Immigration and Emigration officers at the Bandaranaike International Airport (BIA) have urged the authorities to comply with the Supreme Court’s (SC) decision by reverting to the Electronic Travel Authorisation (ETA) system from the VFS e-visa system without any further delay, in order to avoid long queues for visa applicants.
The delay, they alleged, could result in serious economic losses as the country approaches the tourism season, which is expected to bring an influx of tourists. Although the process does not affect arrival visas, the officers anticipate significant delays due to the increasing number of applicants at on-arrival visa counters at the BIA.
Authorities should have been able to revert to the older ETA version within 24 hours, considering that the transition to the new e-visa system by VFS was completed within five hours. However, the Department of Immigration and Emigration has yet to restore the status quo as it was before the Cabinet decision, which re-enacted the previous ETA process.
‘The authorities must comply’
Speaking to The Sunday Morning, Sri Lanka Immigration and Emigration Officers’ Association (SLIEOA) President Jayantha Ratnayake said: “The SC has issued a verdict to restore the status quo as it was before the Cabinet decision was implemented on 17 April. They haven’t restored it yet.
“I was informed by one of the petitioners that they will approach the courts again if the authorities fail to revert to the old version. The authorities must comply with the SC decision.”
When asked whether there were technical difficulties in reverting to the previous ETA process, Ratnayake said the authorities had switched to the new e-visa system within five hours from the ETA system, which had been implemented for nearly 12 years, and should be able to do the same in reverse.
“They managed it within five hours when shifting to e-visa from ETA. Therefore, they should be able to shift back to ETA from e-visa just as quickly. The immediate supervising officer of the IT Branch of the Department of Immigration and Emigration, Controller IT Indika Herath, and the Controller General of Immigration and Emigration Harsha Ilukpitiya are responsible for implementing this,” Ratnayake emphasised.
“As a result of this delay, many foreign nationals are facing difficulties. They can’t enter, especially from countries like Pakistan, Iraq, Myanmar, and Nepal, which require prior visas before arriving in Sri Lanka. Other countries can obtain on-arrival visas, but several countries cannot. Even yesterday, one entrepreneur requested a VVIP passenger form from Bangladesh, but it was not possible,” he added.
It has been over a week since the SC issued an interim order halting the Cabinet’s decision to outsource visa application processing to the consortium led by GBS Technology Services, IVS Global FZCO, and VFS VF Worldwide Holdings Ltd. The court also directed the authorities to restore the status quo as it was before the Cabinet decision. According to the SC decision, this suspension will remain in effect until the petitions are fully resolved.
The two visa systems
The ETA, an online visa authorisation facility, was introduced by the Department of Immigration and Emigration of Sri Lanka on 1 October 2011 on a trial basis and became fully operational on 1 January 2012.
Initially, the ETA was limited to 30 days from the date of arrival and could be extended up to six months. Foreign nationals intending to visit Sri Lanka for a short stay of up to six months were required to obtain an ETA before their arrival from 1 January 2012. The ETA was issued through the online system at www.eta.gov.lk. No passport copies, documents, or photographs were required, and there was no need to endorse the ETA in the passport.
Previously, if an applicant intended to visit Sri Lanka for one month or less, they could obtain the ETA on the official website www.eta.gov.lk (before it was replaced by e-visa). For stays longer than one month, a visa had to be obtained at the Embassy of Sri Lanka.
Several months ago, the Department of Immigration and Emigration entered into a tripartite agreement with GBS Technology Services and IVS Global FZCO as the prime contractor and VFS Global as the technology partner for the new e-visa system, replacing the previous ETA. The cost of Sri Lanka’s visa fees has significantly increased with the introduction of the new e-visa system.
The new system added a $ 18.50 service charge to each visa and the single-entry $ 50 visa for 30 days, previously the least expensive option, had been discontinued. Previously, a double-entry visa cost $ 50 ($ 30 for South Asia) plus a $ 1 processing fee through the ETA portal. Now, the cost on the VFS Global website has risen to $ 100.77, including a $ 18.50 service charge and a $ 7.27 ‘convenience fee’.
The SC order
VFS Global, headquartered in Zurich and Dubai, and backed by Blackstone, the Kuoni and Hugentobler Foundation, and EQT, collaborates with 67 governments and operates over 3,300 visa application centres in 151 countries. Since its founding in 2001, it has processed over 285 million visa applications.
In Sri Lanka, VFS Global has been active since 2004, managing visa applications for 23 governments, including major countries and Schengen states. It operates six visa centres in Colombo and Jaffna and has processed over 3.2 million applications.
The new visa facilitation system, which replaced the previous quick ETA process, encountered new controversy over visa denials. Several fundamental rights petitions were filed in the SC challenging procedural violations and misuse of public trust by officials in the procurement of private entities to handle the ETA system for the issuance of visas for tourists visiting Sri Lanka.
After considering several fundamental rights petitions, including one filed by members of the Committee on Public Finance (COPF), MPs M.A. Sumanthiran PC, Rauff Hakeem, and Patali Champika Ranawaka; as well as another from Transparency International Sri Lanka (TISL); the SC suspended the e-visa system. The order was issued by a three-judge bench comprising Justices Preethi Padman Surasena, Kumudini Wickremasinghe, and Achala Wengappuli.
The petitioners challenged the procedural violations and misuse of public trust by officials in the procurement process for private entities managing the ETA system for tourist visas to Sri Lanka. The petitioners have named Minister of Public Security Tiran Alles, Ministry Secretary Viyani Gunathilaka, the Cabinet of Ministers, and other officials as respondents.
In this context, when The Sunday Morning contacted Public Security Ministry Secretary Gunathilaka, he said the Department of Immigration and Emigration was currently discussing with Sri Lanka Mobitel to revert to the old ETA visa process. “The discussions are ongoing, and we will act according to the SC decision,” he said.
When asked about the delay, Gunathilaka stated that the authority to implement the system lay with the Department of Immigration and Emigration, and added that there were no technical difficulties.
Meanwhile, addressing the media last Friday (9), Public Security Minister Alles stated that reverting to the old visa system was problematic due to changes in the IT system mandated by new regulations passed by Parliament.
Following the Supreme Court’s decision, discussions with Mobitel have revealed that the IT system’s switch-off prevents immediate reactivation of the old system.
Alles said that the reason for not reverting to the old system was the inability to simply switch back the IT system. He noted that new regulations may need to be passed or submissions may need to be filed with the Supreme Court.
The Attorney General is currently reviewing the situation. The Minister also said that their representatives had not been able to make submissions because they had not received the relevant case papers on time, with Mobitel facing similar issues.
Multiple attempts made to contact Sri Lanka Tourism Promotion Bureau (SLTPB) Chairman Chalaka Gajabahu were futile, while The Hotels Association of Sri Lanka (THASL) President M. Shanthikumar and Sri Lanka Tourism Development Authority (SLTDA) Chairman Priantha Fernando were both overseas.