Work permit for a spouse of an occupation permit holder

Guys, no one knows about this?

Hello,

She can apply for a work permit provided she has a prospective employer who can provide evidence that her skills and competency cannot be found locally.

Not sure whether your permit can help her in any way whatsoever. We are talking of two different persons with different set of conditions and procedures here.

As a dependant she can apply for work permit provided she meets the requirements as set out by BOI / Ministry of labour. The procedure would be the same as any other foreigner applying for a work permit. Once she obtains her own permit you would have to cancel her dependant permit.

Hope this helps

New Regulations made by the Ministry of Labour in March/April 2019 requires the spouse of a Mauritian citizen to apply for a work permit within 3 months in order to be able to work.

Your wife can always apply for an occupation permit as a professional (same as you are applying for) even if she has a residence permit by virtue of being  your dependent. Just as was your case, her prospective employer will have to submit the paperwork for her to be able to get the relevant occupation permit and the process is straightforward.

As a dependent, she won't be able to work though and if she does without getting the right permit, she may be asked to leave the country.

Hello all

Thank you for all your responses and guidance.

She cannot apply for occupation permit as same as mine since her prospective employer is not paying her the minimum pay as required to apply for occupation permit. Hence her employer will apply for a work permit.

While her work permit application is in process - can she enter Mauritius with me ? I heard from someone that you need to be "outside" Mauritius when your work permits are being applied for. Wanted to confirm this.

Niral.

Hi Niral

The application for a work permit requires that an applicant not enter Mauritius until the work permit is granted.  If her work permit is currently in application, then it would be better for her to wait for the approval of same prior to coming to Mauritius as her right to acquiring a residence permit would be directly linked to her right to work under the work permit.

In case it is rejected, she may then come in as your dependent (but will not be able to work).

In this respect, the new amendments to the Regulations now provide for an exemption for existing non-citizens being spouses of a citizen of Mauritius, who were in residence and in employment as at 8th of March 2019.

The new regulations will only apply for non-citizens being spouses of Mauritian nationals who have been residing and working in Mauritius after the 8th of March 2019, and a moratorium of 3 months is granted to employers to obtain a permit in respect of such non-citizens under the Non-Citizens (Employment Restriction) (Work Permit) Regulations 2017.

The MCCI continues to work alongside the public authorities in order to ensure adoption of business-friendly guidelines for the application process of new non-citizens being spouse of a citizen of Mauritius, who take employment after the 8th of March 2019.

Hi Vipin,

You correctly state:-

"In this respect, the new amendments to the Regulations now provide for an exemption for existing non-citizens being spouses of a citizen of Mauritius, who were in residence and in employment as at 8th of March 2019.

The new regulations will only apply for non-citizens being spouses of Mauritian nationals who have been residing and working in Mauritius after the 8th of March 2019, and a moratorium of 3 months is granted to employers to obtain a permit in respect of such non-citizens under the Non-Citizens (Employment Restriction) (Work Permit) Regulations 2017.

The MCCI continues to work alongside the public authorities in order to ensure adoption of business-friendly guidelines for the application process of new non-citizens being spouse of a citizen of Mauritius, who take employment after the 8th of March 2019."

However, the way the new amendment has been drafted does leave it open to interpretation and in my view it should be made more clear.

The current amendment is here:- https://supremecourt.govmu.org/_Layouts … ?ID=343226

It firstly says:-

4A. The exemption granted under regulations 3(a) and 4(a)
shall apply only in respect of those non-citizens who, prior to 8
March 2019, were exempted from the provisions of section 3(1)
or (3), as the case may be, of the Act.

So spouses of Mauritian Citizens in Emoployment before 8th march are exempted.

However, it then goes on to say:-

7. (1) Subject to paragraph (2), an employer who, with effect from or any time after 8
March 2019, has in his employment a non-citizen who is a member of a class described in item I of Part I of the Schedule may, for a period of 3 months after the coming into operation of these regulations, have the non-citizen in his employment without there being in force a permit in respect of the non-citizen.

(2) The employer of the non-citizen referred to in paragraph (1) who intends to
continue to have the non-citizen in his employment shall, within a period of 3 months after the coming into operation of these regulations, apply and obtain a permit in respect of the non-citizen under the Non-Citizens (Employment Restriction) (Work Permit) Regulations 2017.

So given the above, one could interpret that spouses employed before 8th are exempt, Para 7 seems to contradict this by saying that any "in employment" after 8th March, then the Employer must apply.

Surely it should say any "employed" after 8th March.

Also, what happens if you change job with another company ?

A bit confusing to the non legal people like me.

S

Hi Sablo

If I may try and simplify it for you:

If you are a non-citizen of Mauritius and you have married a citizen of Mauritius:
(i) before 08 March 2019, you remain exempt from the requirement of a work permit when you want to work in Mauritius. You must, however, make sure to have a valid residence permit (or temporary one whilst your residence permit is being processed).
(ii) on or after 08 March 2019 and are not currently in employment, you will need to now apply for a Non-Citizen Spouse Employment Permit with the Ministry of Labour prior to being able to work in Mauritius. This permit is linked to the employer and so, if your employment changes, you will be required to reapply.
(iii) on or after 08 March 2018 and are currently in employment, your employer will have to ensure making the application for the Non-Citizen Spouse Employment Permit on your behalf BEFORE the prescribed deadline in law so that you may keep on working there. Once again, if you are to change employment, a new application will have to be lodged prior to doing so.

I hope this clarifies matter for you.

A

Hi Aditi_b,

Yes somewhat. But I am still confused.

I've been working here for the same employer for 4 years under a prof permit. I married my Mauritian fiance in 2017 and got the residence permit.

What confuses me is:

(iii) on or after 08 March 2018 and are currently in employment, your employer will have to ensure making the application for the Non-Citizen Spouse Employment Permit on your behalf BEFORE the prescribed deadline in law so that you may keep on working there. Once again, if you are to change employment, a new application will have to be lodged prior to doing so.

As I am still employed, does this mean my employer will have to still apply for the work permit for me?

S

Hi Sablo

If you got married in 2017, your Occupation Permit itself was no longer necessary as from the date of your civil marriage.

You are completely exempt from being required to apply for this new work permit. You can work in Mauritius, as would a Mauritian citizen, as long as your marriage and residence permit are both valid.

This new law does not affect those who married prior to 08 March 2019 so you have nothing to worry about

- A

Thanks Adita_b

Hello!

@Aditi_B - Where did you get this information from? I'm hearing lots of different things and just want to clarify and have the evidence from an official/ government website!

Please let me explain my situation:

My husband and I got married in Mauritius in August 2018 (he is already a Mauritian citizen and living in Mauritius, I am a British citizen).
I applied for a residence permit while I was there after I got married but I already had a ticket to go home back to the UK as I needed to work. My residence permit was approved some time ago but I have to be there in person to pick it up which I haven't done yet. I haven't been back to Mauritius yet as I have been in the UK working, the next time I want to go is when I move there officially. ( )

So, with all these new regulations I'm confused on the process and what I need to do before I come to Mauritius to live? What documents do I need to apply for now / what happens at the airport?!

Also, how long does a residence permit last? Do I automatically have the right to work with the residence permit I obtained at the time of getting married?

Sorry for all the questions, if anyone can help, I would really appreciate it!

Thank you!

Denz x

It is all very confusing........

My latest understanding is that you don't need a work permit if you were married before 8th March 2019.  My employer recently (last week) went to the ministry to get me a work permit.  When they looked at my marriage certificate, they said no need for work permit and wouldn't accept the application.  However the letter which accompanies my residence permit states that I cannot work without a permit - this letter is dated 15th April 2019.  A work colleague has a residence permit letter dated 28th March 2019 without this condition.  My employer and I are trying to get something in writing to say I don't need it as I have conflicting documentation.  The ministry won't give it saying that the law is the reference point.  I think the law was changing so much around this period that my residence permit came through at a point when I needed one and now I don't.  I may try to get a new letter issued from Sterling House (PIO spouse dept) but I don't know how that will go.

@Shirl1 - I do agree it was all very confusing but the matter seems to have settled now. I can confirm that what I said above stands true (after several calls and clarifications from the Ministry of Labour and those responsible fo drafting the new guidelines - http://empment.labour.govmu.org/English/Documents/Guidelines%20for%20non-citizen%20Spouse%20of%20a%20Mauritian%20National.pdf.

At paragraph 2.1 of that document, you will see that it clearly states that those married prior to 08 March 2019 continue to remain exempt from the requirements of a work permit. 

If you want confirmation, ,you may try and call the Residence Permit Section of the Prime Minister's Office - as they are the authority issuing residence permits to foreign spouses and also setting the terms and conditions to such a permit. They might be inclined to re-issue a new letter to you for your comfort. 

- A

Hi Denitzio

From what you're saying, you already have a residence permit waiting for you and you have been married before 08 March 2019. There's no further application that you need to complete in order to come work and live in Mauritius.

I would suggest you make sure you have a copy of your marriage certificate and of that written confirmation informing you that your residence permit is ready for collection, with you when you travel to Mauritius though.

The residence permit will be valid as long as your marriage remains valid but the authorities retain a right to investigate you and revoke the permit at any point should they believe that you are not a desired inhabitant of Mauritius.

- A

Shirl1... it sounds like you have a "dependant" permit, not a residence permit by way of marriage. If so You must apply for a permit on the basis of your marriage. You can then work.

https://supremecourt.govmu.org/Highligh … 010513.pdf

Thank you for your reply! x

Hello..I got married to a citizen of Mauritian in June 2018 and came to Mauritius in July 2018. After that i got my PR on 09th APRIL 2019. but PR shows that i am not allowed to engage in any employment. As per above reply i understand i am allowed to work without any work permit since i got married in 2018 but then why in my PR states that i am not allowed.

Hello..I got married to a citizen of Mauritian in June 2018 and came to Mauritius in July 2018. After that i got my PR on 09th APRIL 2019. but PR shows that i am not allowed to engage in any employment. As per above reply i understand i am allowed to work without any work permit since i got married in 2018 but then why in my PR states that i am not allowed.