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Stay legal: Entry requirements for expatriates
While Myanmar's emerging market continues to attract interest and foreign investments, new ripples of businesspeople, staff and voluntary workers are being lured to the Golden Land. Whilst some are fortunate enough to arrange their travel and lodging in advance, many expatriates in Myanmar come without much more than a 70-day provisional visas to support their sojourn.
We will review the fundamentals of Myanmar's Myanmar citizenship and work and residence permits in this paper. For most foreign nationals arriving in Myanmar for any reasons, the most fundamental condition is a valid passport. There are a wide range of permits for foreign nationals arriving from other lands that allow cross-frontier entry, but for the purpose of residing and working in Myanmar, a commercial license is necessary.
There are three types of commercial travel permits, which include 70-day one-time travel, six-month multiple-entry and one-year multiple-entry. In general, multiple-entry visa requirements mean that a foreign national has previously travelled to Myanmar three times, although there is some margin of appreciation for issuing such permits, and we know that foreign nationals who have previously received a multiple-entry permit only once have received such a permit.
Whereas a six-month or one-year multiple-entry permit is issued for the period indicated, foreign nationals in possession of such a permit are generally obliged to emigrate and re-enter Myanmar every 70 calendar dates for reasons of migrants. Exceeding the period of application of a permit or 70-day-exit obligation can result in a fine of $3 per person per night for up to 90 or $5 per person per day after that.
We' ve been told as anecdotal that immigrant services usually have quite a lot of sympathy for a brief sojourn, but it is always wise to remain within the conditions of your permit in order to prevent potentially uncomfortable outcomes. As a rule, requests for commercial travel permits are filed at a foreigner's home foreigner' foreign or local available foreigner' s foreign or Myanmar' s closest foreigner' s foreigner' s foreigner' s foreigner' s foreigner' s foreigner' s foreign embassy in Myanmar.
The precise requisites and filing fee varies for each Myanmar consulate or mission, but the default documenting requirement includes a valid 6-month minimum valid Myanmar citizenship card, a notice of hospitality from the employers or the employer's Myanmar-based organization, documents regarding the registering of the hosting organization and a filled-in filing document.
Alternatively to getting a commercial visitor's license before you arrive in Myanmar, you can request a visitor's license upon your return to Yangon International Airport. The same procedure applies to a 70-day entrance to the country of originating from. Myanmar The Myanmar External Investments Law 2012 (FIL (2012)) and its implementation rules 2013 FOREX Rules FIR (2013) contain information on work and residence visas for expatriates working for businesses with an Myanmar Investments Commission (MIC) approval (often called" MIC approval").
While the FIL (2012) and the FIR (2013) appear to oblige expatriate employees working in enterprises with MIC licences to obtain such licences, this demand does not seem to be rigorously upheld. There does not appear to be any such requirements for non-national employees working in enterprises that do not hold a MIC licence.
As Myanmar's migration and working capacity increases, it will be important for overseas businesses and employees to keep abreast of the state of the legislation and which businesses and employees are involved, as the laws and policies related to these licenses may evolve in the near-term. FIR (2013) points out that the work permit will only be available under another implementation act called "Foreign Employment Law".
Currently, no such legislation has been adopted and it does not seem possible to obtain the work permits requested by the FIL (2012). If the work permit system comes into force, the employer must obtain the necessary work permit from the Ministry of Labour, Employment and Social Security on account of his expatriate work.
In spite of the lack of a work permit system, it seems that residence cards are currently available. Residence authorisations mainly abolish the 70-day travel obligation for Myanmar nationals requiring a six-month or one-year multi-pass permit; however, the residence permit does not count as a self-permit, and Myanmar nationals with a 70-day permit must continue to leave the state and obtain a new one either before or after their comeback.
In order to obtain a residence card, a foreign national must be working or traveling to Myanmar on a current commercial visas. Employees of MIC approved enterprises must obtain a credentials from the MIC, while those working for enterprises that are only register with the Companies Registration Office (CRO) must obtain a credentials from the Ministry of National Planning and Economic Development.
After receiving the corresponding reference from the CRO, the alien can request a residence permit with a validity of up to one year. Like many areas of Myanmar legislation, the laws and regulation for overseas employees are constantly evolving and government agencies' needs may differ from use.
Specifically, we have found that the conditions for applying for a residence permit are not clear and that the procedure may be subjected to a large number of ad-hoc inquiries from the review agencies. Currently, the passport for all Myanmar's expatriates is to make sure that a current commercial permit is in place and that the deadlines for extending visas are complied with.
Foreign nationals working for a MIC licensed enterprise are also well advised to follow the Immigration and MIC notices regarding forthcoming work permits as contained in the FIL (2012). As Myanmar's biggest multinational legal office, we have nearly 40 senior attorneys, legal secretaries and economists in Yangon and Mandalay and another legal staff devoted to the Myanmar area.
While Kelvin Chia Yangon Ltd. has made every effort to verify the correctness of the information provided, it cannot accept any liability for its correctness. Because each person's needs may differ depending on the circumstances, you should obtain appropriate lawful or other appropriate advice before trading or reliance on the information herein.