The Ministry of Foreign Affairs and Regional Integration in Ghana has issued a travel advisory cautioning Ghanaians in Mauritius with tourist visas against engaging in employment activities in Mauritius.
This advisory comes in response to Mauritius’ government issuing an employment restriction on foreigners without work permits.
“In view of this, the Ministry of Foreign Affairs and Regional Integration wishes to advise Ghanaians who travel to Mauritius on tourist visas not to engage in menial jobs in the construction and hospitality sectors without being issued with a work and residence permit.”
Ministry of Foreign Affairs and Regional Integration
This is due to Mauritius’ employment restrictions, which state that non-citizens are not allowed to engage in any occupation for profit or reward unless they have a valid work and residence permit.
The advisory warns that foreigners caught working in Mauritius without a valid work permit are liable to a prison term of five years.
The Ministry of Labour, Human Resource Development and Training of Mauritius has informed that its employment restrictions act indicates that non-citizens would not be allowed to engage in any occupation for profit or reward unless issued a valid work and residence permit.
Additionally, work permits are predicated on the issuance of a residence permit by the Passport and Immigration Office (PIO) as the work permit is null and void if a residence permit is not granted to the foreign worker.
In the advisory, the Ministery cautioned Ghanaians in Mauritius with tourist visas to stop engaging in employment activities in the Indian Ocean Island country.
The Non-Citizens (Employment Restrictions Act)
The Non-Citizens (Employment Restriction) Act in Mauritius imposes regulations on non-citizens, including foreign spouses, regarding their employment activities within the country.
Specifically, it mandates that non-citizens, including those who are the spouses of Mauritian citizens, must apply for Work and Occupation Permits to engage in employment. This requirement was introduced through the Non-Citizens (Employment Restriction) Amendments No. 1 and Amendment No. 2 Regulations 2019.
For existing employees who are spouses of Mauritian citizens, a moratorium period of 3 months was initially provided, allowing them to continue their employment without the need for new permits after the regulations came into effect.
However, for employers of non-citizens who are spouses of Mauritian citizens and wish to continue employing them, they must apply for and obtain a permit under the Non-Citizens (Employment Restriction) (Work Permit) Regulations 2017 within 3 months from the same date.
The Act applies to a wide range of occupations and industries, requiring non-citizens to secure a WOP before starting any form of employment. This includes jobs in the construction, hospitality, and various other sectors.
The process for obtaining a Work and Occupation Permit (WOP) typically involves the employer applying on behalf of the non-citizen worker, after which the Immigration Department conducts a thorough check to ensure compliance with the Act’s requirements.
Non-compliance with the Act, such as employing a non-citizen without a valid WOP, can result in severe penalties, including fines and imprisonment for both the employer and the non-citizen worker.
This legislation is designed to ensure that all employment activities by non-citizens in Mauritius are conducted within the framework of the law, thereby protecting the rights of both Mauritian citizens and foreign workers.
This legislation reflects a broader effort by Mauritius to regulate the employment of non-citizens, aiming to protect the local labor market and ensure compliance with immigration laws.
It’s important for foreign workers who are not spouses of Mauritian citizens to understand and comply with the Non-Citizens (Employment Restriction) Act to avoid legal and financial consequences. Non-compliance can lead to significant issues, including the termination of employment, legal action, and even deportation.
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