAL Analysis: Employers should account for all employees in or near Bangalore. Those in the area should follow security measures and avoid unnecessary travel. Foreign nationals in need of immigration or other government services should be prepared for delays in processing and should check with the relevant office before traveling to a consulate or visa center for an appointment.
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What is the change? Government offices will close this month in a number of Muslim countries for the Day of Arafah and the Eid al-Adha holiday.
What does the change mean? Employers and foreign nationals who need government services should submit applications as soon as possible to avoid holiday-related delays.
Background: The Day of Arafah is considered the holiest day of Islam and falls on the second day of the annual Hajj pilgrimage to Mecca. It is followed by Eid al-Adha, which marks the end of the Hajj pilgrimage and honors Abraham’s willingness to sacrifice is son to God. Eid al-Adha is also known as the Feast of the Sacrifice, Eid-e-Ghorban, Kurban Bayramı or Hari Raya, among other names. Closures vary from country to country and in some cases will be set when the new moon appears. In most countries that celebrate the holiday, government offices will be closed for at least two days.
Saudi Arabia is likely to observe the Day of Arafah on Sept. 10 and Eid al-Adha for up to 10 days beginning Sept. 11. Other Gulf Cooperation Council countries – Bahrain, Kuwait, Oman, Qatar and the United Arab Emirates – are likely to follow Saudi Arabia’s schedule, though in some instances the holiday period will be shorter. The UAE, for example, is expected to celebrate Eid al-Adha for a four-day period beginning Sept. 11. Government offices in Turkey are expected to be closed for roughly 10 days beginning Sept. 10.
BAL Analysis: Affected companies and foreign employees should check with their local officials for the exact dates when offices will be closed. Government services tend to slow down in some areas, especially in Saudi Arabia, not only during Eid al-Adha but throughout the Hajj season when millions of pilgrims arrive in Saudi Arabia and many government officials undertake the pilgrimage themselves. Those in need of government services this month should submit applications as soon as possible in order to minimize delays.
What is the change? The Muslim holiday of Eid al-Fitr, expected to begin around July 4 at sunset, will close offices and delay processing of applications in countries across the Middle East, North Africa and parts of Asia, and at their consular missions around the world.
What does the change mean? Offices will close for three to 10 days, depending on the country. Applicants should expect delays in processing of visas and work permits.
Background: Eid al-Fitr (Festival of Breaking the Fast) marks the end of the holy month of Ramadan and is celebrated with three or more days of festivities. The holiday is also known as Ramazan Bayrami in Turkey, Hari Raya Puasa in Singapore, and Korité or Tabaski in West Africa.
The holiday is expected to begin July 5 or 6, depending on the length of the lunar month. Some countries will announce their holiday schedules closer to the end of Ramadan or when a new moon is sighted. Others have set the following public holiday schedules:
Brunei – Estimated July 6-8. Bangladesh – July 1-7. Indonesia – July 6-7 (may extend to July 5 and 8). Malaysia – Official holiday July 6-7, but expect reduced government staffing July 4-10. Pakistan – July 6-10. Saudi Arabia – June 30 – July 11. Government offices reopen July 12. Singapore – July 6. Sri Lanka – July 6. Turkey – July 2-10. United Arab Emirates – Approximately July 3-9.
BAL Analysis: Time-sensitive filings should be submitted as early as possible before the holiday break. Companies may wish to contact their BAL representative for individual country and consular schedules.
What is the change? Labor authorities in Ouargla Province, an oil producing region in Algeria, are no longer allowing exceptions from work permits that previously allowed foreign nationals to conduct work activities for up to 15 days on a business visa.
What does the change mean? Employers should not attempt to send employees to conduct work on business visas and should anticipate that labor authorities are no longer allowing concessions even for very short work assignments. Labor authorities are now requiring companies to apply for and obtain a 15-day temporary work visa and short-term work authorization (Annex 13). The change is being gradually implemented on a regional basis, so the interpretation and application by labor and consular authorities may vary. All short-term work assignments in Algeria should be evaluated by BAL on a case-by-case basis until broader and consistent implementation is seen at both the national and consular mission levels.
Background: Algeria allows foreign nationals to conduct some limited business activities on business visas. Generally, work permits are required for work activities, but the law also permits foreign nationals, on a discretionary case-by-case basis, to apply to labor authorities for a concession to conduct some emergency work activities on business visas for up to 15 days.
While the temporary work visa is not new, some labor authorities are now requiring them instead of allowing 15-day concessions on a business visa. Under the procedures in Ouargla, the foreign employee must apply for a temporary work visa at an Algerian consulate. The sending employer must provide an employment contract and a letter attesting that the foreign employee is traveling to Algeria for work, as well as confirm its relationship with an Algerian entity. Upon arrival, the employee must apply to labor authorities in Ouargla for the 15-day work authorization and submit a medical certificate and copies of the employment contract, passport and the temporary work visa.
The 15-day work authorization is nonrenewable and the employee must leave Algeria at its expiration. If additional work is required, the employee will have to re-apply at an Algerian Embassy or consulate abroad. If a foreign employee requests successive 15-day temporary work visas, labor authorities may require a work permit instead, which involves labor market testing and additional procedures.
BAL Analysis: When sending foreign employees to Algeria on business visas, companies should be extremely careful that their activities are permitted business activities, as labor authorities have increased inspection and enforcement for misusing business visas. Companies face monetary fines and company representatives face fines plus imprisonment for repeat offenses. The foreign employee also faces fines, imprisonment, deportation and a ban on returning to Algeria.
This alert has been provided by the BAL Global Practice group and our network provider located in Algeria. For additional information, please contact your BAL attorney.