Permits to Caribbean Integration and Beyond

With increased globalization, the work force of many Trinidad and Tobago companies now comprises nationals as well as non-nationals.

For a non-national to work in Trinidad and Tobago, the prospective employer must obtain a work permit. A reciprocal arrangement exists under which Caricom nationals are able to work in other Caricom territories for an indefinite period provided that they obtain a Caricom Skills Certificate of Recognition.

As the FTAA and the CSME become a reality, it is imperative for companies to ensure that their non-national personnel are duly authorised to work in Trinidad and Tobago and neighbouring territories. The same applies to foreign entities wishing to establish business in our country and the rest of the region.

International companies utilise the services of non-nationals in the start-up phases of their local operations and/or in circumstances where a local individual with that particular expertise cannot be recruited. A local company may even find itself in a situation where there is no suitably qualified local person to perform the particular task.

Where such situations arise, the company may consider recruiting a non-national to work in Trinidad and Tobago. A primary consideration is the grant of a work permit. This is not something peculiar to Trinidad and Tobago.

Work permits are required by almost every country in the world and regulate the number of foreign workers at any one time in order to preserve jobs for nationals. In Trinidad and Tobago, the work permit process takes approximately one month.

A non-national entering Trinidad and Tobago is entitled to work without a work permit for one period not exceeding thirty days in any twelve consecutive months. Once that single entry has been utilized, the non-national must obtain a work permit in order to continue to work in Trinidad and Tobago.

As the Free Trade Area of the Americas (FTAA) and the Caricom Single Market and Economy (CSME) become a reality, there will be an increased number of persons from the United States of America, Central and South America and the Caribbean working in each other’s territories.

In this regard, it is imperative for companies to ensure that their non-national personnel are duly authorized to work in Trinidad and Tobago and that their nationals are equally authorized to work elsewhere.

The work permit application process in Trinidad and Tobago is relatively simple, provided that all the required documentation is submitted to the Work Permit Committee. In applying for a work permit, the prescribed application fee of $600.00 and the following documents in original form together with seven copies are required:

• A completed prescribed application form
• A letter from the attorney or other applicant explaining the reason for the application
• Two (2) character references, one of which must be from the last employer
• A police clearance certificate with respect to the previous five years
• Proof of academic and/or technical qualifications
• The prospective employee’s Curriculum Vitae
• Two (2) passport photographs of the prospective employee.

  In the energy sector, there is more specific and detailed documentation that must be submitted by the applicant in relation to the post to be filled.

  Extensions of work permits are granted on submission of the prescribed application form together with a covering letter from the employer providing reasons why the extension has become necessary; a copy of the original permit; the employee’s Tax Clearance Certificate and the application fee of $600.00.

  The Work Permit Committee meets once per week to review applications. On favourable consideration, the duration fee of $5,400.00 per annum becomes payable, which sum may be apportioned for a shorter period.

  Work permits may be granted for a maximum period of three (3) years in the first instance and may occasionally be extended for further periods. A recipient of a work permit in excess of one year is required to obtain a medical examination.

  Employers should apply for work permits for their prospective employees and ensure that same are issued prior to the commencement of the employees’ employment in Trinidad and Tobago.

  A company that intends to hire a significant number of expatriates should present to the Work Permit Committee a report on its development plans in Trinidad and Tobago, its work in general, the company’s training opportunities for local staff and the number of expatriates that will be required for the company’s work in Trinidad and Tobago.

  As a condition for the grant of a work permit, the Work Permit Committee may request that a national of this country be identified and trained as an understudy for the particular position that the non-national will occupy irrespective of whether or not a permanent post is being created in the organisation.

  Notwithstanding the grant of a work permit, a non-national would also need to obtain the requisite visa for entry into Trinidad and Tobago, if one is required.

  Caricom Skills Certificate of Recognition

  In order to encourage the free movement of Caricom nationals, a ‘Certificate of Recognition of Caribbean Community Skills Qualification’ (Caricom Skills Certificate of Recognition) may be obtained from the relevant authority in a jurisdiction that is a part of the Caricom Single Market and Economy (CSME).

  Under our Immigration (Caribbean Community Skilled Nationals) Act No. 26 of 1996 as amended by Act No. 18 of 2003, the Caricom Skills Certificate of Recognition may be issued by the Ministry of Foreign Affairs to university graduates, media persons, sports persons, musicians and artistes of Antigua & Barbuda, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, St. Kitts-Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname and Trinidad and Tobago.

  Persons holding the Caricom Skills Certificate of Recognition are entitled to work in Trinidad and Tobago indefinitely and are entitled to acquire property for residential or commercial use as if that person were a citizen of Trinidad and Tobago.

  The spouse and dependent members of a person who holds a Caricom Skills Certificate of Recognition from our Ministry of Foreign Affairs, are also entitled to remain in Trinidad and Tobago for an indefinite duration provided that a deportation order has not been issued against the spouse or dependent member or such persons are not afflicted with a dangerous infectious disease.

  In applying for the Caricom Skills Certificate of Recognition, the applicant must submit an original and a copy of the prescribed form, the applicant’s birth certificate, the applicant’s passport, three passport size photos, the applicant’s marriage certificate, if any and academic certificates.

  The Committee that reviews the application meets once per month. If the application is approved, the Certificate is issued. There is no fee for the application or issue of the Certificate and it takes approximately 6 – 8 weeks for the application to be processed.

  A person who holds a Caricom Skills Certificate of Recognition from another jurisdiction is entitled to remain in Trinidad and Tobago for six months without restrictions on his freedom of movement. A Trinidad and Tobago national who intends to work in any of the CSME territories may obtain the Certificate from our local Ministry of Foreign Affairs and then obtain the reciprocal enforcement of the Certificate when he arrives in the specific jurisdiction.

  The Free Trade Area of the Americas

  The FTAA is intended to unite the economies of the Americas by eliminating barriers to foreign trade and investment that may exist in the respective jurisdictions. Similarly, the CSME is designed to increase the economic development of Caribbean states through free trade in goods and the free movement of capital, labour and services.

  In this context, as entrepreneurs poise themselves to capitalise upon a liberalised trade regime, it is imperative that they begin to consider how to obtain the relevant permits that would entitle them and their employees to work in our neighbouring jurisdictions. 

  HRMATT is the Professional body that represents HR Practitioners and Professionals in Trinidad and Tobago. Membership is open to those in and out of the field, nationals and non-nationals. The Secretariat can be contacted at 624-9606 or visit their website at www.hrmatt.com.

Myrna Robinson-Walters and Tene A. Reece