MOZAMBIQUE IMMIGRATION ALERT, SEPTEMBER 2016 : NEW EXPATRIATE IMMIGRATION HIRING REGULATIONS

New Mozambique Expatriate Immigration Hiring Regulations to take effect on 29 November 2016.

The new Regulations on the Mechanisms and Procedures applicable to the Hiring of Expatriates (the “Expat Hiring Regulations”), was published in the Mozambican Government’s Gazette on 16 September 2016, and will take effect on 29 November, 2016.

The new regulations do not apply to the hiring of expatriates in the oil and gas and the mining sectors, which continues to be governed by specific rules.

The hiring mechanisms and procedures for expatriates are now more detailed. The most important changes are noted below:

Private Employment Agencies can only hire expatriates to work at their own premises and will not be allowed to sponsor work permits on behalf of clients or third parties;

There is a new definition of short term work, as well as the inclusion of a detailed list of procedures applicable to the issuance of the relevant work permit, which is now subject to the payment of a fee.

• Short-term work permits will be valid for 90 days initially with the possibility of two 30-day renewals;

• Work permits under the Quota category will only be issued once the expatriate’s academic records have been submitted and a certificate of equivalence has been obtained. The employer has to also provide evidence that there are no outstanding payments to the National Institute of Social Security;

• Provision is made in relation to the transfer of expatriates, both in terms of transfer to a different work place and in case of a total or partial change of employer;

• Additional penalties are provided for cases where an employer declares to have hired Mozambican workers to increase the expatriate quota but fails to do so;

• There is a new obligation to terminate employment agreements with expatriates when Mozambican workers are dismissed, thus reducing the expatriate quota; and

• Detailed provisions on events triggering the cancellation of work permits and related procedures.

Our recommendations

Employers should prepare themselves for longer processing time frames when obtaining work permits and ensure that expatriates are working on the correct permits. Employers should avoid using employment agencies to sponsor the work permits.

There will be harsher penalties for non-compliance therefore it is important to apply for the correct permits prior to working in Mozambique and to ensure that all relevant returns are submitted timeously.

Should you need assistance with work permit applications in terms of these new rules or  have any other questions, kindly contact us.