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Country Report for TRINIDAD AND TOBAGO

For the project entitled

Project #002 Study on Temporary Entry Regimes in CARIFORUM and selected EU States

Report prepared for the Caribbean Regional Negotiating Machinery

July 2006

40 OConnor Street, Woodbrook, TRINIDAD 868-628-4478 (T) 868-622-8936 (F) dykon@tstt.net.tt dykondevelopments.com Development is our Business

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TABLE OF CONTENTS
Page No. I. Executive Summary
Introduction Key Findings 3 3

II.

Work Permits
Transparency Requirements Work Permit Policy/Framework Application Procedure Processing of Applications Economic needs Test/Labour Market Requirements Ultimate Decision regarding granting of Work Permits Special Exemptions/Special Rules Flow Chart Work Permit Procedure Flow Chart Procedure for Self Employed Persons Duration of Long Term/Short Term Work Permits After the Application Procedure Legislative/Regulatory Regime Governing Work Permits Flow Chart Renewal Process 5 5 5 7 7 7 7 8 9 10 10 11 12

III.

Visas
Transparency Requirements Application Procedure Visa Requirements for Different Countries Visa Waiver Processing of Applications After the Application Process Legislative/Regulatory Regime Ministerial Discretion 13 13 14 15 15 15 15 15

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I.

EXECUTIVE SUMMARY
Introduction
The basis for this report is the development of a detailed inventory of the procedures and processes governing the temporary entry of foreign personnel in each CARIFORUM state, including: the official contact point(s) or responsible agency(ies) for mode 4 matters in each country a catalogue (electronic or hard copy) of the relevant laws, regulations and administrative procedures governing temporary entry at the national level for the categories of natural persons mentioned above information on any Ministerial discretion that may exist regarding work permits or visas for temporary entry indicating any criteria for the exercise of this Ministerial discretion details of the appellate process, if any, in CARIFORUM countries details of any Economic Needs Tests or labour market requirements existing in CARIFORUM states for the granting of temporary entry.

Key Findings
1. The processing of work permits is done by the Ministry of National Security and decisions on work permits are made by a committee comprising of persons from the Ministry of National Security inclusive of its Immigration Department, the Ministry of Labour Small and Micro Enterprise Development, the Ministry of Trade and Industry, the Ministry of Energy and Energy Industries and a Representative from the Tobago House of Assembly. The Permanent Secretary of the Ministry of National Security chairs the committee and there is another representative from the said Ministry who is the secretary of the committee. 2. The procedure for the processing of work permits is separated from that for the processing of visas. 3. The Ministry of Foreign Affairs in collaboration with the Immigration Office of the Ministry of National Security does the processing of visas. 4. The processing of certificates for Graduates of the University of the West Indies, Musicians, Artistes and sports persons in CARICOM is done by the Ministry of Foreign Affairs under the CSME. 5. Persons do not require work permits to work for periods of one month and under if the person has not been in the country for the past twelve months. 6. The information on temporary entry into Trinidad and Tobago is widely available within Trinidad and Tobago, and of course its foreign offices.

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7. For anyone that is not a citizen of Trinidad and Tobago, temporary resident and is not a holder of a Trinidad and Tobago Passport, a work permit is mandatory, if they should desire to work in Trinidad and Tobago. 8. The granting of this permission to work in the country is administrated and regulated through the Ministry of National Security. 9. A work permit is required prior to landing but sometimes one can apply for a permit while in the country. 10. The process for the granting of work permits is relatively facilitative yet seeks to protect the interests of Trinbagonians. The Ministry of Labour, through the Chief Manpower Officer must be advised of available positions and is able to link this through the database of Nationals. 11.Work permits are granted for periods up to three years, and there are no distinctions in fees, which are based on length of stay. 12.A labour market test is required. Employers must advertise vacancies locally. 13.There are no special provisions or other requirements if one is self-employed. In order to work, one must have a work permit. 14.Exceptions are allowed for charity work such as UN, Peace Corps, University staff and so on, the only other are exceptional cases are for speeding up the processing time or the waiver of fees in special cases, as approved by the Minister. 15.In cases where a work permit is denied the application may be appealed by writing to the Commissioner of Labour who will then make recommendation to the Minister for a final decision. 16.Visas are not required for CARICOM nationals and nationals of the EU. The only country in the group being surveyed requiring a visa to enter Trinidad and Tobago is Haiti. 17. The legislation governing the issuance of Work Permits, and thus the ability of a non-National (outside of residency status) to work is the Immigration Act Chapter 18:01 Reg 10 (1)

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II.

WORK PERMITS
Transparency Requirements
Official Contact Point for processing of work permits is: Work Permit Section Ministry of National Security Temple Court 31-33 Abercromby Street, Port of Spain Trinidad and Tobago Fax Number 623-2154 Telephone Number 623-2441-8 Email Address: mns@tstt.net.tt

Work Permit Policy/framework


Information regarding the regime for a temporary entry work permit is available from the Ministry of National Security. There are set guidelines to follow in applying for a work permit and a copy of the guidelines was given to the consultants.

Application Procedure
The procedure is the same for national and non-nationals of CARICOM countries. The employer is required to apply for the work permit. The work permit is required prior to landing in the country. There are prescribed application forms that can be obtained from the Ministry of National Security. An original and seven (7) copies of application forms have to be completed and signed by both the proposed employee and the prospective employer at sections 23 and 33 respectively. The application form has to be completed in its entirety, as incomplete applications will not be accepted. An application fee of TT$600.00 is payable to the Ministry of National Security, 31-33 Abercromby Street, Port of Spain. There is also a duration fee of $450.00 per month that is payable in advance depending on the duration of the work permit. There has to be a covering letter (original and 7 copies) from the prospective employer that sets out the reason for the request for a work permit and give reasons why a national cannot he hired. Supporting documents include: 1. Passport a copy of the passport will suffice i.e. pages that show the relevant information re applicant. 2. Curriculum vitae and proof of qualifications. 3. Work/contract documents giving details. 4. Two (2) character references, including one form a previous employer. Original and 7 copies each.

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5. A police certificate of character from the persons country of origin or place of domicile for the period of five years prior to the date of application. (Original and 7 copies each) 6. Three (3) passport photographs of the prospective employee. One has to be attached on top right hand corner of the first three (3) application forms 7. Specific labour market test: o Proof of advertisement which cannot be smaller than 3 x 5. The advertisement should include: Applicants are also required to submit a copy of the application to: Chief Manpower Officer, Ministry of Labour and Small and Micro Enterprise Development, Level 11, Riverside Plaza, Besson Street, Port of Spain. It is to be noted however that reasons for not advertising can be given e.g. the case of a director or president of a company coming to do work in the company o An evaluation report on applications received and interviews conducted should also be submitted It is to be noted that for work Permits for the Ministry of Energy and Energy Industries of the Republic of Trinidad and Tobago there are additional requirements that the Work Permit Department be furnished with: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Detailed resume (including academic certificates) for applicant Detailed description of applicant Copies of advertisements for positions in the local newspaper/s Detailed letter/document outlining reasons why understudy requirement must be waived Name/s of understudies Detailed resume (including academic certificates) for understudy/ies Detailed job description of understudy/ies Description of method used to select understudy/ies Detailed description of training programme for understudy/ies (classroom and on-the-job training) Competency to be acquired by the understudy/ies Time expected for acquiring such competency Detailed description of the method of assessment/evaluation of the progress of the understudy/ies with respect to the training proposed Organization Chart showing position of applicant and understudy/ies Supporting letter/document from the company hiring the applicant outlining in detail reasons for the need for applicant and expected outcomes from the assignment Copy of valid STCW 95 Certification Copy of valid Marine Licenses Proof of registration with the Land Survey Board of Trinidad and Tobago (in accordance with the Land Surveyors Act, 1996)

15. 16. 17.

It is required that all applications be sorted in order; Covering letter, Application form and supporting documents at the back. Eights (8) batches (Original and seven copies).

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Processing of Applications
Applications are processed by the Work Permit Section of the Ministry of National Security. It is to be noted that the advisory committee that makes recommendations on work permits has persons from the Ministry of National Security inclusive of its Immigration Department, the Ministry of Labour Small and Micro Enterprise Development, the Ministry of Trade and Industry, the Ministry of Energy and Energy Industries and a Representative from the Tobago House of Assembly.

Economic Needs Test/Labour Market Requirements


There is the requirement that the position for which the permit is being sought is advertised in the daily newspapers for at least seven (7) days and must be no less than 3 x5. (See application procedure for more details) The Ministry of Labour and Small and Micro Enterprise Development has a database for employment that can be used in the granting of temporary entry. The Ministry can pull from this database a listing of local persons seeking employment who possess the skills that the work permit is seeking to bring into the country. This information can then be given to the company requesting the work permit, detailing available nationals with the required skills.

Ultimate Decision Regarding Granting of Work Permits


The Work Permit Advisory Committee and the Minister of National Security make the ultimate decision about granting a work permit. The Work Permit Advisory Committee makes a recommendation to the Minister who gives the overall decision. In making the decision the availability of nationals for the position and the scarcity of skills are taken into consideration.

Special Exemptions/Special Rules


There are exemptions/special rules for certain categories of persons. They include academic and senior administrative staff of the University of the West Indies, teachers, doctors, nurses and technical experts employed by government ministries or statutory boards or quasi government agencies and non-profit charitable organisations. The exemptions are from fees but they need a work permit.

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WORK PERMIT PROCEDURE

TRINIDAD AND TOBAGO


EMPLOYER

Issues Work Permit

Sends Denial Letter

Submits:
Original receipt of the application fee Application Form (original and 7 copies) Passport Cover Letter from the prospective employer (original and 7 copies) 2 character references (original and 7 copies) Police certificate of character 3 Passport photographs Proof of advertisement Evaluation report of the application

YES

NO

Reviews and makes decision

WORK PERMIT SECTION

MINISTRY OF NATIONAL SECURITY


Sends Analysis and application

Makes Recommendation

WORK PERMIT ADVISORY COMMITTEE

APPLICATION FEE: TT$600 DURATION FEE: TT$450 TIME FRAME: SHORT TERM WP: UPTO 6 MONTHS LONG TERM WP: 6 MONTHS UP TO 3 YEARS

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PROCEDURE FOR SELF-EMPLOYED PERSON

TRINIDAD AND TOBAGO


SELF-EMPLOYED

PERSON

Issues Work Permit

Sends Denial Letter

Submits:
Original receipt of the application fee Passport Curriculum Vitae 2 character references Police certificate of character 3 Passport photographs

YES

NO

Reviews and makes decision

WORK PERMIT SECTION

MINISTRY OF NATIONAL SECURITY


Sends Analysis and application

Makes Recommendation

WORK PERMIT ADVISORY COMMITTEE

APPLICATION FEE: TT$600 DURATION FEE: TT$450 TIME FRAME: SHORT TERM WP: UPTO 6 MONTHS LONG TERM WP: 6 MONTHS UP TO 3 YEARS

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Duration of Long Term/Short Term Work Permits


Work permits are granted for period of three years and under in the first instance. In the event that there is a genuine need for a longer period, the case can be made and a longer period granted. Two types of permits are granted: a) b) Long Term for six months to three years and Short Term for six months and under.

After The Application Process


As has been stated the costs are TT$600.00 and a monthly duration fee of $450.00. When the permit is approved the fee of TT$450.00 per month or $5,400.00 per annum (if the stay is a year) must be paid and the receipt produced in order to collect the work permit. The fee has to be paid to the cashier, Ministry of National Security, 31-22 Abercromby Street, Port of Spain. When a work permit is refused, a letter to this effect is immediately dispatched to the applicant. If unsuccessful there is the right of appeal. This is not a legal right embodied in the act but the company can write and must give additional information by means of a letter to request reconsideration. The procedure for renewal is as follows: 1. Applications should be submitted at least one (1) month before the expiry date of the current work permit. 2. When a work permit has expired and the application for extension is made no later than six (6) months after the expiration date, an application form would not be required. There is still the need however for the applicant to apply for a work permit. The following documents should be submitted; a. Covering letter from the requesting company/prospective employer stating why the extension is required and also naming the national who is understudying that position original and seven (7) copies b. Original receipt of the application fee of TT $600.00 from the Ministry of National Security, 31-22 Abercromby Street, Port of Spain. c. Tax clearance Certificate C from Inland Revenue (original and seven (7) copies) d. A copy of the last work permit (8 copies) e. A copy of advertisement which cannot be smaller than 3 x 5. The advertisement should include Applicants are also required to submit a copy of the application to: Chief Manpower Officer, Ministry of Labour and Small and Micro Enterprise Development, Level 11, Riverside Plaza, Besson Street, Port of Spain. For the Ministry of Energy and Energy Industries of the Republic of Trinidad and Tobago there is the additional requirement that the Work Permit Department be furnished with:

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Detailed letter/document outlining reasons for extension of Work Permit Letter/document outlining why understudy/ies is/are not yet considered prepared to occupy position Copies of Assessment/Evaluation of understudy/ies

Legislative/Regulatory Regime Governing Work Permits


The legislation requiring that non-nationals have a valid work permit to work in Trinidad and Tobago is described under the laws of the Republic of Trinidad and Tobago Immigration Act Chapter 18.01 Reg. 10 (1). It is to be noted that subsection 1 requires that non-nationals should not be employed without a valid work permit.

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RENEWAL PROCEDURE

TRINIDAD AND TOBAGO


EMPLOYER

Issues Work Permit

Sends Denial Letter

Submits:
Original receipt of the application fee Cover Letter from the prospective employer (original and 7 copies) Tax Clearance Certificate C (original and 7 copies) Copy of last work permit (8 copies) Proof of advertisement

YES

NO

Reviews and makes decision

WORK PERMIT SECTION

MINISTRY OF NATIONAL SECURITY


Sends Analysis and application

Makes Recommendation

WORK PERMIT ADVISORY COMMITTEE

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III. VISAS
Whereas visas come under the direction of the Ministry of National Securitys Immigration Division, some of the actual processing is done by the Ministry of Foreign Affairs. The Immigration Department has the responsibility for enforcing the visa requirements. There is a prescribed application form that is used at all missions. It is in a sense a type of vetting as it attempts to gauge the financial means of the visitor. Visas are required prior to coming to the country.

Transparency Requirements
Official Contact Point for processing of VISAS is: Immigration Building 67 Frederick St. Port of Spain Trinidad and Tobago Telephone Number 625-3571 Fax # 623 -7520 Web site: www.immigration.gov.tt An entry visa does not permit a foreign person to work in Trinidad and Tobago. It only gives the person permission to enter the island for a specified period as long as the said person satisfies the immigration requirements. If the intent of the visit is to work there is a requirement for the person to apply for a work permit.

Application Procedure
The individual wanting to have a visa has to apply to the mission or high commission or honouree council in the country from which they are coming. In instances where Trinidad and Tobago does not have a mission or high commission or honouree council, the British will act on our behalf. The application has to be completed on the prescribed application form. Application forms are available on the internet. Supporting documents include: Passport One (1) passport size picture Return ticket and in some cases travel itinerary If the purpose of the visit is work, a work permit is required Letter of employment that will confirm that the person is going back to a job References in Trinidad and Tobago if any A fee of TT$50.00 is payable for every entry into the country. One entry is valid for one time period. A person can apply for a number of entries. E.g. If the person is

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in the country for a period of two years (e.g. studying, etc ) but intends to leave the country and re-enter three times during this period, he/she will require three entries. The sum of $150.00 (3 x $50.00) is paid. Each entry is TT$50.00 There is the requirement that persons apply for the visa two weeks before the schedule arrival date in Trinidad and Tobago. Persons from Albania, The Peoples Republic of China, North Korea, Cuba, Viet Nam and Yugoslavia have to apply four weeks before the intended departure date.

Visa Requirement for Different Countries


Persons from the following countries are exempt from visas: 1. The countries of CARIFORIUM excluding Haiti ( Haiti requires a visa) 2. The original countries of the European Union no decision yet on new members 3. Those countries with which we have visa abolition treaties will not require visas to come here for vacations of up to 90 days e.g. Venezuela, Brazil 4. Countries of the commonwealth except: Australia Cameroon Fiji India Mozambique New Zealand Nigeria Papua New Guinea South Africa Singapore Sri Lanka Tanzania 5. Americans if they are in the country for up to 3 months. If they are in the country to work they need one. Persons from the following second schedule countries must have visas: Albania Bosnia Herzegovina Cuba Croatia Macedonia Slovenia North Korea Republic of China Viet Nam

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Visa Waver
This is given at the Ports of entry in Trinidad and Tobago. It is supposed to be granted in cases of emergency and facilitates persons who cannot obtain a visa from where they are coming there may not be a nearby T&T consulate or British embassy. For countries that are second schedule countries that require visas, the visa waiver does not apply.

Processing of Applications
Persons require visas before entering the country and the Ministry of Foreign Affairs in the embassy, high commission or councils, does the processing. Where there is no T&T representation, the British embassy will act on behalf of Trinidad and Tobago. It is to be noted that in certain of Trinidad and Tobagos embassies or missions, where there are immigration attachs, the decisions on the visas are made there. Areas with immigration attaches include New York, Washington, Canada and Miami. In areas that do not have immigration attaches, there is the need for the application to be sent to the British embassy that can approve it in conjunction with the Immigration Division in Trinidad and Tobago. Persons in Trinidad and Tobago who need visas to come back in the country, etc. can apply directly to the Immigration Division in Trinidad and Tobago. The actual processing of applications in Trinidad and Tobago is done in three to four days.

After the Application Process


As has been stated, visas are granted for one entry but persons can apply for more than one entry depending on their circumstances and need to visit and leave the island. If e.g. the visa is for three entries and the person requires another entry, the person will have to apply for a visa. Each new entry requires the payment of TT$50.00.

Legislative/Regulatory Regime
The relevant law pertaining to VISAS is the laws of the Republic of Trinidad and Tobago Immigration Act Chapter 18.01. The relevant regulations are 13 (5) for Visas and 13 (9) for visa waiver.

Ministerial Discretion
Under Regulation 10:14, the Minister can exempt any person or class of persons from any of all the requirements and may direct substitutions of such further or other requirements in determining the admission of persons to Trinidad and Tobago.

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