- Work Permit Documentation Requirements Restricted
- November 8, 2016
- Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
Immigration authorities have implemented stricter work permit documentary requirements, effective immediately.
Long-Term and Short-Term Work Permit Requirements
The new rules that apply to long-term and short-term work permits are as follows:
- Supporting documents must be certified in the country of origin by a notary public or commissioner of oath. If the applicant is in Botswana, the applicant can apply for certification at the embassy of the country of origin;
- Copies of applicable licenses (for trading, mining, etc.) must be attached to each application;
- Where a contract exists between a resident company or government agency and a foreign company, the contract or confirmation of the contract must state the purpose, duration and other matters relevant to the purpose of the visit to Botswana; and
- Corporate documents, such as the certificate of incorporation, list of directors and list of shareholders (obtained from the Registrar of Companies, the company secretary or the company’s auditors or accountants) must be provided for all applications.
The additional following rules apply to long-term work permit applications:
- The applicant’s educational background and work experience must match the job advertisement;
- A brief report of the understudy should be attached, or an explanation as to why one cannot be recruited; and
- A summary of the recruitment outcome must be provided (including an explanation of why the employer was unable to recruit a local worker);
- A localization policy should be attached, or an explanation as to why the company cannot provide one.
The additional following rules apply to short-term work permit applications:
- The nature of the emergency must be clearly stated in each application;
- The work plan in Botswana - which is an action plan detailing the activities involved and the date on which they will be completed - must be provided; and
- The contract period should not exceed 90 days. If it does, the application must indicate that the applicant’s services will be needed only for 90 days or less.
Work permit applicants and their employers should abide by the stricter documentary requirements, and can expect delays as authorities will have to verify the new information in the application process.