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IMPACT – HIGH
What is the change? The United Arab Emirates has temporarily suspended its newly instituted police clearance requirement.
What does the change mean? Until further notice, foreign workers will not be required to provide police clearance certificates (certificates of good conduct) when completing work and mission visa applications. The change will save significant time in the application process.
Background: Authorities imposed the new requirement in February, saying the measure was being taken for security reasons. The Ministry of Human Resources and Emiratisation announced on Sunday that the requirement would be suspended until further notice. No details were provided on why the decision was made.
BAL Analysis: The police clearance requirement for visa applicants was a significant administrative burden that could sometimes delay applications by weeks. The change will simplify the visa application process, at least for the time being. BAL will continue to monitor developments in the UAE and will alert clients to any significant changes, including the possibility that the requirement could be reintroduced.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2018 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 – MEDIUM
What is the change? The United Arab Emirates has made it easier for Indian and Philippine nationals to obtain police clearance certificates when applying for visas in the UAE.
What does the change mean? Indian and Philippine nationals will now be able to obtain police clearance certificates through their embassies and consulates in the UAE, rather than in India or the Philippines. The change will save in-country applicants significant time in the visa application process because they will not have to travel out of the UAE in order to obtain the necessary documentation.
Background: Authorities announced the new requirement in January, saying it was being taken as a security measure. In general, applicants are required to obtain their police clearance certificate in their home country and any country in which they have resided in the past five years. A workaround is available for Indian and Philippine nationals, however, who may now obtain the certificate at their embassies and consulates in the UAE.
Indian nationals may do so by applying through BLS International services UAE, which then forwards the application to the relevant Indian authorities. Philippine nationals may do so by applying directly at a Philippines embassy or consulate in the UAE.
BAL Analysis: The change will simplify the police clearance process for Indian and Philippine nationals who are applying for work or mission visas in the UAE. Applicants should note, however, that they may have to obtain an additional police clearance certificate if they have lived somewhere besides their home country and the UAE in the past five years.
What is the change? A visa-free travel agreement between the United Arab Emirates and Ukraine has entered into force.
What does the change mean? UAE and Ukrainian nationals may now travel to each other’s countries for short-stay tourism and business trips without having to obtain a visa prior to travel.
Background: The UAE and Ukraine signed an agreement to waive visa requirements for short-stay trips in November. The deal has since been put into effect. The arrangement allows Ukrainian nationals to visit the UAE for stays of up to 30 days, while UAE nationals may visit Ukraine for up to 90 days in a 180-day period.
BAL Analysis: The new visa agreement will ease travel for UAE and Ukrainian nationals traveling to each other’s countries.
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.
What is the change? The UAE is planning to introduce an “Emiratization” program that focuses on increasing the hiring of local workers in three key industries: communications, construction and real estate development, and transportation and aviation.
What does the change mean? The three sectors constitute nearly 30 percent of the country’s gross domestic product and the Ministry of Human Resources plans to promote hiring of Emeratis in 300,000 jobs.
Background: One of the proposed strategies to increase hiring of local workers is to offer “platinum club” employers incentives, such as a steep reduction in work permit renewal fees, if they increase their ratio of Emiratis to foreigners.
BAL Analysis: Though detailed plans have yet to be released, companies should anticipate new restrictions on hiring foreign workers in the three sectors, as well as incentives if they hire more locals. The move to localize the workforce is a trend across Gulf Cooperation Council countries; however, the UAE will be careful in implementing the Emiratization program and mindful of the wider business context and potential regional economic downturn, as it does not want to see companies leave the UAE or deter foreign companies from investing in the UAE.
What is the change? United Arab Emirates authorities have provided additional information about the country’s certificate of good conduct requirement, which officially took effect Sunday.
What does the change mean? Effective immediately, certificates of good conduct (police clearance certificates) will be required for all new work and mission visa applications, whether the applicant is in country or out of the country.
The certificates will not be required for applications seeking transfer of sponsorship (provided the processing time does not exceed three months), renewals of work and missions visas, dependent visas (including renewals), tourist/business visas, non-sponsored ID cards or changes of title.
In general, certificates of good conduct will be required from applicants’ home country (based on their passport) unless they have resided in another country for the past five years, in which case they will be required to provide a certificate of good conduct from their country of last residence. Applicants will not be required to provide more than one certificate of good conduct, subject to the discretion of UAE authorities.
Background: Authorities announced the new requirement in January, saying it was being taken as a security measure. The official implementation date was announced as Feb. 4, though in some cases authorities began requesting certificates of good conduct before that date. This may indicate that cases that have already been submitted, but not yet finalized, may be subject to the requirement as well.
BAL Analysis: The requirement of the certificates of good conduct will increase end-to-end application times for a number of visa applicants; however, the clarification that the requirement will not apply to a number of applications, including visa renewals, is welcome news. The additional clarification that officials will not request more than one certificate of good conduct in most cases is also welcome news. Those with questions about the requirement, including dual nationals and others unsure of which country they need police clearance from, should contact BAL for assistance.
What is the change? China has lifted visa requirements for nationals of the United Arab Emirates.
What does the change mean? UAE nationals are now able to travel to China for short-stay business, tourism or to visit family without first obtaining a visa. Visa-free entry will be valid for stays of up to 30 days.
Background: Even before the change, the UAE allowed Chinese nationals to visit the UAE for 30 days without first obtaining a visa. Chinese officials have now lifted visa requirements for UAE nationals, saying it will help boost business and tourism between the two countries.
BAL Analysis: The visa arrangement will ease travel for UAE nationals traveling to China for business, tourism or to visit families. Travelers should note that work activities require work authorization.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.
What is the change? Authorities in the United Arab Emirates have, in at least some cases, begun requesting certificates of good conducts (police clearance certificates) with visa applications.
What does the change mean? Authorities announced in January that the requirement would be put in place beginning Feb. 4. However, BAL is aware of at least one case of a certificate that was already requested for an in-country applicant applying for a new UAE residence visa through the Dubai Airport Free Zone Authority. While implementation dates may vary from free zone to free zone, and between the free zones and the mainland, the requirement will eventually apply across the UAE. The fact that DAFZA authorities have already requested a certificate is an indication that cases that have already been submitted, but not yet finalized, may be subject to the requirement for a certificate of good conduct.
Background: Authorities announced the new requirement in January, saying it would be implemented as a security measure Feb. 4. Certificates of good conduct will be required from the applicant’s home country and any countries in which the applicant has resided in the past five years. The requirement will apply across the UAE, whether the company is in a free zone or the mainland. BAL has confirmed that the requirement will apply to new work and residence visa applications (whether in country or out of country) and work and residence visa transfers. It is not clear whether the requirement will apply to renewals of work and residence visas. BAL anticipates that the requirement will not apply to applications for dependent residence visas (new or renewal), non-sponsored ID cards or change of title. It is also unlikely to apply to tourist visas in general, but it may be required for certain nationalities.
BAL Analysis: Applicants should be prepared to provide the certificates of good conduct for all affected applications beginning Feb. 4 and may be asked to provide one even before then. Cases that have been submitted pending entry permit approval may be subject to the requirement as well. BAL continues to seek clarification on a few key points, including whether the requirement will apply to renewals. BAL will alert clients to any significant developments.
What is the change? Authorities in the United Arab Emirates have said that beginning Feb. 4 new work visa applications must include a certificate of good conduct ( police clearance certificate).
What does the change mean? The change reportedly stems from a 2017 cabinet decision and will add time to the visa application process in some cases. The rule will affect new work visa applicants, but will not affect tourists or dependents. It is not yet clear whether it will be applied to visa renewal applicants.
Background: Authorities have described the new requirement as a security measure. Although the precise requirements are not yet available, Emirates News Agency and other media outlets have reported that certificates of good conduct will be required from the countries in which applicants have resided in the past five years. BAL has confirmed that the rule will be implemented for new work visa applicants, but not tourists or dependents. It is not yet clear whether it will affect work visa renewal applicants. It seems likely that the rule will apply to freezone work visa applications as well as mainland visa applications, but at this point this is not certain.
BAL Analysis: BAL continues to seek clarification on a number of points related to this development. BAL can work on a case-by-case basis with clients who may be affected to determine what requirements they should anticipate. An updated client alert will be provided as soon as more information becomes available.
What is the change? Dubai Creative Clusters Authority authorities have said they will no longer require original documents from foreign nationals immediately upon their arrival in the United Arab Emirates to initiate the medical and Emirates ID form typing.
Background: Authorities made the announcement in December and the change took effect Jan. 1. The new procedures work as follows:
BAL Analysis: The DCCA’s goal in implementing the change is to “reduce the overall application process time for the benefit of all our business partners.” The procedures are consistent with broader efforts in Dubai and throughout the UAE to move immigration processes online and eliminate reliance on government couriers, which were previously used to collect passports and other documents for medical and Emirates ID registration.
What is the change? The Dubai Creative Clusters Authority’s internal system for processing visa transfers is undergoing maintenance, causing delays of two to four weeks for foreign employees seeking such transfers.
What does the change mean? The delays follow a move by DCCA in November to increase documentation requirements for visa transfer applicants, including a new requirement that applicants provide an undertaking letter from their new sponsor when applying to change their visa. On the whole, it may be easier at this time for those switching employees within DCCA to cancel their visa and apply for a new one in order to avoid transfer delays. BAL can assist on a case-by-case basis.
Background: DCCA made a number of changes in November, including elimination of the internal transfer option. The government transfer process (or the employment release transfer) takes longer and requires a security check as well as more stringent documentation. Employees switching jobs within DCCA now must provide (1) a no-objection letter from their current sponsor, (2) a final settlement form and (3) an undertaking letter from their new sponsor. Both the no objection letter and the undertaking letter must be provided in Arabic. The undertaking letter must state that the new sponsor will take responsibility for the repatriation of employees if their visa application is rejected. The delays associated with the maintenance of the DCCA’s internal system for processing visa transfers have additional complicated matters.
BAL Analysis: Those considering a visa transfer should consult with BAL to determine the best course of action and what other options might be available to them.