Introduction
Work Permit
Work Permit in Ghana is an authorization granted to an employer or employee to engage in lawful and gainful employment. The term work permit is used synonymously with a short-term license. Work Permit can be applied for and be given for a specific period, typically not exceeding five (5) years at a time. They are not renewable, extendable, or transferable. Applicants must apply for exact and specific duration desired with justification. Unlike Expatriate Quota, where there is a minimum guarantee after fulfillment of paid-up capital, the law does not guarantee an applicant automatic work permit.
Expatriate quotas, on the other hand, once granted, are for an indefinite period, that is, for as long as the investors need to keep such workers in Ghana to facilitate his business operations. Expatriate quotas are, however, tied to the investor’s paid-up capital.
Automatic Expatriate Quotas
The law guarantees a minimum automatic expatriate quota once the paid-up capital required in the appropriate circumstances is paid. For instance, an enterprise which has a paid-up capital of not less than fifty thousand United States Dollars and not more than Two Hundred and Fifty Thousand United States Dollars is entitled to an automatic expatriate quota of one person.
Also, an enterprise which has a paid-up capital of not less than Two Hundred and Fifty Thousand United States Dollars and not more than Five Hundred Thousand United States Dollars is entitled to an automatic quota of two persons.
Further, an enterprise which has a paid-up capital of not less than Five Hundred Thousand United States Dollars and not more than Seven Hundred Thousand United States Dollars is entitled to an automatic expatriate quota of three persons.
Finally, an enterprise which has a paid-up capital of more than Seven Hundred Thousand United States Dollars is entitled to an automatic expatriate quota of four persons.
Notes on contributor
Mr David Yaw Danquah is the founder of Legalstone Solicitors LLP, a boutique law firm in Ghana with a concentration on Corporate and Commercial, Mining and Infrastructure, and Real Estate and Construction Law.
David’s areas of focus are Corporate and Commercial, Mining and Infrastructure, Debt Recovery and Restructuring, and Commercial Arbitration.
David has advised on numerous investments, infrastructure, and mining-related transactions. He has an impeccable record of providing technical savvy and exceptional client services.
David is a graduate of Kwame Nkrumah University of Science and Technology (KNUST), Kumasi, where he received his Bachelor’s Degree in Law (LL. B) and the Ghana School of Law, where he studied and received a Post Graduate Qualifying Certificate in Law (PQCL). He holds a Certificate in Negotiation Mastery from Harvard University. Presently, he is pursuing an LL.M in International Dispute Resolution at the prestigious Queen Mary University of London, United Kingdom.
David is a member of the Ghana Bar Association, Association of International Petroleum Negotiators (AIPN) and Institute of Energy Law (IEL) based in Houston, U.S.
Legal Notice
The contents of this publication, current at the date of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your particular circumstances should always be sought separately before taking any action based on this publication.
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