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New US Travel Restrictions

UK immigration

Travelling to the US on business or for personal reasons? Air passengers, traveling to the US, on overseas airlines from 10 listed airports in 8 Muslim-majority countries, will find themselves subject to new US travel restrictions issued today, and due to be enforced within days.

Such passengers will no longer be allowed to carry devices larger than a mobile phone in their hand luggage, for security reasons. This applies to items such as laptops, iPads and other tablets, cameras and gaming devices, unless it can be proven that the device is required for medical reasons.

The airports affected are: Queen Alia International in Amman, Jordan; Cairo International in Egypt; Ataturk in Istanbul, Turkey; King Abdulaziz International in Jeddah, Saudi Arabia; King Khalid International in Riyadh, Saudi Arabia; Kuwait International; Mohammed V International in Casablanca, Morocco; Hamad International in Doha, Qatar; and the Dubai and Abu Dhabi airports in the United Arab Emirates.

The US travel restrictions will not apply to US carriers entering the US from the airports listed, although it appears that US carriers do not do so in any case. However, confusion may arise about overseas airlines traveling into the US from any Muslim majority country.

Airlines were given notification of the new US travel restrictions and are aware of their responsibilities for policing the measures. In fact, airlines have already been updating their websites and informing passengers of this. The consequences to airlines who fail to police the US travel restrictions properly is likely to be inability to operate in the US.

Sources in Germany have indicated that such restrictions will not be introduced, though the UK may implement additional airport security measures and an announcement is expected soon.

If you are due to travel to the US soon but have concerns, contact the airline responsible for your flight for advice.

Information can also be found on the Department of Homeland Security’  TSA’s website.

 

 

Written by Carla Thomas – Managing Director at Thomas Chase immigration.

Thomas Chase Immigration provide immigration solutions to businesses, individuals and families by looking at the bigger picture to get the right outcome.

Call to Action: Contact me for a consultation or assistance with an immigration matter. Or read more of our blogs.

You may also like: The US Travel and what we know so far.

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US Travel Ban: What we know so far

US Travel Ban

The United States (US) has introduced a US travel ban for people from a number of Muslim-majority countries. Here is a quick on what the ban means and its implications.

In summary, the executive order, signed by President Trump on Friday 27 January:

  • Halts travel from seven Muslim-majority countries for a period of 90 days. They are:
    • Iran
    • Iraq
    • Libya
    • Somalia
    • Sudan
    • Syria
    • Yemen
  • Prevents dual nationals from travelling to the US for 90 days if they hold nationality from one of the above countries
  • Grant priority to Individuals of religious minorities if they are from the countries listed
  • Allows for the executive order to be extended to other countries or beyond 90 days, if necessary

Implications

Nationals of any of the seven countries listed will be prevented from entering the US. This extends previous security restrictions which had excluded those nationals from entering the US without a valid visa.

The executive order applies to individuals with permanent residence status in the US and who may be seeking re-entry after a holiday abroad. It will include nationals that have legitimately and successfully secured a spouse or work visa overseas and are due to travel to the US.

The US administration confirmed that dual nationals are included so that a dual British Sudanese national seeking entry to the US for business, after the executive order was signed, may find themselves detained at the US airport and eventually returned to the UK.

Update: The UK Foreign Office later confirmed on 29 January, that nationals from the listed countries with dual British nationality, will be exempt from the travel ban. Instead, dual British nationals may be subject to further vetting and questioning. We hope this clarification has been disseminated to immigration officials at the US border.

Caps to the number of refugees admitted into the US under the US refugee programme for the 2017 fiscal year have also been implemented. The number has been capped from 110,000 to 50,000 with refugees from Syria being prevented from entering the US indefinitely.  However, the US administration confirmed that the travel ban will not apply to refugees or those seeking refugee status from the above countries.

For businesses, employees from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen will be barred from returning to their place of work in the US or from entering the US in order to represent their company.

As a result, individuals arriving into US airports individuals arriving into US airports, with valid visas, will be detained at the airport and removed, merely because of their nationality.

Concerns

The travel ban has elicited uproar and condemnation from political figures around the world, including, UK opposition leaders, the Mayor of London Sadiq Khan and Canada’s Prime Minister Justin Trudeau. And it has of course, caused significant distress and anguish to individuals and families trying to come to terms with the direct and wider implications of the ban.

Of great concern is the speed and wide ranging nature of the US travel ban.  As a former civil servant in the Home Office of ten years, I myself have experience of numerous amendments and changes to immigration laws, rules and policies. In all cases, the Secretary of State at the time introduced transitional arrangements, allowing immigrations consultants and lawyers time to digest the legal and wider implications of the announcements. This has not been the case here, a point supported by UK immigration lawyer, Harjap Singh Bhangal on Sky News on 29 January. Bhangal stated that governments ‘…can’t just change immigration policy overnight and expect it to be implemented’ again highlighting the lack of transitional period or consideration.

Indeed, the immediacy of the travel ban, and inability of immigration professional to consider and properly advise individuals affected has already drawn one Federal Judge into the mix.

Judge Ann Donnelly of the US District Court in Brooklyn granted a request from the American Civil Liberties Union to partially stop the removals of individuals after determining that the risk of injury to those detained by being returned to their home countries necessitated the decision.

This was followed by US District Judge Leonie Brinkema who issued a temporary restraining order, valid for seven days, against the removal of any green-card holders being detained at Dulles International Airport. For more, see the Chicago Tribune.

Despite the Federal Court rulings, the Department of Homeland Security have confirmed that the travel ban remains in place.

As a result, a number of immigration advisers have made themselves available, for free, at several airports to provide advice and guidance to those affected.

Guidance

The application of the travel ban on Muslim-majority countries remains confused. Several Republicans party members have also expressed unease with the measures, despite the president’s proclamations to the contrary. And it is not clear if the ban will stay in place for 90 days, be extended to other countries or lengthened.

For the time being, the situation is uncertain. If you are travelling to the US and have concerns about the travel ban, you should:

  • Seek advice and clearance from the US embassy prior to travel, to avoid adverse consequences at the US border. Dual British nationals should be aware of the clarification issued by the UK Foreign Office
  • Ensure that you have prior authorisation to enter the US using a British passport, either through a visa, a Permanent Resident Card, or the Visa Waiver Programme and seek further clearance from the US embassy
  • Ensure that you are familiar with US entry requirements
  • Contact the airline responsible for your flight to ensure that you will be able to board
  • Seek immigration advice or guidance prior to your travel if you remain concerned. See also the UK Foreign Office website  for additional guidance. Upon travel, ensure that you have documents confirming your reasons for travel to the US. On arrival to the US, seek expert US immigration support if you concerned about your circumstances.

 

Written by Carla Thomas – Managing Director at Thomas Chase immigration. We offer immigration solutions to businesses, individuals and families by looking at the bigger picture to get the right solution.

Call to Action: Contact me for a consultation or assistance with an immigration matter. Or read more of our blogs.

You may also like: New U.S Travel Restrictions.

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Avoid getting caught out by Canada’s strict new travel requirements

Canada strict travel requirements

If you are planning on travelling to Canada on business, you need to avoid getting caught out by Canada’s new mandatory requirements.

Visa-exempt nationals will require an Electronic Travel Authorisation (eTA) to travel to or transit though Canada. That includes British nationals flying to Canada on business. It also includes, business travellers to the US who visit Canada, by air, as part of their trip. An eTA is not required if entering Canada by sea or road.

An eTA allows the Canada authorities to screen travellers before they arrive at the Canadian border. For those familiar with the United States’ Visa Waiver Programme, ESTA, the eTA largely mirrors it. Similar to ESTA, applicants complete an online form with their personal details, pay a nominal fee (currently $7 CAD) and wait a few minutes for a decision. Click here to apply for an eTA 

Unlike ESTA, an eTA is valid for 5 years rather than 2 years. Normally, travellers are allowed to stay in Canada for up to six months, though the Canadian authorities at the border will authorize the period stay in Canada and relay this by way of the stamp in the passport.

Leniency Period

At present, a leniency period exists, aimed at facilitating travel of visa-exempt nationals whilst the authorities addressed some of the technical issues experienced by travellers in the past. Canadian border officials may, as a result, allow you to enter Canada without an eTA, subject to meeting other immigration requirements. That means, you can board your flight without an eTA and enter Canada as long as you have appropriate documents such as a valid passport.

Where an application for an eTA has been submitted, but no decision reached or communicated by the Canadian authorities, it is still possible to travel to and enter Canada during the leniency period.

However, if you have already applied for an eTA and been refused, you will not be able to enter Canada merely because the leniency period is in place.

Should you decide to travel to Canada with a refused eTA you may experience delays or be prevented from entering the country. It’s worth highlighting that refusals of entry into a country are required to be reported on future applications for an eTA, ESTA or visa.

Leniency Period come to an end on 29 September 2016

Crucially, the leniency period ends on 29 September 2016. From 29 September, British travellers and other visa-exempt nationals must be in possession of an eTA in order to enter Canada.

The Canadian authorities may experience some additional teething problems and disruption as visa-exempt nationals apply for their compulsory eTAs from this date, and I’ll certainly be watching and reporting on how things develop. For instance, during the early implementation of eTA it was not unusual to come across reports of decisions taking days, rather than minutes to be reached or of individuals with no adverse immigration history having their initial eTA refused.

It’s sensible, therefore, to apply for an eTA well in advance of your planned travel so as to allow time to address any issues or to submit any additional requested documentation. Without an eTA, you cannot even board the airplane to travel to Canada.

Should the eTA be refused, you are encouraged to address the reasons for the refusal or correct any mistakes make by way of a new application for an eTA.

Where ‘grounds for inadmissibility’ exist, such as prior criminal convictions, a serious medical condition, past immigration refusals, or other potential security concerns, it is advisable to apply for a Temporary Resident Permit and seek advice in order to enter Canada.