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Is work or pleasure taking you abroad?

by Elaine Young

Here is a look at the various issues that may come up when you need to visit another country for work. Or for vacation!

Passports
How many times have we received a call from someone who is about to depart on a business trip and realizes that her U.S. passport has expired? Under a reciprocal rule that deems a passport valid for six months from the date of entry, U.S. passport holders can enter many countries even if their passports will expire during the trip. But if your passport will expire before your trip or before you return to the United States, you must renew your passport before you leave. 

If your trip is less than a week away, you will want to work with a passport expediting service. Such a service will assist you in making an appointment with a U.S. passport agency, which it will attend on your behalf to obtain same-day processing of the renewed passport. Passport expediting companies usually charge several hundred dollars in addition to the U.S. State Department’s passport application fee. Be careful when you try to use the State Department’s “expedited” by-mail processing, which is an eight-day processing turnaround, not same-day turnaround.

If your travel tends to be land or sea travel to Canada, Mexico, the Caribbean, or Bermuda, you can request a passport card instead of, or in addition to, the traditional U.S. passport book.

Visas
U.S. passport holders can travel visa-free to quite a few countries, including most countries in Europe, Australia, New Zealand, Japan, and Korea. Some other countries do not require an advance visa but will issue a visa upon your arrival at the airport. When you have to obtain a visa in advance, you often have the opportunity to examine the restrictions on that visa and the activities that are permitted.

For example, if you are planning to attend business meetings, a business visa is generally appropriate; on the other hand, if you are going to your company’s foreign office for a month to cover for another employee’s maternity leave, you are most likely “working” and will need a work visa. Generally, work visas require much more paperwork and take longer to process. Some work visas require employment with a local (foreign) employer, and you must obtain permission from that country’s labor authorities before you apply for the visa.

If you are traveling to a country that does not require an advance visa, forgoing the full visa application process can make it easy to overlook the requirements for entering the country. Be sure to find out which documents and fee payments you must have available when you arrive at the airport and which kinds of activities are acceptable when you’re entering the country on that visa. The last thing you want to do is arrive at the airport expecting to enter as a tourist, tell the immigration officer that you are there for a specific activity, and find out that you needed an advance work visa.

There are three great resources for investigating the type of visa you need. Immigration specialists, often (but not always) attorneys, usually will provide the most current advice. You can also visit the websites of various consulates. Some websites have comprehensive information on visa types and allowable activities, but be aware that a lot of websites contain outdated information, and it can take several days to reach a consulate by phone or e-mail with specific questions. Another option is a third-party visa application service. These agencies do not provide legal advice, but they can help you apply for the right document once you know the appropriate visa for your intended activity.

Elaine Young is an attorney with Kirton McConkie, practicing in the firm’s Salt Lake City, Utah, office. She may be contacted at eyoung@kmclaw.com

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