Work permit for Mauritius

February 17, 2019
Mauritius Work Permit
A. Legislation
a. The grant of the work permit is governed by the Non-citizens (Employment Restriction) Act 1973 stipulates that a “non- citizen shall not engage in any occupation in Mauritius for reward or profit or be employed in Mauritius unless there is in force in relation to him a valid permit and he engages in the occupation”, or is employed in accordance with any condition which may be specified in the permit.
b. The Act also stipulates that “no person shall have a non-citizen in his employment in Mauritius without there being in force a valid permit in relation to that employment.” For this purpose, Work Permits for non-citizens are issued by the Employment Division of the Ministry of Labour, Industrial Relations, Employment and Training (MLIRET) under the Non- Citizens (Employment Restriction) Act 1973.
B. Permission in Principle
a. Companies wishing to recruit foreign labour in bulk have to apply and obtain permission in principle in the first instance and then apply for a work permit.
C. Eligibility criteria for work permit
a. Foreign workers should possess the skills, qualifications and experience required for the job applied for;
b. Foreign workers should normally be aged between 20 and 60 years. Departure from this policy is exceptionally made for investors and expatriates who possess specific expertise;
c. Visitors on tourist visa are not allowed to take up employment and applications for work permit on their behalf are not entertained;
d. For all new applications, expatriates have to produce a provisional health clearance. (see Annex 1). With regard to spouse of expatriate already in possession of a work/occupation permit and Divorcee of a Mauritian National who want to apply for a work permit they also have to submit a provisional health clearance.
e. In case of application for groups of workers and / or skilled workers, a request for Permission in Principle has to made to the MLIRET
f. For recruitment of foreign skilled workers, the employer should obtain a Lodging Accommodation Permit (see Annex 2) in respect of the dormitory
g. Companies should submit Lodging Accommodation Permit in respect of their workers at least 3 months prior to the expiry of their current Lodging Accommodation Permit
h. Companies should submit a copy of Contract of Employment duly vetted by the Labour Division of the MLIRET if salary of expatriates is MUR 30,000 or less. If salary is more, documentary evidence from the employer certifying that the expatriate will earn a monthly salary of more than MUR 30,000. (Annex 3)
i. Where the expatriate is being deputed and remunerated by a foreign company, a deputation letter has to be produced.
j. For new cases, expatriates are granted 6 months from the date of issue of the work permit to travel to Mauritius. Beyond that date, work permits will be cancelled and companies will be required to submit fresh application.
k. Companies should ensure that at the time of submission for applications for work permit, the passport copies of expatriates should have at least six months of validity.
l. Expatriates married to Mauritians do not require a work permit.
m. The Application Form for Work Permit together with all supporting documents as LISTED have to be submitted to the MLIRET. Incomplete applications, and those not accompanied by the required documents will not be accepted.
n. Applications submitted by recruitment agencies or third parties are not accepted.
o. Company will be required to submit any additional documents for information as and when requested by this Ministry.
D. ADDITIONAL INFORMATION
a. Applications for work permit from overseas companies will only be accepted if the companies are incorporated in Mauritius as a foreign company, under the Company Laws of Mauritius.
b. Foreign workers should have obtained both a work permit and a residence permit before travelling to Mauritius. Employers should, therefore, ensure that applications for Work Permit and Residence Permit are made simultaneously.
c. Expatriates employed at managerial/supervisory/technical levels may be allowed to work for a period of five years or more subject to full justifications being provided and upon their swearing an affidavit to the effect that they will not apply for Mauritian citizenship.
d. Foreign skilled workers are normally granted work permits for a maximum period of four years. In the Textile Manufacturing Sector, skilled workers are allowed to work for a period of 8 years, leave the country on expiry, stay abroad for 1 year and may come back to work for another 8 years.
e. For renewal of work permits, the employer should indicate any amendment in the terms of the contract of employment. If any, the employer should have the amendments vetted by the Labour Division of the Ministry of Labour, Industrial Relations, Employment and Training prior to submission of the application.
f. For certain grades, employers may be required, within 3 months from the date of issue of work permit, to appoint a suitable local counterpart to be trained by the expatriate during his/her posting in Mauritius. Employers should submit the name, address and qualifications of the local counterpart being trained.
g. The work permit specifies the period for which the expatriate is allowed to work in the country and is non-transferable.
h. Work permits are normally granted where a ratio of three local to one expatriate worker is satisfied. In the Textile Manufacturing Sector and as well as for Bakery Operators, the ratio is 1:1 that is one local worker to one expatiate.
i. The onus for the travel of foreign workers from their country of origin and back rests on employers. Employers are, therefore, requested to bear cost of the air ticket of their foreign workers from their country of origin to Mauritius and back after the expiry of their Work Permit, or for any cause whatsoever.
j. Companies should submit applications for renewal of work permits in respect of their workers 3 months prior to the expiry of their current work permits. In case the company will no longer employ the workers after expiry of their work permits, arrangements should be made within the shortest delay for them to be sent back to their country of origin;
k. In case no application for renewal is received prior to the expiry of the valid work permit, the Passport and Immigration Office will be duly notified and requested to take action as appropriate at its end; and
l. Applications for renewal of work permits received after expiry of current work permits will not be considered.
m. Models and professional entertainers including theatre, motion, picture, radio or television artistes, and musicians are no longer required to apply for a work permit for the purpose of performing public shows, or public broadcast for an aggregate maximum of 90 days ( continuously or not) in any one calendar year.
E. Exemption from Work Permit
a. The Employment (Non-Citizens) (Restriction) Exemptions Regulations 1970, stipulates that certain categories of expatriates are exempted from a work permit during his/her period of employment in Mauritius.
b. The categories of expatriates exempted from work permit can be consulted on the following link http://empment.labour.govmu.org/English/Pages/Legislations.as px
F. Duplicate Work Permit
a. In case of loss of a work permit, a duplicate work permit can be granted upon request and against payment of an appropriate fee, together with the following documents:
· Police Memo
· Letter from Company
· Passport sized photographs. The photographs should be between 35mm and 40mm in width and between 45mm and 50 mm in height and taken against a light background.
b. In case of a damaged work permit, the following documents have to submitted
· Original damaged work permit
· Letter from company
· Passport sized photographs. The photographs should be
between 35mm and 40mm in width and between 45mm and 50 mm in height and taken against a light background.
2.1.3 Certificate of Exemption
a. Expatriates employed by Ministries, Embassies, University of Mauritius, amongst others are exempted from work permit. Employers of eligible expatriates, falling under this category, should apply for a Certificate of Exemption
Checklists
3. Application for Individual Work Permit in respect of Professionals (New) – Paper Based
3.1 Documents to be submitted:
a. Applications for Work Permit should be submitted on the prescribed form.
b. Covering Letter from Company requesting for work permit for the expatriate
c. 4 Passport sized photographs. The photographs should be between 35mm and 40mm in width and between 45mm and 50 mm in height and taken against a light background.
d. Copy of relevant parts of passport showing name, date of birth, place and date of issue of passport, photo, passport number and movement for each foreign employee.
e. Where applicable, certified copies of academic, vocational and professional qualifications and details of work experience should be submitted in either French or English.
f. Job profile of each expatriate.
g. If the salary is MUR 30,000 or less, a copy of Contract of Employment duly vetted by the Labour Division of the MLIRET. If salary is more, documentary evidence from the employer certifying that the expatriate will earn a monthly salary of more than MUR 30,000.
h. A provisional medical clearance obtainable from the Ministry of Health and Quality of Life.
i. A copy of the Certificate of Incorporation and Business Registration Card of the company.
j. Original Press advertisements which have appeared in two leading newspapers in A5 size. Name of Newspaper and date of advert should be clearly visible on the press advert and outcome of selection exercise must also be submitted.
k. Latest National Pensions Fund (NPF) Receipt with list of local workers registered with the NPF.
l. Particulars of Licensed Recruiting Agent (Both local and overseas) and valid recruitment licence.
m. Turnover of the company for the last 3 years.
n. Deputation letter, where applicable.
o. Covering Letter from company specifying address of accommodation of expatriate.
3.2 Additional documents for specific sectors:
i. Bakery: Copy of valid Bakery Licence.
ii. Fishing Sector: Copy of valid Fishing Vessel Licence
iii. Tourism (Tour Operator), Hotels and Restaurants: Copy of valid Tourist Enterprise Licence delivered by the Tourism Authority and Latest receipt showing contributions to the Tourism Employees Welfare Fund.
For Restaurant:
§ Testimonials/Documentary evidence of
experience/expertise for at least 3 years in respective
field
§ Vocational qualifications in respective field
iv. Education: Copy of valid Certificate of Registration of Company with the Mauritius Qualifications Authority and/or the Tertiary Education Commission.
v. Freeport Sector: Copy of valid Freeport Certificate from the Board of Investment
vi. Offshore Sector: Copy of valid Global Business Licence from the Financial Services Commission
vii. Construction Sector/ICT/Engineering (for project basis): Covering Letter specifying the project on which the expatriate would be employed, Copy of Letter of award specifying completion date and value of project
3.3 Additional documents to be submitted in respect of the professions:
Jockey
a. Covering letter from stable.
b. Recommendation letter from Mauritius Turf Club (MTC) specifying current racing season and whether the jockey will be riding for the first time in Mauritius, and whether he is clear to ride.
c. In case the jockey has been riding in Mauritius in the past, his Disciplinary Records must be attached and the MTC should inform whether they have any objection to the employment of the jockey for the current season
d. A clearance from the Racing Club/Authority for which the jockey was actually riding, wherein the Club/Authority should inform that the jockey is not currently suspended, has not incurred any injury and is clear to ride.
Football/Basket Ball/Volley Ball/ Handball Players:
a. Covering letter from Employer.
b. Letter from the relevant Sports Federation specifying current season.
c. Clearance-International Transfer Certificate (required for new applications only).
4. Application for Individual Work Permit in respect of Professionals (Renewal) - Paper Based
4.1. Documents to be submitted:
Applications for Work Permit should be submitted on the prescribed form, 3 months prior to expiry of work permit.
Covering Letter from Company requesting for renewal of work permit for the expatriate
2 Passport sized photographs. The photographs should be between 35mm and 40mm in width and between 45mm and 50 mm in height and taken against a light background.
Copy of relevant parts of passport showing name, date of birth, place and date of issue of passport, photo, passport number and movement for each foreign employee.
If the salary is MUR 30,000 or less, a copy of Contract of Employment duly vetted by the Labour Division of the MLIRET. If salary is more, documentary evidence from the employer certifying that the expatriate will earn a monthly salary of more than MUR 30,000.
Latest National Pensions Fund (NPF) Receipt with list of local workers registered with the NPF.
4.2. Particulars of Licensed Recruiting Agent (Both local and overseas) and valid recruitment licence.
Deputation letter, where applicable. Turnover of the company for the last 3 years
Covering Letter from company specifying address of accommodation of expatriate.
Additional documents for specific sectors:
i. Bakery: Copy of valid Bakery Licence.
ii. Fishing Sector: Copy of valid Fishing Vessel Licence
iii. Tourism (Tour Operator), Hotels and Restaurants: Copy of valid Tourist Enterprise License delivered by the Tourism Authority and Latest receipt showing contributions to the Tourism Employees Welfare Fund.
For Restaurant:
§ Testimonials/Documentary evidence of
experience/expertise for at least 3 years in respective
field
§ Vocational qualifications in respective filed
iv. Education: copy of valid Certificate of Registration of Company with the Mauritius Qualifications Authority and/or the Tertiary Education Commission.
v. Freeport Sector: copy of valid Freeport Certificate from the Board of Investment
vi. Offshore Sector: copy of valid Global Business Licence from the Financial Services Commission
vii. Construction Sector/ICT/Engineering (for project basis): Covering Letter specifying the project on which the expatriate would be employed, Copy of Letter of award specifying completion date and value of project
4.3 Additional documents to be submitted in respect of the professions:
Football/Basket Ball/Volley Ball/ Handball Players:
a. Covering letter from Employer.
b. Letter from the relevant Sports Federation specifying current season.

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