Important: Non Citizens (Employment Restriction) Act amended

910POSTS

7 years ago

The Non Citizens (Employment Restriction) Act of 1970 has recently been amended and this concerns foreign spouses of Mauritian citizens who are not Mauritian citizens yet.

As from now, foreign spouses of Mauritian citizens who don't hold the Mauritian nationality, will imperatively need a Work Permit to be able to work in Mauritius.
Those self-employed are also concerned by this new amendment.

The amendment was approved on the 8 of March and published in the Government Gazette on the 21st of March.

A transitional period of 3 months has been granted to allow everyone concerned to comply with the new legislation.

2 members reacted to this post

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Shirl1 Active member

30POSTS

7 years ago

So how does all this work?聽 From what I have read, normally work permit is applied for before travelling to Mauritius - but many, including myself, are already here.聽 It is the company that applies if employed?聽 So we have to get this in place by 21st June?聽 Are they treating us like any other expat despite marriage to a Mauritian (in my case almost 30 years!)? Or are the rules different?

Any ideas of the rationale behind this?聽 I thought the government wanted to attract Mauritians who had gone overseas (and by default family including non Mauritian spouse will come with them!) back to the island.聽 This new rule, if I understand it correctly, does not seem to make sense in that context as many spouses will want and/or need to work, either employed or self-employed.

Where can I find a copy of the updated legislation and guidelines on how to proceed to get a work permit as spouse of a Mauritian?聽 Nothing on the work permit website refers to this and their guidance still says no work permit required for spouse of Mauritian.

Thank you.

WinstonH VIP Member

910POSTS

7 years ago

I don't have all the information pertaining to this as of now, so I will only answer the parts I know.
it will be possible to process the application with the applicant already in Mauritius. And all the procedures and payment will be undertaken by the employer. The employee concerned won't have to pay any fees or file any application himself/herself.
The new rule applies to all non-Mauritian spouses of Mauritian citizens, irrespective of how long they have been married.

Now regarding the rationale behind this, hard for me to tell. That said, the Non Citizens (Employment Restriction) Act has been around since 1970 and possibly was in need of an overhaul with respect to the new realities in Mauritius.
Part of the explanation given is that the former legislation contained too many loopholes that allowed and encouraged an increasing number of sham marriages between foreigners and Mauritian citizens.
Foreign students were also said to have used this loophole to come to Mauritius on student visa before seeking employment.
Some Mauritian employers have also used this route to bring in foreign workers after their initial request for work permits were denied.

This new law is unlikely to deter Mauritians abroad from coming back as the procedures are quite straight forward and work permits are unlikely to be refused to foreign聽 spouses, unless of course there are valid reasons to do so.

Either way, after living for 4 years under the same conjugal roof in Mauritius, all foreign spouses can apply for citizenship, after which he/she no longer require any permit.

I don't think the government website has been updated to include this yet. Speak to your employer about this. After all, he's the one to take care of all the formalities.

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Shirl1 Active member

30POSTS

7 years ago

Thank you for your comprehensive reply Winston.聽 Hopefully the mechanics of "how to" apply will become clearer and my employer will sort things out for me by the deadline which I presume is in June, and as you say, it will be fairly automatic unless the government suspects the application is not genuine.

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WinstonH VIP Member

910POSTS

7 years ago

Should be fairly simple. Your employer will have to get in touch with the Ministry of Labour and/or the Economic Development Board (not sure of they are concerned with this legislation as of now) to get things started. Get all your documents in order (medical certificate, certificate of character, marriage certificate, passport, etc) and it won't take long to get your permit. Well I guess.

Jiepay Member

14POSTS

7 years ago

hello, could you provide a link please to the document that explains it in details?

WinstonH VIP Member

910POSTS

7 years ago

No such link as of now, unfortunately. All the information I gathered was from an interview of the Minister of Labour and Industrial Relations.

Once it is published online, I will post it here.

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Jiepay Member

14POSTS

7 years ago

Thanks a lot.

AlbionAdventurer Member

12POSTS

7 years ago

Any ideas yet on how this will work for self employed spouses?

WinstonH VIP Member

910POSTS

7 years ago

#10

AlbionAdventurer wrote:
Any ideas yet on how this will work for self employed spouses?

No information regarding this yet.

Usually, self-employed permits are granted by the Economic Development Board under the Occupation Permit scheme. As of now, I'm not sure if they will be the one taking care of this or it will be under the aegis of the Ministry of Labour instead.

I suggest you contact the Employment Service of the Ministry for information.

Berger Du Tombeau New member

5POSTS

7 years ago

#11

Aditi_B Active member

39POSTS

7 years ago

#12

Ramzysings Member

1POSTS

7 years ago

#13

Hello guys, wanna ask if its possible to travel to Mauritius on a tourist visa, then after, search for a job and apply for a work permit?

WinstonH VIP Member

910POSTS

7 years ago

#14

Ramzysings wrote:
Hello guys, wanna ask if its possible to travel to Mauritius on a tourist visa, then after, search for a job and apply for a work permit?

This thread is about foreign spouses of Mauritian citizens seeking employment in Mauritius. I suggest you create another thread with your question.

Anyway here it is:

Not possible.

For a work permit, you will have to be outside the country while your future employer completes all the formalities.

For an Occupation Permit, if you have a business visa, you can stay in the country until you get your permit.

Shirl1 Active member

30POSTS

7 years ago

#15

I don't think it is clear what the practicalities for obtaining the work permit will be.聽 My employer has made enquiries (there are a number of employees impacted) but told us we need to wait for now.

Has anyone had any success with their employer applying under the new regulation?

Aditi_B Active member

39POSTS

7 years ago

#16

Not clear yet. The authorities are not taking in any of the applications at the moment and have also mentioned they will be issuing guidelines as to how those affected should proceed.

The current procedures under work permit and occupation permit are not completely聽 workable or practical for those having relied on the exemption to get a job and make a life for themselves in Mauritius.

We are hoping that the authorities will understand this and aim to protect foreign spouses through those much anticipated guidelines.

WinstonH VIP Member

910POSTS

7 years ago

#17

Hope they come up with the new guidelines soon enough.

That said, I fear the confusion regarding this will linger on for months though especially given that we are entering an electoral phase and things will get messed up quit a bit.

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Aditi_B Active member

39POSTS

7 years ago

#18

With a 3 month moratorium period - they should at least be taking out some guidelines soon. I anticipate a couple amendments to the law as well - which would potentially be more favourable to foreign spouses.聽
The outcry against the removal of the exemption has been quite impactful.

IMMOBILLIER MAURITIUS Contributor

123POSTS

7 years ago

#19

Hi everyone
What a policy! I am as shocked as many of us on this platform and i am yet to understand the motive of this policy. Can anyone explain why such a policy is been made in the first place?

I really wish to know if anyone has a clue
Thanks

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Aditi_B Active member

39POSTS

7 years ago

#20

In an interview the Minister has given - the idea behind this policy is to be able to keep an updated register of all non-citizens working in Mauritius - specially given sham marriages between some workers to Mauritians so as to be able to work without a work permit. There are, of course, more gradual ways to implement this but the Minister has opted for the blanket removal of the exemption.聽

Whether this is the real reason or not, I won鈥檛 comment on this - it is however the official reason. A lot of speculation has been drawn as to whether this amendment was not brought about in an attempt to put certain jockeys out of a job and the Gambling Regulatory Authority has denied those allegations.

The fact remains that compliance is now necessary but if I can also reassure you - my discussions with the authorities leave me to understand that there will be further amendments to this law where the exemption will be restored to certain categories of people and the procedure to be followed will be laid out.

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IMMOBILLIER MAURITIUS Contributor

123POSTS

7 years ago

#21

@Aditi
Thanks for the insightful response. I do agree with you that this is a gambling Authority. And this approach certainly will raise a lot of questions and opinions in the public locally and internationally.

I believe the country can do better than this.

Hopefully they'll look into it sooner than later because it is very clear that it's a gamble and not a realistic approach to do checks and balances of SPOUSE OF MAURITIANS in the workplace/workforce.

2019MUR Active member

38POSTS

7 years ago

#22

I personally don't see anything wrong聽 with this (and I am a spouse of a Mauritian citizen) and think it is in the country's best interest to implement this.聽 In most countries when a person gets a work permit/residency in that country it does not mean that the spouse is entitled to work.

IMMOBILLIER MAURITIUS Contributor

123POSTS

7 years ago

#23

These are developed counties and they certainly have their way around this type of policy

External ViP

2822POSTS

7 years ago

#24

2019MUR wrote:
I personally don't see anything wrong聽 with this (and I am a spouse of a Mauritian citizen) and think it is in the country's best interest to implement this.聽 In most countries when a person gets a work permit/residency in that country it does not mean that the spouse is entitled to work.

What does that get to do with someone who is married to a national of that country?
For sure , if one's husband/wife聽 is hired by a company in a foreign country, the spouse聽 won't be allowed to work as a dependent.

However, if one is married to a Mauritian and has decided to move to Mauritius, why is that person not allowed to live and work as a local?
Only the elites and wealthy ones don't need their spouse to contribute to the expenses of聽 the day to day living and don't care about it

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IMMOBILLIER MAURITIUS Contributor

123POSTS

7 years ago

#25

@2019MUR how does this statement of your "In most countries when a person gets a work permit/residency in that country it does not mean that the spouse is entitled to work." relate to the subject matter?

A spouse of a citizen should apply for work permit before he/she can contribute to its immediate responsibilities. Am so sorry but your opinion did not sit well in this regard

WinstonH VIP Member

910POSTS

7 years ago

#26

The issue here is not the law itself but mainly the lack of communication and poor implementation where everyone is thrown into the same boat and which leads to confusion and frustration

Like in this case, to combat sham marriages, the passport and Immigration Office could have been empowered to tackle this issue.

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Jiepay Member

14POSTS

7 years ago

#27

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Aditi_B Active member

39POSTS

7 years ago

#28

Here's an article about the current procedure in place:

WinstonH VIP Member

910POSTS

7 years ago

#29

The bill will be debated in the parliament today. There are talks about some modifications that will be brought but nothing certain as of now.

The confusion regarding this matter lingers on.

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Aditi_B Active member

39POSTS

7 years ago

#30

I have to correct you @Winston - the bill being debated in Parliament today is the Immigration (Amendment) Act which will effectively affect the application to acquire a residence permit in Mauritius.

The changes in the Non-Citizen (Employment Restriction) Act - which deals with work permits for foreign spouses- may be mentioned but won鈥檛 be up for debate. Those are already and currently effective under the last two amendments.

IMMOBILLIER MAURITIUS Contributor

123POSTS

7 years ago

#31

WinstonH wrote:
The bill will be debated in the parliament today. There are talks about some modifications that will be brought but nothing certain as of now.

The confusion regarding this matter lingers on.

The causal relationship of this policy is聽 the absolute confusion as a result of unrealistic judgement of whatever the main reason for the policy to be pass on in the first place.

And if they do not find away to resolve it, it will paint the country badly in the international community.

A similar policy was passed in 2015/2016 that student can no longer work in Mauritius and was later lifted. Lets hope this policy will also be lifted.

External ViP

2822POSTS

7 years ago

#32

https://s3-ap-southeast-1.amazonaws.com/lmwebstatic/wp-content/uploads/2019/04/Screenshot-2019-04-16-at-08.34.56.png

WinstonH VIP Member

910POSTS

7 years ago

#33

Aditi_B wrote:
I have to correct you @Winston - the bill being debated in Parliament today is the Immigration (Amendment) Act which will effectively affect the application to acquire a residence permit in Mauritius.

The changes in the Non-Citizen (Employment Restriction) Act - which deals with work permits for foreign spouses- may be mentioned but won鈥檛 be up for debate. Those are already and currently effective under the last two amendments.

True.

However the way I see it is that one will impact the other.

The extended powers that will be conferred to the PM (the way I understand it from an article in the press yesterday) under the Immigration (Amendment) Bill can ultimately be used to deny a work/residence permit and later on, right to citizenship, to someone married to a Mauritian citizen since the applicant will have no right of appeal before the court.

I might be wrong therefore I would like your insight on this.

Aditi_B Active member

39POSTS

7 years ago

#34

A residence permit can exist without a work permit but not the other way round.

If you are to apply for a work permit, your request for residence will also be considered at the same time. For foreign spouses, they are granted residence permits upon application once civilly married in Mauritius, their right to Residence in Mauritius could effectively be affected by this amendment which in turn would affect their right to work in Mauritius.

The citizenship application is a whole other application - it can鈥檛 be applied for without the person having resided in Mauritius for a certain period of time but the criteria for approving a cotizenship application goes beyond that of residence

Follow the debates on Parliament right now

WinstonH VIP Member

910POSTS

7 years ago

#35

Avery_Jerome wrote:
WinstonH wrote:
The bill will be debated in the parliament today. There are talks about some modifications that will be brought but nothing certain as of now.

The confusion regarding this matter lingers on.

The causal relationship of this policy is聽 the absolute confusion as a result of unrealistic judgement of whatever the main reason for the policy to be pass on in the first place.

And if they do not find away to resolve it, it will paint the country badly in the international community.

A similar policy was passed in 2015/2016 that student can no longer work in Mauritius and was later lifted. Lets hope this policy will also be lifted.

It won't necessarily paint the country badly in the international community but I will definitely have consequences of varying degrees on Mauritius - economic, social and demographic.

It can negatively impact the Mauritian diaspora whose members were looking forward to come work and invest in Mauritius. It will also affect Mauritians married to foreigners.

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IMMOBILLIER MAURITIUS Contributor

123POSTS

7 years ago

#36

WinstonH wrote:
Avery_Jerome wrote:
WinstonH wrote:
The bill will be debated in the parliament today. There are talks about some modifications that will be brought but nothing certain as of now.

The confusion regarding this matter lingers on.

The causal relationship of this policy is聽 the absolute confusion as a result of unrealistic judgement of whatever the main reason for the policy to be pass on in the first place.

And if they do not find away to resolve it, it will paint the country badly in the international community.

A similar policy was passed in 2015/2016 that student can no longer work in Mauritius and was later lifted. Lets hope this policy will also be lifted.

It won't necessarily paint the country badly in the international community but I will definitely have consequences of varying degrees on Mauritius - economic, social and demographic.

It can negatively impact the Mauritian diaspora whose members were looking forward to come work and invest in Mauritius. It will also affect Mauritians married to foreigners.

Still boils down to my point anyway.

Aditi_B Active member

39POSTS

7 years ago

#37

The Immigration (Amendment) Bill was passed so those changes are also soon going to be effective. The PM mentioned further changes to the Immigration regime as well.

It won鈥檛 affect current foreign spouses though.聽 They will retain their residence permits.

ElaineA New member

8POSTS

7 years ago

#38

interesting info.
thanks everyone

Aditi_B Active member

39POSTS

7 years ago

#39

Here is a communique taken out by the Ministry of Labour today announcing a grandfathering to the amendments brought to the Non-Citizens (Employment Restrictions) Act -

Foreign spouses already in employment prior to 08 March 2019 shouldn't be affected by the requirement of looking for a work permit although whether this will be applicable upon them looking for a new job or if there is an obligation still on their employers to register them remains unclear