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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