Immigration Reform Law Restructures Short-Term Visa Categories, Increases Fees and Compliance Obligations
August 27, 2014
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UAE officials have yet to provide practical implementation details for most of the reforms, including when they take effect. However, as previously reported, increases to nearly all government processing fees for residence permits and visas in Mainland UAE – except typing fees and other service charges – have taken effect already. UAE free trade zones are also expected to amend their fees in response to the Mainland increases. The reform law may also introduce in-country status procedures and payroll compliance monitoring in UAE free trade zones.
New Short-Term Work and Visit Visa Classifications
Once the reforms are implemented, the UAE will offer three types of short-term visas for business-related purposes. For employers and frequent business travelers, the new classifications should facilitate travel and provide more travel options to companies intending to send foreign employees to UAE for short-term engagements.
- The multiple-entry visa will allow stays of up to 30 days within an overall visa validity period of up to 180 days. This new visa is essentially the same as the current multiple-entry visa available for business, but it is expected to be granted for the full 30-day maximum, rather than the current in-practice maximum of 14 days.
- The short-term business visit visa will replace the current Entry Service Visa (ESV). It will allow for a single entry for a stay of up to 14 days. This visa will not allow holders to work for third parties, which means the current practice of using hotel-sponsored service visas for short-term work activities will no longer be permitted.
- The long-term business visit visa (single or multiple) is expected to act as an updated version of the current 90-day Mission Work Permit (MWP). Like the 90-day MWP, this new visa will require prior approval from the Ministry of Labor. However, it will not be renewable beyond the initial 90-day maximum stay, unlike the current mission visa.
There will be a special entry permit for residents of areas neighboring the UAE’s land borders who frequently travel between the countries. The permit will be valid for multiple entries for an unextendable maximum of 90 days and will allow holders to make individual stays of up to 24 hours per entry. Permit holders will be authorized to engage in business activities only; they will not be permitted to work.
Multiple-Entry Tourism Visa Introduced; Changes for Study and Medical Treatment Visas
A new visit visa for entertainment (tourism) replaces the previous visit visa category (business or entertainment). It is available for both short visits, for a maximum stay of 30 days, and long-term visits, for a maximum stay of 90 days. Previously, only single-entry visit visas were available.
Study visas now permit a 90-day stay that can be extended once for an additional 90 days. Previously, study visas were valid for 60 days, but could be renewed twice for additional 60-day periods. Medical entry visas will now allow for multiple entries and will allow holders to be accompanied by family members.
Notification Requirements for Absconding Employees Tightened
Employers in the UAE will be required to notify immigration officials or their local police station within ten days if any of their sponsored foreign employees abandons his or her position. Previously, notification was required within three months.
The ten-day notification window may mean that employers have to develop new internal reporting mechanisms to ensure compliance.
Other Potential Changes
The immigration reform measure alludes to other potential changes of relevance to employers and their foreign workers, but these additional reforms cannot be confirmed until official implementation details become available.
- In-country changes of status options: The measure may permit individuals to change from visitor to work authorized status from within the UAE for holders of any type of visa. Currently, holders of many visa types, including tourist, mission and service visas, must leave the UAE to change status. If implemented, this change will provide employers with more procedural flexibility when transferring workers to the UAE.
- Payroll Compliance Monitoring in Free Trade Zones: Companies operating in a UAE Freezone applying for an Employment Entry Permit (EEP) for foreign nationals may be subject to a wage protection system. Though details are not yet available, such a requirement could mean that the UAE Central Bank’s Wage Protection System (WPS) will apply to employers in Freezones in the same way that it currently applies to companies in Mainland UAE. Currently, several Freezones do not employ WPS or otherwise monitor payroll disbursements.
- Standardized Qualifications Evaluations: The UAE may also adopt nationwide standards for professional qualification evaluations that will apply in the Freezones as well as in Mainland UAE. Currently, some Freezones informally follow UAE evaluation standards in practice only.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
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