IMMIGRATION DEVELOPMENTS IN THE MENA REGION

Date Posted:Tue, 25th Apr 2023

IMMIGRATION DEVELOPMENTS IN THE MENA REGION

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United Arab Emirates

31 March 2023 – New Regulations Provide Clarification on Important Aspects of the Immigration Process

The UAE government has published new regulations that outline eligibility and other conditions for entry and for the issuance of various visas, that implement new visa categories, and provide other important clarifications.

The most notable changes are clarifications on the eligibility criteria for the Green Visa for investors and business partners, and the visit visa for exploring business opportunities; expansion of categories exempt from the provision invalidating a residence permit if the holder remains outside the United Arab Emirates for 180 days; and a clarification on the maximum allowable duration of stay after residence permit expiry or cancellation.

 

Saudi Arabia

14 March 2023 - E-Visa Now Available for Gulf Cooperation Council Residents of All Professions

Effective immediately, all Gulf Cooperation Council (GCC) residents are eligible to obtain a single- or multiple-entry e-visas to Saudi Arabia for tourism or to perform Umrah activities, regardless of their profession. Further, accompanying first-degree relatives, such as parents, spouses and children of the residency holder, and domestic workers arriving with their GCC resident sponsors, are also eligible for the e-visa. The e-visa was originally only opened to individuals of 49 countries and was eventually expanded in 2021 to additional foreign nationals, including GCC residents in select occupations.

GCC residents can obtain the e-visa by applying through the Visit Saudi platform if their residency permit is valid for at least three months and their passport is valid for at least six months. The e-visa costs SAR 300 (USD 80) and can only be issued after the applicant purchases health insurance valid for their entire duration of stay in Saudi Arabia.

31 March 2023 - Professional Verification Scheme Announced for Select Sri Lankan Nationals Applying for Saudi Visas

Saudi Arabia’s Professional Verification scheme has expanded to select nationals of Sri Lanka, who will soon be required to have their skills evaluated in their home country prior to obtaining a Saudi entry visa. This follows the initial launch of the program in January 2021, followed by the expansion of the program in a second phase for Pakistani nationals, a third phase for Indian nationals and a fourth phase for Bangladeshi nationals. Sri Lanka nationals seeking employment in Saudi Arabia under 23 technical-based professions such as electricians and auto mechanics will soon need to undergo theoretical and practical tests to evaluate their skills.

It is anticipated that similarly to other jurisdictions participating in this program, those who pass the test with a minimum score of 50% will be issued an internationally recognized certification with a five-year validity that will allow them to apply for an entry visa to work in Saudi Arabia. It is expected that all expenses associated with the program must be covered by the Saudi employer or the applicant’s sponsor, including the work visa, travel tickets, medical and police report. The expansion of the scheme is expected to limit the pool of available candidates for Saudi employers from the affected countries, while increasing the overall processing timeframe and costs. The Saudi government is expected to expand the scheme to further nationalities.

Iraqi Kurdistan

01 March 2023 - Electronic Visit Visa Portal Launched

The Kurdistan Regional Government launched an electronic visa portal that allows foreign nationals to apply for an electronic visa (e-visa) valid for 90 days from the date of issuance for stays of up to 30 days for tourism, education, business or work. The e-visa cannot be used for travel into Federal Iraq and costs IQD 100,000 (approximately USD 70). Applicants’ passports must be valid for a minimum of six months at the time of application and contain at least one blank page. Individuals carrying a passport or travel document stating that their place of birth is Iraq are not required to apply for the e-visa. Nationals from countries on Country List A can obtain an e-visa in advance or on arrival and their application will be processed immediately.

If obtaining the visa-on-arrival, they must pay the fee using a Visa or Mastercard credit card at the airport, as cash payments are no longer accepted. Nationals of countries listed on Country List B must have their guarantor apply for the e-visa on their behalf. The guarantor is a sponsor registered with the Ministry of Interior, such as a law firm or a manpower company, who supports the application process by providing a unique verification code and arranging payment for the visa on the applicant’s behalf. Once the application is completed online, the guarantor will receive a notification on its status within five business days and if approved, the e-Visa will be issued accordingly. Foreign visitors traveling to Iraqi Kurdistan at the invitation of oil and gas companies or as government contractors must obtain a pre-approval from the relevant ministry (typically the Ministry of Natural Resources) before they submit their visa application in-person with the Ministry of Interior.

09 March 2023 – Updated Guidelines for Social Security Subscription Affecting Work Permit Applications

Effective immediately, the Kurdistan Regional Government’s Ministry of Labor and Social Affairs has issued new guidelines for social security subscriptions and nationalization requirements that employers must follow in order to be issued initial or renewed work permits for their employees.

The new guidelines require employers to submit a company stamped letter reflecting the names of all employees along with their salaries from 2022 and 2023, showing that their salaries increased year over year. Employers must also submit employment contracts signed by both the employer and employee by March 2023, which must be legalized by the legal department at the Social Security Directorate beforehand. Furthermore, employers must now ensure that the ratio of foreign workers in their company does not exceed 25% of their total employees. If all of these requirements are followed, a Social Security clearance letter will be issued to the employer, which must be included with each work permit application. As a result, employers are advised to register their employees with the Social Security Directorate as soon as possible and submit the employment agreements by the end of March 2023. Companies that do not meet the minimum nationalization ratio of 75% will need to start taking measures to reach it or sign a pledge letter stating the company will have the required ratio within two months. Otherwise, the Social Security Directorate will block services for the company.

05 April 2023 - Updated Guidelines for Residency Card Applications

The General Directorate of Citizenship and Residency issued new instructions for the processing and issuance of residency cards for foreign nationals in Iraqi Kurdistan. Foreign nationals can now change employers in country regardless of their job title category by submitting a residency card application sponsored by their new employer to the Ministry of Interior.

Previously, in order to transfer sponsorship, foreign nationals had to cancel their residency card, exit Iraqi Kurdistan, apply for a new residency card under the sponsorship of their new employer, and then re-enter the country. Additionally, employers who owe fines to the Social Security Directorate for failure to register themselves and their employees must pay these fines in order to be issued additional residency cards for their foreign nationals; previously, residency cards were still issued to employers who had outstanding fines. Moreover, foreign nationals are now required to appear at the General Directorates of Citizenship and Residency in person when obtaining a new or renewed residency card, including obtaining a new card after having lost or damaged a previous one. Previously, this was not required as residency cards were collected in person by the Public Relations Officer by presenting a power of attorney on behalf of the foreign national.

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