Member News

Immigration developments in the MENA Region

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United Arab Emirates

The Cabinet of the United Arab Emirates (UAE) approved the amendment of the country’s nationality and passports law to allow select categories of foreign nationals to obtain Emirati nationality and passport while maintaining their current citizenship. The process is expected to be completed through a government nomination, following recommendations from the Rulers and Crown Princes’ Courts, Executive Councils and the Cabinet. Individuals will be required to swear to an oath and commit to abide by the country’s laws before citizenship is granted. Additionally, it is expected that the spouse and children of individuals who acquire Emirati nationality may be also able to apply for it. It is not clear when the new law will come into force.

The Government of Abu Dhabi announced the launch of a program called ‘Thrive in Abu Dhabi’ which aims to attract investment to the Emirate and retain talent by enabling select categories of individuals to obtain long-term residence permits (Golden Visas) and opening a pathway to citizenship. It is expected that the successful candidates and their dependents will be granted their visa subject to a government nomination. However, Golden Visas in the investor category (i.e.: for general business investors and for property owners) will possibly be open to a standard application process. The benefits of the Golden Visa program in the UAE, include full residency rights in the UAE, including the right to work and study. According to the announcement, the Thrive in Abu Dhabi program also aims to open up a pathway for the qualified foreign talent to obtain the Emirati citizenship (this is in-line with the latest decision of the UAE’s Cabinet to allow foreign nationals to acquire the Emirati citizenship). While the eligibility criteria for acquiring the citizenship has not been published yet, we anticipate that the process will also be completed through a government nomination. Further details related to the amendment of the UAE’s nationality and passports law, are expected to be released in the coming months. 

Foreign nationals who apply for a residence permit in the Emirate of Dubai must have their medical examination results issued electronically by the Dubai Health Authority (DHA) as paper reports are no longer accepted by the immigration authorities in Dubai. Consequently, all residence permit applicants must complete their medical examination in one of the DHA’s clinics which will automatically forward the results to the relevant immigration department. Medical test results obtained from clinics and hospitals that are not linked with the immigration authorities in Dubai, including those located in other emirates, will not be accepted and visa applicants will be required to redo the test in Dubai. This applies to new residence permit applicants and those renewing their existing permit. This new requirement comes from the Dubai Paperless Strategy campaign launched by the Government of Dubai in 2018, which aims to eliminate the use of paper in all government transactions.

Qatar

The Qatar Financial Centre has announced a change in regulations for the sponsorship transfers of employees to the Qatar Financial Centre Free Zone. Employees seeking to transfer sponsorship to an entity registered with the Qatar Financial Centre will need to complete an online process with the Ministry of Administrative Development, Labour and Social Affairs prior to proceeding with the transfer. This process affects employees who are currently working outside of a QFC-registered entity. Applicants will need to complete a form through the MADSLA’s online portal to notify their current employer of their request for a sponsorship transfer. Once the application is reviewed and approved, both the employee and current employer will be notified. Applicants can then proceed with completing their transfer process as per the previously established requirements set out by the QFC. It is expected that processing times for the sponsorship transfer of new employees to the QFC free zone will be extended. This change does not affect employees who are transferring sponsorship from within the QFC.

Saudi Arabia

The Saudi authorities have approved a new measure for employers to issue the issuance and renewal of work and residency permits (iqama) either every three months (quarterly) or 12 months (annually). Select professions such as, domestic workers, will be excluded from this new measure. Additionally, employers will have the option to pay the renewal fee based on the selected duration of the new residence and work permit. Currently, employers in Saudi can renew the residence and work permits of their foreign national workers only once a year which means they must pay a comprehensive fee for a full renewal year.

The General Authority of Civil Aviation announced the suspension of travel to Saudi Arabia for foreign nationals arriving from select countries, effective from February 3, 2021 at 21:00 local time until further notice. Travelers coming from any of the following countries will be denied entry: Argentina, Brazil, Egypt, France, Germany, Ireland, India, Indonesia, Italy, Japan, Lebanon, Pakistan, Portugal, South Africa, Sweden, Switzerland, Turkey, United Arab Emirates, United Kingdom, United States of America. This also applies to those who have been to or transited via any of these countries in the 14 days prior to visiting Saudi Arabia. This does not affect Saudi nationals, diplomats, medical staff and their families who can enter Saudi Arabia subject to a home-quarantine of 14 days upon arrival.

The Saudi Council of Ministers approved the formation of a database for job seekers in the public and private sectors, called the Unified National Employment Platform. The main objective of the platform is to standardize and improve the efficiency and transparency of information and procedures related to recording job opportunities, documenting job applicants’ data and qualifications, and linking them with the databases of other government agencies, including the Ministry of Education, Human Resources Development Fund (HRSD), etc. It is not clear if the Unified National Employment Platform will serve only as a database of job opportunities, or if it is replacing the HRSD’s electronic portal called ‘Taqat’ which, until 2018, functioned as a tool for the labour market testing process in Saudi Arabia.  

Businesses seeking short-term employment for foreign nationals in Saudi Arabia, now have the option to obtain  a Temporary Work Visit Visa (TWVV) quota directly through the online Qiwa portal. Once the visa quota is purchased, the employer must allocate each unit to an individual visa applicant by entering their gender, nationality, religion, profession and the Saudi consular post where the visa application will be lodged. The visa quota is valid for one year from the date of purchase. It cannot be transferred to another entity. Unused visas can be cancelled and re-allocated to the overall visa quota balance. The government fee is refundable only if claimed within 30 days of payment, provided that no visas from the package have been utilized. Although the TWVV quota is already available to eligible employers, visa applicants must obtain their visa sticker from the relevant Saudi consular post or an authorized visa agent abroad which may be unavailable due to the pandemic-related restrictions (please refer to our dedicated microsite for details on existing immigration and travel restrictions in Saudi Arabia and worldwide). However, it is expected that the successful applicants will receive a multiple-entry visa valid for one year, which permits its holder to conduct work for the visa sponsoring entity for up to 90 days. To qualify for the new visa quota, the employers must meet their prescribed Saudization ratios, must be classified at least as ‘medium-green’ in the Nitaqat scheme, must be in-compliance with Wages Protection System’s obligations, and must ensure that the work authorizations of their entire headcount are not expired. 

The Ministry of Human Resources and Social Development announced that select job positions related to work of remote customer service centers in Saudi Arabia will soon be inaccessible to foreign nationals. Effective August 2021, employers will have to hire Saudi nationals in the following positions: management positions; supervisory positions; and all positions related to the delivery of services via phone, e-mails, chat, social media, and direct interactions. Employers should revise their recruitment strategy and hire Saudi nationals in the affected positions to comply with the new requirement. The authorities announced that training and employment support programs would be offered to businesses by the Human Resources Development Fund to facilitate the nationalization of the remote customer service sector.

International businesses without regional headquarters in Saudi Arabia will be unable to contract with agencies, institutions and funds owned by the Saudi government, according to the new law that is expected to come into on January 1, 2024. According to the Ministry of Investment, this will not affect new or existing investors’ ability to enter the Saudi market, or to continue their business with the private sector. In his latest interview, the Saudi Minister of Investment clarified that companies will be required to have their executive staff, operations and support functions based in Saudi Arabia, preferably Riyadh, to be able to refer to their entity as headquarters. Other locations, including Jeddah and Dammam can also qualify as seats of regional headquarters, but companies will have to make a strong business case to the Saudi government. This is in line with the Saudi Arabia’s plans to announce a new strategy for Riyadh, which, with a population around 15-20 million by 2030, is expected to become one of the world’s top urban economies. Companies that choose to set up or relocate their headquarters in Saudi Arabia will be exempt from Saudization requirements. However, it is not clear to what extent this incentive will be implemented. According to the Minister, there are other legislative reforms that are currently contemplated by the government and that will be announced in the coming months, including the amendment of the Premium Residency Card Program that aims to open a path for retirement in Saudi Arabia.

Oman

The Ministry of Manpower issued a decision to nationalize select professions in the education sector which will affect all higher education institutions in the private sector in Oman. The decision will come into force on January 1, 2022 and will prohibit the recruitment of foreign national workers in the following positions: all administrative and financial professions; all professions related to admission and registration of students; all professions related to student affairs and student services; and all professions related to student advisory, social counsel and career guidance. Foreign nationals who are currently employed in one of the above-mentioned restricted professions will be able to remain employed until their work permits expire.

Iraq

The Ministry of Interior of Iraq has re-instated the delay fine of IQD 500,000 per person for non-compliance with terms and conditions of select visa categories. Effective immediately, foreign nationals who fail to renew their multiple-entry visa (MEV) before its expiry date, or those applying for an exit visa after the expiry date of their MEV or another visit visa, will be subject to a delay fine of IQD 500,000, instead of the previous fine of IQD 100,000. This comes after the Ministry of Interior’s decision to re-instate pre-COVID-19 delay fines that were reduced to ease the financial pressure due to travel and immigration restrictions.

The Ministry of Interior of the Kurdistan Regional Government has imposed an entry fee of IQD 100,000 per person for all foreign nationals entering based on a visa on-arrival. Effective immediately, foreign nationals entering the Iraqi Kurdistan based on a visa on-arrival are subject to an entry fee of IQD 100,000 per person. The following categories are exempt from the payment of the entry fee: the United Nations and its agencies; coalition Forces; international organizations; diplomats; official government delegations; and individuals who hold a valid residence permit for Iraqi Kurdistan. It is not clear whether the implementation of this fee is a temporary or permanent measure.

The Ministry of Labour of the Kurdistan Regional Government has introduced a new regulation whereby all foreign nationals seeking residence and employment must have a notarized employment agreement. Effective immediately, foreign nationals applying for a residence and employment permit in Iraqi Kurdistan (KRG), must have a notarized employment agreement to support the application. This new requirement is mandatory for new and renewal applications. The employment agreement must be of the same terms between the employer and the employee and must be drafted in Kurdish language only, at the notary public office. The presence of the employee and the company representative is required for the signing of the agreement. The employer must ensure, prior to notarizing the employment agreement, that the employee is registered with the KRG Social Security Office and Taxation Office, as the notarized employment agreement will require the below details: the KRG tax clearance letters for the employee; the KRG tax clearance letter for the company; and the KRG social security clearance for the employee. The introduction of the new regulation is expected to increase the overall processing time for obtaining employment and residence status by approximately 7 -10 working days.

The Ministry of Interior of Iraq has reinstated the process whereby employers in the oil and gas sector must process employment visa invitation letters (LOI) for their workers through the respective concession-holding company (also referred to as FOD) and the Ministry of Oil. The new rule is expected to go into effect March 10, 2021. Upon receiving approvals from these two agencies, the file will be sent to the Ministry of Interior which will issue the LOI. Depending on the nationality, the LOI enables the foreign national to obtain an entry visa upon arrival in Iraq or through an Iraqi consular post abroad. Since November 2019, all visa invitation letter requests must have been processed directly with the Ministry of Interior and with a limited involvement of other government agencies or FODs.

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