Proposed Amendments To The QFC Immigration Regulations

On 20 March 2016, the Qatar Financial Centre Authority (QFCA) published two Public Consultation Papers setting out proposed enhancements and refinements to the QFC Employment Regulations No.10 of 2006 (QFC Employment Regulations) and the QFC Immigration Regulations No.11 of 2006 (QFC Immigration Regulations); this article will aim to provide a brief summary of the proposals which mark the first real attempt to amend the respective Regulations since their inception.

Consultation Paper No.1 of 2016 - proposed amendments to the QFC Immigration Regulations

The QFCA has proposed amendments to both Article 9 (Sponsorship of QFC Employees) and Article 20 (Provisions relating to sponsored QFC Employees).

Article 9 (Sponsorship of QFC Employees)

Article 9(1) currently provides that "QFC Employees must be sponsored in the State by their Employer". Article 13 of the QFC Immigration Regulations provides for situations where a person may work in the QFC without being sponsored by the Employer for e.g. Article 13(3) provides that "a partner of a QFC Employee who subsequently obtains work in the QFC shall remain under the sponsorship of the partner". In order to try and avoid any confusion and enhance clarity, the QFCA have proposed the insertion of the following words (in bold) at the beginning of Article 9(1): "Subject to the provisions of these Regulations, QFC Employees must be sponsored in the State by their Employer".

Article 20 (Provisions relating to sponsored QFC Employees)

Article 20 currently provides that, "...the QFC Employee shall leave the State within thirty (30) days of the termination of the employment for which he was granted the entry visa or residence permit".

The QFCA point out that the problem with this clause is that the period in which the Employee must leave the country is short and may not provide sufficient time for the Employee to manage his/her affairs especially where termination is immediate and without notice. The QFCA have therefore proposed that Article 20 be amended such that the duration of the period for exiting the country post termination is increased to 90 days. This would bring the QFC Immigration Regulations in line with Article 11 of the State Law No.(4) of 2009 regulating the entry and exit of expatriates in Qatar and their residence and sponsorship.

The amended clause would read as follows: "Except as required by these Regulations, the QFC Employee shall leave the State within ninety (90) days from the date of...