Visa Regulations, Foreigners Registration Certificate and Long Term Stay Permit

Transcription

1 Visa Regulations, Foreigners Registration Certificate and Long Term Stay Permit Updated: February 2016 Legal and Tax Advice Corporate Services

2 Myanmar Foreigners Registration Certificate and Long Term Stay Permit Updated: February 2016 I. Visa Regulations Every foreigner wishing to enter Myanmar, with the exception of citizens of Brunei, Cambodia, Indonesia, Laos, the Philippines and Vietnam, must obtain a visa. Visa may be applied for at Myanmar s foreign embassies and consulates. Citizens of certain countries may further apply for visa-on-arrival or e-visas. 1. Single-Entry Visas With effect from 11 January 2016, foreigners may apply for twelve different types of visas, which may be granted as single-entry visas: of a Foreigner s Registration Certificate and Long Term Stay Permit. 3. Extension of Stay An extension of stay may be applied with the Department of Immigration and National Registration, Division of Immigration and Naturalization, Stay Extension Section, No. (122), Ground Floor, Pansodan Street, Kyauktada Township, Yangon Regional Division. Duration of Extension Fees (i) Gratis diplomatic/official courtesy visa (GDC/GOC); (ii) International organization (official visa); (iii) Tourist visa; (iv) Business visa; (v) Employment visa; (vi) Social visa; (vii) Religious visa; (viii) Education visa; (ix) Journalist visa; (x) Crew visa; (xi) Workshop/seminar/meeting/research visa; and (xii) Transit visa. While the notification of the Ministry states that only singleentry visas shall be granted at Myanmar s foreign embassies and consulates, in practice, some of the embassies continue to issue multiple journey visas. 2. Re-Entry Visa In addition, foreigners may apply for three types of reentry visas: (i) Multiple journey special re-entry visa (multiple for up to one year); (ii) Special re-entry visa or single re-entry visa; and (iii) Re-entry visa for foreigners entitled to reside in Myanmar. Pursuant to the notification of the Ministry, anyone wishing to obtain a multiple journey or re-entry visa will in future have to apply with the Foreigners Affair Branch of the Ministry of Immigration and Population in Yangon. In practice, the Foreigners Affair Branch of the Ministry of Immigration and Population does however issue such visa only to holders One (1) day to three (3) months Three (3) months to one (1) year 4. Overstay Fees 36 US$ 90 US$ Unapproved overstay will result in the following fees: Duration of Overstay One (1) day to 90 days Over 90 days Fees Three (3) US$ per day Five (5) US$ per day II. Foreigners Registration Certificate & Long Term Stay Permit Every foreigner wishing to reside in Myanmar on a long term basis (i.e. more than 90 days) is required by law to apply for a Foreigner s Registration Certificate. The additional issuance of a Long Term Stay Permit allows the foreigner to reside in Myanmar without having to leave the country every 70 days, as required for holders of a business visa. Kindly note, that a valid visa is a requirement for the issuance of a Foreigner s Registration Certificate and Long Term Stay Permit in Myanmar. 2

3 The application for the Foreigner s Registration Certificate and the Long Term Stay Permit will be done simultaneously. Please note, that the Long Term Stay Permit will initially often be issued for three (3) or six (6) months only, before a one (1) year permit may be granted by the authorities. 1. Documents required In order to prepare the necessary application forms, kindly provide us with the following documents and information: 1.1 Documents of the Myanmar employer (copies) Incorporation Certificate Trade Permit (Form I) Form VI and Form XXVI (applicable only to Private Limited Companies) Form XVIII (applicable only to Branches) Bank account statement Form E (if applicable) MIC Permit, together with a confirmation of the proposed number as well as a list of the currently employed foreign employees (if applicable) Import/Export Certificate (if applicable) UMFCCI member certificate (if applicable) Endorsement letter of the Industrial Zone License (if applicable) MoU or ministry issued license (if applicable) 2. Application forms and documents Upon receipt of the above documents, we will prepare the necessary application forms and letters: Authorization letter Cover letter in Myanmar and English to the respective ministry Cover letter in Myanmar and English to the Immigration and National Registration Department Cover letter in Myanmar and English to the respective township immigration officer Foreigner s Registration Certificate application form Immigration and National Registration Department application form 3. Process Once you have arrived in Myanmar, the Foreigner s Registration Certificate and Long Term Stay Permit should be applied for immediately. We will coordinate the application process to ensure that all required documents are available. Upon receipt of the above mentioned documents from yourself and your Myanmar employer, we will prepare all required application documents and forms, to be signed by yourself and your Myanmar employer. Upon receipt of the signed documents, the process is as follows: 1.2 Documents of the applicant (copies) Passport ID page, Myanmar visa and arrival stamp Nine (9) identical passport pictures not older than six (6) months (4cm x 6cm) CV/resume, signed at the bottom-right by the applicant Employment contract Endorsement letter from the applicant s embassy in Myanmar please advise if you require our assistance Two (2) business card hard copies with job title Marriage and/or birth certificates of dependents (if applicable) Residence letter, landlord s National Registration Card copy, landlord s family list and lease contract Endorsement letter from the respective Ward Administration Office We will apply for the respective government ministry endorsement and support letter; We will collect the respective government ministry endorsement and support letter (a copy of which will be sent to the Department of Immigration directly by the ministry); We will apply for your Foreigner s Registration Certificate at the Immigration Department in Yangon; We will apply for your Long Term Stay Permit at the Immigration Department in Yangon; and We will collect your Foreigner s Registration Certificate and Long Term Stay Permit documents. Please note, that we will require the original passport for the collection of the permits. The passport will be returned immediately. The processing time (after submission of all documents) is approximately between four (4) to five (5) weeks. After obtaining 3

4 Myanmar Foreigners Registration Certificate and Long Term Stay Permit Updated: February 2016 the Long Term Stay Permit, you will no longer be required to leave Myanmar every 70 days, but may stay in the country for the granted period of time. Please note, that the initial Long Term Stay Permit will usually be granted for three (3) months only. When the Long Term Stay Permit is going to expire, we would request an approval for the visa and stay permit extension application for you. For the second application, the authorities of Myanmar usually grant six (6) months. From the third application on, twelve (12) months are usually approved. The following documents shall be submitted: (i) Application form (signed by the parents or guardians) (ii) Passport ID page, Myanmar visa and arrival stamp (iii) Four (4) identical passport pictures not older than six (6) months (4cm x 6cm) (iv) Receipt for paying the fee (original). III. Costs The costs are as follows: 4. Guest Residence Report Initial Application (Applicant) USD 1, plus USD After issuance and collection of the Foreigner s Registration Certificate and Long Term Stay Permit, a Guest Residence Report will be filed with the respective Township Immigration Department. Please note, that strictly speaking, such Guest Residence Report has to be updated weekly. In practice, this is however generally not done anymore. 5. Change of Address Initial Application (Dependant) USD plus USD Guest Resident Report USD plus official Renewal (Applicant) USD 1, US$ fees (variable) plus USD Renewal (Dependant) USD plus USD Foreigners with a Foreigners Registration Certificate changing their address shall notify the Section of Foreigner s Registration within 72 hours and submit the following documents: Whilst comprehensive, we hope that the above information is useful to you. Should you have any questions, please do not hesitate to contact us. (i) Application form (ii) Passport (copy and original) (iii) FRC (copy and original) (iv) Report of arrival (v) Recommendation letter of the state/regional officers. Alexander Bohusch Rechtsanwalt/Attorney-at-law (Germany) Luther Law Firm Limited Myanmar Phone alex.bohusch@luther-lawfirm.com 6. Registration of Offspring Minors below the age of 18 do not need to apply for a Foreigners Registration Certificate. The names of the children below 18 years shall however be entered into the Foreigners Registration Certificate of the parents. Furthermore, children below 18 years and above 12 years shall apply for Form AA. 4

5 Imprint Luther Rechtsanwaltsgesellschaft mbh, Anna-Schneider-Steig 22, Cologne, Phone , Fax , Editor: Alexander Bohusch, Rechtsanwalt/Attorney-at-law (Germany), Luther Law Firm Limited, Luther Corporate Services Limited, Uniteam Marine Office Building, Level 8, Unit #1, 84 Pan Hlaing Street, Sanchaung Township Yangon, Myanmar, Phone , Fax , HP (MM): , HP (SG): , alexander.bohusch@ luther-lawfirm.com Copyright: These texts are protected by copyright. You may make use of the information contained herein with our written consent, if you do so accurately and cite us as the source. Please contact the editors in this regard contact@luther-lawfirm.com Disclaimer Although every effort has been made to offer current and correct information, this publication has been prepared to provide information on recent regulatory and legal developments in Myanmar only. It is not exhaustive and thus does not cover all topics with which it deals. It will not be updated and cannot substitute individual legal and/or tax advice. This publication is distributed with the understanding that Luther, the editors and authors cannot be held responsible for the results of any actions taken on the basis of information contained herein or omitted, nor for any errors or omissions in this regard. 5

6 Luther Rechtsanwaltsgesellschaft mbh Luther Rechtsanwaltsgesellschaft mbh advises in all areas of business law. Our clients include medium-sized companies and large corporations, as well as the public sector. Berlin, Brussels, Cologne, Dusseldorf, Essen, Frankfurt a. M., Hamburg, Hanover, Leipzig, London, Luxembourg, Munich, Shanghai, Singapore, Stuttgart, Yangon Luther Corporate Services: Delhi-Gurgaon, Kuala Lumpur, Shanghai, Singapore, Yangon Your local contacts can be found on our websites and Legal and Tax Advice Corporate Services