Corporate Immigration 2023 Comparisons

In Senegal, immigration policy is governed by the Labour Code and Law No 71-10 of 25 January 1971 on the conditions of admission, stay and establishment of foreigners. Overall, Senegal has a fairly open migration policy. If needed, the employment contract will require a work permit issued by the Labour Directorate and, if the duration of the contract exceeds three months, the worker will have to apply for a foreign identity card.

That said, with the discovery of oil and gas in the country a few years ago, this thriving sector continues to grow alongside the decades-old mining sector, and the labour law is being shaped again, focusing on skills transfer. This will not only contribute to the development of Senegal’s economy, but also presents employment opportunities for the local community and business opportunities for local and foreign investors.

Indeed, since the discovery and exploitation of oil and gas deposits in the Senegalese sedimentary basin, there have been several legal and administrative innovations to cater to a rapidly developing new market. More specifically, with the local content laws (51% of the workers should be nationals) adopted in recent years in the oil and gas, maritime and mining sectors requiring an increase in local competence, particularly in the workforce, the landscape regarding the employment and recruitment of expatriate employees is becoming more restrictive and demanding, especially when the positions and jobs can be filled by nationals.

From an employment law point of view, it is expected that there will be upcoming changes to immigration laws with regards to the employment of expatriates in different sectors. Indeed, the upcoming reform of the Labour Code expected at the end of 2024 may reform and provide for criteria with regards to the recruitment of expatriate employees.

In the hydrocarbons sector, Law No 2019-04 of 1 February 2019 on local content in the hydrocarbon sector and the Decree 2020-2065 of 28 October 2020 establishing the modalities for the participation of Senegalese investors in companies involved in oil and gas activities and classifying upstream oil and gas activities in the exclusive, mixed and non-exclusive regimes already provide for specific limitations with regards to the recruitment of expatriate workers.

This trend is followed by the mining sector with Law No 2022-17 of 5 May 2022 on local content in the mining sector. The implementing decree is still awaited, so details remain unavailable for now.

Forthcoming reforms to the conditions governing the entry and stay of visitors to Senegal are not anticipated.

Sponsor-based employment visas per se do not exist in Senegal. However, if an employer wants to hire an expatriate worker, the work contract requiring the installation of such expatriate in Senegal requires an application for a work permit issued by the Directorate of Labour and Social Security. It is important to specify that this requirement is excluded for nationals of ECOWAS and for countries with bilateral agreements and member countries following Senegal’s ratification of the Lagos Treaty signed on 28 May 1975. This visa application is the responsibility of the employer, who must take the necessary steps upon the worker’s arrival in Senegal.

The file must be composed of the following documents:

• four copies of the work contract;
• four copies of a certified photocopy of the worker’s passport, notably the pages containing photo, date of validity of the passport and the stamp of arrival in the country;
• four copies of a criminal record extract less than three months old from the country of origin; and
• four copies of the medical examination certificate.

The approximate time limit for affixing the visa is 15 days. This process must be started as soon as possible and before the contract takes effect.

In addition, the unsponsored worker can ask for a foreign identity card. This card is compulsory for any foreigner staying in Senegal for more than three months. The worker must take the necessary steps with the Ministry of the Interior.

The worker must provide the following:

• an application addressed to the Minister of the Interior;
• a tax stamp of XOF15,200;
• three identity photos;
• birth certificate extract dated less than three months before arrival;
• criminal record extract from the applicant’s country of origin dated less than three months before arrival;
• copy of passport (identification page and date stamped with the date of entry into Senegal);
• medical certificate issued by a doctor established in Senegal;
• work contract approved by the Labour Inspectorate for employees as well as any other professional reference that the worker considers useful to justify their means of subsistence; and
• receipt of payment of the repatriation deposit (this amount varies according to the country and a minimum of XOF75,000 is required for this purpose).

If all the documents are in order, the Ministry will issue a receipt of deposit valid for six months. At the end of this period, the applicant must withdraw the card or request an extension of the validity of the receipt. For expatriate workers, this procedure must be started as soon as the work permit is received. Diplomatic personnel are not affected by this procedure.

Another option is the one resulting from bilateral agreements. Indeed, Senegal has concluded several agreements with different African countries and France, for example, which address workforce issues in the sense of their regulation and/or co-operation between the social institutions of the different countries. Thus, these agreements provide for and allow the establishment of nationals in the contracting states. For example, a convention on establishment has been concluded between Senegal and France which allows the nationals of each of the two contracting parties to carry out commercial, agricultural, industrial or artisanal activities as well as employed activities in the territory of the other party. The conditions of establishment are thus defined and determined by these conventions.

Please see 2.1 Sponsor-Based Employment Visas. Moreover, investment visas are not known to exist in Senegal.

The amended law No 71-10 of 25 January 1971 relating to the conditions of admission, stay and establishment of foreigners stipulates that foreigners staying in the Senegal with a tourist visa cannot be authorised to work as employees.

With regards to expatriate workers, they can generally work in any profession in Senegal but there is some restriction for certain sectors:

• nationality requirements;
• diploma requirement; and
• authorisation to work.

For example, to practise medicine you must have a medical diploma, Senegalese nationality and be registered with the Bar Association.

Senegal has not ratified Convention No 177 on home-based work, 1996, which justifies the non-regulation of home-based work. Hence, legislation on the subject is lacking. However, parties are free to choose to work remotely. During the COVID-19 pandemic, the Ministry of Labour issued a press release encouraging remote working.

It is understood that there are no prerequisite language requirements to obtain a visa. It should be noted that the official administrative language in Senegal is French. Nevertheless, the language is no requirement for obtaining a visa.

In order to have their visa, work permit or foreign identity card approved, the worker must undergo a medical examination and produce copies of the medical examination certificate. Regarding vaccination requirements, it is understood that there are no vaccination requirements for visiting or settling in Senegal. Nevertheless, certain vaccinations are strongly recommended, such as those against yellow fever, diphtheria, tetanus, whooping cough and poliomyelitis, hepatitis A and B (in the absence of recognised immunity), typhoid, measles for children, and rabies for longer stays.

It is understood that there are no minimum thresholds to be met provided that the minimum wage set out in the applicable collective agreements is respected. That said, there are mandatory allowances for expatriates that must be paid by the employer, such as housing allowance, travel allowance and mandatory legal provisions regarding paid leave, which is 60 days per year for expatriates.

Work permits are conditional on the signing of an employment contract with a specific employer. It is on the basis of the signature of the work contract, which must be submitted at the time of the application, that a work permit is granted or not.

The actual and approximate visa processing time for a work permit is 15 days. However, if, after this period, the General Directorate of Labour and Social Security has not made its decision known, the visa is deemed to have been granted.

The processing time for a foreign identity card is approximately 15 days to 30 days. When all the documents are in order, a deposit receipt valid for six months, and renewable, is issued until the residence card is available.

A person subject to the travel visa requirement for travel in Senegal will not be able to travel to Senegal without prior visa approval. However, certain nationalities may be exempted from the visa requirement but in this case the duration of stay may not exceed three months. At the end of the three months the foreigner must leave the country or apply for a foreign identity card.

No official procedure exists providing for an expedited/fast-tracked visa process.

Once the visa is approved for a certain duration, there are no additional requirements or steps to be taken by the individual, except for the renewal of said visa. Regarding the work permit, it is valid in principle for two years and has to be renewed after two years if necessary. Regarding the receipt, it is valid for six months and can be renewed at the Foreigners’ Police.

At the end of their stay in Senegal, the foreigner’s immigration file must be closed. This implies that:

• the holder or their representative notifies the Senegalese authorities, notably the Minister of the Interior, the Director of the Foreigners’ Police and Travel Documents; and
• the holder or their representative shall carry out the procedures for requesting the return of the repatriation deposit to the Caisse des Dépôts et Consignations.

The documents to be provided are as follows:

• an application form for reimbursement issued by the General Treasury to be filled in and signed by the Budget Directorate and the Border Police Directorate;
• the original receipt of payment of the deposit;
• a certified photocopy of the passport; and
• the registration form of the Directorate of Foreigners’ Police and Travel Documents (DPETV) indicating the amount of the deposit to be paid.

It is strongly recommended that expatriates leaving the country permanently do respect this obligation to close their immigration files.

There is no cost for an employment visa in Senegal. Regarding the residence visa, the cost includes a tax stamp of an amount of XOF15,200 and the payment of the repatriation deposit (this amount varies according to the country and nationality: a minimum of XOF75,000 is required for this purpose). For nationalities requiring an entry visa to Senegal of less than three months, there may be visa fees, which should be confirmed and checked with the consulates of the respective and concerned countries.

The costs of the foreign identity card are in principle borne by the employee and not the employer.

Authorities can take enforcement action against an individual where the individual stays longer than the duration of the visa. According to Article 9 of Law No 71-10 of 25 January 1971 on the conditions of admission, stay and establishment of foreigners, the residence permit may be revoked at any time, in particular in the following cases:

• in the event of non-compliance with the conditions for its issue;
• when it has been obtained by making false statements or by concealing essential facts;
• when the foreigner neglects to take the Administration’s advice in the event of a change of residence or activity.

Further, according to Article 10 of Law No 71-10 of 25 January 1971, a foreigner may be expelled for any of the following reasons:

• if they have been convicted of a crime or offence;
• if their conduct, taken as a whole, and their actions lead to the conclusion that they do not wish to adapt to the established order;
• in the event of serious and manifest interference in the internal affairs of Senegal; or
• if they can no longer support themself and their family.

Authorities can take enforcement action against a sponsor where the employee works even though the work permit has been rejected. In any case, enforcement action can be taken when the right given by the work permit or residence permit is not respected.

The employer shall submit the application for a work permit before the start of the employment relationship. A few years ago, the Labour Directorate accepted the formula introduced in the employment contract “subject to obtaining the work permit”. Today this is no longer possible. The Labour Directorate now requires that the application for a permit be submitted before the work is performed. The sanction in case of non-compliance is the refusal of the work permit.

In relation to expatriate employees, the employer is obliged to provide accommodation for the employee and their family or to pay an accommodation allowance. The sanction in case of non-compliance is that the employee can claim this right in court.

It is understood that there is no Right to Work check requirement per se in Senegal. However, an employer wishing to hire an expatriate employee must make sure to obtain all the necessary documents as described above to apply for a work permit from the Directorate of Labour and Social Security. In the absence of the required documents, the work permit will be refused.

According to Article 4 of Law No 71-10 of 25 January 1971 on the conditions of admission, stay and establishment of foreigners, the following relationships are recognised for the purposes of a dependant visa:

• marriage;
• ascendants; or
• descendants who are minors or unmarried descendants living under their roof.

Once the dependant visa is obtained, the person concerned will be able to work with this visa under a local contract. If the person is recruited as an expatriate, they will have to follow the work permit procedure described above.