Trinidad and Tobago - CARICOM

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Country Report for TRINIDAD AND TOBAGO

For the project entitled

Project #002 Study on Temporary Entry Regimes in CARIFORUM and selected EU States Report prepared for the Caribbean Regional Negotiating Machinery

July 2006

40 O'Connor Street, Woodbrook, TRINIDAD ? 868-628-4478 (T) ? 868-622-8936 (F) dykon@.tt Development is our Business

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TABLE OF CONTENTS

I. Executive Summary

Introduction Key Findings

II. Work Permits

Transparency Requirements Work Permit Policy/Framework Application Procedure Processing of Applications Economic needs Test/Labour Market Requirements Ultimate Decision regarding granting of Work Permits Special Exemptions/Special Rules Flow Chart ? Work Permit Procedure Flow Chart ? Procedure for Self Employed Persons Duration of Long Term/Short Term Work Permits After the Application Procedure Legislative/Regulatory Regime Governing Work Permits Flow Chart ? Renewal Process

III. Visas

Transparency Requirements Application Procedure Visa Requirements for Different Countries Visa Waiver Processing of Applications After the Application Process Legislative/Regulatory Regime Ministerial Discretion

April 19, 2007

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I. EXECUTIVE SUMMARY

April 19, 2007

Introduction

The basis for this report is the development of a detailed inventory of the procedures and processes governing the temporary entry of foreign personnel in each CARIFORUM state, including:

? the official contact point(s) or responsible agency(ies) for mode 4 matters in each country

? a catalogue (electronic or hard copy) of the relevant laws, regulations and administrative procedures governing temporary entry at the national level for the categories of natural persons mentioned above

? information on any Ministerial discretion that may exist regarding work permits or visas for temporary entry indicating any criteria for the exercise of this Ministerial discretion

? details of the appellate process, if any, in CARIFORUM countries ? details of any Economic Needs Tests or labour market requirements existing in

CARIFORUM states for the granting of temporary entry.

Key Findings

1. The processing of work permits is done by the Ministry of National Security and decisions on work permits are made by a committee comprising of persons from the Ministry of National Security inclusive of its Immigration Department, the Ministry of Labour Small and Micro Enterprise Development, the Ministry of Trade and Industry, the Ministry of Energy and Energy Industries and a Representative from the Tobago House of Assembly. The Permanent Secretary of the Ministry of National Security chairs the committee and there is another representative from the said Ministry who is the secretary of the committee.

2. The procedure for the processing of work permits is separated from that for the processing of visas.

3. The Ministry of Foreign Affairs in collaboration with the Immigration Office of the Ministry of National Security does the processing of visas.

4. The processing of certificates for Graduates of the University of the West Indies, Musicians, Artistes and sports persons in CARICOM is done by the Ministry of Foreign Affairs under the CSME.

5. Persons do not require work permits to work for periods of one month and under if the person has not been in the country for the past twelve months.

6. The information on temporary entry into Trinidad and Tobago is widely available within Trinidad and Tobago, and of course its foreign offices.

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April 19, 2007

7. For anyone that is not a citizen of Trinidad and Tobago, temporary resident and is not a holder of a Trinidad and Tobago Passport, a work permit is mandatory, if they should desire to work in Trinidad and Tobago.

8. The granting of this permission to work in the country is administrated and regulated through the Ministry of National Security.

9. A work permit is required prior to landing but sometimes one can apply for a permit while in the country.

10. The process for the granting of work permits is relatively facilitative yet seeks to protect the interests of Trinbagonians. The Ministry of Labour, through the Chief Manpower Officer must be advised of available positions and is able to link this through the database of Nationals.

11.Work permits are granted for periods up to three years, and there are no distinctions in fees, which are based on length of stay.

12.A labour market test is required. Employers must advertise vacancies locally.

13.There are no special provisions or other requirements if one is self-employed. In order to work, one must have a work permit.

14.Exceptions are allowed for charity work such as UN, Peace Corps, University staff and so on, the only other are exceptional cases are for speeding up the processing time or the waiver of fees in special cases, as approved by the Minister.

15.In cases where a work permit is denied the application may be appealed by writing to the Commissioner of Labour who will then make recommendation to the Minister for a final decision.

16.Visas are not required for CARICOM nationals and nationals of the EU. The only country in the group being surveyed requiring a visa to enter Trinidad and Tobago is Haiti.

17. The legislation governing the issuance of Work Permits, and thus the ability of a non-National (outside of residency status) to work is the Immigration Act Chapter 18:01 Reg 10 (1)

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II. WORK PERMITS

April 19, 2007

Transparency Requirements

Official Contact Point for processing of work permits is:

Work Permit Section Ministry of National Security Temple Court 31-33 Abercromby Street, Port of Spain Trinidad and Tobago Fax Number 623-2154 Telephone Number 623-2441-8 Email Address: mns@.tt

Work Permit Policy/framework

Information regarding the regime for a temporary entry work permit is available from the Ministry of National Security. There are set guidelines to follow in applying for a work permit and a copy of the guidelines was given to the consultants.

Application Procedure

The procedure is the same for national and non-nationals of CARICOM countries. The employer is required to apply for the work permit. The work permit is required prior to landing in the country.

There are prescribed application forms that can be obtained from the Ministry of National Security. An original and seven (7) copies of application forms have to be completed and signed by both the proposed employee and the prospective employer at sections 23 and 33 respectively. The application form has to be completed in its entirety, as incomplete applications will not be accepted. An application fee of TT$600.00 is payable to the Ministry of National Security, 31-33 Abercromby Street, Port of Spain. There is also a duration fee of $450.00 per month that is payable in advance depending on the duration of the work permit.

There has to be a covering letter (original and 7 copies) from the prospective employer that sets out the reason for the request for a work permit and give reasons why a national cannot he hired.

Supporting documents include:

1. Passport ? a copy of the passport will suffice i.e. pages that show the relevant information re applicant.

2. Curriculum vitae and proof of qualifications. 3. Work/contract documents giving details. 4. Two (2) character references, including one form a previous employer. Original

and 7 copies each.

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