Professional Documents
Culture Documents
Project #002 Study on Temporary Entry Regimes in CARIFORUM and selected EU States
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
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)
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.
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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
Makes Recommendation
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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PERSON
Submits:
Original receipt of the application fee Passport Curriculum Vitae 2 character references Police certificate of character 3 Passport photographs
YES
NO
Makes Recommendation
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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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
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RENEWAL PROCEDURE
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
Makes Recommendation
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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.
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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.
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.