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IMPACT – MEDIUM
What is the change? The Ghana Immigration Service is now requiring that all applicants for work and residence permits must undergo a medical exam at the GIS medical facility in Ghana.
What does the change mean? Beginning Feb. 15, all new work and residence permit applicants must appear at the GIS medical facility headquarters in Ghana to obtain a medical clearance certificate.
Background: GIS posted a public notice of the new requirement this week, stating that the new policy would safeguard public health and security. The medical certificate will be required of all new applicants for work and residence permits as of Feb. 15, but authorities did not specify which exams will be performed. Under current policy, medical clearance certificates are mandatory for work and residence applicants, but may be obtained outside Ghana as well as within it.
BAL Analysis: The public notice was issued without warning and raises many questions about how the exams will be implemented. and how they might affect application processing times. Meanwhile, applicants should anticipate that they will need to obtain the medical certificate in Ghana. BAL will report on additional details as they become available.
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.
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.
What is the change? A fake U.S. Embassy in Ghana’s capital has been shut down after operating under the radar for 10 years.
What does the change mean? Visa applicants should be aware that scams to sell or issue fraudulent visas can be quite sophisticated, and it is not altogether rare for unsuspecting individuals to fall victim to such scams only to find out that their visas are invalid when they attempt to enter their destination country.
Scams to sell fake visas are more common than people may think, particularly in African countries where many travel documents, including visas and work permits, are often handwritten. In 2014, South Africa stopped recognizing the validity of the Department of Home Affairs’ BI-1750 passport endorsement that confirmed the grant of South African permanent residency due to widespread forgery.
Background: The fake U.S. Embassy in Ghana was shut down earlier this year by agents of the real U.S. Embassy. The building flew an American flag, was staffed by individuals posing as embassy officials and shuttled foreign individuals from other West African countries to phony visa appointments. The U.S. State Department’s Bureau of Diplomatic Security confirmed in a posted article that the scheme provided some customers “fraudulently obtained, legitimate U.S. visas” for US$6,000, as well as counterfeit visas and false identification documents. When the property was raided, 150 passports from 10 countries were found.
The U.S. State Department has denied that anyone entered the U.S. on a fake visa issued by the sham entity. Officials have said it would be difficult to use a fake visa because a traveler’s biometric data would be matched by border officials against the database of the real embassy.
BAL Analysis: Companies that delegate the responsibility of obtaining visas to foreign employees should warn employees about the prevalence of visa scams and encourage them to take precautions to verify that they are only transacting with authentic entities.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
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.
The United States and United Kingdom have both issued statements saying they will consider revoking or denying visas to Ghanaians who engage in political violence in the lead-up to the country’s Dec. 7 election.
Key points:
Background: The U.S. and U.K. statements did not make reference to specific incidents, but they were issued after clashes between supporters of the National Democratic Congress (NDC) and the New Patriotic Party (NPP), the two leading political parties, outside the home of a prominent NPP political figure. The U.S. and U.K. both made clear that they are not supporting any political party over another and are striving to remain neutral while supporting a free election.
B·A·L Analysis: The statements from the U.S. and U.K. are notable not just for the potential immigration consequences, but also as a sign of how the international community might try to use immigration as a way to influence domestic election processes in Africa and elsewhere. Foreign nationals in Ghana may wish to review their security situations, and those in need of immigration services should anticipate delays in processing through December.
This alert has been provided by the BAL Global Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
What is the change? Ghana is preparing for Presidential and Parliamentary elections to be held Dec. 7.
What does the change mean? Some immigration processing delays are already occurring and are likely to continue up until the elections and immediately after.
Background: Ghanaians will head to the polls Dec. 7 to elect a President from among seven candidates representing multiple political parties, including incumbent John Dramani Mahama of the governing National Democratic Congress party, who has been president since 2012.
B·A·L Analysis: Employers and assignees should anticipate immigration process delays throughout election season and the holiday season thereafter.
What is the change? Ghana’s Petroleum Commission has said it will crack down on foreign companies “fronting” as “indigenous Ghanaian companies” to take advantage of government benefits in the upstream petroleum sector.
What does the change mean? Executives for companies in the upstream petroleum sector that are found culpable of fronting face up to two years’ imprisonment and fines of up to 3 million cedis (about US$757,000). Companies found culpable will be declared noncompliant with Ghanaian law and may have serious difficulty operating in the upstream petroleum sector. • Implementation time frame: Immediate and ongoing. • Who is affected: Companies operating in Ghana’s upstream (exploration and production) petroleum sector. • Business impact: Foreign companies and executives found to have fronted as Ghanaian companies in the upstream petroleum sector will face serious consequences and will have significant difficulty continuing to operate in the country. Background: Ghana’s Petroleum (Local Content and Local Participation) Regulations, 2013 (LI 2204) provide certain benefits to indigenous Ghanaian companies, which are defined as companies that have at least 51 percent of their equity owned by Ghanaian nationals and have Ghanaian nationals in 80 percent of executive and senior executive positions and 100 percent of nonmanagerial positions. The Petroleum Commission said it has observed a pattern of companies making false representations to the commission in order to take advantage of government benefits. The commission said this month that regulations on fronting – defined as acting in a “particular manner to conceal the fact that a company is not an indigenous Ghanaian company” – will be strictly enforced.
BAL Analysis: The commission has signaled that it is serious about cracking down on foreign companies fronting as Ghanaian operations. Companies that take advantage of government benefits for indigenous Ghanaian companies should make sure they are in compliance with all regulations in order to avoid disciplinary action.
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. Follow us on Twitter: @BAL_Immigration 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. Source: Berry Appleman & Leiden LLP
What is the change? Companies that fail to renew their registration or file annual returns are now subject to financial penalties.
What does the change mean? Companies are subject to fines of 300 cedi (about US$75) per day for late registration or late annual returns. If the company fails to file by the end of the year, its name will be removed from the records. Companies that registered with the Registrar General’s Department before October 2011 must reregister by the end of the year or face the same penalties.
Background: Companies in Ghana must file annual returns with the Registrar General’s Department, and partnerships must submit annual partnership renewals to remain in good standing. Following the launch of the Ghana e-Government project, all companies registered in Ghana before October 2011 are required to reregister their entities and obtain new tax ID numbers.
BAL Analysis: Ghanaian companies and partnerships should prepare to update their registration and annual returns as soon as possible.
IMPACT – HIGH
What is the change? The Ghana Immigration Service announced Friday that it will issue visas-on-arrivals for nationals of all African Union member states, effective immediately.
What does the change mean? All African nationals (with the exception of Morocco, which is not a member of the African Union) may obtain a visa-on-arrival at Kotoka International Airport in Accra. The Immigration Service additionally confirmed that the program will be extended to all other Ghanaian ports of entry in three months.
Background: President John Mahama announced in February that visas-on-arrival would be introduced for nationals of 54 African countries. Previously, Ghana only allowed visa exemptions for nationals of the 15 member states of the Economic Community of West African States (ECOWAS).
For the visa-on-arrival, eligible African travelers must have a passport that is valid for at least three months from the date of entry to Ghana, show a return ticket or evidence of onward travel, and demonstrate proof of accommodation and sufficient funds for the period of intended stay in Ghana.
BAL Analysis: The visa-on-arrival policy will significantly improve travel for African nationals doing business in or visiting Ghana for short stays. Furthermore, it is anticipated that the announcement will encourage other African Union member states to similarly liberalize their visit visa regimes, which would further facilitate intra-continental business travel.
What is the change? Ghana Immigration Services is raising government filing fees for certain work permits and residence permits.
What does the change mean? The fee for rotator permits for oil and gas workers will double from US$500 to $1,000. Resident permits will increase from $300 to $500. A resident permit fee of $300 will be introduced for nationals of the Economic Community of West African States (ECOWAS) and $150 for Ghanaians holding foreign passports. The monthly penalty for expiration of a resident permit will increase from $50 to $180 (and from $30 to $60 for ECOWAS nationals and $20 to $30 for Ghanaians holding foreign passports).
BAL Analysis: Companies applying for rotator permits and resident permits should budget for the government fee increases.
What is the change? Under recently implemented regulations, the Ghanaian Petroleum Commission has introduced a new additional administration fee for initial work permit applications, as well as work permit renewals and appeals. Additionally, the commission has introduced a new information gathering sheet, which needs to be completed and included with all such applications.
What does the change mean? Applicants in the oil and gas sector must pay an additional fee and ensure that their applications for work permits, renewals or appeals include a completed information gathering sheet.
Background: In furtherance of the recent implementation of the Petroleum Commission (Fees and Charges) Regulations 2015 Act, the Ghanaian Petroleum Commission has introduced the following two new requirements for work permit, work permit renewal and work permit appeal applications:
BAL Analysis: The introduction of the new information gathering sheet is expected to result in quicker turnaround times for work permit applications in the oil and gas sector. Employers and individuals should factor the additional government fees into their budgets for foreign national employees.
What is the change? Ghana has announced that it plans to offer a new class of visas on arrival to nationals of member countries of the African Union.
What does the change mean? Once the new scheme is introduced, nationals of all but one African country will no longer need to secure a visa from either a consulate or the Ghana Immigration Service before traveling to Ghana for visits of up to 30 days.
Background: Ghanaian President John Mahama announced the plan Feb. 25 in his State of the Nation address to Parliament. Under the new policy, nationals of all member states of the African Union will no longer be required to secure a visit visa prior to travelling to Ghana. Rather, the visit visa will be issued at the port of entry.
Currently, only nationals of the 15 countries of the Economic Community of West African States (ECOWAS) are exempted from needing a visit visa prior to traveling to Ghana. Once the new scheme is introduced, nationals of all 54 countries of the African Union will no longer need such pre-travel approval. The only country in Africa that is not a member of the African Union is Morocco. The Central African Republic was suspended from all African Union activities in March 2013 but continues to be a member state.
BAL Analysis: The visas on arrival will significantly improve travel for African nationals doing business in or visiting Ghana for short stays. Details of implementation will become clearer in the coming months. BAL is following this change and will provide updates as information becomes available.