challenges in middle east immigration processes and what they mean for hr
DESCRIPTION
As countries throughout the Middle East region increase their immigration enforcement activities and local national labour protections, companies are seeing new challenges in obtaining visas and work and residence permits. Immigration experts and corporate representatives will cover topics including security clearances, document legalization, online case processing and others. Attendees will gain knowledge of how to assure successful and compliant processes and applications. Scott Cooper, Partner, FragomenTRANSCRIPT
21 October 2014
MENA Immigration Trends
With You Today
Scott Cooper, Partner
Fragomen Worldwide
Murtaza Khan, Partner
Fragomen Worldwide
Bo Bang Cruse, Human Resources Manager
Middle East and Pakistan
IBM
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AGENDA
Introduction
Localization Policies & Sponsorship Quotas
Local Entity Sponsorship
Security Screening & Medical Clearance
Short-term Business Visits
Processing Times
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INTRODUCTION
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THE MIDDLE EAST
Morocco
Algeria
Tunisia
Libya Egypt
Lebanon
Syria
Jordan Iraq
Saudi Arabia
Kuwait
Yemen
Oman
UAE
Bahrain
Qatar
Iran
Afghanistan
Pakistan
Gulf Cooperation Council (GCC)
Included in core Middle East ern Countries
Greater Middle East
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POPULATION AND MIGRANTS
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POPULATION AND MIGRANTS
Source: BQ Doha – Gulf Population Forecasts
LOCALIZATION POLICIES AND SPONSORSHIP QUOTAS
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LOCALIZATION AND QUOTA REQUIREMENTS What are the localization and quota requirements for work authorization?
Egypt
Bahrain
Kuwait
Oman
Qatar
Saudi Arabia UAE
Quota and High Localization
Quota and Limited Localization
Unofficial Quota and High Localization
Unofficial Quota and Limited Localization
Limited Quota and High Localization
Limited Quota and Limited Localization
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What are the localization and quota requirements for work authorization?
LOCALIZATION AND QUOTA REQUIREMENTS
Linking of quotas and nationalisation is a key trend!
UAE:
o “Emiratisation” currently enforced outside the free zones to a limited extent.
Plans on stricter implementation of localization requirements for certain industries
e.g. insurance sector.
o Quota linked to office space within Freezones (DIFC & TECOM - 1 visa per 80
sq. ft.) whilst in the mainland linked to other more industry-specific factors.
o Ministerial Resolution No. (377) of 2014 hints at greater coordination between the
MOL and Freezones – could mean more stringent localization requirements for
Freezone entities.
Saudi Arabia: Strict “Nitaqat” policy with which employers must
comply. Extract of requirements for Financial Institutions:
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What are the localization and quota requirements for work authorization?
LOCALIZATION AND QUOTA REQUIREMENTS
Oman and Bahrain also have strict localization and quota policies for
employing foreign nationals in the country.
Qatar Financial Centre (QFC) Freezone has not implemented a formal
localization policy.
Egypt: 9 Egyptians for each foreign national.
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LOCAL ENTITY SPONSORSHIP
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LOCAL ENTITY SPONSORSHIP REQUIREMENTS Is local entity sponsorship required for work authorization?
Egypt Bahrain
Kuwait
Oman
Qatar
Saudi Arabia UAE
Yes
No
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LOCAL ENTITY SPONSORSHIP REQUIREMENTS Is local entity sponsorship required for work authorization?
Sponsorship by a locally registered legal entity is a key requirement for
immigration to the MENA region
Sponsorship linked to employment by the local entity:
o Employees must be sponsored for work / residence permits by the
company
o Leavers must be de-registered immediately
Geographic location of work important:
o Compliance aspect of working on client sites
o External contractors working on-site
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SECURITY SCREENING & MEDICAL CLEARANCE
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SECURITY SCREENING REQUIREMENTS
Does security screening pose a risk of delaying work authorization
applications?
Egypt Bahrain
Kuwait
Oman
Qatar
Saudi Arabia UAE*
High Risk
Moderate Risk
Low Risk
NOTE:
*The level of risk in the United Arab Emirates varies based on
location of assignment. In Abu Dhabi, security screenings pose a
high risk of delaying work authorization applications, whereas in
Dubai, security screenings pose a moderate risk.
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SECURITY SCREENING REQUIREMENTS
Do security screenings pose a risk of delaying work authorization applications?
Israel the only country that is “officially banned” by the GCC
Current environment in the region is attracting a great deal of scrutiny
over applicants from certain nationalities or countries of origin
significant delays to applications
Lack of transparency and accessibility in the screening process
Key is to identify possible delays, monitor application progress closely,
prepare contingency plans (additional documentation/information), and
respond in a timely fashion to additional requirements Government
relations plays an important role
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MEDICAL REQUIREMENTS Are there medical requirements for work authorization?
Egypt
Bahrain
Kuwait
Oman
Qatar
Saudi Arabia UAE
Yes
No
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MEDICAL REQUIREMENTS Are there medical requirements for work authorization?
Some countries such as Saudi Arabia and Oman require pre and post
arrival medical examination
Nationals and residents of countries experiencing the Ebola epidemic
expected to experience restrictions on entry – Saudi Arabia currently
restricting nationals of Sierra Leone, Guinea, and Liberia from
obtaining work authorization
Qatar in discussions to introduce more robust medical examination
procedures (pre-arrival testing for Hepatitis B and C)
Dealing with medical issues subject to interpretation
Employer obligation to provide private health insurance an increasing
trend across the region
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SHORT TERM BUSINESS VISITS
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SHORT TERM BUSINESS VISITS Are there options for individuals engaging in short-term business visits?
UAE:
o Recent amendments to immigration law governing short-term visas – Cabinet
Decision No. (22) of 2014 and Ministerial Resolution No. (377) of 2014
o Amendments to existing visa/permit types. These amendments include changing
visa categorization, updating validity periods and allowed periods of stay, and
updating permissible activities.
o Introduction of new visa/permit types
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Entry Permits for Employment
Entry Permits for Residence
Multiple Entry Permits
Entry Permits for Visit
Entry Permits (Miscellaneous)
SHORT TERM BUSINESS VISITS Options for individuals engaging in short-term business visits?
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UAE:
o Entry permits for business and “work” are now limited to:
o Multiple entry visas issued for 180 days and allowing stays of 30
consecutive days per visit
o Short-term visit visas for business and work that are valid for 14 days, are
non-extendable, and allow for single entry only – similar to Entry Service
Visas (ESVs)
o Long-term visit visas for business and work that are valid for 90 days, are
non-extendable, and allow for single or multiple entry – seem to be an
amendment to Mission Work Permits (MWPs)
o Subscription charges and “quotas” for various visa types
o Amendments to visa types not fully implemented
Bahrain:
o Expected to increase the number of nationalities eligible for a visa-on-arrival to
64 countries in early 2015
o Visas-on-arrival expected to allow for stays for up to three months (including
extension)
PROCESSING TIMES
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ILLUSTRATIVE PROCESSING TIMES
Legalization Quotas Pre-Arrival
Process
Post-Arrival
Process
UAE
Highly variable time frames,
some examples:
- US : 4-6 weeks
- UK: 2-3 weeks
- India: 4-8 weeks
- Lebanon: 2-3 weeks
- Egypt: 2-3 weeks
Mainland: 2-5 days
(depending on size of
quota)
Freezone: N/A (pre-set
quota)
Mainland : 1-2 weeks
Freezone: 1 week
Mainland: 2-3 weeks
Freezone: 1-2 weeks
1 – 3 months 1-2 weeks 3-4 weeks Saudi Arabia
Qatar Mainland: 2-5 days
Freezone: N/A
1 –2 weeks 2-3 weeks
Bahrain N/A (Quota automatic
depending on
Bahrainisation)
1 – 3 weeks 1-2 weeks
Egypt N/A (Quota automatic
depending on
nationalisation)
2 - 4 weeks
3 – 4 weeks for
temporary residence
permit.
3 -5 months to clear full
security checks and get
final residence permit
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THANK YOU!