Immigration Law_news

The Ministry of Health unifies the requirements for entry into the country for people coming from the United Kingdom, South Africa, India or South America.

The Ministry of Health (hereinafter “MINSA” for its acronym in Spanish) through Executive Decree No. 589 of April 29, 2021 (hereinafter the “Decree”), unifies in a single text the regulations for the entry to Panama for people coming from the United Kingdom, the Republic of South Africa, India or South America as follow:

  • As of 12:01 a.m. on Monday, May 3, 2021, any person coming from, who has stayed or transited through the United Kingdom, the Republic of South Africa, India or South America, during the last 15 days, must bring a negative PCR or Antigen test, no later than 48 hours prior to arrival.
  • In addition, upon arrival, a COVID-19 Molecular test must be performed at the cost of the traveler. Depending on the result the following measures must be comply.
    • If the test result is negative, the person must complete a 3-day isolation. After this time, the person must retake the PCR or Antigen test. If in this second test the result is (i) negative, the isolation will be concluded and (ii) positive, the person must take a PCR-RT test and typing/analysis test by ICGES and comply a 14-day isolation in a COVID-19 hospital hotel for travelers.
    • If the result is positive, the person must complete a 14-day isolation in a COVID-19 hospital hotel for travelers.
  • The travelers can do their 3-day isolation in (i) their home, if they are nationals or residents in Panama, (ii) a hotel for non- COVID-19 travelers, at the cost of the Government, or (iii) other hotels authorized by the health authority, at the traveler’s expense. To opt to this last option the person must present his reservation in the authorized hotel, prior to boarding.
  • In case of travelers coming from, who have stayed or transited through the United Kingdom, the Republic of South Africa, India or South America, during the last 15 days and turn out to be contacts of confirmed cases of COVID-19 within the transport used to arrive in Panama, the following proceed must be follow:
    • If the person is in Panama, a self-isolation for 3 days must be complied with a follow-up by telephone.
    • If the person is no longer in Panama, the National Focal Point, of the country of destination, must be notified.
  • The health authority reserves the right to carry out the Molecular test at random, to any travelers who entry to Panama, which will be at the traveler’s expenses.
  • This Decree will become effect at May 3, 2021.

Comments.

  • Previously, people coming from the United Kingdom and South Africa, had to do an isolation in a hospital hotel, regardless of the results of the COVID-19 test that was taken in the airport. Now, the test results are taking into consideration to establish the time and place of the isolation.
  • Previously, if the people coming from the United Kingdom and South Africa, had stayed or transited in the last 20 days through any of these countries, they had to follow the quarantine measures. Now, the time has been reduced to 15 days prior to the arrival.
  • This Decree has included India within the countries, whose passengers coming from there, must follow the quarantine measures to entry to Panama.
  • These measures apply to nationals, residents and tourists coming from, who have stayed or transited through the United Kingdom, the Republic of South Africa, India or South America, regardless of the result of the PCR or Antigen test that was taken in their country.
  • This Decree derogates the Executive Decree No. 260 of March 29, 2021, Executive Decree No. 486 of April 16, 2021 and Resolution No. 1390 of December 21, 2020.
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The Ministry of Health establishes new requirements for entry into the country for persons coming from South America due to New Strain of COVID-19.

The Ministry of Health (MINSA), through Executive Decree No. 486 of April 16, 2021 (hereinafter the “Decree”), modifies the measures established in Articles 1, 2 and 3 of Executive Decree No. 260 of March 29, 2021, which establishes measures for the entry into Panama of all persons coming from, who have stayed in or transited through any country in South America, as follows:

      • As of 12:01 a.m. on Monday, April 19, 2021, any person coming from, who has stayed or transited through any South American country during the last fifteen (15) days, must bring a negative PCR or antigen test no later than 48 hours prior to arrival.
      • In addition, upon arrival, a COVID-19 Molecular Test must be performed, at the cost of the traveler, in order to register for immigration. The cost of this test is USD$85.00.
        • If the result is negative, a 3-day isolation at home or in a Covid-19 travelers’ hospital is required. On the third day, the antigen swab test must be repeated, and if the result is negative, the isolation ends. The cost of this test will be covered by the health authority.
        • If the result is positive, PCR-RT test and typing test +ICGES analysis should be performed. In addition, the traveler must comply with a 14-day quarantine in a Covid-19 travelers’ hospital. The cost of this test will be covered by the health authority.
      • As of May 3, 2021, the mandatory 3-day isolation may be carried out in other hotels, duly authorized by the health authority, at the traveler’s expense.
      • This Decree will become effective on April 19, 2021, with the exception of article 4 of this Decree, which will become effective on May 3, 2021.

Comments:

      • These new measures apply to nationals, residents and tourists coming from, having stayed or transited through any South American country during the last fifteen (15) days, regardless of the result of the PCR or antigen test.
      • With these new measures, even when bringing a negative test, any person with characteristics the already indicated is obliged to take a second test at the Airport, in order to enter our country.
      • Likewise, the Decree establishes mandatory isolation for all persons coming from, having stayed in or transited through any South American country, regardless of the result of the PCR or antigen test.
      • Failure to comply with the provisions of this Decree will be sanctioned in accordance with Executive Decree No. 961 of August 18, 2020, as amended by Executive Decree No. 61 of January 8, 2021.
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The Ministry of Health establishes measures for entry into the national territory for people coming from South America due to New Strain of COVID-19.

The Ministry of Health (MINSA), through Executive Decree No. 260 of March 29, 2021 (hereinafter the “Decree”), and due to the new strain of P1 Sars Cov-2 (COVID-19) has informed certain measures applicable to all persons coming from, who have stayed in or transited through any country in South America, as follows:

  • As of 12:01 a.m. on Wednesday, March 31, 2021, all persons coming from, staying in or transiting through any South American country must bring a negative PCR or antigen test no later than 48 hours prior to arrival.
  • In addition, they must undergo, at their own cost, a PCR or Antigen Test upon entry into the country.
    • If the result is negative, the traveler must be isolated at home for 5 days or in a Covid-19 travelers’ hospital. On the fifth day, the antigen swab test must be repeated, and if the result is negative, the isolation ends.
    • If the result is positive, PCR-RT test and typing test +ICGES analysis should be performed. In addition, the traveler must comply with a 14-day quarantine in a Covid-19 travelers’ hospital.
  • This Decree will become effective on March 29, 2021.

Comments:

  • This Decree applies to nationals, residents and tourists who come from, have stayed, or transited through any South American country, regardless of the result of the PCR or antigen test.
  • The current Executive Decree No. 61 of January 8, 2021 establishes the requirement to file a negative result to enter the country or to take a PCR or antigen test at the Tocumen Airport. With this Decree, even when bringing a negative test, any person with characteristics the already indicated is obliged to take a second test at the Airport, in order to enter our country.
  • Likewise, the Decree establishes mandatory isolation for all persons coming from, having stayed in or transited through any South American country, regardless of the result of the PCR or antigen test.
  • The use of masks and compliance with all biosecurity measures established by MINSA is mandatory for all persons entering the country, whether by air, land or sea, using commercial or private means.
  • The Civil Aviation Authority, the National Immigration Office, the Panama Maritime Authority and the Public Force can adopt any measures that they consider necessary to comply with these measures.
  • Failure to comply with the provisions of this Decree will be sanctioned in accordance with Executive Decree No. 961 of August 18, 2020, as amended by Executive Decree No. 61 of January 8, 2021.
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Immigration and labor immigration regime for companies with EMMA license

Executive Decree No. 33 of February 4th, 2021 (hereinafter, the “Decree”), published in the electronic Official Gazette on February 5th, 2021, regulates Law 159 of August 31, 2020 (hereinafter, the “Law”), which created the Special Regime for the Establishment and Operation of Multinational Companies for the Provision of Services Related to Manufacturing (EMMA).

In relation to the immigration and labor immigration regime, the Law and the Decree establish the following:

I. EMMA Immigration Regime:

1. EMMA Temporary Personnel Visa:

  • This visa may be requested for foreign workers who provide operational or training services to the company. The visa will be granted for a term of up to two (2) extendable years and will also apply to the worker’s dependents.
  • Once the resolution approving the temporary visa is issued, the Ministry of Labor and Labor Development (MITRADEL) will grant the corresponding work permit, without requesting any other additional procedure.

2. EMMA Permanent Personnel Visa:

  • This visa may be requested for foreign workers who work as permanent personnel.
  • The visa will be granted for a maximum term of five (5) years, extendable for the same term and will apply to the dependents of the foreign worker.

3. Permanent Residence:

  • The foreign worker who has worked for one or more companies with an EMMA license, may opt for a permanent residence permit, once the term of five (5) years from the approval of the temporary or permanent personnel visas has elapsed.
  • When opting for permanent residence, the foreign worker may find himself working for any company with an EMMA license, or have definitively terminated his employment relationship with it.

Comments:

  • The Decree establishes the requirements for EMMA’s temporary and permanent personnel visas, as well as for the permanent residence processes.
  • It is provided that applications for temporary and permanent personnel visas may be submitted before the applicants’ arrival to the country. Once they enter the national territory, they will have a term of forty-five calendar days to carry out the corresponding registration and give continuity to the process.
  • The possibility that both temporary and permanent personnel may request Permanent Residence after five (5) years from the approval of the respective visas is established.

II. Work Permits for Dependents of EMMA and SEM:

  • Dependents under the temporary or permanent personnel visas of EMMA, as well as under the permanent personnel visas of the Multinational Companies Headquarters (SEM) regime, may request work permits before MITRADEL, through the Single Window of the National Investment Directorate of the Ministry of Commerce and Industries (MICI), once the corresponding dependent visa has been approved.
  • Dependents will be able to apply for work permits within some of the categories already existing in the country and subject to the payment of income taxes, contributions to Social Security and Educational Tax.
  • For the applications of these work permits and their extensions, the requirements established in the current regulations regarding work permits must be provided.

Comments:

  • It is established that the dependents of EMMA and SEM will be able to apply to the categories of work permits already existing in the labor immigration legislation, once their visas have been approved. Previously, they could not apply for work permits with the immigration status of dependents.
  • MITRADEL and the National Migration Service (SNM) will exchange the information that had been provided for the processing of the respective dependent visa, by the EMMA and SEM companies.
  • The institutions involved in these processes will be governed by the principle of administrative efficiency and transparency, in order to quickly and efficiently process work permit applications.
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Panamá crea la subcategoría de Residente Permanente en calidad de Inversionista Calificado

28 de octubre de 2020

Mediante el Decreto Ejecutivo No. 722 de 15 de octubre de 2020, el Ministerio de Seguridad Pública de la República de Panamá creó dentro de la categoría de residente permanente por razones económicas, la subcategoría de Residente Permanente en calidad de Inversionista Calificado.

Esta nueva subcategoría entró en vigor a partir del 16 de octubre de 2020.

Opciones y requisitos

Con este nuevo decreto, se otorga residencia permanente en una sola etapa a aquellos extranjeros que inviertan un monto mínimo de $500,000.00 proveniente de fuente extranjera, a título personal o a través de una persona jurídica.

Para solicitar el Permiso de Residencia Permanente en calidad de Inversionista Calificado, existen cuatro opciones:

  1. Por razón de Inversión Inmobiliaria:
    1. Inversión mínima de $500,000.00 libre de gravámenes.
    2. Además de los requisitos estipulados en este Decreto Ejecutivo, se debe aportar la Certificación del Valor del Bien Inmueble emitida por la Autoridad Nacional de Titulación de Tierras.
  1. Por razón de Inversión Inmobiliaria mediante un contrato promesa de compraventa:
    1. Inversión mínima de $500,000.00.
    2. Se debe realizar por medio de un depósito de fideicomiso manejado por un banco o empresa fiduciaria del país.
    3. Además de los requisitos estipulados en este Decreto Ejecutivo, se debe aportar: (i) copia autenticada del contrato de compraventa, debidamente inscrito en el Registro Público de Panamá y, (ii) copia autenticada o el original del contrato de fideicomiso.
  1. Por razón de inversiones realizadas a través de una Casa de Valores con licencia aprobada por la Superintendencia del Mercado de Valores de Panamá:
    1. Inversión mínima de $500,000.00.
    2. Esta inversión debe ser en títulos valores de emisores, cuyos negocios incidan en el territorio nacional, a través de la Bolsa de Valores de Panamá.
    3. Además de los requisitos estipulados en este Decreto Ejecutivo, se debe aportar: (i) certificación emitida por la Casa de Valores, (ii) copia autenticada de la resolución mediante la cual se le concede la licencia a la casa de valores y, (iii) certificación emitida por la Superintendencia del Mercado de Valores de Panamá.
  1. Por razón de Inversión en Depósito a Plazo Fijo en el Sector Bancario:
    1. Inversión mínima de $750,000.00, libre de gravámenes.
    2. Además de los requisitos estipulados en este Decreto Ejecutivo, se debe aportar: (i) copia autenticada por el banco emisor del certificado de depósito a plazo fijo, indicando su titular, el valor y el plazo del documento y, (ii) certificación del banco que haga constar la existencia del depósito, su titular, el valor, el plazo, que el mismo se encuentre libre de gravámenes y que los fondos provienen del extranjero.

Para mantener la Residencia Permanente en calidad de Inversionista Calificado, es necesario que la inversión se mantenga por un periodo mínimo de cinco (5) años. Si la inversión cesara o deja de existir antes del cumplimiento de este término, dará lugar a la cancelación oficiosa de la residencia permanente.

Las solicitudes bajo esta nueva categoría migratoria se recibirán a través de la Ventanilla Única de Inversiones del Ministerio de Comercio e Industrias; y deberán ser resueltas en un periodo no mayor de treinta (30) días hábiles, contados a partir del momento de la recepción de la solicitud.

Se permite que, a través de apoderado especial, las solicitudes sean presentadas previo al ingreso al territorio nacional del solicitante y sus dependientes.

Durante los primeros 24 meses posteriores a la entrada en vigencia del presente Decreto Ejecutivo, la inversión por razones de inversión inmobiliaria, de forma directa o por medio de contratos de promesa de compraventa, podrá ser por la suma de $300,000.00 en la compra de un bien inmueble en Panamá, libre de gravámenes.

Podrán solicitar el cambio de estatus migratorio, aquellos extranjeros que, a la entrada en vigencia de este decreto, mantengan en trámite o hayan iniciado solicitudes de Permiso Provisional de Permanencia en calidad de Solvencia Económica Propia por Inversión en Bienes Inmuebles, en el año 2020.

Para más información en estos temas, por favor contactar a nuestro equipo de Derecho Migratorio al correo electrónico [email protected].

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New requirements to request rehabilitation of Permanent Residence Permits in Panama

Resolution No. 17405 of August 29th, 2019. 

As of September 4TH, 2019, The National Immigration Authority (hereinafter “SNM” for its acronym in Spanish) established new requirements to request Rehabilitation of Permanent Residence Permits (hereinafter “Rehabilitation”) for foreigners, who have remained outside of Panama for more than two (2) years and up to six (6) years.

Comments:

  • Foreigners to whom SNM has canceled their permanent residence permit for been absent of Panama for more than two (2) years and up to six (6) years, can request the restitution of their permanent residence permit through the Rehabilitation process, with simplified requirements.
  • Previously, to request Rehabilitation, the foreigner had to submit (i) all the requirements of the immigration category previously approved, duly updated; and (ii) an affidavit given before Public Notary stating the reason why the person was absent from Panama.
  • Resolution No. 17405 of August 29th, 2019 provides that Rehabilitation can be requested with the following documents:
    1. Copy of the permanent residence permit resolution or copy of the permanent resident card issued by SNM.
    2. Copy of the passport’s data page and registration stamp.
    3. Copy of the permanent resident card issued by the Electoral Tribunal duly authenticated.
    4. Affidavit given before Public Notary, stating the reasons why the person was absent from Panama.
    5. Power of attorney.
  • The following time limit are established (i) thirty (30) business days to request Rehabilitation, which will be counted from the date of entry to Panama; and (ii) up to six (6) years of absent from Panama. After these terms Rehabilitation cannot be requested.
  • Exceptions: Rehabilitation cannot be requested for foreigners, who have obtained (i) a permanent residence permit by Panama-Italy Treaty; or (ii) a temporary resident permit by “Crisol de Raza” and Extraordinary Regularization Process.
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New immigration changes: SEM, Special Regularization Process and Aviation

Executive Decree No. 238 of June 10, 2019

REQUIREMENTS TO APPLY FOR PERMANENT RESIDENCY FOR EXECUTIVES OF MULTINATIONAL HEADQUARTERS OFFICES (“SEM” for its acronym in Spanish).

As of June 11th, 2019, the requirements to apply for the Permanent Resident Permit for Executives of SEM companies who i) continue working at a SEM company, and ii) no longer work for a SEM company.

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Executive Decree No. 249 of June 10, 2019

PROCEDURE AND REQUIREMENTS TO APPLY FOR PERMANENT RESIDENCY FOR FOREIGNERS WHO HAVE OBTAINED RENEWAL OF THEIR PROVISIONAL RESIDENCE PERMITS OF 10 YEARS AND 6 YEARS ARE ESTABLISHED.

As of June 13th 2019, the date on which this Executive Decree became effective, the procedure and requirements for applying to the Permanent Residency for foreigners who have obtained their 10 or 6-year Provisional Residence Permits are established.

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Executive Decree No. 237 of June 10, 2019

EXECUTIVE DECREE NO. 182 OF MAY 28th 2019, THROUGH WHICH THE TEMPORARY RESIDENCE PERMIT AS EMPLOYEE OF AVIATION COMPANIES WAS CREATED, IS MODIFIED.

As of June 11th 2019, the current Executive Decree for the Subcategory of Temporary Resident as Employee of Aviation Companies located in the Republic of Panama, is modified.

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CHANGES IN THE RULES TO GRANT RESIDENCE AND WORK PERMITS

As of May 28th, 2019, five (5) Executive Decrees were enacted to modify rules related to the granting of residence and work permits.  The main changes are the following:

NATIONAL IMMIGRATION AUTHORITY.

  • Stay Visa for citizens of the United States of America:

A new category of Stay Visa is created for citizens of the United States of America, for reasons of studies, investment, temporary or technical work, or labor transfer. It will be granted for a term of one (1) year, extendable annually up to five (5) more times.

Executive Decree No. 181 of May 28, 2019

  • Temporary Resident as Employee of Aviation Companies:

The category of Temporary Resident is modified for Employees of Aviation Companies based in the Republic of Panama, who will be granted a residence permit for two (2) years, extendable for the same term, until completing a total period of six (6) years.

Executive Decree No. 182 of May 28, 2019

MINISTRY OF LABOR

  • Work Permit for Permanent Residents:

A new category of work permit is created for permanent residents, which will be granted for a term of three (3) years, extendable for the same term.

Executive Decree No. 21 of May 28, 2019

  • Work Permit for Foreigners married to a national:

It will be now granted for two (2) years the first time and the extension for three (3) years each time. Previously, it was granted for a term of one (1) year, extendable for one (1) year each time.

Executive Decree No. 20 of May 28, 2019

  • Work Permit for Foreigners, within ten percent of the ordinary personnel:

It will now be granted for a term of two (2) years, extendable for the same time. Previously it was granted for a term of one (1) year, extendable for one (1) year each time.

Executive Decree No. 20 of May 28, 2019

  • Work Permit for Expert or Technicians, within fifteen percent of the specialized personnel:

It will now be granted for a term of two (2) years, extendable for the same time. Previously, it was granted for a term of one (1) year, extendable for one (1) year each time until completing five years.

Executive Decree No. 20 of May 28, 2019

  • Work Permit Marrakech Agreement:

The minimum number of workers that a company must have of less than ten (10) workers is established. The company must have a minimum of three (3) Panamanian workers and may only have as a foreigner the worker applying for the work permit.

Executive Decree No. 20 of May 28, 2019

  • Work Permit for Professional Foreigner:

It will now be granted the term of two (2) years, the first time, and the extensions for three (3) years each time. You can apply for this work permit with a temporary ID card; that is, even by not having the resolution of approval of residence permit.

Decree No. 22 of May 28, 2019

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Immigration Alert

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The National Immigration Authority communicates new regulations for the immigration processes of Venezuelans in Panama

By means of Executive Decree No. 123 of March 26th, 2019, the nationals from Venezuela who currently live in Panama and hold an expired passport will be able to use this passport to file their immigration processes, provided they have an extension stamp issued by the Consulate of Venezuela.

Comments:

  • This Executive Decree only applies to nationals from Venezuela.
  • The Venezuelans in Panama will be able to file their immigration processes, provided they have an extension stamp in their passports, issued by the Consulate of Venezuela.
  • The Immigration Authority will accept the expired passports with the extension stamp up to 2 years after the original expiration date of the passports.
  • This Executive Decree is effective as of March 27, 2019 for 6 months.
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