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What recruiters need to watch out for in applicants

Dubai - Sponsoring foreign national employees is often not as straightforward as it may seem.

As 2018 draws to a close, we're seeing several economic parameters hinting at an uptick in employment. Based on recent reports, the introduction of VAT, stabilising business conditions and increasing market optimism have resulted in over half of employers stating that they are looking to hire in the coming months.

As a recruiter, it's important to find the right candidate with the appropriate experience and relevant skill-set. However, now companies also need people to be deployed quickly and, with over 89 per cent of the country's population consisting of expatriates, the immigration component is key. But what does a recruiter, working for a client that values lead times, need to know about immigration policies in the UAE? The answer lies in aligning the applicant's immigration profile to that of the proposed role and, most importantly, to ask the right questions.

The UAE is home to over 50 free zones. These zones facilitate foreign investment and don't fall under the direct purview of the Ministry of Human Resources and Emiratisation. Although each of the zones follow the basic guidelines of the Labour Law, the immigration process is primarily overseen by each corresponding Government Services Office as well as the General Directorate of Residency and Foreigners' Affairs. This means that immigration policies and procedures tend to vary by jurisdiction. As a recruiter, it's important to establish where the prospective candidate's current sponsor, as well as client, is based as this can have a direct impact on on-boarding times.

Sponsoring foreign national employees is often not as straightforward as it may seem as there are several layers of approvals required in advance of initiating the process. This includes ensuring that the relevant "quotas" are in place as well as that all corporate documentation is valid and up-to-date.

The type of role being filled also impacts immigration. For example, some regional management or leadership roles often require travel across the region at a moment's notice. Also, certain job titles allow for the individual to obtain a visa-on-arrival, while others will require advanced visa applications. In addition, many jurisdictions within the UAE are subject to the UAE Central Bank's Wage Protection System, which means local payroll needs to be implemented. This is something which may need to be considered if the applicant is being recruited for a different country or location.

The success of a residence permit application, and ultimately the success of a potential candidate's job application, is based on a number of factors which a recruiter may not always have the opportunity, or the visibility, to look into. Unfortunately, this can mean that a good candidate may not always be the 'right' candidate. However, the following guidelines can help recruiters determine an applicant's immigration profile at a very high level to minimise the chances of applications getting stuck, or worse, rejected:

Labour bans
The UAE Labour Law lays down specific considerations for the imposition of a labour ban which, in the context of recruitment, is usually issued if the applicant did not spend enough time at his/her previous job. However, they may also be issued due to a breach of contract or other employee-related responsibilities.

Age requirement
Expats between the ages of 60 and 65 often go through increased scrutiny when obtaining their work and residence permits. Companies recruiting expats above the age of 65 years are often required to demonstrate a strong business need to support the request and application success is discretionary.

Health restrictions
The UAE work authorisation process requires applicants to complete a blood-test and chest X-Ray. Although the authorities do not formally disclose an exhaustive list of medical conditions they check for, communicable conditions such as HIV and tuberculosis can put a hold to the process. Applicants who have recovered from prior illnesses but are still showing symptoms can be asked to go through multiple examinations. Although asking about an applicant's medical history isn't the first thought that goes through a recruiter's mind, having a high-level understanding can afford better expectation management.

Documentation
There are several documents required as part of the immigration process. It's important for recruiters to confirm that the candidate is able to present all requirements, as failure to do so can significantly affect lead time. This includes:

> A valid passport with at least 6 months left until expiry and 2 blank visa pages which are side-by-side

> Academic credentials which have been attested by the UAE Embassy in the country of issuance and counter-legalised by the Ministry of Foreign Affairs in the UAE

> Any other nationality-specific documentation.

Dependent sponsorship
The UAE has very strict laws pertaining to dependant sponsorship. A 'dependant' generally refers to a spouse or a child, although other close relations such as parents, in-laws and siblings may also be sponsored subject to meeting additional eligibility criteria. Any sponsorship requests which deviate from the norm can be subject to additional requests for documentation. As such, an applicant looking to ensure a seamless transition of his dependants while pursuing the new role would need to ensure that all necessary documentation is at hand and any discrepancies are rectified in advance.

Notice periods
Notice periods are very important to recruiters, but what is interesting to note is that they can also have a bearing on the immigration process depending on the location of the existing employer and the new employer. In some instances, the immigration process cannot be initiated until after the notice period is complete and all necessary de-registration formalities are finished. However, in other situations, the process can be partially completed while the de-registration is ongoing.

The writer is manager, Middle East & North Africa, Fragomen. Views expressed are his own and do not reflect the newspaper's policy.