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IMPACT – MEDIUM
What is the change? Authorities in the United Arab Emirates have, in at least some cases, begun requesting certificates of good conducts (police clearance certificates) with visa applications.
What does the change mean? Authorities announced in January that the requirement would be put in place beginning Feb. 4. However, BAL is aware of at least one case of a certificate that was already requested for an in-country applicant applying for a new UAE residence visa through the Dubai Airport Free Zone Authority. While implementation dates may vary from free zone to free zone, and between the free zones and the mainland, the requirement will eventually apply across the UAE. The fact that DAFZA authorities have already requested a certificate is an indication that cases that have already been submitted, but not yet finalized, may be subject to the requirement for a certificate of good conduct.
Background: Authorities announced the new requirement in January, saying it would be implemented as a security measure Feb. 4. Certificates of good conduct will be required from the applicant’s home country and any countries in which the applicant has resided in the past five years. The requirement will apply across the UAE, whether the company is in a free zone or the mainland. BAL has confirmed that the requirement will apply to new work and residence visa applications (whether in country or out of country) and work and residence visa transfers. It is not clear whether the requirement will apply to renewals of work and residence visas. BAL anticipates that the requirement will not apply to applications for dependent residence visas (new or renewal), non-sponsored ID cards or change of title. It is also unlikely to apply to tourist visas in general, but it may be required for certain nationalities.
BAL Analysis: Applicants should be prepared to provide the certificates of good conduct for all affected applications beginning Feb. 4 and may be asked to provide one even before then. Cases that have been submitted pending entry permit approval may be subject to the requirement as well. BAL continues to seek clarification on a few key points, including whether the requirement will apply to renewals. BAL will alert clients to any significant developments.
This alert has been provided by the BAL Global Practice group. 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? Authorities in the United Arab Emirates have said that beginning Feb. 4 new work visa applications must include a certificate of good conduct ( police clearance certificate).
What does the change mean? The change reportedly stems from a 2017 cabinet decision and will add time to the visa application process in some cases. The rule will affect new work visa applicants, but will not affect tourists or dependents. It is not yet clear whether it will be applied to visa renewal applicants.
Background: Authorities have described the new requirement as a security measure. Although the precise requirements are not yet available, Emirates News Agency and other media outlets have reported that certificates of good conduct will be required from the countries in which applicants have resided in the past five years. BAL has confirmed that the rule will be implemented for new work visa applicants, but not tourists or dependents. It is not yet clear whether it will affect work visa renewal applicants. It seems likely that the rule will apply to freezone work visa applications as well as mainland visa applications, but at this point this is not certain.
BAL Analysis: BAL continues to seek clarification on a number of points related to this development. BAL can work on a case-by-case basis with clients who may be affected to determine what requirements they should anticipate. An updated client alert will be provided as soon as more information becomes available.
What is the change? Dubai Creative Clusters Authority authorities have said they will no longer require original documents from foreign nationals immediately upon their arrival in the United Arab Emirates to initiate the medical and Emirates ID form typing.
Background: Authorities made the announcement in December and the change took effect Jan. 1. The new procedures work as follows:
BAL Analysis: The DCCA’s goal in implementing the change is to “reduce the overall application process time for the benefit of all our business partners.” The procedures are consistent with broader efforts in Dubai and throughout the UAE to move immigration processes online and eliminate reliance on government couriers, which were previously used to collect passports and other documents for medical and Emirates ID registration.
IMPACT – HIGH
What is the change? The Dubai Creative Clusters Authority’s internal system for processing visa transfers is undergoing maintenance, causing delays of two to four weeks for foreign employees seeking such transfers.
What does the change mean? The delays follow a move by DCCA in November to increase documentation requirements for visa transfer applicants, including a new requirement that applicants provide an undertaking letter from their new sponsor when applying to change their visa. On the whole, it may be easier at this time for those switching employees within DCCA to cancel their visa and apply for a new one in order to avoid transfer delays. BAL can assist on a case-by-case basis.
Background: DCCA made a number of changes in November, including elimination of the internal transfer option. The government transfer process (or the employment release transfer) takes longer and requires a security check as well as more stringent documentation. Employees switching jobs within DCCA now must provide (1) a no-objection letter from their current sponsor, (2) a final settlement form and (3) an undertaking letter from their new sponsor. Both the no objection letter and the undertaking letter must be provided in Arabic. The undertaking letter must state that the new sponsor will take responsibility for the repatriation of employees if their visa application is rejected. The delays associated with the maintenance of the DCCA’s internal system for processing visa transfers have additional complicated matters.
BAL Analysis: Those considering a visa transfer should consult with BAL to determine the best course of action and what other options might be available to them.
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 – LOW
What is the change? Abu Dhabi International Airport has opened a dedicated counter to grant four-day transit visas to transiting passengers.
What does the change mean? Passengers whose layover exceeds four hours may apply for the 96-hour transit visa at the new counter in Terminal 3.
Background: Abu Dhabi’s tourism agency launched the new counter jointly with the General Directorate of Residence and Foreigners Affairs. Passengers who want to apply for a 96-hour transit visa must hold a passport that is valid for at least six months and pay the government fee of 300 Emirati dirhams (about US$82).
BAL Analysis: The streamlined visa service is part of the government’s initiative to attract tourists and other visitors to Abu Dhabi.
What is the change? The Dubai International Financial Centre (DIFC) has begun requiring health insurance policy numbers or other proof of insurance with all visa applications.
What does the change mean? Visa applicants should be prepared to provide proof of medical insurance in order to have visa applications processed. Previously, DIFC only required proof of insurance for renewal applications.
Background: In Dubai, all individuals, including foreign employees, must be covered by health insurance from a Dubai Health Authority-approved provider.
This requirement has immigration as well as legal consequences, and immigration authorities have increasingly begun to require proof of health insurance in the visa application process. The Dubai Creative Clusters Authority (DCCA), for example, recently began requiring proof of health insurance with visa applications, in particular for visa renewals. DIFC is now requiring proof of insurance for all visa applications after initially only requiring it for visa renewals, and the Dubai Multi Commodities Centre (DMCC) also requires proof of insurance for all visa applications. In most cases, authorities will require a health insurance policy number during the application phase. Additional health insurance card details can then be provided after the visa is issued.
The policy of requiring proof of health insurance is expected to be rolled out in all of Dubai’s freezones in the coming months.
BAL Analysis: DIFC companies should take note of the change and make sure all employees have proof of health insurance when submitting visa applications. Applicants who fail to do so risk having their applications rejected. Those with questions about whether a particular freezone or authority requires proof of insurance in the visa application process should contact BAL.
What is the change? The General Directorate of Residence and Foreigners Affairs in Abu Dhabi has launched an “E-Channels” online application option for visas and visa renewals.
What does the change mean? Those applying in-country for visas and visa renewals will now be able to initiate applications via the E-Channels website or at authorized typing centers. Most applicants will be able to complete the visa process without having to visit a GDRFA office, and will only have to make a visit to pick up their visa stamp. Application requirements have not changed, but the switch to an online process may mean that authorities will more strictly enforce documentation requirements.
Background: Abu Dhabi’s online option for visit visas and residence visas is designed to make for an easier application process. However, it is also likely to make it all the more important that applicants submit proper documentation. This includes fully attested documents, e.g., marriage and birth certificates, if required; legal translations of any documents that are in a language other than Arabic; and high-resolution, digital photos with a white background. All documents should be submitted online when applications are initiated. It is difficult, if not impossible, to change documents once an application has been initiated.
BAL Analysis: Abu Dhabi’s E-Channels system should make the process of applying for visit visas and residence visas easier for most applicants. It is important to have all of the necessary documents prepared at the time of the application. Those with case-specific questions should contact BAL.
What is the change? The United Arab Emirates has imposed new travel restrictions on holders of Qatari Residence Visas, as the diplomatic crisis between Qatar and its Persian Gulf neighbors continues.
What does the change mean? Qatari Residence Visas can no longer be used to obtain visas on arrival in the UAE. Qatari Residence Visa holders will be required to obtain a visit visa before traveling to the UAE, though an exception applies for nationals who are eligible to obtain visas on arrival. Travel to the UAE remains off limits for Qatari nationals, with exceptions for those who are married to UAE nationals (Emiratis) or have first-blood relatives (i.e., parents, siblings or children) in the UAE. Special approval for such travelers will be granted at the airport.
Background: More than a dozen countries cut ties with Qatar last month, claiming that Qatar sponsors terrorism and is a threat to destabilize the region. There are no direct flights between Qatar and the UAE, meaning people have to travel through another country, usually Kuwait or Oman, both of which have stayed neutral. The countries that either cut or downgraded diplomatic ties with Qatar last month include Bahrain, Comoros, Djibouti, Egypt, Jordan, Libya, Maldives, Mauritania, Mauritius, Niger, Saudi Arabia, Senegal, the United Arab Emirates and Yemen.
BAL Analysis: The Qatari diplomatic crisis continues to evolve, but expatriates planning travel to the UAE should take note of the change. Many of the countries that cut or downgraded ties have not imposed travel restrictions, but others have. Those planning travel to or from the countries involved in the crisis may wish to check with their airline or BAL ahead of time. BAL is following developments and will alert clients to additional changes.
The Ministry of Human Resources and Emiratisation recently announced that it has issued 141,500 fines to 52,765 private businesses for immigration-related infractions. The ministry urged those who have accumulated fines to pay them as soon as possible, noting that authorities have capped fines at 2,000 dirham (about US$545) per worker.
Saif Al-Suwaidi, the ministry’s undersecretary of human resources, said that 15 percent of private companies in the ministry’s database had been hit with fines. The fines were mostly for incomplete work-permit registration or late work-permit renewal. Al-Suwaidi said the fact that only 15 percent of companies were fined “confirms the majority’s abidance to set laws and regulations.”
Authorities urged companies that have received fines to pay them as soon as possible, noting that those with outstanding fines will not be able to obtain additional work permits.
The ministry recently lowered fines for a number of violations. The new fines are as follows:
BAL Analysis: While the ministry did not specify the period of time over which the fines were issued, they show how serious UAE authorities are about enforcing work-permit rules. Anyone with questions on remaining in compliance should contact BAL.
What is the change? Dubai is launching Amer Business Centers that will centralize visa and residency services and replace typing center by Nov. 1.
What does the change mean? The centers will provide services for foreign residents, including visa and residency applications, residency renewals, visa cancellations and related applications.
Background: The Amer Business Centers are being introduced in response to business requests. The centers will be staffed by personnel from the Directorate and will replace some 600 typing centers by November.
BAL Analysis: The centers are expected to reduce queues and wait times and improve the application process. The centers are currently open from 8 a.m. to 3 p.m.; after Ramadan, normal business hours will be 8 a.m. to 8 p.m..