Corporate Immigration 2024 Comparisons

Guinea’s immigration policy is established primarily through Law N°L/9194/019/CTRN of 1994 and its implementing Decree N° D/94/059 of 1994 (the “Immigration Law”). The Immigration Law set forth regulations for the entry, stay and exit of foreigners, providing a structured approach to managing immigration based on national security, public order and socio-economic considerations. The Immigration Law defines who is considered a foreigner and the requirements for entry and stay. They also outline the conditions under which visas and residence permits are issued or denied.

The Immigration Law details various types of visas, including transit, temporary and long-term stays, and sets out the criteria and procedures for obtaining these visas. The Immigration Law also addresses the issuance of residency permits and work authorisations for foreigners who wish to live and work in Guinea. Provisions for the enforcement of Immigration Law and penalties for violations are included to maintain the integrity of the immigration system.

Public opinion towards immigration policy can vary and is influenced by economic conditions, cultural factors and national security concerns. The effectiveness, fairness and impact of the policy on local employment and social services are key factors that affect its acceptance. Guinea’s immigration policy is also viewed through the lens of its international relations, especially with neighbouring countries and members of regional bodies like the Economic Community of West African States (ECOWAS). Policies that promote regional integration and co-operation are generally welcomed. From a business standpoint, immigration policies that attract foreign investment, skilled labour and promote economic development are usually seen positively. However, restrictive policies might be criticised if they are perceived as barriers to foreign investment or if they hinder the operation of international companies in Guinea. The policy is also scrutinised from a human rights perspective, particularly regarding the treatment of refugees, asylum seekers and the fairness of the legal process for immigrants.

In conclusion, Guinea’s immigration policy is structured to manage the flow of foreigners effectively. Its reception depends on how it balances national interests with economic development, regional co-operation and human rights obligations.

We are not aware of any upcoming changes to immigration policy or law in Guinea, therefore it is difficult to anticipate the impact on the typical visa route.

In Guinea, there are primarily two options for sponsor-based employment visas: the Business Visa and the Long Stay Visa.

Entry Visa

This visa grants the holder the right to enter Guinea and is renewable once for a period of 90 days. If Guinea has no diplomatic representation in the applicant's country, the Directorate of the Central Police and Air Borders (DCPAF) can issue an entry authorisation. The application process can also be conducted within Guinea for nationals from countries with Guinean diplomatic representation. Upon arrival at a Guinean airport, the assignee’s passport will be collected for visa stamping and returned within two days.

Required documents:

• passport biodata page;
• return flight booking confirmation;
• yellow fever vaccination certificate;
• government fee: approximately USD30.

Multi Entry Visa (Business Visa)

This visa permits multiple entries and exits from Guinea during its validity, without the need for additional visas. It is available to foreign nationals in Guinea and those from countries with special agreements, with a validity of three to five years depending on bilateral agreements.

Required documents:

• The same as listed above; and
• the Government fee: approximately USD100.

Long Stay Visa

Valid for one year and renewable, this visa is for expatriate workers and students in Guinea. It is issued after the expiration of a single entry visa and allows for settlement in the country.

Required documents:

• the same as listed above along with relevant supporting documents (eg, employment contract, authorisation for professional activity, proof of familial relations, student registration, internship contract); and
• government fee: approximately USD100.

General Information

All visas are issued by the Central Office of the Police and Air Borders (DCPAF). A locally registered company in Guinea must sponsor the visa applicant, and the application must include a local employment contract approved by the Employment Promotion Agency.

It is worth noting that Guinea’s immigration framework does not have specific visa categories for unsponsored work and investment. However, self-employed entrepreneurs and investors can use the Entry Visa, which is designed for both sponsored and unsponsored work as well as investment activities, to enter Guinea. This visa allows visitors to stay for up to 90 days. The Entry Visa is typically the best option for unsponsored individuals or investors who want to explore business opportunities and start a company in Guinea, provided that the business environment is favourable to their planned operations.

Visitors in Guinea are subject to certain restrictions on their activities and length of stay. These limitations ensure that visitors adhere to the purpose of their visit as specified in their visa and do not engage in activities requiring a different type of visa or permit. Here are the primary restrictions:

Employment

Visitors on an Entry Visa are generally not permitted to engage in any form of employment in Guinea. To work legally, they must obtain an approval for their employment contract and the appropriate work permit with AGUIPE. Engaging in employment without the work permit is illegal, as stated by Articles 16 and 17 of the Immigration Law.

Length of Stay

The duration of a visitor’s stay is limited to the period granted on their visa, which typically does not exceed 90 days. Overstaying the visa validity without proper extension or regularisation can lead to penalties, including fines, deportation or a ban on future entry. Article 10 of the Immigration Law states that the entry visa’s duration, usually not exceeding 90 days.

Business Activities

Visitors can stay in Guinea for business negotiations, meetings or to explore investment opportunities but are not allowed to undertake permanent or long-term business activities without converting their Entry Visa to Business Visa or Long Term Visa.

Study

Visitors are not permitted to enroll in long-term courses at educational institutions without obtaining the appropriate student visa. However, dependents of legally residing foreign nationals or expatriates in Guinea may be allowed to enroll in local educational institutions if they have the requisite dependent visa status or are included in the residency provisions of the primary visa holder.

Changes in Visa Status

The immigration law does not explicitly mention the ability to change visa status within the country. Generally, significant changes in the purpose of stay, such as shifting from business visitation to long-term employment, require exiting the country and applying for a new visa that matches the intended activities.

Extension Visa

Visitors who wish to stay in Guinea beyond their initial visa duration, typically 90 days, must apply for a visa extension with the local immigration authorities. This process usually requires submitting a new application that is similar to the one for an Entry Visa and providing evidence of financial means, along with other necessary documents to justify the reasons for the extended stay.

Guinea does not have specific regulations addressing remote working directly. According to the Labour Code of the Republic of Guinea (Law No. L/2014/072/CNT of 10 January 2014), labour laws apply broadly to individual and collective relations between workers and employers in the mixed and private sectors. This law is applicable to any person who engages in professional activity under the authority of an employer, which can include remote work situations provided that they occur within the context outlined by the law.

Key Points

Scope of law - The Labour Code applies to workers and employers in the private and mixed sectors, including domestic workers and those in liberal professions, which can encompass remote workers if their employment situation fits the legal framework.

Exclusions - Civil servants, members of the armed forces and permanent or temporary contractual agents of the state are not subject to the provisions of this law.

Remote work recognition - Since the law does not specifically mention remote working, it is assumed that remote work is treated like any other work arrangement as long as the employment relationship conforms to the conditions set out by the Labour Code. This includes being under the direction and authority of an employer.

In conclusion, while remote working is not explicitly defined or specially regulated under Guinean law, it would be governed by the general provisions of the Labour Code as long as the work relationship adheres to the criteria specified for all workers and employers in the private and mixed sectors. Given the lack of precedent, interpretations could vary, in case of dispute on this subject.

There are no language prerequisites for obtaining a visa to enter Guinea. Nonetheless, given that French is the official language, it is recommended to submit application documents in French or bilingual format to simplify the processing and review process. This will make it easier for the local authorities to refer to the documents and may help expedite the application process.

Guinea requires certain medical certificates and vaccinations for travellers entering the country. Here are the key requirements:

Yellow Fever Vaccination

A Yellow Fever vaccination certificate is mandatory for all travellers aged nine months and older entering Guinea. This is a common requirement for many countries in sub-Saharan Africa due to the risk of Yellow Fever transmission. The vaccination must be administered at least ten days before travel to be effective and valid for entry.

COVID-19 Measures

While specific COVID-19 requirements can vary over time depending on the current global and regional health situation, travellers should check the latest guidelines from health authorities or the Guinean embassy before travelling. Previously, proof of vaccination and/or negative COVID-19 test results might have been required.

Other Vaccinations

Although not mandatory, vaccinations for hepatitis A and B, typhoid, cholera and meningitis are recommended for travellers to Guinea, depending on the areas they plan to visit and the length of their stay.

General Health Precautions

It's advisable for travellers to have travel health insurance and to carry a medical kit for personal use. Malaria prophylaxis is also recommended due to the high risk of malaria in the region.

Travellers should ensure that they meet all health requirements and carry the necessary documentation to present at the point of entry into Guinea.

For sponsor-based employment visas in Guinea, the regulations do not specify a strict minimum salary threshold or detailed qualification requirements that must be universally met for all types of employment. However, some general guidelines and practices are typically followed:

Salary expectations - While there is no defined minimum salary requirement in the general labour law for foreign workers, employers are expected to offer compensation that is sufficient to cover living expenses and is comparable to what is typical for the role and industry within Guinea.

Qualifications - The qualifications required are generally specific to the job role and the industry. Employers must justify the need to hire a foreign worker, often by demonstrating that the required skills are not readily available in the local job market. This could implicitly necessitate higher or specialised qualifications.

In the absence of explicit legal stipulations regarding minimum salary or specific qualifications for sponsor-based employment visas, the focus tends to be on the overall appropriateness and legality of the employment terms offered. Companies planning to hire foreign nationals should ensure that their offers meet or exceed local standards to facilitate the issuance of work permits and ensure compliance with immigration rules.

An employment-based visa in Guinea is typically tied to the employer who sponsors the visa. This means that the visa is granted on the basis of a job offer from a specific employer, and the legal right to work is restricted to employment with that sponsoring employer. Here are a few key aspects of this relationship:

Sponsorship requirement - To obtain an employment-based visa in Guinea, a foreign national must be sponsored by a local employer. This employer is responsible for justifying the need to hire a foreign worker and for providing the necessary documentation during the visa application process.

Employment tied to sponsor - The work permit or employment visa is specifically linked to the sponsoring employer. This means that the visa holder is generally not allowed to work for another employer in Guinea without obtaining a new work permit or visa sponsored by the new employer.

Changes in employment - If a visa holder wishes to change employers while in Guinea, they typically must reapply for a new work permit or visa, which must be sponsored by the new employer. This process may involve leaving Guinea and re-entering with a new visa.

Visa processing times in Guinea can vary depending on the type of visa and the specifics of the application, but generally, they follow these timelines:

Standard entry and eVisas - Typically processed within three to five days.

Long-stay Visas - Also usually processed within three to five days.

Resident permits - Take longer, usually up to two weeks for processing.

Once a visa application is filed, there are several important considerations regarding travel within Guinea:

Entry restrictions - If the visa application is filed from outside Guinea and is for entry into the country, the individual must wait for the visa to be granted before entering, unless the Central Direction of the Police and Air Borders has issued a special authorisation to enter.

Travel within Guinea - For individuals already in Guinea who have applied for a visa extension, renewal or change of status, travel within the country is generally permitted.

Exiting Guinea - If the visa or permit has expired and a renewal or new application is pending, exiting the country may be restricted. It is usually necessary to remain in Guinea until the new visa or permit is granted. Departing the country during this process could be seen as abandoning the application, which might complicate future re-entry.

In Guinea, the possibility of expediting visa processing depends on the type of visa and the specific circumstances of the application. There are generally two options for potentially fast-tracking visa processing:

eVisa platform - For those applying through the eVisa platform, the process is generally quicker, with applications typically processed within 72 hours. This platform is designed for efficiency and can significantly expedite the usual processing times, especially for straightforward cases. Please visit https://www.paf.gov.gn/visa.

Express service provided by professionals - This option may be available for an additional fee. The service prioritises the processing of the visa application by directly communicating the urgency of the request to the authorities. If necessary, it includes obtaining an authorisation to enter Guinea, with the visa being physically stamped into the passport upon the visitor’s arrival in the country.

Once an individual arrives in Guinea with a valid visa, there are several important steps and requirements to ensure compliance with local immigration laws and regulations:

Entry registration - Upon arrival at the airport or border crossing, individuals must go through immigration control where their visa will be inspected and stamped. It is crucial to ensure that all entry stamps are correctly placed in the passport to avoid any future issues.

Residence permit application - For those planning a longer stay in Guinea, such as for work or study, applying for a residence permit is necessary once the entry visa expires and while the long-term visa remains valid. The application typically requires a valid visa, proof of accommodation, a work contract or proof of enrollment in an educational institution and possibly a medical certificate.

Company registration - For foreign investors, registering a local company may be feasible and necessary during their stay. This process helps in establishing a legal presence and facilitates various business operations within the country.

Work permit - Individuals may also secure a local work permit.

Based on the Joint Order AC/2023/1222/METFPE/MEF/CAB/SGG, dated 31 March 2023 (the “Joint Order”), the specific costs associated with obtaining work permits for foreigners in Guinea are as follows:

• Executive (Permit A) - USD3,000 annually.
• Supervisor (Permit B) - USD2,000 annually.
• Execution agent (Permit C) - USD1,200 annually.
• Regularisation penalty - Imposed at USD1,000 if a foreign worker enters Guinea without being declared to AGUIPE (the Agency for the Promotion of Employment).
• Penalty for late licence renewal - Amounting to 50% of the applicable licence fee, depending on the type of permit, for the late renewal of the work permit.

Article 2 of the Joint Order specifies that these fees are the employer’s responsibility and must be paid at the beginning of each year of the worker’s presence in the country. According to Article 3, the Public Employment and Manpower Service is the sole authority authorised to issue work permits.

According to Article 2 of the Joint Order, the responsibility for work permit costs rests with the employer, and these costs must be paid at the start of each year of the worker’s presence in the country.

Authorities can take enforcement action against individuals and/or sponsors for various immigration violations. Below are some typical scenarios where such actions might occur:

• Overstaying a visa - If an individual remains in the country beyond the validity of their visa or work permit without securing an extension or transitioning to another legal status, authorities are likely to intervene. This is among the most frequent immigration violations.
• Violation of visa conditions - Engaging in activities that are not permitted by the visa, such as working while on an entry visa, can trigger enforcement actions.
• Fraudulent documentation - Submitting false documents or making false declarations during the visa application process, or entering the country with fraudulent documents, can lead to severe penalties, including criminal charges.
• Failure to pay required fees - If an employer (sponsor) fails to pay the stipulated immigration fees, such as work permit fees or visa application fees, this could result in enforcement actions.
• Unauthorised employment - Both employees working without the proper authorisation and employers hiring individuals without the right to work may face enforcement actions.

Enforcement actions can range from fines and administrative penalties to deportation and entry bans. In severe cases, criminal charges may be brought against those involved.

Be advised that Law N°L/9194/019/CTRN of 1994 outlines various obligations and potential penalties for employers sponsoring employment-based visas in Guinea. Below is a detailed overview:

Employer obligations

Compliance with visa application requirements - As stipulated in Article 8 of the Law, employers must ensure all visa applications are complete and accurate, including all necessary documentation such as proof of the employee’s qualifications and the nature of the job.

Financial guarantees - Article 48 requires employers to provide financial guarantees for the repatriation of the employee if necessary. This might include a return ticket or a deposit equivalent to the cost of a return fare.

Reporting changes - There is a general duty under the law for employers to report any significant changes regarding the employment status of the foreign worker, such as termination of employment or changes in position, to the appropriate immigration and labour authorities.

Compliance with local labour laws - Employers must ensure that foreign employees are employed in accordance with local labour laws, which include fair wages, working conditions and workers’ rights.

Extensions or changes in visa status - According to Article 23, if a foreign worker requires an extension of their visa, the application must be submitted at least seven days before the expiration of the current valid visa.

Penalties for Non-Compliance

Fines and financial penalties - According to Articles 73, 74, and 75, employers who fail to comply with their obligations may face fines. This includes penalties for not providing the required documents, failing to report changes or not maintaining the necessary financial guarantees.

Legal actions and restrictions - Under Articles 73, 74, and 75, employers could face legal action from immigration authorities, including restrictions on their ability to sponsor future foreign employees. Severe violations could lead to criminal charges if fraud or deliberate non-compliance is discovered.

Revocation of sponsorship rights - According to Article 73, in serious cases, an employer’s right to sponsor foreign workers may be revoked, impacting their ability to hire internationally.

Be advised that there is no formal “Right to Work” check process in Guinea as seen in some other countries.

Please note that Law No. L/9194/019/CTRN does not specifically address the subject of dependent visas. However, in Guinea, dependent visas typically cover the following family relationships:

Spouses or registered partners - This category generally includes legally married spouses.

Children - Dependents usually include children who are under a certain age, often under 18 years old, and are financially dependent on the primary visa holder. This category can also extend to adopted children or stepchildren, provided that legal guardianship or parental rights have been established.

Other dependents - In some cases, dependent visas may be extended to other family members, such as parents or siblings, especially if they are financially dependent on the primary visa holder or require care due to health conditions.

Please be advised that our review of Guinean law has not identified a specific provision that directly addresses whether holders of dependant visas are permitted to work. Consequently, opinions regarding the employment eligibility of dependant visa holders is based on a general approach to work permissions in Guinea: typically, dependant visas do not automatically confer the right to work. Individuals holding such visas are usually required to apply for a separate work permit or employment authorisation.