Saudi Arabia: Requirements and procedure for renewing a residence permit from Canada, as well as the documents needed to return to Saudi Arabia

1. The Residence Permit

Sources indicate that foreign nationals must have a residence permit [iqama] to live and work in Saudi Arabia (AngloINFO n.d.c; Expat Focus n.d.). According to some sources, employers must sponsor their foreign employees when they apply for a residence permit in Saudi Arabia (US 19 Apr. 2013, 39; UK 25 Mar. 2013, 2; Human Rights Watch Jan. 2013, 2). In correspondence with the Research Directorate, a representative from the Embassy of Canada in Riyadh stated that sponsors must have the legal right to sponsor a foreign worker (Canada 28 Nov. 2013).

According to Human Rights Watch, the residence permits are linked to employers, and their written consent is required for a worker to change employment or leave the country (Jan. 2013, 2). AngloINFO, a network of information sites for Anglophone expatriates (AngloInfo n.d.e), also states that all foreigners working in Saudi Arabia on a temporary or long-term basis are the responsibility of their employers or their clients and they cannot change employment without their sponsor's permission (ibid. n.d.a). The Country Reports on Human Rights Practices for 2012, published by the US Department of State, also indicates that sponsored workers must usually obtain permission from their sponsor before changing employers; however, under specific circumstances, this requirement is waived (US 19 Apr. 2013, 39).

According to AngloINFO, the employer is also the sponsor for family members accompanying the employee who is working in Saudi Arabia (AngloINFO n.d.b). Family members of a foreign worker in Saudi Arabia would first receive a residence visa that is then converted into a residence permit after they arrive in the country (ibid. n.d.d). According to the representative from the Embassy of Canada, spouses of Saudi citizens can also obtain a temporary residence permit (Canada 28 Nov. 2013).

Sources indicate that the residence permit serves as an official identity document in Saudi Arabia and that permit holders should carry it with them at all times (AngloINFO n.d.d; Expat Focus n.d.a). The representative of the Embassy of Canada in Riyadh stated that "[i]n general, foreign nationals in Saudi Arabia do not have any guaranteed rights in terms of temporary residence, [i]rrespective of whether he/she has been in the country 30 years or 3 months" (Canada 28 Nov. 2013).

2. Procedure for Obtaining a Residence Permit

According to AngloINFO, foreign workers must obtain a work visa before they can obtain a residence permit (AngloINFO n.d.b). The work visa is converted into a residence permit after the worker arrives in Saudi Arabia (ibid.). The representative of the Embassy of Canada also stated that a visa is granted to allow travel to the country and that the actual permit is issued in Saudi Arabia (Canada 28 Nov. 2013).

Sources indicate that a work visa is issued only after employment has been obtained (ibid. n.d.c; Expat Focus n.d.). According to some sources, the employer usually takes care of their foreign worker's work visa application (AngloINFO n.d.d; Expat Focus n.d.). The employee must provide the essential documents and information (AngloINFO n.d.d). The website of the Embassy of the Kingdom of Saudi Arabia in Canada lists the requirements that must be met and the documents that must be provided; the list is attached to this Response (Saudi Arabia n.d.b).

The employer keeps the employee's passport when the residence permit is issued (UK 25 Mar. 2013; AngloINFO n.d.d; Expat Focus n.d.a). According to AngloINFO, the passport is only returned to the employee at the end of the contract or when an exit or re-entry visa is granted to permit them to leave the country (n.d.d).

According to Human Rights Watch, some Saudis pass themselves off as owners of non-existent businesses and illegally sponsor foreign workers, who are then employed by other businesses (Human Rights Watch 2 July 2013). Human Rights Watch states that several thousand foreign workers are illegally employed in this way and that they pay fees to their fake sponsors to obtain and renew their work permits (ibid.). The representative from the Embassy of Canada stated that a campaign was launched over the past year to regularize the workforce by updating residence permits and deporting people who do not have a sponsor or permit (Canada 28 Nov. 2013).

3. Renewing a Residence Permit

In correspondence with the Research Directorate, a representative from the Embassy of Canada and a lawyer working in Al Khobar, Saudi Arabia, stated that it was not possible to renew a residence permit from outside the country (Canada 28 Nov. 2013; Lawyer 27 Nov. 2013).

According to the website of the Ministry of Interior of Saudi Arabia, residence permits must be renewed three days before they expire (Saudi Arabia n.d.a). According to the representative from the Embassy of Canada, the permits may be renewed for one or two years (Canada 28 Nov. 2013).

The embassy representative and the lawyer both stated that, if the permit has expired, a new permit application must be completed (ibid.; Lawyer 27 Nov. 2013). However, sources indicate that a fine may be imposed if an application to renew a residence permit is not made prior to the expiration date (ibid.; AngloINFO n.d.d; Expat Focus n.d.a). According to the Saudi Ministry of Interior, first-time violators must pay a fine that is equivalent to the renewal fees; this fine is doubled for the second violation (Saudi Arabia n.d.a). The Ministry added that, on a third violation, the permit holder will be deported from the country (ibid.). Country Reports for 2012 also states that "[t]he government strongly encouraged persons without residency to leave, and it threatened or imposed deportation" (US 19 Apr. 2013, 22). According to the International Religious Freedom Report for 2012, published by the US, foreigners are "deported per usual practice when residency status is not renewed" (US 20 May 2013, 15).

4. Documents Required to Return to Saudi Arabia

Sources state that a residence permit holder needs an exit/re-entry visa to leave the country temporarily (Saudi Arabia n.d.a; Canada 28 Nov. 2013; AngloINFO n.d.c). The employer's permission is required to obtain such a visa (US 19 Apr. 2013, 21; AngloINFO n.d.c). A multiple exit/re-entry visa is also available (Expat Focus n.d.a; AngloINFO n.d.c). Employees must hand over their residence permit to their sponsor before leaving the country (Saudi Arabia n.d.a; AngloINFO n.d.c).

Sources indicate that a final exit visa is required to leave the country permanently (Saudi Arabia n.d.a; UK 25 Mar. 2013; AngloINFO n.d.c). According to the Ministry of Interior, to obtain this visa, applicants must present their residence permit along with a final exit visa request form to the passports authority (Saudi Arabia n.d.a). According to Expat Focus, the residence permit must be surrendered when a final exit visa is obtained (ibid. n.d.a).

5. Other Visas

All foreigners must obtain a visa before entering Saudi Arabia (ExpatFocus n.d.), with the exception of citizens of Bahrain, the United Arab Emirates, Oman, Kuwait and Quatar (AngloINFO n.d.b). According to Expat Focus, a limited number of visitor visas are issued and visitors must have a sponsor who will be responsible for them during their stay and who will complete the visa application on their behalf; however, a hotel can serve as sponsor for a visit of only a few days (ExpatFocus n.d.).

According to AngloINFO, in addition to the aforementioned visas, there are also business visas for business trips, family visit visas for family members who want to visit a foreign worker, temporary work visas to perform work for clients in Saudi Arabia for 30 or 90 days, seasonal employment visas to work during Hajj season-the Muslims' annual pilgrimage to Mecca-and group employment visas to allow a Saudi employer to process multiple visas at the same time (AngloINFO n.d.c). There are also special visas for pilgrimages (ibid.).

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.

References

AngloINFO. N.d.a. "Work Permits in Saudi Arabia." [Accessed 22 Nov. 2013]

_____. N.d.b. "Residency in Saudi Arabia." [Accessed 22 Nov. 2013]

_____. N.d.c. "Entry Visas in Saudi Arabia." [Accessed 22 Nov. 2013]

_____. N.d.d. "Residence Permits for Employees in Saudi Arabia." [Accessed 26 Nov. 2013]

_____. N.d.e. "What is AngloINFO?" [Accessed 26 Nov. 2013]

Canada. 28 November 2013. Embassy of Canada in Saudi Arabia in Riyadh. Correspondence sent to the Research Directorate by a representative.

Expat Focus. N.d.a. "Saudi Arabia - Visas, Residency, Immigration & Documentation." [Accessed 22 Nov. 2013]

_____. N.d.b. "About Expat Focus." [Accessed 22 Nov. 2013]

Human Rights Watch. January 2013. "Saudi Arabia." World Report 2013. [Accessed 26 Nov. 2013]

_____. 2 July 2013. "Saudi Arabia: Protect Migrant Workers' Rights." [Accessed 28 Nov. 2013]

Lawyer. 27 November 2013. Correspondence with the Research Directorate.

Saudi Arabia. N.d.a. Ministry of Interior. "Residence Permit (Iqama)." [Accessed 22 Nov. 2013]

United Kingdom (UK). 25 Mar. 2013. "Living in Saudi Arabia." [Accessed 22 Nov. 2013]

United States (US). 20 May 2013. "Saudi Arabia." International Religious Freedom Report for 2012. [Accessed 26 Nov. 2013]

_____. 19 April 2013. "Saudi Arabia." Country Reports on Human Rights Practices for 2012. [Accessed 26 Nov. 2013]

Additional Sources Consulted

Oral sources: Attempts to contact the embassies of the Kingdom of Saudi Arabia in Ottawa, Paris and Washington, DC, were unsuccessful.

Internet sites, including: Ahlul Bayt News Agency; Amnesty International; Aufait Maroc; ecoi.net; Enquêteplus; Euronews; France - Embassy of France in Saudi Arabia; France24; Freedom House; Khabar; Saudi Arabia - Ministry of Foreign Affairs, Ministry of Interior, National e-Government Portal; United Nations - Refworld; United States - Reciprocity Schedule.

Attachment

Saudi Arabia. N.d.b. "Work Visa." [Accessed 27 Nov. 2013]