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IMPACT – MEDIUM
What is the change? Brunei’s Labour Department is requiring additional documentation for employment pass applications.
What does the change mean? Applicants must now present the original receipt issued by the Labour Department for the security deposit paid with respect to the job position requested, a cancellation form of the previous employee holding that position and an email receipt from the Labour Department indicating that the employer has completed the “Annual Census for Employer and Employee.”
Implementation time frame: Immediate and ongoing.
Visas/permits affected: Employment passes.
Who is affected: Bruneian employers and foreign nationals applying for employment passes.
Impact on processing times: There may be delays if any of the additional documentation is not immediately available.
Background: Applicants are required to submit the following:
BAL Analysis: Employers sponsoring foreign workers in Brunei should prepare for the additional documentation.
This alert has been provided by the BAL Global Practice group and our network provider located in Brunei. For additional information, please contact your BAL attorney.
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What is the change? The Labour Department of Brunei has introduced new procedures for companies to apply for a license to hire foreign workers. The Foreign Worker License has now replaced the Labour Quota License.
What does the change mean? Employers submitting applications for a Foreign Worker License must follow the new application procedures and rules, which include a local-to-foreign-worker ratio to be determined by the Labour Department in conjunction with other relevant governmental ministries and departments. Employers with existing Labour Quota Licenses are not affected and will continue to follow old rules until further notice by the Labour Department.
Background: The Labour Department and Interior Ministry introduced the new rules to make the process more efficient for businesses hiring foreign nationals, as well as to give priority to local workers for jobs in certain industries. The required ratios of local to foreign workers have not been announced, but will be introduced in stages and will depend on the industry. Companies applying for a Foreign Worker License will undergo inspection only after issuance of the license instead of before issuance, which was the case under the old regime (employers in the construction industry, however, will undergo inspection both before and after issuance of the license).
BAL Analysis: The new process will bring faster processing times, but a greater focus on localization of the workforce. Companies that have existing Labour Quota Licenses may continue to apply for renewal of their labor quotas and request additional quota positions according to the old rules. BAL will update clients if the labor authorities provide further announcement.
IMPACT – LOW
What is the change? Brunei’s Department of Immigration and National Registration is requiring applicants for Business Visit Visas to submit copies of their business license during the application process.
What does the change mean? Foreign nationals applying for BVVs should be prepared to show a copy of their business license prior to entering Brunei.
Background: Effective immediately, Brunei is requiring BVV applicants to provide a copy of a business license.
BVVs are required for foreign nationals whose purpose in traveling to Brunei is to conduct ordinary business activities. BVVs are normally valid for 90 days, but BVVs that are valid for 14, 30 or 90 days may be obtained on arrival by nationals of certain countries. Whether applying for a BVV before travel or upon arrival, however, foreign nationals must produce a copy of their business license as part of their application.
The new business license requirement applies only to BVVs and not to Professional Visit Visas (PVVs).
BAL Analysis: Business travelers should take note of the change to avoid delays or difficulty in getting a BVV.