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Trapped in the Maldives: foreign nationals stranded due to employers, state failing to resolve visa issues

A growing number of foreign nationals are finding themselves forbidden from leaving the Maldives by immigration staff, due to the failure of state and private employers to renew visa documentation.

The Indian High Commission in the Maldives told Minivan News it was now demanding government intervention after receiving complaints from expatriates claiming they have been blocked from boarding planes at Ibrahim Nasir International Airport (INIA), and stranded in the country indefinitely.

Minivan News has learned of cases where expatriates from India, the UK, the US and the Philippines have been blocked from leaving the country due to issues with visa documentation attributable to the negligence of state authorities and employers – in some cases, government ministries.

Unable to leave – and in some cases fined extortionate sums on behalf of the employer – foreigners are complaining of being trapped without funds, accommodation or legal representation.

As employers are responsible for arranging work permits on behalf of their foreign employees, foreign nationals are unable to submit or collect their own visa documentation, effectively stranding them in the Maldives at the mercy of their employers and state authorities while renewals are underway.

One UK national, seeking to ensure his own work permit was processed, even told Minivan News he was refused service at the immigration office on the grounds of “Where’s your owner?”.

An Indian High Commission source this week accused authorities of persecuting foreign nationals for the failure of the state and private employers to correctly renew or register foreign staff in the required time, depriving expatriates of their freedom of movement.

In just the past few days, the high commission said two Indian nationals had missed flights and been stranded in the Maldives while waiting for employers and government authorities to resolve the outstanding issues with their paperwork.

One of those affected, licensed pathologist at the state-run Indira Ghandi Memorial Hospital (IGMH), Dr Anjula Jain, was prevented from returning to India last week after completing her contract with the Ministry of Health.

She was forced to wait several days before receiving approval to book another flight with her own money.

Dr Jain has since filed an official complaint over her treatment with the Indian High Commission.

A High Commission source said Dr Jain had been told at immigration counter that she could not leave the country as her work visa had expired, despite the Health Ministry being in the process of renewing her documents.

Despite possessing papers showing the renewal process was ongoing, the doctor was still refused permission to leave.

Dr Jain was then asked to obtain a letter from the Health Ministry confirming the renewal of her documents was underway, before finally obtaining clearance from the Department of Immigration to leave the country days later.

The High Commission source said it was extremely concerned that Maldives employers, especially state authorities such as the Health Ministry, were continuing to employ foreign nationals even after their visas had expired, resulting in serious difficulties for the workers.

“There is a serious problem here for expatriates working for private and government companies where a visa is not renewed in time, with some people even having their bank accounts frozen and being deprived of their rights,” the source said.

“One call is too many,” the source said. “Concerns have been raised with [State Foreign Minister] Hassan Saeed as some similar cases have been brought to our attention. [The commission] will be checking with authorities that a systematic resolution can be found by the government to resolve this issue.”

Trapped in Male

Several foreign staff of varying nationalities working in areas ranging from tourism to the NGO sector have told Minivan News they are effectively barred from leaving due to problems with paperwork they are unable to resolve without the assistance of ambivalent employers and immigration staff.

One US national working in the NGO sector told Minivan News that she remains blocked from leaving the country due to a delay in obtaining a visa stamp in her passport, after discovering at the immigration counter that a previous employer had failed to pay outstanding visa charges.

Speaking to Minivan News on condition of anonymity, the woman said that during a recent attempt to fly to Sri Lanka for a medical reasons, immigration staff  had summoned an airline official, who had ripped up her ticket in front of her.

“I spent a year working for my former employer. It took six months of demanding my passport be returned to me before it was, however I was constantly reassured all my documentation was in order and there were just processing delays. So I was very surprised to discover they had failed to pay the appropriate work visa fees,” she said.

“This has not only caused problems for my current employer, it has put me in a very vulnerable position as an expatriate worker. I’ve been prevented from leaving the country – urgently for health reasons – by the Immigration Department because of these unpaid fees resulting in my documentation not being properly updated.”

The US national said she was now effectively at the mercy of previous employers to resolve the outstanding payments, as she was unable to afford the the MVR 15,000 (US$1000) in fines demanded by immigration authorities to allow her to leave the country.

“Despite being in constant contact with my former employer about these issues, and some of the members showing genuine concern, they have still failed to resolve the issue nearly seven months later. Instead they blame me for these issues, when it’s clearly their own professional incompetence. It’s a foul betrayal to have dedicated so much time and energy, as well as made numerous personal sacrifices, in order to partner with this organisation to achieve their mission, merely to be blatantly disrespected as a professional and individual,” she said.

“Foreign workers in the Maldives – of any nationality – are treated like slaves, or indentured servants at best.  As a professional woman, it’s worse because you have to navigate the sexism and endure a lot of harassment – which would never be allowed if this was a country that respected its foreign employees.”

By contrast, the US national believed the only method to have visa documentation approved in a quick manner was to go through recruitment ‘agents’, alleging that corruption seemed to be endemic within the system, despite tight restrictions imposed on foreign professionals.

“The most ridiculous part of the situation is that in addition to my former employer’s incompetence, the department of immigration has been in a state of flux since Feb 2012, but this is not taken into consideration by the government. They don’t care. Illegal foreign workers are brought into the country and exploited in droves, but immigration punishes legitimate workers claiming they know what they are supposed to do,” she argued.

Employees must take responsibility: Immigration

The Department of Immigration confirmed it was aware that foreign nationals had been prevented from leaving due to their employers not having obtained visas correctly.

However, the immigration authority argued that the Maldives, like countries all over the world, required foreign nationals to have the correct visa documentation to enter or leave the country, even to their homeland.

Immigration Department spokesperson Ibrahim Ashraf said all expatriates would be aware that, in order to stay in a foreign country, it was mandatory to have the correct and valid visa.

Ashraf said that there had been a “huge backlog” of visas that were required to be processed by employers such as the health and education ministries, claiming that immigration authorities had made special arrangements to fast track visa renewals.

“This should not be happening,” he said of expatriates being prevented from boarding flights out of the country.

Ashraf claimed the Immigration Department had not been made aware of any concerns raised by the Indian High Commission over the issue of stranded workers, suggesting some issues may have been related to a “huge misunderstanding” of the visa system by employers.

“Payments for visas have to be made to the Maldives Inland Revenue Authority (MIRA), with passports then officially needing to be processed with the Department of Immigration once payment is complete,” he said. “The visa sticker has to be there in the passport.”

Ashraf stressed that a correct visa sticker was requested by airlines as well as foreign authorities to allow a foreign national to board any international flight.

Health Ministry backlog

Responding to the Indian High Commission’s concerns about Dr Jain, Permanent Secretary at the Ministry of Health Geela Ali told Minivan News said she was unaware of the case.

However, she accepted there had been issues with foreign doctors not being able to leave the country as a result of problems relating to visa extension issues, such as the transfer of staff from health corporations established under the previous government back to the ministry.

Geela insisted there were no longer recurring problems with visa extension of expatriates working for the health ministry, despite a backlog of outstanding documentation preventing staff from leaving, and said many issues had been resolved.

“The matter is now under control, but obviously there will sometimes be employees who cannot leave over visa issues,” she said.

Geela said IGMH was responsible for its large foreign workforce, and any workers who were facing issues leaving the country.

Indian authorities meanwhile last year slammed the government and some private employers for failing to reissue visa documentation to expatriates who were forced in some cases to wait weeks in Male to return home for visits and emergencies, including one worker’s own wedding.

In January, the high commission provided local media with a list of 11 grievances affecting its relationship with the Maldives, including discrimination, the keeping of passports of Indian nationals by employers, and the failure to repatriate mortal remains of foreign workers.

The source expressed confidence that authorities would find a resolution to the various grievances raised, despite claiming that no progress had made on any of the issues raised at time of press.

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Environment Minister announces airport seawater cooling plans

Environment Minister Dr Mariyam Shakeela has announced plans to develop a cooling system at Ibrahim Nasir International Airport (INIA) that will make use of seawater to reduce reliance on fossil fuels at the site, according to local media.

“We can try to create energy with seawater and use it to cool places. We are looking to cool the entire airport using water taken from around 1,000 metres below the surface of the sea in the near future,” she was quoted as saying by local newspaper Haveeru during a ceremony held yesterday (July 23).

Speaking at the event, Dr Shakeela reportedly highlighted the importance of enhancing the use of renewable energy in the Maldives, while also identifying a lack of “positive response” from state institutions in curbing use of fossil fuels or adopting alternative technologies like solar and wind energy.

The announcement was made after participants in attendance at the Maldives International Renewable Energy Investors Conference last month claimed political instability was presently a major concern hampering foreign investment in the sector.

The two day event, which concluded on June 17, aimed to facilitate long-term partnerships between international investors, project developers, energy companies and utilities groups in order to enable successful renewable energy projects throughout the Maldives.

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Atoll Paradise attributes troubles to “lengthy delay in securing bank finance”

Tour operator Atoll Paradise has issued a statement “apologising unreservedly for any frustration caused to any of its customers due to recent cancellations.”

Atoll Paradise is one of the Maldives’ largest local tour operators. However, the Tourism Ministry last week suspended its permit amid allegations it had defrauded customers and international travel agents.

Tourism Ministry Senior Legal Officer Faseeh Zahir told Minivan News the government had have received several complaints in recent months that bookings had been cancelled by the company without being refunded.

“There are allegations of fraud and of the company not acting according to regulations. This is not just a case of one guest, we have received several complaints,” said Zahir. The company has also been fined MVR 1 million (US$65,000).

In its statement, Atoll Paradise said it “wished to make it clear that it is a reputable business organisation and the recent unfortunate developments stemmed from a lengthy delay in securing bank finance to sustain its business operations.”

Cancellations were “unavoidable”, the company said, while “strenuously emphasising” that no employee of the company “ has ever engaged in fraudulent activities towards any external parties.”

The company acknowledged it had encountered “some cash flow difficulties” in 2013, stemming from an “unexpected delay in a bank loan facility.”

“This delay is not to be blamed on anyone (neither person nor corporation), as financial proceedings can sometimes encounter unexpected obstacles and include complexities and lengthy legal clearance procedures beyond the initially expected scope,” the company contended.

“Although the management had explored all available options and done its best to avoid having to cancel any bookings, such cancellations could not be avoided anymore, if Atoll Paradise did not want to further disappoint its customers by leaving them stranded at the airport after their arrival in the Maldives,” the statement read.

“These actions, although difficult to make, were taken in accordance with the Booking Policy of the company, and all customers will be refunded with minimum delay,” the company promised.

Atoll Paradise said it was working with the Ministry of Tourism on “resolving these unfortunate issues so that all pending refunds can be processed without any further delay and normal business operations of the company can commence as soon as possible. It is important to note here that several refunds have already been processed prior to this decision by the Ministry. All customers are informed periodically on the status of their refund.”

Disgruntled customers waiting on refunds

Several of the company’s customers meanwhile contacted Minivan News following publication of last week’s article, with details of their grievances and extensive documentation and correspondence with the company.

The Barras couple initially booked their 14 night, US$24,698 holiday at Dusit Thani resort through Atoll Paradise in July 2012 for mid-February 2013. However three weeks before travelling the couple were forced to cancel their booking for medical reasons, and were promised a refund of US$23,113, including a US$350 ‘admin fee’ and five percent ‘bank charge’ on January 24, as a “one time exception”.

In a long series of successive emails, assorted company staff repeatedly apologised and promised repayment in several days, providing reasons including “It will take 1 to 2 billing cycles for the amount to be posted back to your account”, “I can only file for the refund request by Monday due to bank holidays here until Sunday”, and “we are moving all of our principal banking from three different banks to just one which is Mauritius Commercial bank.”

Several staff members informed the couple that Atoll Paradise had already paid the resort in advance, and was waiting for a refund.

The couple contacted the resort’s management directly, only to discover that the resort had never received payment from Atoll Paradise, and had cancelled the booking immediately on first request.

“The money you paid [to Atoll Paradise was not remitted to us, nor was there any communication regarding a refund since no monetary transaction had transpired between Dusit Thani Maldives and Atoll Paradise for this particular booking,” wrote Dusit Thani’s General Manager Desmond Hatton to the couple on April 9, 2013.

After waiting three months for the refund, the couple began to add their concerns about the company to others on Tripadvisor.

“Your case has been raised this with our Executive Management team, to try and get a better understanding as to when we can rectify this internal issue, as you know this has been pending a while and as such we are not delivering the exceptional service we are known for, this is very disappointing and I can assure you this matter is not being taken lightly,” the couple were informed in April by a staff member called ‘Laura’.

The Barras were then contacted by Atoll Paradise’s Director of Business Development, Chloe Esme Bagir, who informed them that “due to the extent of your unruly comments on the internet, it is now being dealt by our Legal and Accounts Department and will be reviewed in strict adherence to our published Booking & Cancellation Policy. We will reply to you once we get their decision.”

At the time of their contacting Minivan News, the couple were still awaiting payment of their refund.

“Since we didn’t go, the hotel didn’t get paid … so [Atoll Paradise] decided to keep the money for themselves. What kind of company does this?” asked Tristan Barras.

In an email to Minivan News, Atoll Paradise advised that Barras “cancelled shortly before arrival and thus lost 100 percent of the amount paid, in accordance with Atoll Paradise Booking Policy.”

Booking cancelled four days before flight: “I appreciate this will have come as somewhat of a shock”

In another case, Nitchima Chia from Thailand booked a two bedroom pool villa at Centara for six people on March 6-10 through Atoll Paradise, paying US$6,235 upfront via credit card.

Four days before the group was due to depart, having already paid US$3450 for flights from Bangkok to the Maldives, Chia was informed by Atoll Paradise that due to “unavoidable circumstances arising within our operations” their booking, among others falling between May 1-16, had been cancelled.

The company gave Chia the option to refund the full booking value, or reschedule the booking after July 1.

Noting that the group had days left to get on the plane and that the flights were non-refundable, Chia urged Atoll Paradise to move them to another hotel, or refund the full expenses of the trip: “July is impossible as the kids need to go to school during this time,” she said.

Atoll Paradise replied: “I appreciate this will have come as somewhat of a shock, however we are unable to honor any bookings within this period.”

“Atoll Paradise is in the process of relocating to a newly built office compound. This is a project we have been working on for the past 12 months to expand and grow our business. Due to this we are having difficulty in managing some our arrivals for this period efficiently,” the company wrote.

“Your booking with Atoll Paradise is cancelled and will not be reinstated.”

In another email, Atoll Paradise advised that “as only the accommodation is confirmed with us, we cannot hold any responsibility for the flights”, and urged Chia to contact her travel insurance provider.

Chia was initially promised a refund within four weeks with a “cut-off period” of eight weeks. However, on June 6 she was informed that the “refunds are taking a further delay due to lack of funding. We are confident we should receive these funds within the month of July. Please give us a little more time to settle this.”

On July 5, the company informed Chia that it understood this delay in your refund “is causing a lot of frustration for you”, and assured her that “the delay in your refund is not intentional.”

“The entire management team are working tirelessly to expedite the refund process for all our clients. Our bank has already agreed a facility for us, agreement already approved and signed. Due to lengthy legal documentation, the funds from our bank have taken longer than initially anticipated hence these delays. We anticipate the refund will be in your account end of this month and latest first week of August.”

Chia subsequently contacted the Royal Thai Consulate in Male.

Some customers, speaking about their experiences with the company on a 28-page Tripadvisor thread, reported success in securing chargeback payments direct with their credit card companies.

Police Chief Inspector Hassan Haneef meanwhile last week confirmed police had begun investigating the company over fraud allegations.

The Tourism Ministry has said Atoll Paradise’s permit will remain revoked until all alleged outstanding payments and grievances have been settled.

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Parliament’s Committee on Social Affairs submits social protection bill

Parliament’s Committee on Social Affairs on Monday (July 22) submitted a social protection bill to parliament for review, after amending the bill to stipulate 11 instances in which the state must protect and assist under-privileged citizens.

According to the report submitted by the committee, the objectives of the bill are to provide as-yet unspecified support to citizens facing difficulties as a result of poverty and to increase equitability between the rich and poor. Support for citizens lacking the means to obtain basic necessities and the provision of state facilities to all citizens in the most equitable manner possible were also among the aims.

The bill stipulates the provision of financial aid to single parents, and support to children under the care of guardians other than biological parents.  These same guardians and students are also included as recipients of support.

It furthermore guarantees support to neglected persons, as well as persons suffering from psychological disorders.

The bill additionally stipulates the provision of subsidies for expenses on food products, electricity, water and accommodation.

The bill offers support in “emergency situations”, while small and medium businesses located in any industrial district facing difficulties is also included.

Neither the amount of financial aid that an individual may be provided under the bill, nor the criteria individuals must meet to qualify for aid are included in the draft. Instead, the act says that these details must be established in regulations gazetted three months after the ratification of the bill.

According to the bill, an individual or a person on behalf of the applicant is required to register with the National Social Protection Agency (NSPA) for support and subsidies granted by the state.

It also include clauses which obligates the NSPA to uphold the confidentiality of personal information of all persons who file for support, adding that employees of the agency who divulge such information may be subjected to fines ranging between MVR 5,000 (US$325) to MVR 10,000 (US$650).

The Social Protection Bill was initially submitted to parliament on October 19, 2010. It was sent to the Committee on Social Affairs for review and amendment on December 14, 2010.

The Committee had its first meeting regarding the bill on October 8, 2012, after a period of almost two years since the bill was sent for review. At this meeting, a subcommittee to focus on the matter was appointed.

The subcommittee included Maldivian Democratic Party (MDP) MP Ahmed Rasheed, Progressive Party of Maldives (PPM) MP Abdul Azeez Jamaal AbuBakr, Dhivehi Rayyithunge Party (DRP) MP Hassan Latheef and Jumhooree Party (JP) MP Hassan Adil.

According to the committee report, other institutions that have provided comment and feedback on the bill are the Ministry of Health, Ministry of Education, Ministry of Finance and Treasury, Ministry of Gender, Family and Human Rights and the Attorney General’s Office.

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High Court upholds decision to detain Faiz on charges of blackmailing Supreme Court Justice

The High Court has upheld the decision made by the Criminal Court on 11 July 2013 to detain Ahmed Faiz of Pink House in Feydhoo, Addu City, on charges of possessing pornographic material and trying to defraud money through blackmail.

Faiz, at the time a prominent member of President Mohamed Waheed’s Gaumee Ithihaad Party (GIP), is accused of allegedly using a sex video of Supreme Court Justice Ali Hameed involved in sexual activities with two women to try and blackmail the judge.

The High Court said Criminal Court warrant number 145-J[MD]2013/6077 orders the Maldives Police Service to hold Faiz in pre-trial detention, as the court believed he may try to eliminate evidence if freed.

The Criminal Court issued the warrant to hold him in detention from 11 July 2013 12:13 pm to 26 July 2013 12:12pm.

The High Court stated that Faiz’s appeal was based on two points: one in which he claimed others involved in the same case had not been arrested, and that the Criminal Court’s decision to detain him in his absence was unconstitutional.

The High Court ruling stated that Faiz was detained on charges of possessing a pornographic video of a person in a senior position in the state, with the assistance of others, and for attempting to extort large amounts of money by blackmailing the victim, and for attempting to sell the video for a price to others.

The High Court said Faiz had a pre-existing criminal record, including the possession of pornographic material.

In reference to the points noted, the High Court ruled there was no legal ground to rule against the Criminal Court’s decision.

Snapshots taken from the video began circulating on social media networks Twitter and Facebook, prompting a police investigation. The police formally notified all relevant authorities including the JSC, the Prosecutor General and President Waheed regarding their investigation into the case.

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High Court upholds seven year prison sentence for throwing rocks at VTV

The High Court has upheld a Criminal Court ruling sentencing a man found guilty of throwing stones at private broadcaster VTV to seven years imprisonment.

Eight men including Mohamed Hameed were given seven year sentences for throwing stones outside the station during anti-government protests on March 19, 2012.

The demonstrators were protesting the new President Dr Mohamed Waheed from giving the opening address to the first session of parliament, following his controversial arrival to power the previous month.

In addition to Hameed, the Criminal Court also sentenced Ismail Hammaadh of Maduvvari in Raa Atoll, Ahmed Hameeed and Hussein Hameed of Alifushi in Raa Atoll, Ahmed Naeem of Henveiru Ladhumaageaage, Hussein Shifau Jameel of Maafannu Nooruzeyru, Aanim Hassan of Ferishoo in North Ali Atoll, Ahmed Muheen of Galolhu Haalam and Mohamed Hameed for vandalising the channel.

The building, as well as the soldiers guarding its entrance on Sosun Magu, came under attack as police tear gas forced the protesters south, past the building from the police barricades near to the parliament building.

Appealing the sentence, Hameed argued that it was extraordinary practice for the court to impose the maximum possible sentence on a first time offender with no criminal record.

However the High Court, noting that the sentence was three to seven years, deferred to the discretion of the Criminal Court judge.

VTV is owned by MP Gasim Ibrahim, a resort tycoon, presidential candidate and member of the Judicial Services Commission (JSC) tasked with disciplining the judiciary.

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Cathay Pacific Airways to commence Maldives to Hong Kong service from October

Cathay Pacific Airways has announced it will begin operating services between the Maldives and Hong Kong from October this year.

In a statement issued today, the airline said flight services to and from the Maldives on its Airbus A330-300 aircraft were expected to begin from October 27, 2013 – pending government approval.

The company claimed that the launch would extent its services within the Indian subcontinent, while boosting leisure travel between the Maldives and the Far East – a growing tourism market in recent years.

From the service’s launch, Cathay Pacific Airways has said flights will be operating between Ibrahim Nasir International Airport (INIA) in Male’ and Hong Kong every Wednesday, Thursday, Saturday and Sunday.

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Abdulla Yameen would consider second round election alliance with MP Gasim

Progressive Party of Maldives (PPM) presidential candidate Abdulla Yameen has said he would consider siding with Jumhoree Party (JP) rival MP Gasim Ibrahim if unable to secure a first round victory in September’s election.

Yameen told state media yesterday (July 23) that he held no animosity towards JP presidential candidate MP Gasim, and would align with his rival if no candidate could secure 51 percent of the first round vote – resulting in a run-off election.

The JP is a coalition partner of the PPM in the current government of President Dr Mohamed Waheed.

Yameen also used his appearance on state media to discuss his party’s other key pledges for the upcoming election; focusing on issues of civic education and creating young entrepreneurs and fishermen, according to local newspaper Haveeru.

The PPM presidential candidate said he had also changed his mind on the death penalty, believing it should be given to prevent the “slaying of Maldivians”, local media reported.

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JSC votes not to accept resignations of sex tape probe members

The Judicial Services Commission (JSC) has reportedly refused to accept the recommendations of two members of the subcommittee investigating the leaked sex tapes of Supreme Court Judge Ali Hameed.

According to local media, the JSC refused to accept the resignation of the watchdog body’s deputy president Abdulla Didi and presidential representative Latheefa Gasim.

Their resignations followed the JSC voting to disregard the subcommittee’s recommendation to suspend the judge pending investigation.

According to local media, the commission voted not to accept the resignations. Media officer Hassan Zaheen told Haveeru the two members would resume their duties following the vote.

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