Immigration-An Overview ELA 2010

Immigration-An Overview – ELA 2010

United Arab Emirates

State of Qatar

Substance of Immigration Eligibility

Introduction

Although not mirror images of one another the immigration laws, regulations and market practises governing immigrationin the United Arab Emirates (UAE) and the State of Qatar (Qatar) are sufficiently similar to be discussed together by way of overview.

The most important similarity is that unless an individual is a Gulf Cooperation Council (GCC) national he or she must be sponsored by either an Emirati or Qatari national, an entity registered to undertake business in the UAE or Qatar or a resident family member on which the individual is dependant. This arrangement does not lend itself to short term or casual employment arrangements.

Another similarity is that both countries have laws and regulations in place to encourage the employment of nationals, being Emiratisation in the UAE and Qatarisation in Qatar, however the implementation of the laws and regulations differ in practise.

The most important difference is that individuals entering Qatar without a tourist, visit or on-arrival visa MUST obtain an exit visa from their Qatari sponsor in order to leave. There are no exit visa requirements in the UAE.

Which Visa/Permit?

There are fiveways for an individual to enter, work and/or obtain rights of residence in the UAE and Qatar:

Tourist,Visit or On-Arrival Visas

Nationals of between thirty and thirty-three countries can currently enter the UAE and Qatar on tourist visit, or on-arrival visas issued for a fee at the country's respective international airports. Gulf Cooperation Council nationals or holders of Gulf Cooperation Council resident's permits can enter on this basis alone. The visas are issued for thirty days and can be extended for a further thirty days at the discretion of the immigration authorities. On the expiry of the initial or extended thirty day period an individual must exit Qatar, but can then re enter (same day if necessary) and be issued with a new visa. There is no requirement to exit the UAE on extension. The visas may also be applied for and obtained before entering the UAE and Qatar. Details may be found on the respective country's Embassy websites. Visas for the UAE are single entry and permit entry within one month of issue. Visas for Qatar may be multi entry and maybe issued for longer periods of time than those issued on-arrival, eg. the Qatari Embassy in London has been known to issue two year visas. Holders of tourist visit or on-arrival visas may not work in the UAE or Qatar.

Business Visas

Business visas must be applied for in advance of an individual entering the UAE or Qatar and may only be obtained with a letter of support from a local "sponsor", being a Emirati or Qatari national, an entity registered to undertake business in the UAE or Qatar or a resident family member. The UAE can issue a multiple entry visa for 6 months permitting stays of up to fourteen days. Visas in Qatar are normally issued for periods of one or three months, but can be extended by the immigration authorities by discretion. In Qatar an exit visa may be required after an individual has remained for more than 14 days; in addition penalties are levied for over-stays. Holders of business visas may not work in the UAE or Qatar. Business visas allow the holders to represent themselves or their companies.

Work Permit

Work permits may only be applied for by an individual or entity registered with the employment authorities in the UAE or Qatar. These applicants are known as the worker's sponsors. The authorities will approve an allocation of workers based on the number of workers requested, their nationality, gender and work title. Once employment authority has been obtained the immigration authorities will then issue work permits for each individual worker allocation approved subject to satisfactory documentation being submitted in an appropriate form. ONLY a holder of a valid work permit may work lawfully in either the UAE or Qatar. In Qatar an exit permit will be required for such a worker to leave Qatar. Unless a re-entry visa is obtained the work permit will cancel automatically on exit.

Resident's Permit

Individuals who wish to work and reside in the UAE and Qatar should apply for a resident's permit. A work permit must have been granted to an individual before such an application can be made. Again it must be the worker's sponsor who applies. In the UAE work and resident's permits are issuedfor three years as standard. In Qatar it is usually one year initially and then two years going forward. Holders of resident's permits may work in the UAE or Qatar, but ONLY for their sponsors. Contract working is not permitted in the UAE or Qatar. In Qatar the holders of resident's permits may be issued with multi-exit visas at the sponsor's discretion.

Family Residency

Where an individual holds a valid UAE or Qatari resident's permit he or she (this is less common) can apply to sponsor their spouses and dependant family members. The resident will have to demonstrate to the immigration authorities that he or she is appropriately employed with sufficient funds to do so. Individuals holding family residencies must apply for, and be issued with, work permits to work in the UAE and Qatar, subject to some exceptions, eg. the Qatar Financial Centre. Part time workers can work, subject to the permission of their sponsor/employer, for an Emirati or Qatari national or an entity registered to undertake business in the UAE or Qatar.

Process for Immigration Approval

Immigration Documentary Submissions

In addition to the various processes and authorities referred to and mentioned, respectively, above, entrants to the UAE or Qatar job market should be aware that education certificates, employment arrangements, marriage and birth certificates, Police Reports and any additional documents which may be requested from time to time will need to be notarised, legalised and authenticated in the originating country for use in the UAE or Qatar. Neither the UAE nor Qatar are signatories to the Hague Convention and so this process can be lengthy and expensive, especially where there is no UAE or Qatari Embassy in the country of origin.

Sponsorship Transfer

Residency may be transferred between sponsors in both the UAE and Qatar, subject to the discretion of the immigration authorities, however the regulations and market practises differ between the two.

The UAE

To transfer sponsorship within the three year residency period the individual's sponsor will need to issue a letter of no objection. Individuals with a Masters Degreemay transfer twice and holders of a Doctorate or professions any number of times. Anyone else may only transfer once. Once an individual has completed a full three years he or she can transfer without approval. In some exceptional cases this may also be possible before. Transfer between offshore and on-shore entities or visa versa do not require approval. Where for whatever reason sponsorship is cancelled before the expiry of the three year period the Ministry of Labour imposes a 6 sponsorship month ban, although this can waived by a sponsor's letter and the payment of a fee. Cancellation after three years may be unilateral. No bans are imposes within off-shores centres.

Qatar

In order to transfer sponsorship an individual must hold a resident's permit which has been valid for more than 12 months, a sponsor's letter of no objection (NOC) and a "clean" Police Report. Where no letter of no objection is provided (there is no obligation to provide and no right of provision) an individual may not work in Qatar, ie. be sponsored and employed in Qatar, for a period of two years. In some rare occasions the Minister of Employment may waive this requirement. Where individuals do not have resident's permit which have been valid for more than 12 months, provided they hold an NOC, they must leave Qatar and re-enter on either a visit or business visa or a work permit in order for their new sponsors to in a position to apply for a resident's permit. All of these provisions also apply to the Qatar Financial Centre, Qatar Science and Technology Park, etc.

Dual residency

Dual residency is permitted by discretion in the UAE and in Qatar, however it is more difficult to obtain in Qatar. Normally the names of both of the sponsoring entities should be the same.

Time Required for Approval

It is very difficult to estimate time with any certainty, other than for visit visas which are issued on the spot at the international airports. Business visas can be obtained and extended when applied for in country within one to three days; outside of country this will be dependent on the individual Embassy's response lead times. The employment authorities only consider block applications and appeals in relation to the same weekly and so the lead times to issuework permits may be anything from one to three or four weeks, or in some cases more. From time to time in the UAE and Qatar as a result of Emiratisation and Qatarisation it is very difficult to obtain approval for non nationals especially in administrative roles. In addition, especially in Qatar, applications for approval of certain nationalities, eg. Jordanians, Indians, and single woman are repeatedly rejected even when supported by detailed business case requirements.

For immigration-related questions in Qatar, please contact:

Emma Higham

Clyde & Co

Qatar Financial Centre

9th Floor, Office 902

West Bay

PO Box 31453

Doha,

Qatar

P: +974 4496 7434

For immigration-related question in the United Arab Emirates, please contact:

Sara Khoja

Clyde & Co

City Tower II

Suite 301

Sheikh Zayd Road

PO Box 7001

Dubai,

United Arab Emirates

P: +971 4331 1102