New Legal Framework of Foreign Citizens in Angola
New Legal Framework of Foreign Citizens in Angola
On May 23rd, 2019 Law no. 13/19 was published, which approved the new Law on the Regulation of Foreign Citizens in the Republic of Angola (“LRFC”), coming into force on July, 22nd. The new regime has some major changes, of which we highlight the following:
- Ordinary Visa is eliminated and replaced by Tourism Visa.
- Privileged Visa is replaced by Investor`s Visa.
- Touristic establishments and local accommodation establishments, as well as all facilities that host non-resident foreign citizens, are required to declare the presence of such hosts to the Migration Authority or to the nearest Police unit, within 48 hours after their arriving.
- Criminal provisions pertaining illegal immigration are aggravated.
- Fines for illegal permanence in the country applied to legal entities, are now set in days, with the minimum limit of 10 days and a maximum of 360 days (the daily amount of the fine is to be determined by the Court, according to the economic and financial situation of the legal entity).
- The exercise of unauthorized professional activities may be subject to the payment of a fine, in addition to the expulsion of the country, in cases where: (a) a foreign citizen holder of a work visa executes a professional activity in a company other than the one that requested the work visa; or (b) a foreign citizen executes a professional activity to which is not qualified with the appropriate degree.
- Employers who allow or promote the exercise of unauthorized professional activities may be subject to a prohibition to hire non-resident foreign employees for 5 years.
- Extension of the scope of the Tourist Visa, for example, for business prospection purposes, participation in scientific and technological activities, recreational, sports or cultural visits and for family reasons.
- It is valid for 120 days, for several entries in the territory, allowing permanence of 30 days, extendable twice, for equal period.
- It is not valid for purposes of establishment of residence in Angolan territory, nor the exercise of any remunerated activity.
- This Visa is subject to the prior publication of an advertisement with the job offer to Angolan citizens in the Angolan newspaper with the widest circulation, otherwise, the Visa will not be granted.
- The Work Visa is valid for 365 days and can be extended for an equal period, until the end of the employment contract that justified it.
Temporary Permanence Visa
- Temporary Permanence Visa is granted to those who are, for example, accompanying a relative with an Investor’s, Study, Medical Treatment or Work Visa, or who are family members of someone with valid residence authorization or married to an Angolan citizen.
- Temporary Permanence Visa allows multiple entries and permanence up to 365 days, extendable for the same period, until the end of the cause of its granting.
- Temporary Permanence Visa can exceptionally be granted to foreign citizens in a labor dispute with an employer, upon confirmation by the court in which the process is pending, provided that it is not possible to maintain the employment relationship. In this case, the visa is granted for 6 months, renewable until the conclusion of the process.
- The Investor`s Visa is granted by the Migration Authority to the foreign investor, representative or proxy of the investing company, for the purpose of executing an investment proposal, but only if the investor is registered by the competent public administration body, under the terms of the Private Investment Law.
- The Investor`s Visa allows permanence in Angolan territory for 2 years, and may be extended for equal periods, if the cause that justified its granting is maintained.
- An investor with 3 years of uninterrupted permanence in Angola may apply for an authorization for temporary residence, upon prior declaration of the entity responsible for the private investment (Agency for Investment and Promotion of Exports of Angola – AIPEX), attesting that the project is valid.
- Residency Visa will be granted to foreign citizens who intend to establish residence in Angolan territory, for 90 days.
- Foreign citizens holders of this visa are required to register in the local administration service of the residence area, within 15 days after entering the Angolan territory.
- Border Visa is granted at border posts, allowing the entry into Angolan territory of foreign citizens who, due to unforeseen and justified reasons, have not requested a visa at a Consulate or Embassy, and intend to enter Angolan territory to set up equipment, provide after-sale technical assistance or develop a similar activity.
- This Visa is valid for 15 days and cannot be extended.
Short Term Visa
- Extension of authorized periods of permanence for Short-term Visas (allowing permanence up to 10 days, which may be extendable once, for another 10 days).
On a different note, further regulation of the LRFC is also pending, that will regulate and implement its provisions in order to clarify the procedures for granting visas and penalties applicable to the offenses prescribed in this law.