When traveling to the Democratic Republic of the Congo (DRC), your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.

What types of activities may I engage in as a business visitor?

As a business visitor to the DRC, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

• » Attend business and sales meetings
• » Buy goods for sale outside the country
• » Tour a company facility
• » Attend a conference or seminar convention

If I qualify as a business visitor, do I need a visa for the DRC?

In most cases, foreign nationals traveling to the DRC to conduct business activities must obtain an Entry Visa from a Congolese Consulate or Embassy prior to travel. If there is no Congolese Consulate or Embassy with jurisdiction over the foreign national’s place of residence, business travelers may obtain a Flying Visa for entry.

Only nationals of select countries, including Burundi, Rwanda, Kenya, Mauritius, Uganda, Malawi, Botswana, Congo, and Zimbabwe, are eligible to enter the DRC on visa-waivered status and conduct business activities on a short-term basis. Please obtain an individual assessment before traveling to determine your eligibility for a visa waiver.

What types of activities require work authorization?

The activities below, whether paid or unpaid, generally constitute work under Congolese law. This list is not exhaustive, and many other professional activities are considered work in the DRC, even if conducted for a short duration.

• » Hands-on technical work
• » Auditing
• » Marketing

In limited circumstances, foreign nationals may perform emergency repairs on a very short-term basis without obtaining work authorization. Please consult with your immigration provider for an individual assessment before traveling to determine whether this exemption is applicable.

If I am traveling to the DRC for work, what type of work authorization do I need?

The requirements for work authorization depend on your qualifications, on the nature and duration of your work, and on whether your employer has an entity in the DRC. The most common types of work authorization for the DRC are:

• » Work Visa (Visa d’Établissement de Travail Spécifique - VETS) (short-term work authorization)
• » Work Permit (Carte de Travail) and Work Visa (Visa d’Établissement de Travail - VET) (long-term work authorization)

Is it possible to be exempted from work authorization requirements?

The DRC does not offer long-term work authorization exemptions.

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

Copyright © 2020 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.