Fragomen: December News Flash
Date Posted:Mon, 13th Dec 2021
Immigration Developments in the MENA Region
United Arab Emirates
07 December 2021 - Changes to Working Week Announced for Public Sector Employees
The government of the United Arab Emirates (UAE) announced that effective January 1, 2022, it will adopt a four-and-a-half-day working week for all public sector employees, with weekend commencing on Friday afternoons and work resuming on Mondays. Currently, the weekend in the UAE typically falls on Fridays and Saturdays.
Additionally, the change to the working week includes revised working hours for all public sector entities as per the following:
• Monday to Thursday 07:30 to 15:30; and
• Friday 07:30 to 12:00.
When this is implemented, UAE government offices will function on a similar schedule as most of the rest of the world, making it easier to complete transactions and process applications. This transition will affect private sector employers, as they are expected to align their labour schedules with UAE government entities after this change is in effect. As per the new UAE labour law, employees are entitled to at least one rest day per week, and it is up to the employer to decide what day that is. Any reduction to the total number of working hours for employees in the private sector will have to be mutually agreed upon between the contracting parties (as per the new law, ordinary working hours should be eight hours per day or 48 hours a week).
07 December 2021 - New Federal Law on Foreign Nationals’ Entry and Residency Implemented
The government of the United Arab Emirates (UAE) has implemented a new federal law regulating entry and residency of foreign nationals which applies to all jurisdictions in the country, including free zones. The new law replaces the existing regulations from 1973 with its subsequent amendments and is effective immediately. The law does not introduce any major changes to the existing immigration process; however, it is expected that relevant amendments will be introduced along with the executive regulations to the law that are likely to be published in the coming months. The new law assigns the responsibility of its enforcement to the Federal Authority for Identity, Citizenship, Customs and Port Security (FAICCPS); it provides a list of general conditions for entry into the UAE as well as foreign national’s obligations, including timely departure from the country upon visa cancellation or expiry. The law creates a general framework for the process of visa issuance, renewal, and cancellation (which includes the involvement of the UAE’s consular authorities, where required) and prohibits conducting work activities without approval. The law grants the FAICCPS with rights to cancel any visa for reasons including public security or in the case of a breach of the applicable immigration regulations; it explains general conditions for detention and deportation, the right of a detained person to liquidate their interests in the country, and the right to return to the UAE. Most of the new law is focused on describing penalties for violation of the applicable immigration regulations, including those for illegal entry, giving a false statement, using forged documents or for unauthorized employment of foreign nationals. It is expected that further details explaining the acts that constitute a violation and applicable fines will be issued through a Cabinet Resolution at the later stage.
24 November 2021 Impact of the New Employment Law on the UAE Immigration Process
Employers in the private sector should review their strategies and policies related to the recruitment and employment of workers, following the introduction of the new labour law which will have an impact on the current immigration process in the United Arab Emirates (UAE). The new law will go in effect on February 2, 2021 and will replace the existing employment regulations applicable to workers and companies in the private sector, except those in the Abu Dhabi Global Market and Dubai International Financial free zones (which have their own labour laws) and the
domestic workers.
The Ministry of Human Resources and Emiratization is expected to issue implementing regulations that will set out further frameworks and will contain additional explanatory provisions to the law. It is not clear when these regulations will be
available. The new law consolidates many of the changes which have been implemented in the UAE through various regulations over the past years, in addition to introducing new changes.
18 November 2021 - Five-Year Tourist Visa Now Available to International Businesses in Dubai
The government of Dubai launched a special visa program which allows qualifying international businesses to obtain a five-year visit visa for tourism for their employees traveling to attend to their local and regional business needs. The program is limited
to businesses with an existing entity (or entities) in Dubai and those that are in the process of establishing their presence in Dubai. The five-year visit visa for tourism allows a maximum duration of stay of up to 90 days in a year (beginning with the date of the first entry) with the possibility of a onetime in-country extension for a similar period. Although the visa is primarily for tourism, qualifying businesses with approval from the government of Dubai may utilize this visa category to allow travellers to carry out business activities exclusively from Dubai (including from the premises of the visa sponsoring entity). It is also likely that visitors will be allowed to perform business activities that are beyond what is currently permissible under the standard visit visa for business visitors, although further clarification in this regard is expected to be provided in the coming months.
18 November 2021 New Emirates Identity Card Requirements Implemented
Foreign nationals seeking to obtain the Emirates Identity Card (EID) must now ensure that their biometrics are submitted no later than 14 days from the typing of the EID registration form, otherwise they risk that the application will be deactivated. This does not apply to individuals renewing their EID as their biometrics are already recorded in the database. Individuals whose EID application has been deactivated, may request the Federal Authority for Identity, Citizenship, Customs and Port Security (FAICCPS) to reactivate it, however, if the registration form was typed more than 30 days ago, the EID application will be cancelled.
The FAICCPS will also cancel the EID applications of individuals who have not completed their residence permit sticker endorsement within the 30-day deadline. This applies to new EID applicants as well as those renewing their identity card.
Additionally, applicants must now submit a digital photograph which is in-line with the International Civil Aviation Organization's standards.
14 November 2021 Retirement Visa Eligibility Conditions Amended
The Cabinet of the United Arab Emirates announced that it will lower the financial thresholds required for retirees to obtain residence visas. Foreign nationals using property value to fulfil the eligibility requirements will only be required to own property(ies) in the United Arab Emirates worth at least AED one million; currently, the requirement is AED two million. Foreign nationals using active income will only be required to have an active income of at least AED 180,000 per year (AED 15,000 per month); currently, they are required to have an active income of at least AED 20,000 per month. However, foreign nationals using the financial savings route will still be required to have at least AED one million in savings. It is not yet clear if any other eligibility criteria or visa terms will change. More information will be available once the applicable legislation is published.
Qatar
02 November 2021 – Qatar Visa-Free Entry Announced for Nationals of Peru
The governments of Peru and Qatar have signed a bilateral agreement that facilitates a visa-free entry for nationals of each country. It is not clear when the agreement goes into effect. Under the agreement, nationals of Qatar can travel to Peru without a visa for stays of up to 90 days, and nationals of Peru can travel to Qatar for tourism, under similar conditions. However, those travelling to Qatar for other purposes, including business, study or work must obtain a relevant visa in advance.
28- November 2021 - New Health Insurance Law Published
The government of Qatar published an anticipated health insurance law, which is expected to take effect in May 2022. Under the law, all foreign visitors, residents and workers in Qatar will be required to hold health insurance for the entire duration of their stay unless they are exempt.
Employers will be subject to significant penalties for failing to provide health insurance and foreign nationals without health insurance will not be able to obtain a new visa or to renew an existing visa without holding health insurance. Individuals seeking residency and employment in Qatar will have to be enrolled into a minimum basic healthcare program by their sponsor (e.g.: employer, recruiter, spouse, or parent, depending on the circumstances), and any additional healthcare services will be optional. Additional information on the scope of health insurance coverage and any exemptions, are expected to be issued in the coming months.
Bahrain 01 November 2021 New Residency Program Announced to Attract Talent and Investors Foreign nationals in Bahrain may soon benefit from a new residency permit program that has been announced to attract investment and talent. The announcement comes as part of the new national economic growth and fiscal balance plan which aligns with Bahrain’s Economic Vision 2030. Applicants will have to meet specific criteria which are expected to be announced in the coming months as the details are yet to be announced.
Kuwait
29 November - Change of Immigration Status Suspended for Individuals with Commercial Visit Visas
The Public Authority for Manpower announced that foreign nationals entering Kuwait on a Commercial Visit Visa will no longer be able to change immigration status in country and convert their visa into a work and residence permit. This comes after the Ministerial Committee for Coronavirus Emergencies recommended to discontinue this process as a precautionary measure against the resurgence of COVID-19 across the globe. Applications lodged with the authorities prior to this announcement will be processed. All new applications to transfer commercial visit visas to work authorizations will not be accepted. Employers will need to revisit the hiring process of foreign nationals going forward to avoid any disruption in employment.
Jordan
01 November 2021- Entry Procedures Relaxed for Nationals of Select Countries
The Ministry of Interior (MOI) announced that they will relax entry requirements for nationals of select countries who currently require special approval for entry into Jordan. Specifically, nationals of Albania and Moldova will be exempt from the MOI’s pre-approval requirement and eligible for visas-on-arrival; they will also be able to obtain visas through a Jordanian consular post abroad. Nationals of Colombia, Nigeria, Pakistan and the Philippines will be exempt from the pre-approval requirement if they are traveling with a tourist group of five or more people. The travel agent must act as a guarantor to ensure that the travellers depart from Jordan within the prescribed deadline. Lastly, nationals of Syria will be allowed to enter Jordan if they travel with a tourist group and obtain approval from the MOI. The travel agent must similarly act as a guarantor. Currently, entry of Syrian nationals is restricted. It is not yet clear when the regulations will take effect.
In October 2021, the MOI announced the introduction of a one-year multiple-entry visa that aims to attract more visitors and investment to the country. The visa has not been implemented yet.
06 December 2021 - Deadline for Completing COVID-19 Vaccination Forthcoming for Foreign Nationals in Jordan
Foreign nationals in Jordan are urged to complete their full course of COVID-19 vaccination by December 15, 2021 or they risk strict penalties, including deportation from the country, according to the announcement by the Ministry of Interior.
No further details related to the implementation of this decision or mechanisms for deportation have been released yet.
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