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 reform of the Labour Code 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.

Senegal does not provide for a “permanent residence” in the strict sense, but distinguishes between two regimes:

• residence authorisation for non-immigrants (temporary stay); and
• settlement authorisation for immigrants (long-term stay with extended rights).

According to Law No 71-10 of January 25, 1971, this authorisation is mandatory for any person wishing to reside and carry out an activity in Senegal, except for nationals of ECOWAS/UEMOA countries or countries with a settlement agreement.

The visitor must notably prove:

• the existence of a job or a lawful activity;
• repatriation guarantees; and
• a clean criminal record.

The authorisation must lead to the issuance of a foreigner’s identity card.

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

Please also see 2.2 Pathways to Permanent Residence.

In Senegal, business visitors may enter the country either without a visa (for nationals of visa-exempt countries) or with a short-stay visa (30 to 90 days depending on nationality).

Business visitors are authorised to carry out certain non-remunerated activities locally, such as:

• attending meetings, conferences, or seminars;
• engaging in commercial negotiations;
• conducting prospecting or supervision missions; and
• signing contracts or agreements.

Any activity involving paid work or provision of paid services locally requires a work authorisation or work permit.

Nationals of ECOWAS member states (such as Côte d’Ivoire, Benin, etc) may enter without a visa, while others must apply for an e-visa or consular visa depending on bilateral agreements.

There is no specific “business visitor” status codified under Senegalese law, but such missions are tolerated, provided they do not exceed the scope of a non-remunerated stay.

No electronic pre-travel authorisation (such as ESTA) is required by Senegal.

However, any foreign national who is not exempt from visa requirements must obtain a biometric visa prior to entry, through:

• an e-visa procedure, followed by a consular appointment for biometric data collection; or
• a traditional procedure through a consulate or an embassy.

Exceptionally, a visa may be issued upon arrival at the airport for nationals of countries without a Senegalese diplomatic representation.

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 not a 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 except for yellow fever.

Nevertheless, certain vaccinations are strongly recommended, such as those against 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.

Although checks are not systematic, it may happen that border authorities conduct random inspections.

Under Senegalese law, several conditions must be met to obtain a visa or work permit for a foreign worker sponsored by a local company.

Minimum Conditions Relating to the Foreign Employee

There is no fixed legal minimum applicable to all situations in terms of remuneration. However, the administration may verify that the proposed remuneration is appropriate for the position and does not constitute a form of disguised underemployment.

The employer must also comply with the legal provisions in this regard, namely:

• the base salary; and
• salary supplements (for example, expatriation allowances and other indemnities).

In certain specific sectors, such as the mining and oil sectors, local content generally requires priority to be given to national workers. Thus, the employer must demonstrate that hiring a foreign worker is necessary due to the lack of locally available skills.

This can resemble a labour market test, even if not always formalised (eg, mandatory job posting or rejection certificates of local applications).

Quantitative Restrictions on the Employment of Foreign Workers

In Senegal, there is an old decree still in force, namely Decree No 2146 I.T.T.S.M of 29 March 1956, which sets the maximum proportion of foreign workers within the total workforce of the company.

This proportion depends on:

• the company’s sector of activity (industry, commerce, mining, etc); and
• the category of personnel concerned (technical staff, office staff, security staff, etc).

Although this text is now considered obsolete in its wording, it remains applicable in the absence of a formal repeal, and is still used as a reference by some Labour authorities.

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.

Senegal requires a recent criminal record extract for:

• residence or settlement permit applications;
• naturalisation; and
• certain long-term visas.

This document is used to verify that the applicant does not pose a threat to public order. It must be officially authenticated and translated into French if necessary.

In principle, in Senegal, applicants are not required to personally prove they have a certain amount of money at the time of the work permit application submitted by the employer.

As part of a work permit, it is the hiring of the worker by a local employer that constitutes sufficient proof of subsistence.

Indeed, the salary paid by the employer is considered sufficient evidence that the worker will be able to meet their needs during their stay.

Therefore, no proof of personal financial resources is required from the applicant as long as the job is confirmed.

However, foreigners applying for a settlement permit must demonstrate the means of subsistence they have, by providing:

• supporting documents on income (employment contract, payslips, bank statements); or
• a support letter from a third party (employer, relative, etc).

The aim is to ensure the foreigner will not become a public charge.

Thus, a work contract must be attached to the application, in order to justify the means of subsistence to the foreign national’s police department.

There is no fixed minimum amount, but the requirement is rigorously assessed.

For Work Permits (Work Authorisations)

Applications are submitted physically in Senegal by the employer, to the General Directorate of Labour and Social Security. This is a paper-based process, not electronic.

Supporting documents must be submitted in several hard copy sets (often four copies of each document), and include in particular:

• the employment contract;
• a certified copy of the passport, notably the pages showing the photo, the passport’s validity date, and the entry stamp into the country;
• a criminal record extract dated less than three months from the country of origin; and
• the medical certificate issued in Senegal, etc.

Moreover, as an exception, nationals of countries with an establishment agreement with Senegal may be exempt from the work permit requirement.

For Residence Visas

Applications for residence visas can be submitted:

• online (e-visa), with electronic payment and biometric appointment at the embassy; or
• physically, to Senegalese diplomatic representations.

In both cases, supporting documents are required: photo, passport, criminal record, proof of accommodation, employment contract, etc.

In general, the visa must be requested:

• from the embassy or competent consulate of the applicant’s country of residence or nationality; or
• online (especially for nationals of countries without Senegalese representation).

An application may also be submitted to the Ministry of Interior for the issuance of an entry visa, but this is strictly reserved for a representative acting on behalf of the concerned individual.

Derogations exist for certain countries without Senegalese embassies, allowing for the possibility of obtaining a visa at the airport.

There is no formalised framework governing exceptions applicable to conflict zones. Such applications are assessed on a case-by-case basis by the competent authority.

The foreigner must be able to justify their presence and legal stay at any time, under penalty of criminal sanctions.

If 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.

The authors have recently been informed that an annual renewal is now required. Therefore, each year, a new application must be submitted to the foreign affairs police, including the required supporting documents and a copy of the FIC receipt. Failure to comply may result in a fine.

A person subject to the travel visa requirement for travel in Senegal will not be able to travel to Senegal without first obtaining 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.

Restrictions may apply to the foreign national’s movement once the visa or foreign identity card application has been submitted.

Once the application has been submitted, the individual may move freely within Senegal. However, it is not advisable to leave the country before receiving the legal document. For applicants who are still abroad, it is preferable to obtain the entry visa prior to travelling, rather than relying on issuance at the airport. Depending on whether the foreigner comes from a high-risk country or not, they may be repatriated upon arrival.

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 the visa if the individual has not completed the formalities for obtaining a foreign identity card.

The work permit is valid in principle for two years and has to be renewed after that time (contract renewal).

The FIC receipt is valid for six months and can be renewed at the Foreigners’ Police as indicated in 4.1 Method of Submission.

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 are no costs directly associated with work authorisation in Senegal.

The cost of a residence visa includes:

• a fiscal stamp of XOF15,200; and
• the payment of a repatriation deposit, the amount of which varies depending on the foreign worker’s country of origin and nationality (minimum XOF75,000).

For nationals of countries requiring an entry visa to Senegal (stay under three months), entry visa fees may apply. These fees depend on nationality and must be confirmed with the consulates or competent Senegalese embassies.

It should be noted that the costs of administrative fees related to immigration have not significantly increased in recent years. Consequently, no notable impact has been observed on the number of applications for work or residence authorisations.

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

However, some companies sometimes cover the costs related to the visa application or to the foreign identity card.

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; and/or
• 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 themselves 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 such cases, if the employee had already started working, the employment contract becomes null and void. Therefore, the employee may bring the matter before the competent courts to seek compensation for the harm suffered.

In relation to expatriate employees, the employer is obliged to provide accommodation for the employee and their family or to pay an accommodation allowance, to cover relocation costs for the employee and their family, and to pay for baggage transport expenses, etc.

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.

In addition, the competent authorities (such as labour inspectors or the Labour Directorate) may at any time carry out inspections to verify that the employer complies with applicable legal provisions on labour matters (expatriate quotas, work organisation, working conditions, etc).

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.

Regardless of the relationship, any person wishing to enter Senegalese territory – including family members – must apply for an entry visa unless exempted.

The same applies to applications for a foreign identity card. This must be carried out by any person wishing to move freely within the territory, unless exempted.

Please note that, to date, this card is not mandatory for dependent children under the age of 15.

The dependant visa does not automatically entitle its holder to engage in professional activities. It should be noted that this concerns exclusively an entry visa, which allows the person concerned (spouse, child or other family member of the worker) to legally reside in Senegal.

This type of visa, just like the foreign identity card (which subsequently allows free movement within the territory), has no direct link to the right to work.

It does not grant a right to employment, but allows the person to enter and legally stay in Senegal.

Once in the country, the dependant may initiate steps to be hired by a local employer.

There is no legal restriction in this regard.

However, taking up employment is subject to obtaining a work permit, if the dependant enjoys expatriate status or has been relocated from their place of residence to their place of employment by an employer.

It is important to note that consistent jurisprudence at the Senegalese and West African level confirms that entering the territory as a spouse or dependant does not entitle the person to be recognised as an expatriate in the legal sense.