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IMPACT – MEDIUM
What is the change? The United Arab Emirates is now requiring that Nigerian nationals provide additional documentation when applying for entry visas.
What does the change mean? The new requirements are being imposed to ensure that UAE employers are meeting their tax obligations with regard to Nigerian employees.
Background: Nigerian visa applicants must include personal bank statements for the previous three months, credit card information and confirmed hotel booking, and couples whose surnames differ must include a copy of a marriage certificate. The documents should be submitted in JPG format not exceeding 375 KB.
Additionally, new restrictions on visa validity apply to Nigerian nationals. The maximum duration for an individual is 14 days, and the maximum for family members traveling together is 30 days. Applications for 96-hour visas must be submitted with proof of a visa for the onward destination country. Business visas cannot be extended in-country and travelers must leave the UAE to apply for a new visa.
BAL Analysis: UAE employers should be aware of the new restrictions for Nigerian employees and assignees.
This alert has been provided by the BAL Global Practice group and our network provider located in Nigeria. For additional information, please contact your BAL attorney.
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What is the change? The Mid-Autumn Festival that marks the autumn full-moon harvest will be observed in China, Hong Kong, South Korea, Taiwan and a number of other Asian countries this month.
What does the change mean? Government and private offices will close. Applicants should expect delays in work permit processing and other services. The holiday lasts one to three days, depending on the country. Offices will be closed on the following days:
Background: The Mid-Autumn Festival is traditionally a celebration of the autumn harvest when the moon is at its fullest and brightest stage of the year. In China, Hong Kong and Taiwan, families observe the full moon while thinking of distant relatives, and eat “moon cakes” filled with sweet bean or lotus filling. In South Korea, families commemorate their ancestors, visit tombs and eat rice cakes and drink rice wine made from the new bounty.
BAL Analysis: Employers should anticipate delays during the holidays and file applications beforehand where possible.
This alert has been provided by the BAL Global Practice group in Singapore. For additional information, please contact singapore@bal.com.
About Berry Appleman & Leiden LLP Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
Source: Berry Appleman & Leiden LLP
IMPACT – HIGH
What is the change? The United Arab Emirates has changed the way it calculates the validity of visas on arrival such that the validity period does not restart when the visa holder exits the country.
What does the change mean? Under the change, 30-day visas on arrival will remain valid for 40 days from the date of issuance (30 days plus a 10-day grace period), regardless of whether the visa holder leaves the UAE or not. Those who remain in the UAE past the 40-day period, even if they have left the country in the interim, will face a penalty of 200 dirhams (about US$55) plus 100 dirhams for each day of overstay.
Background: The new rule appears to have been put in place this summer without an official announcement. The change will primarily affect frequent travelers to the UAE who are eligible for 30-day visas on arrival. The visas are available to nationals of the following countries:
Under the new rules, the visas will effectively function as a 40-day, multiple-entry visa. A visa issued on Sept. 1, for example, would only remain valid through Oct. 10 (40 days later), even if the foreign national leaves and re-enters the UAE in the interim. In this scenario, the only way for foreign nationals to reset the validity on their visa validity would be to apply for a renewal or to leave the UAE on or before Oct. 10 and re-enter on or after Oct. 11, once the 40-day period ends.
BAL Analysis: Foreign nationals visiting the UAE on a 30-day visa on arrival should take note of the change in how visa validity is calculated. Those who do not renew their visas when necessary may accumulate steep fines quickly, as fines of 100 dirhams per day will be added on to an initial 200 dirham fine.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
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About Berry Appleman & Leiden LLP Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seven offices across the U.S. and from offices in Geneva, London, Melbourne, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
When traveling to the UAE, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if work authorization will be required. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to the UAE, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
Visas on arrival are available for many nationals, including nationals of the United States and member states of the European Union, which permits them to enter the UAE and perform business activities on a short-term basis.
Nationals of the Gulf Cooperation Council (GCC) member states (Bahrain, Kuwait, Oman, Qatar and Saudi Arabia) are eligible to enter the UAE on visa-waiver status and conduct business activities for a short duration. Foreign nationals who are residents of GCC countries and visiting the UAE for business purposes are eligible to obtain an eVisa prior to travel.
Those who are ineligible for a visa waiver, eVisa, or Visa on Arrival must apply for a Visit Visa from a UAE Embassy or Consulate prior to travel. Please consult with your immigration provider before traveling to determine eligibility and the appropriate category.
The activities below, whether paid or unpaid, generally constitute work under UAE law. This list is not exhaustive, and many other professional activities are considered work in the UAE, even if conducted for a short duration.
The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in the UAE. The most common forms of work authorization in the UAE are:
There are no long-term work authorization exemptions available in the UAE. While eligible nationals of GCC member states may enter the UAE on visa-waiver status, they are subject to work authorization and registration requirements.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
What is the change? Authorities in the United Arab Emirates have eliminated the option of placing family residence visas “on hold,” making it more difficult in some cases for family members to stay in the UAE if principal visa holders change jobs.
What does the change mean? The change will not affect family members of principal visa holders who change jobs within UAE free zones. It will, however, impact family members of visa holders who change jobs where either the new job or the old one is outside of a free zone. In such instances, family members who have their visas cancelled will have 30 days from the time of the cancellation to leave the UAE.
Background: Foreign nationals who switch employers in the UAE often have to cancel their initial visas and apply for new ones unless they are eligible for a visa transfer within free zones. In the past, family members of principal visa holders could have their visas put on hold, meaning authorities would freeze their visa status and reinstate family visas once the principal visa holder’s new residence visa was issued.
This is no longer an option. Family residence visa holders now have their visas cancelled before the principal applicant and are given only 30 days from that point to remain in the country.
The change will not affect family members of residence visa holders who obtain visa transfers within free zones because usually under these circumstances neither the principal nor dependents have their visas cancelled. Given that it often takes more than 30 days to apply for and obtain a new visa, however, family members who are affected may be required to leave the UAE while the principal visa holder’s application is pending.
BAL Analysis: Given that many foreign nationals who change jobs do so within UAE free zones, the impact of the change is limited. For those it does affect, however, the change makes it more difficult to keep family in the UAE when switching jobs. Family members who stay more than 30 days after their visas are cancelled risk steep overstay fees and are advised to leave the country if visas cannot be renewed within the 30-day window.
This alert has been provided by the BAL Global Practice group and our network provider located in the United Arab Emirates. For additional information, please contact your BAL attorney.
What is the change? In the last phase of Dubai’s health insurance law, all individuals, including foreign employees and their family members, must be covered by a health plan by June 30.
What does the change mean? All employers are required to cover employees and are encouraged to cover family members of employees. Family members of employees who are not covered by their employers must purchase health insurance coverage. Visas and work permits will not be issued or renewed if an individual does not have health insurance.
Background: Dubai passed the mandatory health insurance law in 2013 and began implementing it in three stages since late 2014 with the goal of covering all 3 million Dubai residents, including expatriates and their family members. Some free zones have already implemented the law since 2015.
BAL Analysis: Employers who do not offer health insurance to employees should develop plans to do so as soon as possible. Employers and individuals found in violation of the health insurance law are subject to monetary fines ranging AED 500 to 150,000 (US $135 to $40,000).
What is the change? Countries in the Gulf Cooperation Council have warned their citizens against traveling to Lebanon, and are deporting some Lebanese nationals, particularly Shiite Muslims.
What does the change mean? Bahrain, Kuwait, Qatar, Saudi Arabia and the United Arab Emirates have urged their citizens not to travel to Lebanon except in emergencies. Qatar, Saudi Arabia and the United Arab Emirates have begun deporting some Lebanese nationals.
Background: Political tensions between Saudi Arabia and Iran worsened at the beginning of the year when Saudi Arabia executed a well-known Shiite leader, and protesters in Iran responded by setting fire to the Saudi Embassy in Tehran. The countries severed diplomatic ties in January.
In February, when Lebanon did not join a resolution condemning the embassy attack, Saudi Arabia canceled $4 billion in military aid to Lebanon. GCC countries have supported their co-member, Saudi Arabia, in the dispute. The United Arab Emirates also reduced its diplomatic staff in Beirut. The GCC comprises Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the UAE.
BAL Analysis: GCC nationals and Lebanese nationals should be aware of the political tensions and anticipate difficulties in traveling between respective countries.
This alert has been provided by the BAL Global Practice group and our network provider located in Lebanon. For additional information, please contact your BAL attorney.
IMPACT – LOW
What is the change? Visitors in the United Arab Emirates who go to Kish Island in Iran – usually to satisfy the required exit when their current UAE visa expires while they await a new visa – are being denied re-entry to the United Arab Emirates. The policy is unofficial but is being applied in practice.
What does the change mean? Visitors intending to exit the UAE while awaiting another visit visa should avoid travel to Iran. Most foreign employees will not be affected because under a recent change they no longer have to leave the UAE to convert their visit visa to an employment visa. In addition, individuals who hold a valid UAE visa or residency permit are not affected and are able to travel to Iran and return to the UAE.
Background: Kish Island off the coast of Iran has been a customary stopping point for expatriate employees and visitors to the UAE who were required to exit at the expiration of their stay while awaiting a pending application, as Kish Island does not require visas for those individuals.
The UAE is now denying entry to individuals who have traveled to Kish Island. The policy appears to be fallout from the tense relations between Saudi Arabia and Iran, as Gulf Cooperation Council countries have supported their co-member, Saudi Arabia, in the political dispute.
BAL Analysis: Visitors to the UAE should avoid travel to Iran if they are awaiting a decision on a visa. At this time, travel to Iran is not a problem for individuals with a valid UAE visa or residency permit or those who are eligible for visas on arrival. The UAE recently changed its rules to allow foreigners holding visitor visas to convert to employment permits without having to exit the country, which eliminates the need to temporarily leave the UAE for many applicants.
This alert has been provided by the BAL Global Practice group and our network provider located in United Arab Emirates. For additional information, please contact your BAL attorney.
What is the change? Immigration authorities in the United Arab Emirates have begun allowing foreign nationals to enter the country on short-stay visit visas and apply for work permits in country, as officials seek to alleviate processing delays associated with new work permit documentation requirements.
What does the change mean? Foreign nationals may enter the UAE on short-stay visit visas and apply for work permits without having to leave the country.
Background: The measures aim to reduce delays caused in part by recent changes to work permit rules. Since Jan. 1, mainland employers have been required to issue employment offer letters that conform to the Ministry of Labour’s approved standard employment contract before work permits are issued. This has caused delays, especially for employees outside the country, because documents have to be couriered to the employee for fingerprinting and then back to the MOL before work permits can be issued. Authorities have now updated their systems to allow foreign nationals to enter the country on a short-term visa, complete the work permit application process and receive work permits without leaving the country. Officials hope the change will reduce wait times and help eliminate backlogs.
BAL Analysis: Employers facing possible delays in obtaining work authorization for foreign workers should discuss the options available to them with their BAL attorney, including the possibility of entering the UAE on a short-term visit visa and applying for work permits in country.
What is the change? Work permit applications for mainland companies in Dubai and Abu Dhabi are experiencing delays because of new rules requiring employers to complete additional steps.
What does the change mean? Mainland employers are now required to issue employment offer letters that conform to the Ministry of Labour’s approved standard employment contract before work permits are issued. The requirement has led to increased processing times, especially for overseas applicants.
Background: The employment offer letters became mandatory under recent changes to labor laws that took effect Jan. 1.
At the work permit approval stage, employers must submit a signed and stamped employment offer letter to the Ministry of Labour. The ministry then generates its own offer letter based on the letter provided by the employer, who must then sign and stamp the new offer letter and send it to the employee for his or her fingerprints and signature. The requirements add significant time to the work permit process, especially for employees outside the country, because documents must be couriered to the employee for fingerprinting and then back to the MOL before work permits can be issued.
BAL Analysis: Authorities in Dubai and Abu Dhabi are considering measures to address the delays, such as allowing applicants to enter the country on a short-term visa and complete the work permit process without having to leave the country; however, these changes have not yet been implemented or updated within the immigration system as approved procedures. BAL is following these developments and will report any additional changes in procedures.