Weekly Immigration Update: September 17–23, 2021

Brazil/Dominican Republic: Visa Waiver Agreement Implemented in Brazil – A bilateral agreement signed by the governments of Brazil and the Dominican Republic to facilitate movement between the two countries has been officially published in Brazil, confirming visa-free entry for Dominican Republic nationals traveling to Brazil for transit, tourism or business for up to 60 days. Extensions are available for an additional 60 days, for a maximum of 120 days within a 12-month period (counted from the first day of entry). Fragomen is monitoring the implementation of the agreement in the Dominican Republic -- currently under review by the Ministry of Foreign Affairs -- and will report on relevant updates.   

Cape Verde: Regularization Process Approved for Foreign Nationals Without Legal Status – The Council of Ministers has approved a process to regularize citizens of the Economic Community of West African States (ECOWAS), Community of Portuguese Languages Countries (CPLP) and other foreign nationals residing in Cape Verde without legal status. The process will start on December 15, 2021 and will last approximately five months (and may be extended). To qualify for the regularization process, affected foreign nationals must have lived in Cape Verde since December 2020 and must have resided in the country continuously for at least one year since then. Applicants for the regularization process will be issued a temporary residence permit and will be exempt from fines for overstaying in the country. The Department of Foreigners and Borders will manage the application process and process steps will be announced before the commencement of the regularization process. The regularization process is intended to foster the integration of foreign nationals and to enable affected foreign nationals to continue to contribute to the economic development of the country.

Egypt: Issuance Resumes for Admission Approvals for Indian Nationals – The Ministry of Manpower has resumed the issuance of admission approvals for Indian nationals in the form of a security code for entry to Egypt. An admission approval is usually issued once a work permit has been approved to enable applicants to apply for entry visas to Egypt through the Egyptian consular representative either in the applicant’s home country or country of residence. Issuance was originally suspended due to the spread of Black Fungus in August 2021. The suspension remains in place for nationals of Bangladesh. Eligible travelers must meet all applicable entry conditions and abide by precautionary measures that have been adopted in Egypt, including COVID-19 PCR testing and quarantine requirements, if applicable.

France: Online Filing Expanded – The following immigration applications can now be filed online via the ImmiPro platform, launched in April 2021: duplicate residence permit; change of address; and “visitor” temporary residence permit (the latter is often used for spouses who are not eligible for other dependent immigration statuses or for retirees). The following applications will soon be available for online filing: change of civil status and family situation effective September 27, 2021; and ‘circulation document for minor children’ effective October 11, 2021. Online processing aims to streamline the application process for applicants and consolidate application steps onto a single platform to remove discrepancies in document requirements between local authorities. Local authorities could still apply their own documentary requirements and process variations, and there may be regional variations to process steps and requirements during the transition phase. Online filing also has the health benefit of removing the in-person filing step from the process, which is especially useful during the COVID-19 pandemic. During the transition phase, technical issues may delay full platform deployment and application processing.

Ireland: Immigration Authority Announces Digitization Program – Immigration Service Delivery, the Irish immigration authority, announced a comprehensive strategy to digitize operations including the use of e-signatures and online forms, to ensure a streamlined process and timely responses despite continued increases in application volume. The strategy is currently in the process mapping phase. Further details on practical steps and an implementation timeline are expected in 2022.

Mauritania: Decree Prioritizing Employment of Locals Forthcoming – The Council of Ministers of Mauritania has approved a draft decree aimed at prioritizing the employment of foreign nationals in jobs where skills cannot be found in the local population. The decree will also modernize the country’s immigration system through the use of online technology to deliver services and will expand employment opportunities for foreign spouses of Mauritanians and those deciding to reside permanently in Mauritania. The new decree was passed in response to the rising level of unemployment in the country caused by the COVID-19 pandemic. Information on the implementation date of the decree has yet to be released.

Panama: Fine for Noncompliance with Labor Laws Increased for Companies – The labor law fine has increased for companies that employ foreign workers without work authorization for the third time. The third time the company is found employing foreign workers without the proper work authorization (regardless of the number of workers found), they will be fined USD 15,000. Previously, the fine was USD 10,000. Upon the third offense, the company can also be subject to cancellation of its operating permit. As a reminder, companies employing foreign nationals in breach of labor laws may be subject to fines of up to USD 500 per unauthorized worker for a first offense and USD 1,000 per unauthorized worker for a second offense. Upon a fourth offense, a company may be subject to permanent cancellation of its operating permit, immediate dismissal of unauthorized workers (with loss of labor benefits) and publication of the company’s name as an offender on the Ministry of Labor’s website. Employers may also be subject to additional fines under Panama’s immigration laws.

Panama: Update on Upcoming Period of Stay Change – The National Immigration Service has published a follow-up resolution exempting nationals of Canada and the United States from the upcoming change to the maximum period of stay in Panama. The maximum allowable period of stay in Panama for tourists and business visitors from Canada and the United States will continue to be 180 days for each visit (as is the rule now), and will not be reduced to 90 days for each visit, which will be the case for other visa-exempt visitors. Extensions are not permissible for visitors granted an initial stay of 180 days. The exemption is based on reciprocity; Canada and the United States currently allow nationals of Panama to remain in their countries for up to 180 days as tourists.   

Peru: Apostille and Legalization Processing Delays – Due to a backlog of applications at the Ministry of Foreign Affairs, apostille and legalization appointments are currently being held for four to six weeks or more from the appointment scheduling date, up from the previous one to two weeks. Delays are also being caused by document apostille/legalization rules imposed by the Ministry of Foreign Affairs, such as a limited number of applications allowed per appointment. Foreign nationals and employers should be aware that immigration processes in other countries that require apostilled or legalized Peruvian documents may be delayed. Fragomen will continue to monitor the Ministry’s appointment system and will report on developments.

Saint Lucia: Remote Work Visa Now Allows Longer Stays – According to the government website, Saint Lucia’s “Live It” extended-stay program now allows foreign nationals to apply to the Immigration Department for a multiple-entry visa to travel to and work remotely from Saint Lucia for up to one year. The program previously allowed visits for up to six weeks. Foreign nationals seeking to apply for the visa must have a passport that is valid for at least six months, must demonstrate proof of sufficient funds for their trip, and submit a job letter and an invitation letter (if invited by friends or relatives), among other requirements. Foreign nationals considering a remote work arrangement in St. Lucia should consult a professional for tax and other legal implications.  

United Arab Emirates: Private and Government Partnership Program Announced to Increase Emiratization – The UAE government has announced a program called “Nafis” which aims to increase the participation of local talent in the private sector by providing financial support to Emirati workers and their employers and by creating a range of educational and training initiatives for job seekers. Some of the key initiatives of the program include the UAE government participating in the payment of salaries of certain Emirati workers, a five-year support plan for pension contributions for local workers through a rebate scheme, and financial support for local workers who lose their jobs. It is expected that employers in the private sector will be required to increase the number of Emirati employees in their workforce to reach specific targets set by the relevant government authorities. The initial target for employers is expected to be 10% of the workforce for skilled occupations -- to be met in the first five years of the program, whereas current localization rates are much lower. Further details related to the program, including its implementation date and Emiratization targets, are expected to be announced in the coming months.