Palestine and Saudi Arabia: Residence status of stateless Palestinians, including access to employment, education, health care and other services, and the ability to travel in and out of the country; requirements and procedures to renew residence status, including whether stateless Palestinians whose permits have expired face deportation and detention (2015-November 2017)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Residence Status of Palestinians in Saudi Arabia

According to a 2013 submission by the UNHCR to the Universal Periodic Review (UPR), Saudi Arabia is not "a State Party to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, nor to the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness" (UN Mar. 2013, 1). In correspondence with the Research Directorate, a scientific coordinator [1] who specializes in political demography at the Gulf Labour Markets, Migration and Population (GLMM) Programme, which is "an international independent, non-partisan, non-profit joint programme" that "provides data, analyses, and recommendations contributing to the improvement of understanding and management of Gulf labour markets, migration and population" (GLMM n.d.), indicated that, having not signed the 1951 Convention, Saudi Arabia does not recognize refugees according to international law (Scientific Coordinator 26 Oct. 2017). According to a 2015 article by Julie Norman, a research fellow specializing in conflict transformation and social justice at Queen's University Belfast, and published by The Conversation Canada, "an independent source of news and views, from the academic and research community, delivered direct to the public" (The Conversation n.d.), "[a]s non-signatories, Saudi Arabia and other Gulf states have no clear policy or mandate for accepting refugees or processing asylum seekers" (Norman 23 Sept. 2015). The same source states that asylum seekers wishing to enter "must apply for a visa or work permit, which are reported to be costly and highly restricted in practice" (Norman 23 Sept. 2015).

According to sources, Palestinians are subject to the same regulations as other foreigners in Saudi Arabia (Senior Researcher 31 Oct. 2017; Independent Researcher 27 Oct. 2017). Similarly, the Scientific Coordinator explained that Palestinians do not receive treatment different from that of other foreigners (26 Oct. 2017). Arab News, an English-language newspaper in Saudi Arabia, indicated in a 2013 article that "[o]ver half a million Palestinian expatriates currently live and work in [Saudi Arabia]" and that "[m]ost Palestinians hold travel documents from Jordan, Lebanon, Syria, Iraq and Egypt" (25 Nov. 2013). Similarly, the Scientific Coordinator indicated that stateless Palestinians are treated according to the travel documents that allowed them to reach Saudi Arabia, such as from Egypt, Lebanon or Syria, or according to Jordanian documents such as Jordanian temporary passports issued to people from Gaza, which do not have a national number (26 Oct. 2017). According to the US Department of State's Country Reports on Human Rights Practices for 2016, there are "between 300,000 and 400,000 Palestinian residents not registered as refugees" in Saudi Arabia (US 3 Mar. 2017, 35).

1.1 Access to Employment, Health Care and Other Services

The website of Saudi Arabia's Ministry of Interior provides the following regarding the residence permit (iqama):

Companies, establishments and individuals must obtain residence and work permits for their employees. It is illegal to employ an alien who does not possess a residence or work permit. Employing individuals who are sponsored by others is a violation of the system. (Saudi Arabia n.d.a)

The same source also indicates that "[e]mployers must obtain residence permits for their employees to enable them [to] move freely in the city where they work" (Saudi Arabia n.d.a).

According to the Scientific Coordinator, foreigners must have sponsorship (kafala) to obtain work permits and residence permits; the sponsor can be a Saudi citizen or a company (26 Oct. 2017). For further information on sponsorship and residency permits in Saudi Arabia, see Response to Information Request ZZZ104924 of August 2014. According to an independent researcher, whose interests include nationality and statelessness, the "iqama entitles legal residents to some state benefits, but not all the benefits accorded to citizens" (independent researcher 27 Oct. 2017).

The following paragraph is based on information provided by the Scientific Coordinator:

Access to services such as health and education depends on provisions contained in the work contract; [translation] "in certain cases, these can even include access to government services." Naturalization or access to social privileges guaranteed to citizens cannot be acquired through birth in Saudi territory and access to social benefits (public education, scholarships, government jobs, some professions, access to property, etc.) are restricted for all foreigners, regardless of their place of birth.

[translation]

A foreigner can only acquire residence in Saudi Arabia through:

• Marriage with a Saudi citizen, subject to a number of administrative restrictions, especially where the man is the foreigner, since he cannot be naturalized by marriage;
• Family reunification to reunite with a foreign spouse legally settled in Saudi Arabia: this specific case only applies to the family (spouse, children under 18 years old) of an employee bearing the status of "manager" or "professional" …;
• A work contract, by far the most frequent type of case. The work contract (and, therefore, residence) is of a limited duration and renewable under certain circumstances;
• The intervention of a powerful protector, in very rare cases, can assist entry into the country, as well as access to social services and other advantages normally reserved to citizens, even residence of long duration or naturalization. (Scientific Coordinator 26 Oct. 2017)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Information on access to employment and other services specifically by Palestinian residents could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. For information on access to healthcare benefits for Palestinian foreign workers in Saudi Arabia, see Response to Information Request SAU105965 of August 2017.

1.2 Ability to Travel in and out of Saudi Arabia

For information on non-citizens born in Saudi Arabia, including whether a non-citizen can return to Saudi Arabia after the "Return Before" date on their re-entry visa has lapsed, see Response to Information Request SAU105183 of May 2015. For information on exit procedures for resident foreigners, see Response to Information Request SAU105398 of January 2016.

According to sources, as of 1 July 2017, fees charged for the residence of dependents of foreign workers must be paid prior to the issuance of an exit and re-entry visa (Gulf Business 6 July 2017; Ary News 4 July 2017).

2. Requirements and Procedures to Renew Residence Status

The Scientific Coordinator indicated that residence permits can be renewed with the approval of a sponsor or, as of recently, government authorities, for each step of the procedure (entry visa, work permit, evaluation of the candidate and of the company's status…, etc.) (26 Oct. 2017). The Scientific Coordinator indicated that procedures to renew residence status are the same for all foreigners, except in specific cases where the individual has the protection of a [translation] "powerful 'patron'" (Scientific Coordinator 26 Oct. 2017).

According to the same source,

[translation]

obtaining a work permit becomes more and more difficult, as a number of positions and sectors are closed to foreigners … and the government is trying to replace foreigners with locals.

Specifically concerning Palestinians, even if the law does not explicitly state it, it is possible that some restrictions have been lifted at certain moments. (Scientific Coordinator 26 Oct. 2017)

Article 33 of Saudi Arabia's Residence Regulations provides the following: "Ministry of Interior is entitled to withdraw the right of residence and its permit from any foreigner and instruct him to leave the country at any time and without mentioning any reasons" (Saudi Arabia 1952).

Article 37 of Saudi Arabia's Residence Regulations provides the following: "Duration of residence permit is one year which can be renewed in case conditions stipulated in this Regulation are still met for another year. However, the same permit may not be renewed more than three times" (Saudi Arabia 1952). The Scientific Coordinator indicated that [translation] "[t]he law is sometimes vague, applied subjectively, and can change abruptly" (Scientific Coordinator 26 Oct. 2017). A senior researcher at the Institute on Statelessness and Inclusion, "an independent non-profit organization committed to promoting the human rights of stateless persons and fostering inclusion to ultimately end statelessness" based in the Netherlands and affiliated with Tilburg University (Institute on Statelessness and Inclusion n.d.), indicated that the "six- to twelve-month permit (iqama) [is] the closest thing to permanency a non-Saudi can get" (Senior Researcher 31 Oct. 2017).

According to the Scientific Coordinator, [translation] "the principle of an indefinite stay, [or] settlement of foreigners in the country does not exist officially" and residence permits are only valid for a limited duration [2] (26 Oct. 2017). The independent researcher noted that "[r]esidency in Saudi Arabia is temporary by definition" ( 27 Oct. 2017).

The same source explained that the iqama "must be renewed annually, and much of the process can be done online" (independent researcher 27 Oct. 2017). A 2015 article by Arab News states that the "Passports Department has announced that it would start issuing new resident permits with a five-year lifespan for expatriates," and that "[c]ompanies and expatriates would have to renew them yearly online," noting the following:

[The new cards] would have magnetic strips to prevent forgery, have no expiry date on them, and have ''resident identity'' replacing the word "iqama." The same fees apply annually.

The government has introduced the card as part of its e-services, and to ensure greater control over procedures with modern technology. (Arab News 9 Oct. 2015)

Newland Chase, a firm composed of experts that provide immigration services to businesses (Newland Chase n.d.), also reports in an article published on their website in September 2015 that, as of 14 October 2015, a "new resident permit identification card called the 'Muqeem' will be issued which will replace the existing card, the Iqama" and that

[t]he Muqeem card will display the holder's photo and biometric details and will be valid for five years or more, as the card will not bear an expiry date. However, the holder's employer will need to complete an annual renewal via the online Muqeem service, and the individual's period of stay must be recorded through the Abshir Service in accordance with existing Iqama rules. It should be noted that residency laws will remain the same. (Newland Chase 17 Sept. 2015)

The same source also notes that for "all services related to it," the card "will be scanned with dedicated machines that will be installed at checkpoints, banks and other establishments" across Saudi Arabia (Newland Chase 17 Sept. 2015).

Sources report that new fees for dependents of foreign workers entered into effect, indicating that the monthly fee for a dependent, effective 1 July 2017, is 100 Saudi Arabian Riyals (SAR) [C$34], and that this monthly fee would increase to 200 SAR in July 2018, to 300 SAR in July 2019, and 400 SAR in July 2020 (Gulf Business 6 July 2017; Ary News 4 July 2017). According to sources, the fees are to be collected annually upon the renewal of the iqama (Gulf Business 6 July 2017; Ary News 4 July 2017).

3. Deportation and Detention

Article 12 of Saudi Arabia's Residence Regulations provides that "[a] foreigner, who is carrying an entry form or a travel permit, is not entitled to work with or without pay till he gets a residence permit" (Saudi Arabia 1952). Article 54 of the same regulations provides that "[a] foreigner who violates provisions of Article No. (12) shall be deprived of residence right and deported from the country" (Saudi Arabia 1952). Arab News reports in its 2013 article that "Saudi Arabia has exempted Palestinian and Burmese nationals who are found to be in violation of the new labor laws from deportation" (25 Nov. 2013). The Scientific Coordinator indicated that in 2013, Saudi newspapers reported that [translation] "de facto refugees (Palestinians, Rohingyas and those coming from war-torn countries (Syria), and probably people from Gaza) would not be deported in case or administrative irregularities"; however, the source noted that this was "only a declaration" and that she did not have information as to whether any Palestinians were or were not deported (26 Oct. 2017). Further information on the exemption of Palestinians from deportation could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Scientific Coordinator stated that the sponsor can [translation] "put an end to the foreigner's stay, have them deported" (26 Oct. 2017). The same source indicated that most Palestinians are holders of travel documents from third countries, and that these documents can sometimes be difficult to renew, and that Palestinians could therefore be deported back to these countries (Scientific Coordinator 26 Oct. 2017).

The senior researcher indicated that because Palestinians "are subject to the same residency rights" as other foreigners,

when their kafala [sponsorship] is no longer there, they face deportation (to wherever they may have links - one of the neighbouring countries to Palestine or West Bank/Gaza) - they are still at the mercy of the sponsorship system, despite however long they have been there. A lot who came originally in the 1940s and 1950s were naturalized, so have Saudi citizenship, but those that came after often have links to one of the other countries. (Senior Researcher 31 Oct. 2017)

The independent researcher indicated that Saudi Arabia's "ability to deport Palestinians … is limited by its ability to find somewhere to deport them to," noting that it is not possible for Saudi Arabia to deport Palestinians to Palestine, "as those borders are controlled by Israel, with whom Saudi Arabia does not have diplomatic relations" (27 Oct. 2017).

The information in the following paragraph comes from two separate pages of the website of Saudi Arabia's Ministry of Interior:

"Residence permits must be renewed 3 days before expiration date. First-time violators pay a fine equa[l] to the renewal charge. The fine is doubled in case of a second violation. If a resident violates the rule 3 times, deportation will be his punishment" (n.d.a). Penalties for "[o]verstaying" in Saudi Arabia "upon visa expiry" include "statutory penalties such as custody, fining and deporting" (n.d.b). The Ministry of Interior's list of "Iqama System Violations & Penalties" outlines various other offences that can be punished by deportation, including "[r]eturn of the deported alien to the Kingdom [Saudi Arabia] after [their] expulsion," including, in the first instance, a fine of 1,000 SAR [C$344] and re-deportation and, in the second instance, a fine of 2,000 SAR, five months imprisonment and re-deportation (n.d.b). In the event of a "[r]esident working for another employer or for his own account," the penalty is "[t]ermination of [their] Iqama and [they] shall be deported" (n.d.b). A "runaway expatriate from the employer who recruited him" will also face deportation (Saudi Arabia n.d.b).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] In correspondence with the Research Directorate, the Scientific Coordinator explained that the information she provided is based on [translation] "isolated interviews," on news media, and on work prepared by experts on migration (26 Oct. 2017).

[2] The Scientific Coordinator indicated that she was not sure about the maximum duration of residence permits (26 oct. 2017).

References

Arab News. 9 October 2015. "New 5-Year Expatriate ID From Oct. 15." [Accessed 25 Oct. 2017]

Arab News. 25 November 2013. Irfan Mohammed. "Palestinian Expatriatres Exempt from Labor Action." [Accessed 25 Oct. 2017]

Ary News. 4 July 2017. "Expats Must Pay Dependents Fees Before Iqama Renewal, Re-Entry Visa: Saudi Arabia." [Accessed 30 Oct. 2017]

The Conversation. N.d. "Who We Are." [Accessed 30 Oct. 2017]

Gulf Business. 6 July 2017. Aarti Nagraj. "Saudi's Expat Dependent Fee: Everything You Need to Know." [Accessed 30 Oct. 2017]

Gulf Labour Markets, Migration, and Population (GLMM) Programme. N.d. "About." [Accessed 10 Nov. 2017]

Independent Researcher. 27 October 2017. Correspondence with the Research Directorate.

Institute on Statelessness and Inclusion. N.d. "About Us." [Accessed 31 Oct. 2017]

Newland Chase. 17 September 2015. "Saudi Arabia: New Residence Permit Card Introduced." [Accessed 9 Nov. 2017]

Newland Chase. N.d. "Our Team." [Accessed 9 Nov. 2017]

Norman, Julie. 23 September 2015. "Saudi Arabia Doesn't 'Do' Refugees - It's Time to Change That." The Conversation Canada. [Accessed 30 Oct. 2017]

Saudi Arabia. 1952. The Residence Regulations No. 17/2/25/1337 of 1952. [Accessed 25 Oct. 2017]

Saudi Arabia. N.d.a. Ministry of Interior. "Residence Permit (Iqama)." [Accessed 25 Oct. 2017]

Saudi Arabia. N.d.b. Ministry of Interior. "Iqama System Violations & Penalties." [Accessed 27 Oct. 2017]

Scientific Coordinator, Gulf Labour Markets, Migration, and Population (GLMM) Programme. 26 October 2017. Correspondence with the Research Directorate.

Senior Researcher, Institute of Statelessness and Inclusion. 31 October 2017. Correspondence with the Research Directorate.

United Nations (UN). March 2013. High Commissioner for Refugees (UNHCR). Submission by the United Nations High Commissioner for Refugees for the Office of the High Commissioner for Human Rights' Compilation Report - Universal Periodic Review: The Kingdom of Saudi Arabia. [Accessed 30 Oct. 2017]

United States (US). 3 March 2017. Department of State. "Saudi Arabia." Country Reports on Human Rights Practices for 2016. [Accessed 31 Oct. 2017]

Additional Sources Consulted

Oral sources: BADIL Resource Center for Palestinian Residency & Refugee Rights; Center for Democracy and Human Rights in Saudi Arabia; Center for Palestine Studies, Columbia University; Centre for Palestine Studies, London Middle East Institute, SOAS University of London; European Saudi Organisation for Human Rights; Institute for Gulf Affairs; Institute for Palestine Studies; Law firms specializing in immigration in Saudi Arabia; Middle East Media Research Institute; Migration Policy Centre; Palestine – Embassy in Saudi Arabia; Palestinian Refugee and Diaspora Centre; Refugee Studies Centre, Department of International Development, University of Oxford; Researchers specializing in immigration issues in Saudi Arabia; Researchers specializing in the Palestinian diaspora.

Internet sites, including: Albilad English Daily; Al Jazeera; Al-Monitor; Amnesty International; The Arab Weekly; The Arabic Network for Human Rights Information; BADIL Resource Center for Palestinian Residency & Refugee Rights; BBC; The Brookings Institution; Center for Democracy and Human Rights in Saudi Arabia; ecoi.net; European Saudi Organisation for Human Rights; Freedom House; Haaretz; Human Rights Watch; Saudi Arabia – Ministry of Foreign Affairs, Royal Embassy of Saudi Arabia in Washington, DC; The Telegraph; UN – Human Rights Council, United Nations Relief and Works Agency for Palestine Refugees in the Near East.