What happens if you or a relative is stranded abroad scrambling to return home after countries closed their borders? Millions of people who had travelled for work, tourism, business or to study are marooned in different countries amid the Covid-19 pandemic.

Gladys Mogaka, a Kenyan-American immigration and corporate law attorney licensed to practice law in New York and in Kenya spoke to BDLife on what to do if trapped abroad.

If flights have been cancelled, borders closed, what should a Kenyan who is stranded in the US do?

Such a person should apply for a visa extension. USCIS provides special support for individuals who may be affected by natural or extreme circumstances. Covid-19 being a global pandemic, USCIS will take into consideration how it affected your departure and will definitely allow one to either extend or change their status.

How much will it cost to extend the visa and what is the procedure of extension?

The filing fee for change of status or extension is $370 (Sh37,000). Do you need to involve an immigration lawyer? Yes you do. I will always recommend getting a professional especially when it is at the discretion of the immigration officer to provide a benefit. This is not just a simple form that needs to be filled. You need to provide a legal argument to prove how the special circumstances prevented your departure. This may vary since visa categories vary, and you want to know how the extension or change of status might affect your future applications.

Is there any legal challenges if someone does not seek an extension of the visa?

Overstaying your visa can lead to accruing unlawful presence. If you leave the country, depending on how long one overstays, you will be banned from returning to the US. You are also susceptible to deportation when caught.

Can visitors get sponsors like family members to apply for the new visa if he or she is still in the country?

Yes. Visitors who came in for the sole purpose of visiting and have immediate relatives (father, mother, spouse, child) may change their status even though their initial visit was meant to be temporary.

Can someone who has not changed their status on the expiry of their visa be subjected to fines?

No.

What if the person is in Kenya on a green card that is about to expire?

They should apply for an SB-1 returning resident visa and argue Covid-19 as a reason for not returning to the US on time. They must prove how it was beyond their control with evidence.

Source: https://www.businessdailyafrica.com/lifestyle/travel/If-stranded-abroad-amid-borders-closure/3815716-5512430-qr7pll/index.html

The Kenya Association of Travel Agents (KATA) has called upon the International Air Travel Association (IATA) to act urgently in compelling the IATA accredited airlines to fast-track refunds processing for the customers who booked flights through travel agents during the Covid-19 crisis period.

KATA Chief Executive Officer Ms. Agnes Mucuha stated through a brief update on the ongoing devastating impact of the Coronavirus on the travel industry in Kenya, that airlines are taking a longer time to process refunds owed to customers of travel agents, and this has created unnecessary anxiety and distress.

“The travel industry grounded to a halt in March 2020 following the government directive suspending all international flights into Kenya. Consequently, passengers who were holding bookings with airlines through their travel agents opted to cancel their itineraries and sought for full refunds.” She said.

“Several airlines have been responding to the refund requests by issuing vouchers under the name of the booked passenger, instead of issuing a “cash” refund through the travel agent. This has caused conflict for the agents, as customers are demanding for full refunds in “cash” claiming that they have no immediate travel plans in the foreseeable future. Similarly, the travel agents cannot assign this voucher on other bookings owing to the issuing restrictions. This has also led to a bad stalemate between the customers and travel agents owing to the inflexibility demonstrated by the airlines issuing the refund vouchers”, the CEO noted.

Ms. Mucuha further reported that “In our engagement with IATA, they have sighted that airlines are facing an unprecedented high volume of global refunds requests, and this has been the the main cause for the processing delays. IATA emphasized that the refunds shall be guided by the airline’s commercial policy guideline while determining the “valid” refund value on the tickets. On the other hand, customers are also facing cash constraints under the current Covid-19 pandemic and they cannot afford further delay.”

She further pointed out that the Travel Industry has grounded to a complete halt, and most travel agents have temporarily closed shop as they don’t have any travel related business to conduct during this time. Unfortunately, their debtors have also deferred payments sighting Covid-19 for the delays. This is exacerbating the situation, and the outlook is very bleak for travel agents and their customers. In Kenya, we have over 1000 registered travel agents distributed countrywide, a majority of whom are SMEs and MMEs with over 300,000 employees.

Travel agents submit refund applications through the airline booking portals or in this case through the IATA regulated portal, and upon assessment of the “valid” refund request, the airline authorizes the “valid” refund through the same portal and remits it to the travel agent. In turn, the agent processes the refund back to their customers, which is in line with the IATA policy guidelines.

Other notable findings in the refunds delay include:

• A majority of Airlines are seeking for government bail outs and relief owing to the negative cashflow impact caused by Covid-19.
• Airlines are opting to issue vouchers instead of “cash” in order to preserve their already constrained cashflow position.
• Kenya has over fifteen international airlines who were on scheduled operations into Nairobi and/ or Mombasa.

The Kenya Association of Travel Agents has pushed for immediate intervention saying that it is imperative that the IATA steps in to provide immediate solutions for the industry.

“There are countless stories of travel businesses working hard to serve their customers transparently and professionally. The truth is that travel agents are not withholding refunds owed to their customers, and they are pursuing the refunds aggressively from the airlines and with the help of the Kenya Association of Travel Agents association.” Ms. Mucuha emphasized.

Travelers can visit the Coronavirus Updates page on the KATA website on https://katakenya.org/corona-virus-updates/ for more information

The World Travel and Tourism Council (WTTC) has called upon all governments to take immediate action in ensuring the survival of the sector.

WTTC President and Chief Executive Ms. Gloria Guevara emphasised on the need for the governments to act immediately stating that any further delay will lead to loss of millions of jobs and an incalculable damage globally.

She pointed out to three crucial measures that governments should adopt, in addition to the recovery of funds, which will protect the survival of millions of people who heavily rely on the sector for their livelihood.

“First, financial help must be granted to protect the incomes of the millions of workers in the sector facing severe economic difficulties. Secondly, governments must extend vital, unlimited interest-free loans to global Travel & Tourism companies as well as the millions of small and medium sized businesses as a stimulus to prevent them from collapse. Thirdly, all government taxes, dues and financial demands on the travel sector need to be waived with immediate effect at least for the next 12 months,” Ms Guevara said.

She urged governments to take drastic and decisive action in order to protect and preserve the contribution of the sector to the world.

“No one can doubt that we are in uncharted territory. The coronavirus pandemic means the world is facing a threat on multiple fronts not seen in peacetime. The Travel & Tourism sector is uniquely exposed, and we estimate 50 million jobs globally are at risk. To put it bluntly, Travel & Tourism is in a fight for survival,” Ms. Guevara further said.

She averred that, “travel is the backbone of economies around the world. It brings in essential currency and inward investment, creates jobs and stimulates every sector. WTTC figures show Travel & Tourism contributes to 10.4% of Global GDP and 320 million jobs. It is responsible of creating one in five new jobs and, for eight successive years, has outpaced the growth of the global economy”.

WTTC sentiments were echoed by the International Civil Aviation Organisation (ICAO), International Maritime Organisation (IMO), the World Health Organisation (WHO) and the UN World Tourism Organisation (UNWTO) who held a virtual teleconference on Friday to discuss COVID-19.

They concurred that calls would need to be made urgently to governments to take immediate actions, including through financial aid packages and incentives, to help the aviation and tourism sectors withstand current COVID-19 risks and impacts.

According to WHO, the pandemic is accelerating. There has been over 424, 000 reported cases as at March 25, 18, 947 deaths and 109, 145 recoveries.

Kenya’s national carrier on midnight Thursday 25^th March, 2020 suspended all international flights following a government directive on the Coronavirus pandemic. However, cargo flights remain operational to provide supplies and emergency services.

President Uhuru Kenyatta issued the directive on 22^nd March, 2020 following a rise in cases of COVID-19 infections in the country.

“We have been forced to reduce our network by over 70% and it had become increasingly difficult to continue offering international passenger services. Today March 22, 2020 the Government of Kenya has issued a directive that requires all incoming and outgoing international passenger traffic to and from Kenya to cease from midnight on 25th March 2020,” Kenya Airways (KQ) Chief Executive Officer Mr. Allan Kilavuka said in a statement.

He added, “We will continue to operate cargo flights particularly so that we are available to offer emergency services or much needed supplies. In the meantime, our domestic flights to Mombasa and Kisumu remain operational”.

KQ further informed the public of their revised policy on zero change fee and cancellation where travellers will get a waiver on change fees on all fares excluding for domestic travel.

The airline stated that the waiver applies to All fare types, including groups and conferences, All Kenya Airways destinations excluding domestic locations, all points-of-sale and all travel up to 30th June 2020. The tickets changes and refunds should be completed by April 31, 2020.

As at 26^th March, 2020, 31 positive cases have been reported. The cases are spread out in Nairobi, Kajiado, Mombasa, Kilifi and Kwale.

Businesses have received a boost during this COVID-19 period after the Central Bank of Kenya (CBK) released Kes. 35.2 billion as additional liquidity availed to banks to directly support borrowers distressed by the pandemic.

Furthermore, CBK lowered the Central Bank Rate (CBR) to 7.25 percent from 8.25 and reduced the Cash Reserve Ratio (CRR) to 4.25 percent from 5.25 percent.

CBK Governor Dr. Patrick Njoroge, who is also the Chairman of the Monetary Policy Committee (MPC) said that they will ensure that the interbank market and liquidity management across the sector continue to function smoothly.

“The MPC will closely monitor the impact of this change to its policy stance, as well as developments in the global and domestic economy, and stands ready to take additional measures as necessary. In this regard, the Committee decided to reconvene within a month for an early assessment of the impact of these measures and the evolution of the COVID-19 pandemic.” He said.

The Coronavirus which broke out in December 2019 has so far caused global devastation to countries through loss of life and tremendous negative impact socially and economically.

Although the pandemic’s impact on the country’s economy is still evolving, he said, all signs show that it could be severe.

He further stated that the committee’s main focus is to minimise the economic and financial impact brought by the pandemic.

The committee noted that, “as a result of the pandemic, economic growth is expected to decline significantly in 2020, from a baseline estimate of 6.2 percent to possibly 3.4 percent, arising from reduced demand by Kenya’s main trading partners, disruptions of supply chains and domestic production. The fundamental concerns and anxieties centre on the health impact, job losses, and duration of the crisis. The ongoing interventions by the Government are aimed at containing the pandemic and moderating the economic and social impact.”

“The MPC Private Sector Market Perception Survey conducted in early March 2020

indicated that inflation expectations remained well anchored, mainly due to expected lower food and energy prices. However, respondents revised downwards their optimism on economic prospects, due to COVID-19 concerns. Nevertheless, they expressed a favourable outlook about the renewed focus on MSMEs and agriculture, payments of pending bills by the government, the decline in international oil prices, benefits from infrastructure investments, and improved lending to the private sector, “the committee stated.

The CBK governor also pointed out that global growth is highly uncertain but expected to weaken significantly in 2020, mainly due to the adverse direct and indirect impact of COVID-19 across the world. Trade flows have been significantly disrupted, while the continued volatility in international financial markets will worsen the outlook. In a shift of stance, central banks in the major advanced economies are implementing accommodative monetary policy to stabilise the financial markets and support economic growth.

The IATA said its latest analysis showed that annual passenger revenues will fall by USD 252 billion if severe travel restrictions remain in place for three months.

The coronavirus pandemic could spell “apocalypse” in the airline industry without urgent government aid, the global aviation association said Tuesday, warning that carriers could lose more than USD 250 billion in revenues this year alone.

The International Air Transport Association said its latest analysis showed that annual passenger revenues will fall by USD 252 billion if severe travel restrictions remain in place for three months.

That would mark a 44% drop compared to 2019 revenues, and is more than double the USD 113 billion drop previously predicted by IATA before countries around the world began introducing sweeping travel restrictions.

“It is the deepest crisis we ever had in our industry,” IATA chief Alexandre de Juniac told reporters in a virtual briefing, calling on governments to quickly step up and provide desperately needed liquidity.

“Airlines are fighting for survival in every corner of the world,” he said in a statement, pointing out that “travel restrictions and evaporating demand mean that, aside from cargo, there is almost no passenger business.”

“For airlines, it’s apocalypse now. And there is a small and shrinking window for governments to provide a lifeline of financial support to prevent a liquidity crisis from shuttering the industry.”

IATA has not been shy about sounding the alarm in the crisis, and last week warned that up to USD 200 billion would be needed to rescue the world’s airlines.

On Tuesday it said that while some governments were stepping up, it was still far from enough to cover the needs.

“We need money,” Juniac told reporters.

He stressed that IATA fully supported government measures to slow the spread of COVID-19, which has now infected nearly 400,000 people worldwide and killed close to 17,000, according to an AFP tally based on official data.

“But we need them to understand that without urgent relief, many airlines will not be around to lead the recovery stage,” he said.

He pointed out that some 2.7 million airline jobs were at risk, with 24 times that number of jobs on the line down the travel and tourism value chain. (AFP)

Source: https://www.thenewsminute.com/article/airline-industry-headed-apocalypse-without-aid-global-aviation-body-iata-121083

The Kenya Association of Travel Agents (KATA) has called upon the government to act urgently in shielding the travel industry from the economic effects brought on by the COVID- 19 pandemic that has caused global devastation.

KATA Chariman Mr. Mohammed Wanyoike stated through a brief update on the ongoing devastating impact of the Coronavirus on the travel industry in Kenya, that the industry is currently witnessing a grounding due to the announcement that international flights have been denied entry into Kenya effective midnight on Wednesday 25th March,2020.

“We are witnessing the shutdown of the travel industry. The economic effects are getting worse by the day and could become more permanent if the government does not act now.” he said.

Chairman, Mr. Mohammed reported that “the industry has evaluated its internal position consultatively and has taken up immediate measures to safeguard the health of the Travel Agents industry by the CEO’s taking a 90% pay cut in March 2020 and all industry employees going on unpaid leave from April,2020 for a period of two months. Travel Agents business is aligned onto Airlines, and hence in the absence of operating Airlines the Travel Agents businesses are 100% vulnerable”

The travel sector has continued to witness a drastic decrease in travel owing to the travel restrictions put in place by the Governments of Kenya, USA, UK, and European Governments, Middle East and Asia including India. As such, mid of March, some airlines cancelled their scheduled operations into Kenya. These airlines include Air India, Etihad Airways, South African Airways and RwandAir. Our National carrier Kenya Airways has suspended flights to and from key business and tourist destinations within their network.

Mr. Mohammed further said, “During the month of February 2020 the Travel Industry in Kenya recorded a decline in passenger number bookings of 50%, followed by a drastic cancellation of flight bookings, conferences and events resulting in a revenue loss to the sector of 85%. Over 95% of forward bookings for the month of April 2020 have also been cancelled since Europe, America and the Middle East issued lock down notices for non-citizens. The Travel industry has recorded Zero bookings this week and the forecast for April to June 2020 is the same. This is an unprecedented occurrence, and travel agents have no cashflows to support their employees in the coming months should the government fail to intervene”

Other notable findings in the travel impact analysis include:

• Total spending on travel in Kenya in 2019 was Kes. 1.7billion on tickets, airline operating fees, and ancillary products and services. This has been projected to plunge by 60% by the end of 2020.
• The estimated losses by the travel industry alone are severe enough to create job loss across the sectors. The full impact of the crisis is expected to last at least three quarters, with Q2 2020 being the low point.
• The travel industry has over one thousand travel agencies, and it is projected that a majority of the travel agents are facing an imminent risk of collapse.

The association pushed for immediate intervention saying that it is imperative that the Government steps in to provide immediate relief measures for the industry.

“Temporarily shutting off travel from US, Europe and India has already exacerbated the situation caused by the heavy impact of coronavirus on the travel industry and the over 500,000 Kenyans whose jobs depend on travel. We have and will continue to engage with the government on policy steps that are necessary to ensure that travel agencies, 80% of which are small businesses can continue keeping their employees.”

“There are countless stories of travel businesses working hard to earn a day’s living. But the cold reality is that they cannot support their employees if they don’t have any customers, and they don’t have customers because of the actions needed to stop the spread of coronavirus. Government intervention is required to address the operating expenses of these travel agents going forward”, Mr. Mohammed emphasized.

Kenya Airways will restrict its operations to domestic routes after it grounded international passenger travel following the State order banning international flights to curb the coronavirus outbreak.

The airline’s chief executive Allan Kilavuka in a staff memo on Sunday said Mombasa and Kisumu flights will remain operational, offering a sigh of relief to domestic travellers.

The loss-making carrier will, however, ground all international passenger flights from Tuesday midnight, a big hit on its revenues.

The decision comes barely a day after the State ordered all incoming and outgoing international passenger flights to cease operations, starting March 25, 2020.

“To comply with the directive, we have, therefore, temporarily suspended all international services effective midnight March 25, 2020, until further notice,” said Mr Kilavuka in the memo.

The airline, which has so far temporarily suspended flights to and from Guangzhou, China, among other routes, following the outbreak of the coronavirus said the temporary ban will not affect cargo flights.

Cargo flights, Mr Kilavuka said, will remain operational to offer emergency services and supplies.

Customers affected by the suspension can change their bookings for later travel or get vouchers for future travel within 12 months.

“We also recognised that these sudden changes have greatly inconvenienced many of our customers and we would like to apologise sincerely for this but hope that we will come back stronger than ever in due course,” said Mr Kilavuka.

Kenya on March 13 confirmed its first case of the coronavirus. The cases have since jumped to 16 while racing to contact 363 individuals who came into contact with those who have tested positive.

The travel restriction is set to worsen KQ’s already precarious financial position.

The National Securities Exchange-listed firm made a net loss of Sh8.5 billion in the half year ended June, more than doubling the net loss of Sh4 billion the year before as costs rose faster than revenue.

The loss saw the company’s negative equity widen to Sh16.1 billion from Sh2.4 billion, underlining its capital crisis.

Turnover in the review period rose to Sh58.5 billion from Sh52.1 billion, representing a 12.2 percent increase.

Source: https://www.businessdailyafrica.com/corporate/companies/KQ-stays-on-domestic-routes-as-other-flights-grounded/4003102-5501882-86j00iz/index.html