Corporate Immigration 2024 Comparisons

The methods used to draw up immigration policy in the Republic of Congo are not published and are therefore not known to the general public.

However, in the opinion of many foreigners, the Republic of Congo remains a very welcoming country where foreigners feel at home.

The Republic of Congo endeavours to put in place appropriate frameworks for the reception, development and safety of foreigners.

Future changes to immigration policy or legislation in the Republic of Congo have not been published and are therefore unknown.

However, to our knowledge, the Republic of Congo is in the process of ratifying visa exemption agreements with various states, with the aim of facilitating entry into Congo.

The most recent agreement is that signed with the Republic of Rwanda through Law No. 24-2023 of 15 September 2023, authorising the ratification of the co-operation agreement between the government of the Republic of Congo and the government of the Republic of Rwanda relating to visa exemption for holders of diplomatic and service passports and free visas on arrival for holders of ordinary passports.

Employment visas based on sponsorship are not provided for by Law No. 022/88 of 17 September 1988 amending Law No. 01/86 of 22 February 1986 replacing and supplementing Law No. 03/85 of 14 February 1985 creating the national employment and manpower office (ONEMO) and amending the Labour Code in the Republic of Congo.

Currently, any company intending to recruit or employ a foreigner in the Republic of Congo must be established there in the form of a company or branch, or the foreigner’s employment must have been temporarily authorised under an ATE (Autorisation Temporaire d’Exercer).

In the Republic of Congo, in accordance with the provisions of Articles 26 et seq of Law No. 022/88 of 17 September 1988 amending Law No. 01/86 of 22 February 1986 replacing and supplementing Law No. 03/85 of 14 February 1985 creating the national employment and manpower office (ONEMO) and amending the Labour Code, two types of work visa are available to foreign nationals:

• the short-term work visa, valid for 5.5 months (six months in practice): this visa is applied for on a rotating basis by foreign nationals who do not intend to reside in the Republic of Congo; and
• the long-term work visa, which is valid for two years: this visa is applied for by foreign nationals on expatriation who intend to reside in the Republic of Congo.

Investment visas are not recognised in the Republic of Congo.

However, any foreigner wishing to invest in the Republic of Congo must apply for either a business visa or a visitor’s visa (accepted in practice), which may not exceed three months. If the foreign investor intends to stay for longer than three months, he or she must apply to the immigration authorities for either a long-stay visa or a residence permit.

In accordance with the provisions of Articles 5 to 7 of Law No. 29-2017 of 7 August 2017 amending and supplementing certain provisions of Law No. 23-96 of 6 June 1996 laying down the conditions of entry, residence and exit of foreigners in the Republic of Congo, a visitor is any foreigner or stateless person admitted to the territory of the Republic of Congo for a stay of no more than three months and who comes for family, cultural or business reasons without wishing to take up residence.

Within the meaning of this law, visitors include tourists, temporary workers (those coming to the Congo on assignment) and businesspeople.

Under these provisions, visitors are prohibited from trading or working permanently in the Republic of Congo.

Law No. 45-75 of 15 March 1975 on the Labour Code in the Republic of Congo (updated by Laws No. 22-88 of 17 September 1988 and No. 6-96 of 6 March 1996) does not recognise telework or distance working.

However, in practice, in the light of the recent COVID-19 health crisis, some companies have developed and accept or practise teleworking for reasons specific to their operations.

To date, the labour authorities have not taken a close look at this issue.

Law No. 29-2017 of 7 August 2017 amending and supplementing certain provisions of Law No. 23-96 of 6 June 1996 laying down the conditions of entry, residence and exit of foreigners in the Republic of Congo does not require proof of knowledge of French or any other language by the foreigner in order to obtain a visa.

However, it should be noted that as French is recognised as the official language of the Republic of Congo (ie, the language of administration, education, the press, etc, as mentioned in Article 4 of the Congolese Constitution of 25 October 2015), all documents submitted to the Congolese embassy or consulate in order to obtain a visa must be in French.

In the Republic of Congo, there are requirements in terms of medical certificates and vaccinations depending on whether you are applying for an entry visa to the Republic of Congo or a long-term work visa.

For a visa to enter the Republic of Congo, in accordance with Article 15 of Law No. 29-2017 of 7 August 2017 amending and supplementing certain provisions of Law No. 23-96 of 6 June 1996 laying down the conditions of entry, residence and exit of foreign nationals, an international yellow fever vaccination certificate is required.

Foreigners wishing to work in the Republic of Congo must undergo a medical examination for fitness to work by a doctor approved by the Congolese Employment Agency, in addition to having the above-mentioned vaccination certificate.

It should be noted that in addition to this check-up, foreign workers, like national workers, are subject to six-monthly medical check-ups, and to other medical check-ups (for physical fitness) depending on the nature of the job (for example, for foreigners working at sea).

Sponsorship-based employment visas are not recognised by the laws of the Republic of Congo.

In the Republic of Congo, a work visa is limited to one employer. This is the employer that applied to the Congolese Employment Agency to recruit the foreign national.

It should be noted that in the Republic of Congo, permission to work is given when the foreigner’s employment contract is signed by the Minister of Labour. There is therefore no separate document such as a long-term work visa or work permit.

In accordance with the provisions of Article 36 of Law No. 29-2017 of 7 August 2017 amending and supplementing certain provisions of Law No. 23-96 of 6 June 1996 laying down the conditions of entry, residence and exit of foreign nationals in the Republic of Congo, early termination of a foreign national’s employment contract results in the invalidation of all residence documents and repatriation within a period that may not exceed two months.

However, during this period, the foreigner may obtain another job at another company, subject to compliance with the rules governing the recruitment of foreigners.

At the outset, it should be noted that the laws of the Republic of Congo (Law No. 29-2017 of 7 August 2017 amending and supplementing certain provisions of Law No. 23-96 of 6 June 1996 laying down the conditions of entry, residence and exit of foreigners in the Republic of Congo, and Law No. 022/88 of 17 September 1988 amending Law No. 01/86 of 22 February 1986 replacing and supplementing Law No. 03/85 of 14 February 1985 creating the national employment and manpower office (ONEMO) and amending the Labour Code)  do not set time limits for obtaining visas (work, entry and residence).

An entry visa to the Republic of Congo is obtained abroad from the diplomatic or consular representation of Congo, and processing times are set by the latter in consideration of the nature of the visa and pending applications.

For long-stay visas obtained in the Republic of Congo, as soon as the completed application form has been submitted to the immigration authorities, the processing time varies between two and four weeks.

For work visas:

• for temporary (short-term) work visas, the processing time is between one and four months; and
• for permanent (long-term) work visas, the processing time is 12 months.

As far as a work visa is concerned, it is accepted in practice that once the completed application form has been submitted and the fees paid, the foreign national can start work while waiting for the visa to be issued.

Foreign nationals may not travel to the Republic of Congo until they have obtained their visa (for foreign nationals subject to visa requirements).

For work visas, in practice, once the application for a work permit (temporary or permanent) has been submitted, it is accepted that the foreigner may start work while waiting for the visa to be issued.

To our knowledge, there are no restrictions. However, as a precautionary measure, before travelling to the Republic of Congo you should always bring a valid visa or residence permit, an accommodation certificate or hotel reservation (for visa holders), a return air ticket (not applicable to residents) and an international yellow fever vaccination certificate.

The law in the Republic of Congo does not provide for an expedited procedure for obtaining visas.

However, in practice, by making repeated reminders by phone and going to the immigration office or the Congolese Employment Agency to follow up, while specifying the urgency, a visa can be processed more quickly.

However, this approach is not governed by any legislation and is a matter of practice.

Once in the country, foreign nationals must make sure they always carry the documents justifying their stay, and apply for a residence permit or a long-stay visa if they plan to spend more than three months in the Republic of Congo.

There is no obligation to make a declaration to the prefecture or the town hall.

Employment visas based on sponsorship are not recognised by Law No. 29-2017 of 7 August 2017 amending and supplementing certain provisions of Law No. 23-96 of 6 June 1996 laying down the conditions of entry, residence and exit of foreigners in the Republic of Congo, and we are therefore unable to comment on fees relating to these visas.

In principle, visa fees are paid by the employer when the work visa application is submitted.

However, the authorities are not particular about who makes the payment. On this basis, if the employee so wishes, he or she can pay on behalf of the employer and return proof of payment to the employer, which complements the work visa application file.

In practice, it is very difficult for the employee to make such a payment, because the work visa is applied for before the employee arrives in the Republic of Congo.

With regard to the provisions of Articles 44 et seq of Law No. 29-2017 of 7 August 2017 amending and supplementing certain provisions of Law No. 23-96 of 6 June 1996 laying down the conditions of entry, residence and exit of foreign nationals in the Republic of Congo, measures may be taken against foreign nationals in the following situations:

• illegal entry into Congolese territory;
• failure to renew a visa or residence permit on time;
• suffering from a serious illness that could constitute a threat;
• drug trafficking;
• smuggling;
• facilitating the illegal entry of a foreigner;
• usurpation of Congolese nationality;
• influence peddling;
• false declaration of civil status;
• forgery and use of forgeries; or
• expiry of the validity of an employment contract.

Sponsorship-based employment visas are not recognised by the laws of the Republic of Congo, and we are therefore unable to comment.

There is a right to work audit in the Republic of Congo.

In fact, companies are subject to two checks on compliance with labour regulations: one carried out by the Departmental Labour Directorate, and another by the Congolese Employment Agency.

The purpose of these controls is to check the framework and working conditions of employees, the conformity of employment contracts, compliance with health and safety rules, and compliance with rules on the recruitment of foreigners.

It should be noted that, to a certain extent, the Ministry of Hydrocarbons also ensures compliance with labour regulations (see Decree No. 2019-345 of 15 November 2019 regulating the employment, promotion and training of Congolese staff in the oil sector). The Ministry is mainly responsible for overseeing the proportion of Congolese nationals to foreigners in oil companies, and limits the length of validity of a foreigner’s contract in the oil sector in accordance with the law.

Dependant visas are not recognised by Law No. 29-2017 of 7 August 2017 amending and supplementing certain provisions of Law No. 23-96 of 6 June 1996 laying down the conditions of entry, residence and exit of foreigners in the Republic of Congo.

However, foreign nationals who come to work in the Republic of Congo with their immediate family (ie, spouse and children) can obtain visas for the latter without difficulty.

As follows from what we stated in 7.1 Recognised Family Relationships, there are no dependant visas that would allow the visa holder to work.