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What is the change? The Colombian government has extended the legalization program for Venezuelan nationals into a second phase.
What does the change mean? Venezuelan nationals who entered Colombia legally before Feb. 2 are eligible to apply for a special permission to stay through a Department of Migracion Colombia website. In order to be eligible, they (1) must have a valid Venezuelan passport with a stamp that proved entrance to Colombia before Feb. 2, (2) cannot have a criminal record in Colombia or another country and (3) must not be subject to a deportation order. Authorities may exercise their discretion in deciding whether to issue a special permission to stay.
Background: Minister of Foreign Affairs María Ángela Holguín announced the first phase of the legalization program in August 2017 and Venezuelans who entered Colombia legally before July 28, 2017, were eligible to apply for a PEP. At that time, approximately 150,000 Venezuelan nationals were in Colombia with an expired visa.
BAL Analysis: The legalization program continues to provide relief to tens of thousands of Venezuelans, including those who have been unable to return home due to the ongoing political and economic crisis in that country.
This alert has been provided by the BAL Global Practice group and our network provider located in Colombia. 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.
IMPACT – MEDIUM
What is the change? Antigovernment protestors launched a two-day general strike ahead of Sunday’s scheduled vote to form a new constituent assembly. The strike has led to office and road closures. Traveling to Venezuela has also become more difficult as airlines continue to cut down on the number of flights to the country.
What does the change mean? All services are affected by the demonstrations, which have prompted widespread office and road closures, particularly in Caracas and other major cities. Processing times will likely be further delayed as offices face service and staffing reductions and demonstrators disrupting roads and public transportation. Travel to Venezuela may also be delayed.
Background: Antigovernment demonstrators have been protesting President Nicolás Maduro’s government since April. Demonstrations have ramped up since last week as a vote that critics say will give Maduro more power approaches. Demonstrators began a 48-hour general strike Wednesday, and planned to continue protesting Friday.
Processing times, which were already inconsistent, are likely to be further delayed and many services are not available at all. This includes services at a number of foreign embassies and consulates The U.S. Embassy in Venezuela, for example, said its consular section would be open during the 48-hour period only for emergency services. Visa appointments are being rescheduled. The embassy also said it “strongly cautions all U.S. citizens to avoid protest areas, as even demonstrations intended to be peaceful can escalate into violence.”
Flights to Venezuela have been significantly cut back. The Colombian airline Avianca said Wednesday that it is halting service to Venezuela because of security concerns. Reuters reported that other airlines that have either suspended or reduced flights to Venezuela include United Airlines, American Airlines, Delta Air Lines, Air Canada, Aeromexico and LATAM Airlines Group.
BAL Analysis: Foreign and Venezuelan nationals should prepare for the possibility of extensive delays in services. Foreign nationals may want to take personal safety measures and avoid demonstrations. The reduction in flights makes it more difficult to travel to Venezuela. Those with scheduled flights may wish to double-check with their airline about possible cancellations or delays before traveling.
This alert has been provided by the BAL Global Practice group and our network provider located in Venezuela. 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.
What is the change? Antigovernment protests and unexpected office closures have hampered already unpredictable immigration processes in Venezuela.
What does the change mean? All services are affected and processing times vary widely, both for foreign nationals seeking work authorization in Venezuela and for Venezuelan nationals or residents in need of criminal background checks or other services in Venezuela. Consular authorities and Ministry of Foreign Affairs offices are also experiencing delays in service as demonstrations have disrupted roads, traffic and public transportation.
Background: Processing times vary widely depending on a number of factors and may be exacerbated by frequent personnel changes or unexpected closures. Based on the best information BAL is able to obtain, the current processing times are approximately:
Antigovernment protests have continued over the past couple of weeks, further throwing processing times into flex. Even when open, government offices usually close at noon, further limiting the ability to obtain services.
BAL Analysis: Businesses should plan as far in advance as possible and factor in delays that could arise due to unexpected circumstances.
What is the change? Venezuela has implemented new regulations affecting the processes for obtaining new and renewed transient labor (TR-L) visas.
Background: The TR-L visa is the primary work visa in Venezuela. The Venezuelan government recently announced that:
BAL Analysis: The changes add more requirements to the TR-L visa application process in some instances. In order to avoid unnecessary difficulty, employers should take note of the changes and make sure procedures for affected foreign nationals are properly followed.
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? Venezuela will continue to operate all government offices on a half-day schedule until further notice.
What does the change mean? Companies and individuals should plan for delays when applying for work permits, visa renewals and related government services, such as document processing and legalizations.
Background: Venezuela began curtailing government operating hours in May to approximately 10 hours per week. The government has now announced that while public offices will be open Monday through Friday, they will only operate from 8:30 a.m. to 1 p.m.
The government had indicated that the closures were intended to reduce energy consumption during the El Niño storm season.
BAL Analysis: Applicants should factor in the shorter government office hours and anticipate that delays are likely to continue indefinitely until the government resumes normal full-time service.
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.
What is the change? The Venezuelan government has announced that it will extend restrictions on government working hours until June 10.
What does the change mean? Applicants should expect delays to continue until the end of June in all governmental services, including documents processing, legalizations, work permit applications and visas renewals.
Background: Through June 10, all Venezuelan government entities will only be open on Mondays and Tuesdays and closed the rest of the week. Additionally, most government entities will work a reduced schedule from 8 a.m. to 1 p.m.
This means that most government entities will be working only 10 hours per week.
The announcement extends the curtailed schedule that was previously announced for the month of May. The closures are intended to reduce energy consumption during the El Niño storm season.
BAL Analysis: Although business hours are expected to return to normal by mid-June, employers and individuals should anticipate a backlog that will cause delays through at least the end of the month.
The U.S. Embassy in Caracas has suspended business and tourist visa processing for first-time applicants, due to staffing shortages that have forced the embassy to curb services.
Key points:
Background: The embassy said the service cutbacks are the result of the Venezuelan Foreign Ministry’s refusal to issue visas to embassy personnel and to technicians who maintain the embassy’s computer system. “For many months, we have not had sufficient embassy personnel to handle the existing workload in Venezuela and, despite our best efforts, large backlogs of visa applications have accumulated,” officials said in a statement posted to the embassy website. The statement said that full visa services would resume once staff members receive the visas they need and begin working.
BAL Analysis: The change could have a negative impact on Venezuelans, including oil and gas professionals, seeking business opportunities in the U.S. On top of that, even when full services are restored, embassy staff will be faced with a backlog of visa applications and possibly a raft of new applications that could cause significant processing delays.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
What is the change? The Venezuelan government has announced further limitations on government working hours to reduce energy consumption.
What does the change mean? In addition to a reduced schedule of 8 a.m. to 1 p.m. for most government offices, all government entities during May will be closed Wednesdays, Thursdays and Fridays.
Background: Earlier this month, the government announced that most government offices would be closed on Fridays and work a reduced schedule Mondays through Thursdays. According to an updated announcement, during the month of May all government entities will further reduce working days to Mondays and Tuesdays from 8 a.m. to 1 p.m. only.
The closures are intended to save energy during the El Niño storm season.
BAL Analysis: Employers and foreign nationals should be aware that most government offices will only be operating 10 hours per week in May. Even if normal hours resume in June as planned, applicants should anticipate a backlog to cause delays through June.
What is the change? Government agencies have significantly reduced operating hours in an effort to save energy, a change that is expected to cause significant processing delays.
What does the change mean? Most government agencies will be closed Fridays. Agencies will operate on a reduced schedule Monday through Thursday, when they will be open from 8 a.m. to 1 p.m. Anyone in need of work permits, visa renewals, document legalization or other immigration-related services should be prepared for delays that could last months.
Background: Venezuela is often hampered by processing delays, but the changes – which took effect today – will further exacerbate the challenge of obtaining immigration services in a timely manner.
It is not clear how long the reduced hours will last. A notice published in Venezuela’s Official Gazette said the schedule will remain in place until the effects of the El Niño weather system pass. The notice does not list a date when hours will return to normal, but employers should expect that Venezuela will operate with reduced hours at least through May.
Delays are expected to persist into June or even longer because officials will have a backlog to work through even after normal hours resume.
BAL Analysis: Those in need of immigration services in Venezuela should submit applications as early as possible and be prepared for significant delays. Employers should work with their BAL professional to strategize how best to obtain immigration services in Venezuela over the next few months.
What is the change? Some foreign embassies in Venezuela are requesting that police clearances issued by Venezuelan authorities contain a validation code for additional security.
What does the change mean? Citizens of Nigeria and Angola requesting Venezuelan police clearances should not apply for standard police clearances and should put in a special request that the Ministry of Interior stamp their police clearances with a unique bar code. The practice may be adopted by other embassies.
Background: The Ministry of Interior issues police clearance certificates either in standard form or with a validation code. The validation code that appears as a bar code on the document is a security measure to prevent fraud.
BAL Analysis: Affected nationals should allow more time to obtain the additional validation code. Other nationals should check with their BAL team to determine if their embassies are also requesting the code.