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IMPACT – HIGH
What is the change? The Kenyan Directorate of Immigration has announced that all applications for work permits and passes that are submitted beginning next week must include a police clearance certificate from the applicant’s country of origin or residence.
What does the change mean? Foreign nationals must now additionally submit a police clearance certificate, from their home country or from their country of residence, in support of any work permit or pass application.
Background: Foreign nationals undertaking work activities in Kenya are required to have either a Special Pass (short-term work permit) or a Class D Permit (long-term work permit). Family members accompanying foreign nationals with Class D Permits must apply for either a Dependent Pass or, if of school-age, Student Pass from the Directorate of Immigration. The additional document requirement relates to all these application types, both initial and renewal applications, starting Monday.
BAL Analysis: Employers in Kenya should be aware of the new requirement for a foreign national police clearance certificate and aim to obtain this additional document early in the immigration process to avoid delays.
This alert has been provided by the BAL Global Practice group and our network provider located in Kenya. For additional information, please contact your BAL attorney.
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IMPACT – LOW
What is the change? The Ghana Immigration Services will begin requiring that tax clearance certificates state that they have been issued specifically for immigration purposes.
What does the change mean? The stricter requirement will initially apply to individuals applying for an emergency visa on arrival. However, the policy is likely to be extended to all immigration services that require the sponsor company’s valid tax clearance certificate to be submitted in support of the application, including work permits.
Background: The change in policy was posted as a public notice at the Ghana Immigration Service office in Accra and states that, effective Oct. 1, tax clearance certificates submitted in support of applications for an emergency visa on arrival must be valid and clearly state that their purpose is for immigration-related services. The Immigration Service is apparently concerned that applications for emergency visas on arrival are currently being supported by certificates that the tax authorities originally issued for purposes other than immigration.
Emergency visas on arrival are available at Ghanaian ports of entry to foreign nationals traveling on short notice. The visa requires pre-travel approval by the Immigration Service and applications in this regard must include an application letter from the Ghanaian sponsor company and other supporting documentation, including a tax clearance certificate demonstrating that the Ghanaian sponsor company’s required tax payments are up to date.
BAL Analysis: Ghanaian sponsor companies supporting applications for emergency visas on arrival should make sure their tax clearance certificate is valid and clearly states that it is for immigration purposes. Such companies should also assume that tax clearance certificates submitted in support of work permit applications clearly state their use is for immigration purposes.
This alert has been provided by the BAL Global Practice group and our network provider located in Ghana. For additional information, please contact your BAL attorney.
IMPACT – MEDIUM
Authorities in Abu Dhabi have begun enforcing new rules on tenancy requirements for those seeking dependent residence visa renewals.
Key points:
BAL Analysis: Applicants for dependent residency visas, including renewals, should take note of the rules and make sure they have followed proper procedures in order to avoid unnecessary processing or the possibility of having applications rejected. Those with questions about specific cases should contact BAL.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
What is the change? Qatar has signaled that it will allow some foreign nationals to apply for permanent residency, a change that would provide qualified nationals many of the same rights as Qatari citizens in a country that relies heavily on foreign labor.
What does the change mean? Once the change is implemented, qualifying foreign nationals will be eligible to apply for permanent residency. The Ministry of Interior is expected to create a special committee to handle permanent residency applications.
Background: Qatar, like many of its neighbors, relies heavily on foreign labor. Foreign workers make up about 85 percent of the population, which was about 2.3 million in July. QNA, Qatar’s state news agency, reported in August that the committee would be permitted to grant permanent residency to (1) children of Qatari women married to non-Qatari nationals; (2) those who have performed “great services” for Qatar; and (3) those deemed to have “special competencies” that are in demand.
Qatar is moving toward allowing foreign nationals to apply for permanent residency as it navigates a diplomatic crisis with many of its Persian Gulf neighbors and amid growing pressure from the international community to improve labor standards ahead of the 2022 World Cup soccer tournament. The change would allow those who obtain permanent residency to enjoy many of the same rights as Qatari citizens, including access to education, health care and the right to own property. They would also receive priority treatment, second only to Qatari citizens, for civil service and military positions.
BAL Analysis: The change could help make Qatar a more popular destination for foreign nationals, something the Qatari government is eager to pursue amid attempts to isolate Doha. The government has not completed all the steps it must take before it can begin accepting applications, however. BAL will continue to follow this issue, and provide additional information as it becomes available.
Several bills have been introduced Congress that would protect undocumented youth, known as “dreamers,” from deportation, replacing the Deferred Action for Childhood Arrivals (DACA) program. On Sept. 5, the Trump administration announced that it would phase out DACA by March 5, 2018, giving Congress six months to come up with a legislative solution.
BAL has prepared a chart of current legislative bills to protect undocumented childhood arrivals and a comparison of each bill’s provisions on eligibility, relief offered and basis for rescission. Read the comparison here.
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 Directorate of Migration in Maputo is being investigated for corruption after 17 million meticais (approximately US$ 278,000) have gone missing from its accounts.
What does the change mean? The investigation may cause delays in immigration services, including the issuance of residence permits (known locally as DIREs) and exit and re-entry permits, at the Maputo office.
Background: The investigation by the Mozambican Central Office for Combatting Corruption (GCCC) is looking into the disappearance of about one-third of the Directorate of Migration’s receipts for the month of March this year. The Directorate of Migration in Maputo recorded receipts of 48 million meticais (approximately US$ 790,000), of which only 31 million meticais (approximately US$ 512,000) appeared in its bank accounts.
BAL Analysis: Employers should be aware of potential slowdowns due to the investigation into the Directorate of Migration’s finances.
What is the change? The Philippines has issued regulations for its new visa-on-arrival program for Chinese nationals.
What does the change mean? Chinese nationals will be eligible to obtain visas on arrival if they provide (1) a letter from an accredited Philippine tour operator or endorsed by a government entity, (2) three copies of the biographical page of their passport, (3) flight details, and (4) an affidavit describing their intended activity in the Philippines. Tour groups of 20 or more people must provide a USB with the names, dates of birth and (3) passport information for all travelers. Visa-on-arrival applications and supporting documentation must be submitted no less than 10 days before travel.
BAL Analysis: While the Philippines’ new visa-on-arrival program was designed in part to boost business travel from China, the documentation requirements make it hard to tell at this point whether the program will be a viable option for individual business travelers. Chinese nationals traveling to the Philippines should consult with BAL about the visa option that is best for them. At this point, individual business travelers should consider the visa on arrival only as a last-minute alterative. Travelers should note that work activities are not permitted on a visa on arrival, however, and still require work authorization.
This alert has been provided by the BAL Global Practice group and our network provider located in the Philippines. For additional information, please contact your BAL attorney.
What is the change? Reports on the salaries paid to highly qualified specialists during the third quarter of 2017 (July through September) must be submitted between Oct. 2 and Oct. 31.
What does the change mean? The reports are required quarterly, and employers must meet minimum salary payment levels by the end of each quarter.
BAL Analysis: Companies should ensure that they submit their quarterly reports on time and that the salaries comply with wage thresholds for HQS workers.
What is the change? A three-judge panel on Hong Kong’s Court of Appeal has ruled that authorities were wrong to deny a visa to a British national seeking dependent status on the basis of a same-sex partnership.
What does the change mean? The ruling could clear the way for same-sex spouses and partners to qualify as dependents for immigration purposes. However, the decision may be appealed to the Court of Final Appeal.
Background: The case involved a British woman identified as QT who entered into a same-sex civil partnership in the United Kingdom in 2011 before moving to Hong Kong. Authorities denied QT a dependent’s visa, saying she did not qualify as a spouse for immigration purposes. QT sued, and a lower court sided with the immigration authorities in saying the visa was appropriate. The appeals court reversed that decision in a 3-0 decision, with Judge Andrew Cheung writing that there was no rational reason for the visa denial. “Times have changed and an increasing number of people are no longer prepared to accept the status quo without critical thought,” he wrote. If the case is upheld, Hong Kong would be one of the first locales in Asia to offer dependent status to foreign nationals on the basis of a same-sex relationship.
BAL Analysis: Same-sex marriage is not recognized in Hong Kong, but the court ruling means that same-sex relationships recognized in foreign countries may be honored in Hong Kong for immigration purposes. It is not yet clear, however, whether the ruling will be appealed and, if so, how much longer it might be before the litigation is complete.
What is the change? Thailand’s Board of Investment has partnered with the Immigration Bureau and the Department of Employment to launch a new service that will allow BOI-registered companies to file work permit, visa and renewal applications electronically. Those using the service will be provided a digital work permit instead of the work permit booklets that are currently used.
The Single Window system will be implemented in phases as follows:
BAL Analysis: The new work permit and visa service should ease application processes for BOI-registered companies. The program will be implemented in phases, but will become mandatory Jan. 1 for applicants using the One-Stop Service Center in Bangkok or the immigration or employment offices in Chiang Mai and Phuket. It will become mandatory across Thailand in October 2018.
This alert has been provided by the BAL Global Practice group and our network provider located in Thailand. For additional information, please contact your BAL attorney.