Corporate Immigration 2023 Comparisons

Ghana launched a broad National Migration Policy (NMP) in 2016. This provides a comprehensive framework to ensure – among other things – protection of migrant rights, effective management of borders, up-to-date migration data, dual citizenships, and management of environmental/climate change.

Nonetheless, legislation has been slow to advance some of the provisions in the NMP. The few changes that have been introduced since the passage of Ghana’s Immigration Act in 2000 have sought to address specific needs arising from the evolving nature of work. Specifically, there have been changes to the rules concerning rotational workers in the upstream petroleum sector following the introduction of the Rotator Permit, which addressed the challenges faced by companies with this workforce.

The current immigration law, the Immigration Act 2000 (Act 573), has seen very little modification since its passage. The authorities are reportedly considering a review of the legislation, with plans to bring it in line with current trends. Although it is still early days, some of the changes are expected to address – inter alia – the rights of spouses of work permit holders.

All work categories of work permit in Ghana are sponsor-based employment visas requiring applicants to evidence either a contract of employment with an entity in Ghana or an assignment letter therefrom. Evidence of the sponsor entity’s existence and its compliance with the laws of Ghana (including tax status) are critical requirements to obtain work permits in Ghana. The main options are as follows.

Short-Term Work Permit

This type of permit is valid for six months and usually advisable for assignments that do not exceed six months. The permit may be renewed once upon providing justification to the authorities for the renewal. The short-term permit issued to rotational workers in the upstream petroleum sector is the Rotator Permit. As this is valid for six months, it enables very short-term rotational assignments to be carried out without challenges.

Long-Term Work Permit

This type of permit is valid for one year and may be renewed upon expiry. There is no limit to the number of times one may renew this category, although stricter rules may apply in certain sectors.

Various sector agencies play a critical role in the work authorisation process. Specifically, the Petroleum Commission (sector regulator for the upstream oil and gas sector) require companies licensed by them to comply with local content and localisation obligations before it will recommend new applications or renewals for approvals. The resident labour market test must be strictly complied with prior to making a work permit application in the upstream petroleum sector.

The Petroleum Commission has set additional criteria with regard to searching the local labour market for competent Ghanaians to fill the role the prior to offering the position to a non-Ghanaian. Where no Ghanaian citizen is identified following a recruitment process, employers are required to engage a Ghanaian understudy for purposes of skills transfer and ultimately localise the position/role within an agreed timeframe. It is only when a company satisfies the additional criteria that the Petroleum Commission would recommend that a work permit be issued.

Failure to comply with the sector-specific obligations in the petroleum sector may lead to a denial of a work permit request. Additional rules may also apply to companies providing services in the mining sector.

Immigrant Quota Work Permit

Automatic immigrant quotas are work permit quotas issued by the Ghana Investment Promotion Center (GIPC) and are primarily tied to the investments made by companies registered therewith. GIPC registration is mandatory for foreign-owned companies set up or registered in Ghana. To be eligible for these quotas, a company must first be registered with the GIPC and meet the quota requirement (see 2.2 Unsponsored Work and Investment Visas). An approved and issued immigrant quota work permit can be utilised by an applicant for an indefinite period, provided the company always maintains a valid registration with GIPC. Once an application is approved and an immigrant quota work permit issued, applicants must proceed to obtain a residence permit.

Residence Permit

An employee is fully authorised to work once they have received both a work permit and a residence permit. Having obtained any of the above-mentioned categories, the assignee is required to surrender their original passport for the issuance of a residence permit. The authorities will keep the original passport during the consideration stage and return it with the issued residence permit. This permit allows for multiple entry into Ghana during the period of validity and must be renewed at least a month prior to expiry.

There are currently no unsponsored work visa options in Ghana.

As regards investors, Ghana’s legal regime requires foreign nationals who own companies operating in Ghana to register their companies with the GIPC prior to commencement of operations. Under the GIPC regime, a company may be eligible for automatic immigrant quotas based on the level of investment/equity injected into the country by the company (see 2.1 Sponsor-Based Employment Visas). Registered companies with a minimum of between:

• USD50,000 to USD250,000 investment in Ghana are eligible for an initial automatic maximum immigrant quota of one person tied to their investment;
• USD250,000 to USD500,000 investment are entitled to an initial automatic maximum immigrant quota of two people;
• USD500,000 and USD750,000 investment entitles the company to an initial automatic maximum immigrant quota of three people; and
• USD750,000 to USD1 million guarantees a company an initial automatic maximum immigrant quota of four people.

Investors who meet these legal requirements may be eligible for a permanent residence permit after fulfilling certain conditions, including minimum residency requirements under the law.

Tourists and business visitors are restricted from undertaking certain activities while in Ghana for these purposes.

• Holders of tourist visas are generally restricted to tourist activities and no income-generating activity in Ghana is allowed.
• Business visitors may be allowed to attend business meetings, trade fairs and conferences. They may also be permitted to settle an estate or undertake auditing activities for a brief period. They are not permitted to take up employment in Ghana.

Ghana’s work permit rules do not address remote working specifically. A holder of a work permit is explicitly work-authorised and may work remotely within the territory of Ghana without any issues. However, the scenario where an employee intends to work for a company based abroad while residing in Ghana remains a grey area. With no connection to Ghana or a Ghanaian entity employer, it is impossible to obtain a work permit as the law requires a registered entity in Ghana to act as sponsor or employer. In this respect, Ghana’s rules do not make provision for this type of work and therefore may not insist on a work permit for such persons who work for a foreign employer while legally residing in Ghana. The authors recognise that the position may be different from a tax perspective, though.

There is no requirement to speak a particular language when obtaining a Ghanaian visa. That being said, all documents must be in English. Where they are in a different language, certified English translations are required.

Ghana has currently lifted all COVID-19 travel restrictions for arriving passengers. However, departing passengers must comply with the rules pertaining to destination countries. In addition, travellers must have received yellow fever vaccinations before they can be admitted into Ghana.

The work permit rules in Ghana also require applicants to obtain a medical certificate from the Ghana Immigration Service Clinic as a prerequisite to attaining a work permit in Ghana. This is to demonstrate that they are fit to work.

There are no salary thresholds that must be met when applying for a permit to work in Ghana. Although there are no specific restrictions on the level of education required in a work permit application, the applicant must demonstrate that they have the requisite skills and educational and professional qualifications for the type of role they are applying for. Proof of these skills and qualifications must be submitted as part of the work permit application.

The employment-based visa or work permit is tied to an employer. A holder of a work permit is restricted from working for another employer. Working from a client site without changing employment may be permitted, as this does not amount to a change of employment.

Entry visas (for visitors and those entering Ghana for business purposes) may be processed at a Ghanaian embassy abroad within seven to ten days. Some embassies offer fast-track visa processing services and may complete processing within three days.

A Visa on Arrival option is available and can be pre-approved in-country prior to travel, under conditions prescribed in law. This may take between three and five days to process.

Generally, the work permit application takes between four and six weeks to process from the date of filing. It is worth noting that the processing times may vary, depending on the industry/sector in which the applicant intends to work. Specifically, the petroleum sector related applications may take longer (ie, between eight and ten weeks) to process, owing to certain sector specific-rules regarding labour market testing and local content policies. For further details, please see 2.1 Sponsor-Based Employment Visas (Long-Term Work Permit).

A traveller to Ghana for work purposes would require an entry visa obtained from the Ghanaian embassy or, in the case of a Visa on Arrival, pre-approved in Ghana prior to travel. The work permit issued does not permit one to enter Ghana.

Entry visas obtained from consulates abroad may offer fast-track options. However, there are no fast-track options for the Visa on Arrival pre-approval or when obtaining authorisation to work in Ghana.

Once an employee has obtained their work permit, obtained an entry visa and travelled to Ghana, they are required to obtain the following.

• Medical examination – this must be obtained from the Ghana Immigration Service Clinic.
• Non-citizen identification card (the “Non-citizen GhanaCard”) – this must be procured from the National Identification Authority or any of the designated centres. The main applicant and any dependants over six years old are required to obtain this card.
• Residence permit – an employee is fully authorised to work once they have received both a work permit and a residence permit.

The fee for a short-term work permit (valid for six months) is USD500. A one-year permit is USD1,000.

The law does not prescribe who should bear the cost of the work permit in Ghana. However, in practice, costs associated with obtaining the work and residence permits are usually borne by the employer. In addition, the costs associated with repatriating the employee and their dependants are also borne by the employer as part of their obligations.

Both an employer and employee may be liable to pay penalties/fines if found guilty of illegal employment or working without a work permit.

Generally, in order to sponsor a work permit, an employer is obligated to:

• demonstrate a valid corporate set-up and all relevant registration documentation;
• hold valid sector-specific licences and certifications (eg, GIPC certificate, Petroleum Commission licence, Minerals Commission permit); and
• be tax-compliant, as a Tax Clearance Certificate must be provided for work permit applications.

Ghana differs from other jurisdictions in that there is no formal obligation on employers to conduct Right to Work checks prior to employment. Generally, however, an employer must ensure that the prospective employee has:

• proof of medical fitness to work;
• a clean police record;
• the necessary skill set and qualifications to undertake the activity;
• a valid passport; and
• a valid work and residence permit.

Ghana’s immigration laws define a dependant as a spouse or a child. A marriage certificate is typically required to demonstrate one’s status as a spouse. However, the authorities are likely to consider a certificate of cohabitation or similar documentation as satisfactory. Ghana does not recognise same-sex partnerships and consequently such a partner would not be eligible for a dependant visa. Children under the age of 18 are classed as dependants. However, in practice, a child who is 18 or older with a disability (or similar condition) may be considered for dependant status upon justifying same to the authorities.

A dependant visa/residence permit does not permit the holder to work in Ghana. They would need to obtain a work permit in order to be able to work in Ghana.