IMPACT – MEDIUM

Ugandan machine-readable passports will no longer be valid for international travel after April 4, 2022, and will be replaced by international East African e-passports.

Key Points:

  • The cost of an ordinary international East African e-passport is UGX 250,000 or USD$67.81, for a service international East African e-passport it is UGX 400,000 or USD$108.49 and for an international East African diplomatic passport it is UGX 500,000 or USD$135.61.
  • International e-passports can be applied for here.

Background: The Ugandan government launched the Ugandan East African e-passport in 2018. A two-year transitional period followed to allow the phasing out of East African and international machine-readable passports. The initial deadline of Jan. 31 has been extended to April 4.

Analysis & Comments: Employers should take note of the transition to the international East African e-passport and plan accordingly. Employers whose businesses will be impacted by the transition may wish to consult with Deloitte to discuss their plans.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

 

IMPACT – HIGH

Uganda will reopen air and land borders and has relaxed some internal restrictions that were put in place to mitigate the spread of COVID-19.

Key Points:

  • Air and land borders are set to reopen Oct. 1.
  • Inbound and outbound business and tourist visitors will be required to present a negative PCR COVID-19 test certificate.
    • Arrival protocols. All travelers arriving in Uganda must have a negative COVID-19 certificate. The test must have been performed within 72 hours of arrival. Neither foreign travelers nor Ugandan citizens will be required to quarantine if they have a negative COVID-19 test. Arriving travelers are required to provide their addresses to the Ministry of Health for follow up.
    • Departure protocols. Passengers leaving Uganda must obtain a valid PCR COVID-19 PCR test within the 72-hour period before departure. Where a PCR test is not available, the passenger must ensure that he or she has clearance from the country being traveled to in order to demonstrate that it is not possible to take a PCR COVID-19 test, and will be allowed to enter the country on arrival.
  • Local Ugandan travel workers such as tour operators are required to guide passengers so they travel directly to their stay locations and limit their interactions with Ugandan citizens.
  • Uganda began relaxing certain internal restrictions in Sept. 20, including:
    • Lifting restrictions on movement within border districts, which are districts with main border entry points from neighboring countries into Uganda.
    • Allowing shopping malls, pharmacies, supermarkets, hotels, restaurants and hair salons to operate. These establishments are encouraged to continue practicing the standard operating procedures set in place by the Ministry of Health.
    • Allowing places of worship to operate with a maximum of 70 people in attendance, provided they follow Ministry of Health guidelines.
    • Allowing certain educational institutions to reopen.
    • Allowing open-air sports activities with no spectators. Participants are required to be tested for COVID-19 72 hours before the activity.

Additional Information: While a number of previous COVID-19 restrictions have been relaxed, others remain in place. Indoor spaces such as movie theaters, bars, casinos and gyms remained closed. Gatherings of more than five people and exercising in public are not allowed. People must wear protective masks when they are in public spaces. A nationwide curfew also remains in effect.

Analysis & Comments: Employers may send their employees to Uganda beginning Oct. 1, provided they are in compliance with entry requirements. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What are the work-permit enforcement trends? While Ugandan authorities continue to issue Special Pass permits for short-term assignments of up to five months, they are no longer accepting Special Pass applications for employees intending to work in Uganda longer than five months. Additionally, authorities are increasingly scrutinizing and rejecting work permit applications that do not comply with Ugandan advertising rules.

  • Visas/permits affected: Special Pass permits, G2-Class (long-term) work permits.
  • Who is affected: Employees and employers applying for Ugandan work permits.
  • Impact on processing times: Special Pass approvals are unpredictable; G2-Class work permit approvals are generally issued within a month.

The details: 

  • Special Pass permits. Generally, Special Pass permits have been an expedient work authorization option for short-term stays, as the application requires fewer accompanying documents than the work class permit application. In the past, employers would apply for Special Pass permits for employees with contracts of longer than five months, which allowed the employee time to apply for longer-term work authorization once already working in Uganda. Recently, authorities have been increasingly rejecting Special Pass permit applications for employees with contracts of longer than five months. While the option still exists for short-term stays, employers are encouraged to submit work permit applications prior to entry for any assignment longer than five months.
  • Labor market testing. The government has been taking a stringent approach to labor market testing regulations, which have been in place for many years, but were not rigorously enforced. Employers sponsoring work permit applications must advertise the available position for a reasonable number of days in a daily printed newspaper with nationwide circulation—online advertising does not satisfy government requirements. Applications for certain job titles, such as HR, finance and marketing positions, which could presumably be filled by qualified Ugandan nationals, are being increasingly scrutinized, and it is often difficult to obtain approval for these positions. Employers should expect authorities to ask follow-up questions on advertising and recruitment efforts. While the term “reasonable” is not defined by regulation, generally advertising of at least 30 days will satisfy government standards.

Moving forward: Employers sponsoring foreign workers in Uganda will need to apply for a G2-class work permit prior to entry for all types of assignments and can no longer rely on approval of Special Passes for assignments longer than five months. Employers are on notice that advertising and training requirements are stringently enforced for all types of work permits, especially the G2-Class permit.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.

IMPACT – MEDIUM

What is the change? Uganda’s immigration authorities this week dispatched a team of investigators to check the documents of foreign nationals, with the aim of arresting foreigners who do not have proper status or are working without permits.

What does the change mean? Twenty-eight foreign nationals were arrested, and the Directorate of Citizenship and Immigration indicated that investigations are ongoing. Foreign nationals are advised to carry identification and documentation of their status at all times in case inspectors request them.

  • Implementation time frame: Ongoing. 
  • Visas/permits affected: All visas and work permits.
  • Who is affected: Foreign nationals in Uganda.
  • Business impact: Employers and individuals face fines, prosecution, deportation and other penalties if found in violation of immigration laws.
  • Next steps: Companies should be prepared for inspections of their workers.

Background: In addition to tracking down foreign nationals who have overstayed or who lack work permits, authorities also warned that foreign nationals who hold valid work permits are only authorized to work in the job and location for which the permit was granted. Individuals with pending applications should carry their receipts, and those who have outstanding assessments should make sure to pay them.

BAL Analysis: Employers in Uganda should be aware of the ongoing investigations into foreign nationals working improperly in the country and should conduct a review of their documents to ensure compliance with all immigration regulations.

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.

IMPACT – MEDIUM

What is the change? Uganda has launched two changes to visa processing: An electronic system has been introduced for the filing and processing of all types of visas, work permits and passes, and the government filing fee for single-entry visitor visas has been reduced from US$100 to $50 in order to promote tourism.

What does the change mean? Applicants seeking to travel, work or study should transfer to the e-immigration system. Work permit applications are no longer accepted manually, and companies sponsoring individuals for work permits must register their profile on the Ugandan e-immigration website before applying for work permits.

  • Implementation time frame: Immediate.
  • Visas/permits affected: Allvisas, work permits, student passes, dependent passes, certificate of residence.
  • Who is affected: Individuals applying to travel, study or work in Uganda; organizations sponsoring foreign nationals for work permits.
  • Impact on processing times: All visas, permits and passes are to be approved in 2-3 business days, unless additional documentation is requested. Applicants are advised to apply one week or more in advance.
  • Business impact: The system will streamline the overall filing and application process.
  • Next steps: Companies and organizations sponsoring applicants must submit their profile through the e-immigration system and receive a code via email to be used when applying for permits or passes. A list of required documents to complete the profile may be viewed here.

Background: The Directorate of Citizenship and Immigration Control announced the changes this month.

The e-immigration system is now fully implemented for work permit applications, which are no longer accepted manually. However, if a work permit applicant has already filed manually, the applicant’s family members should submit their dependent pass applications manually also.

Applicants for visas-on-arrival should transition to the e-immigration system, which issues an electronic approval before travel. Currently, manual applications at ports of entry are still being accepted, but the immigration authorities plan to set a date when they will stop doing so and notify airlines to stop accepting passengers without an e-visa.

The government is in the process of equipping its embassies and consulates with the electronic system.

BAL Analysis: The move to an online immigration system should benefit employers and foreign nationals. BAL can assist employers in the profile registration and submission processes.

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.

IMPACT – MEDIUM

What is the change? The Ugandan government is planning to introduce “local content” requirements for the country’s oil and gas industry as a reflection of its commitment to compliance and to promote localization of the workforce in the sector.

What does the change mean? Local content regulations typically require companies to employ local nationals only in junior and intermediate level positions and to submit a succession plan to a government agency detailing the positions held by foreign nationals who have been granted work permits and the names of the local understudies who will replace each foreign national when his or her work permit expires.

  • Implementation time frame: To be determined.
  • Visas/permits affected: Work permits.
  • Who is affected: Companies hiring foreign nationals in the oil and gas industry.
  • Impact on processing times: Local content regulations tend to streamline the processing of individual work permit applications, but often additionally introduce a separate corporate-level application process that needs to be followed periodically before the individual work permit application can be submitted.
  • Business impact: Businesses should anticipate heightened localization of the workforce in the industry and greater regulation.

Background: Uganda intends to invest US$20 billion over the next five years to develop 15 oil fields and construct a new refinery and export pipe line. To maximize the long-term economic benefit of the investment, the government is planning to introduce local content requirements. To that end, a senior level Ugandan delegation, led by the Ministry of Energy and Mineral Development’s director of petroleum, recently visited the Nigerian Content Development and Monitoring Board to discuss models and policies relevant to the oil and gas industry that have proven to be successful in Nigeria.

BAL Analysis: Companies operating in the Ugandan oil sector should expect the introduction of more uniform regulations sector-wide aimed at greater localization of the workforce and reducing the level of current dependence on foreign national skill-sets.

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.

IMPACT – Medium

What is the change? Ugandan immigration authorities have stopped issuing special passes to most first-time work permit seekers who enter the country without an approved work permit.

What does the change mean? Most foreign workers must obtain work permit approval before entering Uganda, or risk being turned away at the airport.

  • Implementation timeframe: Immediate.
  • Visas/permits affected: Special passes, work permits.
  • Who is affected: First-time work permit applicants of all nationalities, including East African Community members. Note that applicants for Class D work permits can still obtain special passes.
  • Impact on processing times: Thechangewill add to work permitprocessing times.
  • Business impact: Businesses can no longer rely on workers having the ability to enter first and start working immediately on a special pass.
  • Next steps: Businesses will have to plan for the additional delay and burden of applying for work permits pre-arrival.

Background: The new policy aims to stem abuse of special passes.

Many foreign employees enter Uganda and work on a special pass while they apply for a work permit, but often go a year or longer without applying.

Ugandan authorities are now refusing to issue special passes to first-time work permit applicants, and are requiring them to have work permit approval before entering Uganda. The change affects all foreign nationals seeking to work in Uganda, including citizens of East African Community member states.

However, authorities are still issuing special passes to business travelers performing commercial activities on a short-term basis, foreign workers planning to work for less than six months, investors and directors applying for class D work permits, and work permit renewal applicants.

An official policy announcement is expected soon from the Minister of Internal Affairs, Gen. Aronda Nyakairima.

BAL Analysis: This represents a significant change from earlier practices, with costly and inconvenient consequences for employees who are refused entry and forced to return home to wait for work permit approval before re-entering. Employees currently holding special passes must apply for work permits before their passes expire, and will not be allowed to apply in-country if their special passes expire.

This alert has been provided by the BAL Global Practice group and our network provider located in Uganda. For additional information, please contact GlobalVisaGroup@bal.com.

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 – Low

What are the changes? Uganda has agreed to abolish work permit fees for Kenyans and Rwandans beginning Jan. 1, 2014.

  • Implementation timeframe: Jan. 1, 2014.
  • Visas/permits affected: Work permits.
  • Who is affected: Kenyan and Rwandan nationals working in Uganda.
  • Impact on processing times: No impact.
  • Business impact: The waiver of fees will reduce labor and immigration costs.

Background: Ugandan President Yoweri Museveni agreed to scrap the work permit fees during a meeting with Rwandan Presidents Paul Kagame and Kenyan President Uhuru Kenyatta in Kigali last week. The three signed an agreement that unifies tariffs and facilitates the movement of goods and people among the three countries.

In a related development, East African Community General Secretary Dr. Richard Sezibera called for all countries of the regional bloc to abolish work permit fees to reduce barriers between member countries.

The proposal has been debated for years, but not all members are on board. Last August, Tanzania increased its work permit fees by 33 percent on other member states.

BAL analysis: The waiver of work permit fees will reduce the cost of business and make it easier for Kenyans and Rwandans to work in Uganda.

This alert has been provided by the BAL Global Practice group and our network provider located in Uganda. For additional information, please contact GlobalVisaGroup@bal.com.

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.