Middle East

Legal update

August 2012
Qatar - A Right of Entry?
A Right to Work? A
Right to Reside? A Right
of Exit?
Written by David Salt and Emma Higham

Qatar’s population has more than doubled from

around 600,000 in 2000 to in excess of 1,500,000
at the end of 2010. It is among one of the most
prosperous countries in the world and one of the
fastest growing economies in the Middle East. With
the influx of people moving to Qatar it is important
for workers and employers to understand the laws
that apply to immigration.
Law No (4) of 2009 sets out regulations Tourist, Visit or On-Arrival Visas
under which expatriates may enter,
Nationals of thirty-three countries
exit, work and reside in Qatar. The
can currently enter Qatar on an
Immigration Department of the
on-arrival visa issued for a fee at the
Ministry of Interior and the Labour
Qatar International Airport. Gulf
Department of the Ministry of
Cooperation Council nationals or
Labour are the main agencies of
holders of certain Gulf Cooperation
administration. The law defines an
Council resident’s permits can enter
Expatriate as any individual entering
on this basis alone. The visas are
Qatar who is not a Qatari national.
issued for thirty days and can be
Unless an individual is a Gulf extended for a further thirty days
Cooperation Council (GCC) national at the discretion of the immigration
he or she must be sponsored by authorities. On the expiry of the
either a Qatari national or an entity initial or extended thirty day period
registered to undertake business in an individual must leave Qatar
Qatar. This arrangement does not but can then re enter (same day if
lend itself to short term or casual necessary) and be issued with a new
employment arrangements. It is also visa. Nationals from outside the
important to note that there are laws thirty-three countries must either
and regulations in place to encourage arrange for a tourist visa through a
the employment of nationals, known Qatar based hotel where they must
as Qatarisation. remain during their stay in Qatar,
or a visit visa through the Qatari
Right of Entry? Embassy responsible for their relevant
There are 3 main ways for an jurisdiction. Visit visas may be applied
individual to enter Qatar: for and obtained before entering
Qatar. Details may be found on Qatar
Embassy websites.

The merged firm of Clyde & Co and Barlow Lyde & Gilbert
Business Visas
Business visas must be applied for in advance of an
individual entering Qatar. A Qatari entity approved to issue
business visas in Qatar, eg. a wholly owned Qatari entity,
a foreign entity working in association with the Qatar
Government, etc. may issue a business visa. Alternatively
the Qatari Embassy responsible for the individual’s
relevant jurisdiction may issue a business visa. A letter of
support from a Qatari national or registered entity must
be submitted in support of the application. Visas are
normally issued for one month, but can be extended by the
immigration authorities by discretion. Visas may be multi
entry.
Work Permit
Work permits may only be applied for by an individual
or entity registered with the Qatar employment
authorities. These applicants are known as the workers’
sponsors (Sponsor). Sponsorship and Immigration are
interlinked in Qatar. Once a Qatari entity has been
issued with an immigration card it may register with the
Labour Department and submit block visa allocation
applications to bring individuals into Qatar to work for it
alone. Under Qatar law individuals must be sponsored
and employed by the same individual or entity. Qatari
nationals can also sponsor their workers. A block visa
allocation application must state the gender, nationality
and job title of the workers a Qatari entity or individual
wishes to employ. Once the block visa allocation has been
approved by the Labour Department passport copies and
appropriate education certificates must be submitted to
the Immigration Department in order for each worker to
be issued with his or her work permit. The employer must
then apply for the worker’s residency.
Right to Work?
Holders of tourist, visit or on-arrival visas may not work
in Qatar. Business visas allow the holders to represent
themselves or their companies, but not to work. ONLY a
holder of a valid work permit may work lawfully in Qatar.
Holders of resident’s permits may work but ONLY for their
sponsors. Contract working is not permitted. Individuals
holding family residencies must apply for, and be issued
with, work permits to work, subject to some exceptions, eg.
the Qatar Financial Centre (QFC). Part time workers can
work, subject to the permission of their sponsor/employer,
for a Qatari national or an entity registered to undertake
business in Qatar.
Right to Reside?
Resident’s Permit
Individuals who wish to work and reside in Qatar should
apply for a resident’s permit. A work permit must have
been granted to an individual before such an application
can be made. It must be the worker’s sponsor who applies.
It is usually issued for one year initially and then two years
going forward.
Dual residency is permitted by discretion in Qatar;
individuals must hold senior positions in both sponsoring
entities which should have the same name.
Family Residency
Where an individual holds a valid Qatari resident’s
permit he or she can apply to sponsor their spouses and
dependent family members. The resident will have to
demonstrate to the immigration authorities that he or she
is appropriately employed with sufficient funds (currently
10,000 Qatari Riyals) to do so.
Sponsorship Transfer
Residency may be transferred between sponsors, subject to
the discretion of the immigration Department. In order to
transfer sponsorship an individual must hold a resident’s
permit which has been valid for more than 12 months, a
sponsor’s letter of no objection (NOC) and a “clean” Police
Report. Where no NOC is provided (there is no obligation
to provide and no right of provision) an individual may not
work in Qatar, ie. be sponsored and employed in Qatar, for
a period of two years, although appeals can be made to
the Human Rights Department of the Ministry of Interior.
Where individuals do not have a resident’s permit which
has been valid for more than 12 months, provided they
hold an NOC, they must leave Qatar and re-enter on either
a visit or business visa or a work permit in order for their
new sponsors to be in a position to apply for a resident’s
permit.
Liability
During the period of time in which the individuals resides
in Qatar he or she will have a Sponsor for Residence
(Sponsor) who will be legally responsible for them,
including obtaining and renewing resident’s permits and
associated registrations.
A Sponsor will not be liable financially for any of the
obligations of the individuals it sponsors unless it
specifically agrees to guarantee such obligations.
Right of Exit?
Individuals entering Qatar other than on a tourist, visit or
on-arrival visa MUST obtain an exit visa from their Qatari
sponsor in order to leave. Business visa holders may
require an exit visa for stays in excess of 14 days; penalties
are levied for over-stays. Workers require an exit permit to
leave Qatar and unless a re-entry visa is obtained the work
permit will cancel automatically on exit. The holders of
resident’s permits may be issued with multi-exit visas at
the sponsor’s discretion.
 Immigration Submissions
In addition to the various processes
and authorities referred to and
mentioned, respectively, above,
entrants to the Qatar job market
should be aware that education
certificates, employment
arrangements, marriage and birth
certificates, Police Reports and any
additional documents which may
be requested from time to time will
need to be notarised, legalised and
authenticated in the originating
country for use in Qatar. Qatar is not
a signatory to the Hague Convention
and so this process can be lengthy and
expensive, especially where there is
no Qatari Embassy in the country of
origin.
Note: Qatari Laws (save for those issued
the Qatar Financial Centre to regulate
internal business) are issued in Arabic
and there are no official translations,
therefore for the purposes of drafting this
article we have used our own translations
and interpreted the same in the context
of Qatari regulation and current market
practice.

Further information
If you would like further information
on any issue raised in this update
please contact:
David Salt, Partner
david.salt@clydeco.com.qa
Emma Higham, Senior Associate
emma.higham@clydeco.com.qa
Clyde & Co LLP
Qatar Financial Centre
9th Floor, Office 902
West Bay
PO Box 31453
Doha
Qatar
T: +974 4496 7434
F: +974 4496 7412
Clyde & Co accepts no responsibility for
loss occasioned to any person acting or
refraining from acting as a result of material
contained in this summary.
Clyde & Co LLP is a limited liability
partnership registered in England and Wales.
Regulated by the Solicitors Regulation
Authority. QFC Branch licensed by the
QFCA. DIFC office registered with the
DFSA. Abdulaziz A. Al-Bosaily Law Office in
association with Clyde & Co LLP is licensed
in Riyadh – see www.albosailylawoffice.com
for licence detail.
© Clyde & Co LLP 2012 www.clydeco.com/middle-east
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