Occupational Permit Vs Residence Permit

Would like to hear your kind advice  :)

Knowing that a foreigner could apply Permanent Residence Permit by buying PDS property worth over USD500K, the owner's spouse and kids under aged 24 will be also entitled to this permit?!

Would like to know if the owner/spouse still need to obtain OP any more if they want to run self employed business like simple sport coaching after PDS residency? 

Thanks a lot

Below are what I found:
Occupation Permit (OP) – a combined work and residence permit that allows foreign nationals to work and reside in Mauritius through an Initial investment of $100,000 in a business activity that should generate an annual turnover of at least MUR2 million (circa $58,000) for the first year and cumulative turnover of at least MUR10 million for the subsequent two years.

Residence Permit (RP) – a residence permit that allows foreign nationals to reside in Mauritius through the acquisition of a residential property under the Property Development Scheme (PDS) when he/she has invested more than $500,000 or its equivalent in any freely convertible foreign currency.

In your case, you would rather look at Self-Employed OP and not Investor.

We had a similar issue very recently. And according to BOI, if you have a PDS and running an activity alongside, then you need a permit for that activity too. 

The Legal-sense
One person cannot have two different residency permits (what if their duration differ? for example) as each permit has a different framework and conditions... It's like having Five Aces in a pack of cards.

The Common-sense:
You require an OP if this is the only basis on which you reside on the island. Any foreigner can open a company here, but would only be subject to OP if he wants to stay on the basis of this business. This said, you already have a residency through PDS - therefore your business is not the only basis on which your residency relies. In that sense, no additional OP is required....

The Challenge:
Make someone understand this at the EDB.

Hi, you do pose an interesting question as we have RP through investment in property (just received today), but at some point after relocating to MRU I'd like to continue my professional trade too.  I understood that if you have an RP you are allowed to work too, but am not sure if this is actually the situation.  Also, if you may work when you have a RP, may you be self-employed or employed?

Our RP is for both my spouse and I as the property is in both names and the children receive it whilst they are dependents up until 18.  Thereafter if they remain dependents, they need to apply for extensions on their RPs.

I'll look forward to reading your threads
Viv

I have raised the question to the authorities and requested a written answer. It never came. I'll try again and post anything material here.

Interesting! We also want to ensure our son has the residency permit when he becomes an adult in Mauritius. Yes through the PDS, spouse and kids will be entitled to the RP.  Can we add our son's name to the property when he is 18 (he is only 10 now)?  After all, the property will be passed on to him at some points.  Anyone knows about how the RP works after the kids grow up?

Does this mean if RP is obtained through PDS, the foreigner can still run a business, but we only need to apply that particular business license and no more OP is needed, that make sense to me, is it the case for Mauritian Govt..

Thanks for your kind advice.
Annie

Johns_HK :

Interesting! We also want to ensure our son has the residency permit when he becomes an adult in Mauritius. Yes through the PDS, spouse and kids will be entitled to the RP.  Can we add our son's name to the property when he is 18 (he is only 10 now)?  After all, the property will be passed on to him at some points.  Anyone knows about how the RP works after the kids grow up?

Does this mean if RP is obtained through PDS, the foreigner can still run a business, but we only need to apply that particular business license and no more OP is needed, that make sense to me, is it the case for Mauritian Govt..

Thanks for your kind advice.
Annie

The kid will be on his own at 24 (prior to that he is still considered dependent).
By that time, you can think of integrating him as the owner of the property.

If RP is obtained through PDS, then you apply for the business and get the relevant licenses to operate it. Only those who need an OP under the business are subject to the conditions of the BOI. If you ask the BOI they will tell you that you need to apply for Investor permit, but that's not legal.... anyone can open a business and does not necessarily need an OP to have a business in Mauritius. IF you 3 persons from the BOI, you will get 3 different answers. The Legal and truth is:

(a)  Anybody can invest and open a business in MAuritius
(b)  If you are not resident, then you will need to appoint a resident director. Through PDS you are already a resident of Mauritius
(c)  There's no need to make USD100,000 investment unless you rely on this business to have residence. Which is not your case.
(d)  Certain businesses have their own license / operational framework (tourism, for instance) - which you need to obey

Thank you for your valuable advice :)

Hello.
Can someone please tell me the duration for a work permit.

Thanks

Gracekelly1000 :

Hello.
Can someone please tell me the duration for a work permit.

Thanks

Depends on your prospective employer and his requirements as per the application of and reasons for said work permit to hire a non-local to do the work.

Noted with thanks. However company has quota and lodging permit. Yet taking more than 3 months to process the application.

So is your question about:

1. How long does  a work permit ( duration) last ?
 
OR

2. How long does it take for the Ministry of Labour to process an application  for or to  deliver a work permit?

VivvZ :

Our RP is for both my spouse and I as the property is in both names and the children receive it whilst they are dependents up until 18.  Thereafter if they remain dependents, they need to apply for extensions on their RP
Viv

(a) So You bought under the 500k  PDS scheme but as a joint property, or did the amount double to $1 million to allow the  joint names ownershio?

(b) Therefore you avoid problems of continuity if one of you dies, the RP is already vested in the second person.

(c) Since  a PDS gives permanent residency to dependants until age 24, why do you mention only up to age 18?

I was advised to form a Mauritian SPV company recognised by PDS and have the property 500K belong to the company, with myself as  director shareholder and the wife as a simple shareholder, with the proviso that on the death of myself, the company would belong to my wife and hence she would now shift from Dependant's Pass to RP on her own name...children following until age 24. In  our case we wish to school our children in Mauritius full time.

Hi, thinking of relocating to Mauritius. We don't like to live in expat only enclaves, but a more mixed neighbourhood and be close to open space, national parks etc. How does Black River stack up?

Hi Peter

We own the property jointly and it was more than USD 500K but not double (for two RPs).  I used the “18 year” somewhat randomly just because we typically associate 18 years with no longer being a dependent but with respect to this issue it is 24.  We were not advised to form a company of any sorts with respect to the property

Regards

Thank you very much. There seems to be some conflicting views on the formalities...but I am very pleased  to get your reply. In a lmodern states, there actually is nobody who knows all the rules and regulations.....if only there was. But it is good to know from concrete examples. Many Thanks

How long does the Ministry of labour takes to process a visa?

Hi All,
My first post in this forum so I hope i'm posting in the right place.
My question is - if I were to apply for a Residence permit as a retired non citizen, I understand I have to pay $1500 per month into a Mauritian bank account for 3 years. Am I allowed to use that $1500 for monthly living expenses or, at the end of 3 years do I need to have $54000 in that bank account?

Many thanks in anticipation of your replies

I am quite sure you can exactly use that for monthly living expenses. I have not tried this out, but the requirement 1500 x 12 is actually to force you to bring capital in the country. If you spend it in the country, it stays here...maybe someone else would answer different?

garyclarke1962 :

Hi All,
My first post in this forum so I hope i'm posting in the right place.
My question is - if I were to apply for a Residence permit as a retired non citizen, I understand I have to pay $1500 per month into a Mauritian bank account for 3 years. Am I allowed to use that $1500 for monthly living expenses or, at the end of 3 years do I need to have $54000 in that bank account?

Many thanks in anticipation of your replies

Since a retired non-citizen permit does not give the holder the right to work in the country, and it is imperative that their funds be sourced from outside of the country, that monthly $1500 is proof that you  have funds from abroad to live on the island.

At the end of 3 yrs, and should you like to renew your resident permit  you are required  to prove to the authorities that you have transferred at least $54K during the first three yrs of residency ( your local bank can provide you with the necessary papers for those transfers)

Hi,  I understand the funds need to come from abroad, but at the end of 3 years does it matter if there is $54000 in the account, or $0 in there?

Thanks

It does not matter how much is left in that bank account at the end of your 3 yr permit.
Before you are granted said permit , you will have to show that you have enough funds overseas to support yourself ( and family) [at] $1500/per month for 36 months on the island.
If you need to renew said resident permit  , that's when you will have to show proof that you DID transfer $54K  during your stay ( that is 3 yrs) .

Zero IMO. They are not asking you to save 18K PA, but to remit and spend it if you wish.

This is probably a silly question then, but what is to stop you taking the $1500 out of the account every month, then paying it back in a day later? At the end of 3 years you would have paid $54000 in and still have the same $1500 left at the end.

Because your bank will have to give a certificate clearance for permit  renewal that will have to show you remitted 18K per annum. For sure you will need that to renew...and I don't know but others might, it's entirely possible you have show it annually.

They are not daft....................

I am the first one to admit that EDB’s guidelines are not couched in the best possible language. That said, the real idea behind the statutory requirement for a MINIMUM transfer of 1500USD /month, or any other amount adding to 18000USD/year is to ensure that the resident has sufficient means at his disposal – without having recourse to local employment.
Now, if a resident transfers funds in and out, leaving only 1500USD at the end of the year, as suggested by our friend, this will prompt up questions:
-    How did the resident survive in Mauritius?
-    Did he took up employment illegally?
-    Did he engage in illicit activities for survival ?
And then, this becomes a criminal matter to be investigated by the police, MRA and others.
Conclusion – Through the annual bank statements, the resident would need to show that he spent around 1500 USD / month for his upkeep. Anything less than that means that your permit won’t be renewed and possible trouble!
So, do enjoy life here by spending enough money…

Hi,

Does anybody have any clarity on satisfying the USD 18,000 P/A requirement with existing funds in Mauritius - Prior to applying for Residence Permit for retired persons and subsequent renewals ?

I already have a substantial amount in a Mauritian bank and intend to move more in the coming months.

It would seem silly to park these funds elsewhere in transfer the required amounts if and  when required.

EDB cannot answer this question.

jackie pretorius :

Hi,

Does anybody have any clarity on satisfying the USD 18,000 P/A requirement with existing funds in Mauritius - Prior to applying for Residence Permit for retired persons and subsequent renewals ?

I already have a substantial amount in a Mauritian bank and intend to move more in the coming months.

It would seem silly to park these funds elsewhere in transfer the required amounts if and  when required.

EDB cannot answer this question.

Is any one surprised?  :o

Joke apart.

Questions:

1. Did you call or email or go there in person?
sometimes right hand does not know what the left hand is doing and you will get different answers depending on who is responding to you.

IF I were you and, assuming that you have proof that you did make a transfer of funds from your country to Mauritius ( a confirmation from the bank where you do actually have that account ) I will make my request again in writing with that proof, insisting as to why it is rightful to consider that you can meet the requirements of having enough funds to meet the 3 yr retirement for a Retiree permit .

Please raise your concern as high as possible - EDB site has all the info on the who's who in that "country club of meritocracy "  :lol:

Hi everybody,

I'm new here and this is my first post. 

a) Just to confirm that the 18000USD proof for one year is for ONE person only?  In other words , if you are married, then you will have to show proof of 18k x 2 = 36 000USD that you bring into the country over one year?

b) after you have done this for 3 years, does this give you citizenship, or do you have to maintain this required sum of money, over how many years and until when, till you can finally apply for citizenship ?

c) what is the steps on the road to citizenship? 

Much appreciated
Pieter

Once again this highlights the amateurism  that has sipped into the bone marrow of administration at all levels. One cannot expect more with the 'jobs for the boys' policy everywhere.
I would request Jackie to draw the attention of the boys there to the following:
- your funds were 'foreign' when they landed in Mauritius earlier.
-these funds were not 'applied' towards satisfying residency purposes.
Let me know Jackie if you need help to make this clear to them.

""Applications for a residence permit under the Retired Non- Citizen (RNC) scheme should be filed with the Economic Development Board (formerly the Board of Investment). Eligible applicants should be aged 50 years or  above. Retired applicants should also prove their ability to transfer US$40,000 (or equivalent in any freely convertible currency) annually to an account with a Mauritian bank. A residence permit is issued for three years, after which time the retiree may apply for a renewal or for a permanent residence permit, which is valid for 10 years. Dependents of a retired non- citizen, including children under the age of 24, are also eligible to apply for a residence permit."""

After the first 10 years you can apply for another 10.

But with RNC, although it is a Permanent residency, its basically only valid in 10 years blocks until you can not satisfy the 40k UDS /year anymore......please correct me if i am wrong.

""You must submit your application to the Passport and Immigration Office (PIO) with the following original documents:
    The application form filled by the main applicant. Common-law partners and children over the age of 18 should also fill in a separate application form.
    Your passport with the bio-data and last entry visa pages.
    Your birth certificate (family record books are not accepted).
    Your marriage/cohabitation certificate or divorce certificate, if applicable.
    Four identical colour passport-size photographs of 3.5cm x 4.5cm (less than six months old).
    A medical certificate and a health assessment dated within the last six months. Children under the age of 12 will only have to submit a medical certificate.
    The document certifying adoption should be submitted for legally adopted children, and a certified letter of consent from the biological parents for stepchildren.
    A bank cheque of Rs5,000 payable to the Government of Mauritius per dependent."""""

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