Tag Archive for: Immigration

Andrew Stegmann

Immigration – Focus on the Democratic Republic of the Congo

Located on the Congo River, Kinshasa is the Capital of the Democratic Republic of Congo, home to over 80 million people, who inhabit a land considered to be one of the richest in terms of natural resources, including, but not limited to, raw minerals such as gold, copper, cobalt, and diamonds, in the world.

As such, many multi-nationals in these sectors are keen to create a presence in this mineral-rich nation and, as such, are required to send expatiate employees to this location as part of their skills-development agenda or as part of start-up operations.

The framework for legalising the stay of expatiate employees in the DRC is rather basic and local authorities wield much power in decision-making processes. There are two kinds of work permits that can be granted: Visa d’établissement de travail or “Vet”, which is a general work permit(the “General Work Permit” VET) and the Visa d’établissement de travail – catégorie spécifique or “VETS” whish is a skills-specific work permit.

All applications must be submitted in the DRC therefore it is imperative that you enlist the assistance of Relocation Africa in aiding you in this process.

If you have need of assistance in the DRC, please contact immigration@relocationafrica.com

Andrew Stegmann

Immigration changes in Africa: Morocco and Zambia

MOROCCO | Online Work Permit Submission Now Mandatory

Effective June 1, companies sponsoring foreign national employees for work permits are required to submit applications and track their progress using the Ministry of Labor and Professional Integration’s (MOL) Taechir online portal. Furthermore, the MOL has announced that it will no longer accept submission of manual work permit applications. Companies that have not used the online process in the past should register on the Taechir site immediately to obtain log-in credentials to avoid delay in submitting future applications.

This final MOL announcement making the electronic process mandatory brings no change in application requirements. The initial application submission is completed online and notification of adjudication or requests for additional documents are sent through email. However, subsequent paper submission of signed original forms and documents to the Department of Employment is still required.

The Moroccan online application system has been available now for over a year, and Pro-Link GLOBAL has already been successfully filing work permit applications through the platform. With these applications, we have already seen a significant improvement in processing times with most applications being adjudicated within two to three weeks.

ZAMBIA | New Stricter Employment Permit Guidelines Issued

Effective May 26, the Zambian Department of Immigration (DOI) has issued revised guidelines covering foreign nationals seeking employment permits to work in the country. The new stricter guidelines are in furtherance of the county’s Zambianization policy to increase local worker employment while still allowing companies access to needed foreign talent. The changes are of particular note to Zambia’s large mineral mining sector, which accounts for 75 percent of the country’s exports.

Companies should take note that new guidelines – applicable to employment permits valid longer than six months – are a significant departure from past practice. Included in the changes are the following:

  • Applications – Applications for employment permits must be submitted in-country to the DOI in Lusaka prior to the foreign national arriving in Zambia. Sponsoring companies using third-party agents to submit applications must designate a single agent as authorized to act on their behalf for all employment permit applications.
  • Employment Permit Validity – Permits will no longer be valid for a standard two-year period. Rather, the length of the permit will be determined by the DOI on a case-by-case basis. Sponsoring companies must specify in the application the length of intended employment in Zambia for the foreign employee, and the DOI will then rule on the maximum length for which the permit will be issued. Points to be considered by the DOI are the industry in question, size and stage of the company’s development, and the scarcity of the worker’s skills.
  • Recruitment Efforts and Job Advertisement – Sponsoring companies must provide a summary showing evidence of local recruitment efforts, including two advertisements of the open position in leading Zambian newspapers.
  • Subcontractors – Companies that subcontract with foreign companies must provide information on their organizational structure and number of local and foreign workers employed by the subcontractor.
  • Zambianization Plan – Sponsoring companies will be required to submit a “succession plan” providing the names of local employees and a plan to train them to eventually replace the foreign worker.
  • Quarterly Labor Audits – The DOI’s Immigration Permits Committee (IPC) will conduct quarterly audits to verify the number of local and foreign workers employed by companies at any given time. The IPC will partner with other agencies, including the Ministry of Labor and Ministry of Mines, in their audits.
  • Required Documents – In addition to the above, the revised guidelines now contain a more extensive list of required documents to be submitted along with employment permit applications.

The official publication of the new Revised Guidelines for Employment Permit Issuance is available online here. The Zambian Home Affairs Minister had called a suspension of issuing employment permits to foreign nationals in February of this year, citing abuse on the current system. The suspension – purportedly to give officials time to implement the new revised guidelines – has now been lifted.

These changes are part of an ongoing movement to overhaul the Zambian immigration system, which is locally seen as inadequate for the global economy. Reportedly, plans are also underway to implement a new national biometric identification card system, rules for dual citizenship, and increased tourist visa options.

Source

Andrew Stegmann

Angola immigration changes – companies may pay foreign employees in foreign currency & offer agreed benefit packages

ANGOLA | Companies May Pay Foreign Employees in Foreign Currency and Offer Agreed Benefit Packages
In March, Pro-Link GLOBAL reported on Angolan Presidential Decree (No. 43/17) which required foreign workers in the country to be paid only in kwanzas (the local currency), capped benefit packages at 50 percent of base salary, and placed a maximum length on foreign employment contracts of 36 months. See our Immigration Dispatch of March 20 for more details. At that time, we believed the policy to be misguided and likely detrimental to business activity in Angola by making it more difficult to recruit the needed skilled foreign labor. Apparently, Angolan President Jose Eduardo dos Santos now agrees and, on April 24, the President signed a new decree (No. 78/17) repealing the earlier decree.

The net result of the two decrees is that we are now back to the prior rule that companies and their foreign employees are free to contract for whatever salary, in whatever currency, with whatever benefits package, for however long, they agree. While employment-based immigration in Angola will continue to be a somewhat challenging and opaque affair, this is at least a positive “about face” after previously heading in the wrong direction.

Source

Andrew Stegmann

Immigration – Focus on Tunisia

The Republic of Tunisia is a country located in North Africa. It is bordered by Algeria to the west and Libya to the southeast. It is the northernmost country on the African continent, and the smallest of the nations situated along the Atlas mountain range. Around forty percent of the country is composed of the Sahara desert, with much of the remainder consisting of particularly fertile soil and a 1300 km coastline.

The population of Tunisia consists of 97% Berbers, Arab or a mixture of two. The Berbers are the indigenous population of North‐Africa. The Berbers primarily speak Berber languages, often called Shelha.

Tunisian immigration law is relatively restrictive in its application. Requirements, processing times, employment eligibility, and benefits for accompanying family members vary by visa classification.

Tunisia typically issues single-entry business visas for business visits of up to 90 days consecutively or 183 days cumulatively.

Foreign nationals seeking to engage in business-related activities for a period of more than 90 days generally must obtain a work permit. Visa nationals who have obtained a residence card may use it to enter Tunisia and need not obtain an entry visa. Work permits can be extended if the foreign national can demonstrate a need.

Note that some foreign nationals (investors, directors etc.) are exempted from obtaining a work permit, but would still be subject to a formal process by applying for non-submission of a work permit.