Introduction
Foreign investment plays a pivotal role in Ghana's economic growth. Companies with foreign participation operating in Ghana must ensure that their expatriate employees are lawfully authorized to work within the jurisdiction. As such, a comprehensive understanding of Ghana's legal and regulatory framework governing corporate immigration is essential. This article aims to provide an in-depth analysis of the relevant laws to ensure compliance and facilitate seamless business operations.
Legal and Institutional Framework
Immigration in Ghana is governed by the Immigration Act, 2000 (Act 573) and the Immigration Regulations, 2001 (L.I. 1691). The Ghana Immigration Service (GIS) is tasked with overseeing the entry, residence, and employment of foreign nationals in the country. Other agencies such as the Ghana Investment Promotion Center, the Petroleum Commission, the Ghana Free Zones Authority, the National Communications Authority and the Minerals Commission also play important roles in immigration services as they pertain to their respective sectors.
Work Permit in Ghana
Corporate bodies with foreign participation may apply for a work permit from the GIS on behalf of their prospective foreign employees. There may be a need for companies in various sectors to additionally comply with regulations of their sectors with respect to obtaining work permit.
In an application for a work permit from the GIS, both the employers and the prospective employees must submit the required documents to the GIS. The documents required from the employer include:
- Application letter on company's letterhead
- Business Registration Documents
- Tax Clearance Certificate (for existing companies),
- Offer letter/Appointment letter/ Contract of employment
- GIPC Certificate (if required)
- Letter of support from Ministry, Department or Agency (if required)
The documents required from the foreign nationals include:
- Bio data page of applicant's passport
- Resume
- Medical Report to confirm fitness to work (to be done at GIS)
- Police Clearance Certificate from country of origin or current residence
- Educational and Professional Certificates
- Copy of previous Residence Permit (in renewal cases)
Automatic Expatriate Quota under the GIPC Act
Pursuant to section 35(1) of the GIPC Act, a company with foreign participation registered with the GIPC may apply for an automatic expatriate quota to enable its foreign employees lawfully undertake work in the country. The Act makes provision for the number of expatriate quotas a company may apply for based on the amount of its paid-up capital.
An enterprise which has a paid-up capital of not less than USD50,000 and not more than USD250,000 is entitled to an automatic expatriate quota of one person. A company with a paid-up capital between USD250,000 and USD500,000 is entitled to an automatic expatriate quota of two persons. With a paid-up capital ranging from USD500,000 to USD700,000, a company would be entitled to an automatic expatriate quota of three persons. An enterprise which has a paid-up capital of more than USD700,000 is entitled to an automatic expatriate quota of four persons.
The GIPC makes a decision on the application on the advice of the GIS and in consultation with the regulator in the relevant sector. It is important to note that the GIS may refuse to grant a visa to an expatriate to whom a quota relates, if it has sufficient reason to believe that that expatriate is not a desirable person who should be permitted to enter the country.
Residence Permit
Upon obtaining the automatic expatriate quota, the prospective employee is not authorized to commence work in Ghana until a residence permit has been duly issued. The application for the residence permit must be submitted to the GIS accompanied by the required documents, including the following:
- Two(2) recent passport pictures
- Copy of Non-Citizens ID Card
- Original Passport of employee
- Approved work permit/Automatic Quota
- Current Company Tax Clearance Certificate (for existing companies)
- Letter of support from regulatory body in specific sector (where applicable)
- Police Clearance Report from home country
- Medical Report
- Business Registration Documents
- Offer letter/Appointment letter/ Contract of employment
Time frame for Processing Applications and Renewal of Permits
The applications are typically processed within 3 to 4 weeks after all requisite documents have been submitted to the GIS.
Under section 23 of Act 573, a person who has been granted a work permit may one month before the expiration of that permit apply to the Immigration Quota Committee in the prescribed manner for the renewal of the permit and the application for renewal shall be treated as a fresh application.
Conclusion
Businesses seeking to employ foreign nationals in Ghana need a thorough understanding of the corporate immigration process. Compliance with relevant laws enables companies to effectively manage foreign talent and contribute positively to Ghana's business environment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
