Occupation Permits in Mauritius: who can apply for it?
An Occupation Permit in Mauritius is a combination of a work and residence permit. It is essential if you are a foreign national wishing to invest or work in the country. There are 3 categories under which the application for an Occupation Permit can be processed. These are investor, professional and self-employed. The type of Occupation Permit that a non-citizen must apply for depends on the nature of his/her activities in the country. All Occupation Permits are issued for a maximum period of 10 years and they can be renewed afterwards. It should be noted that the dependants of someone holding an Occupation Permit may also apply for a residence permit for a duration that does not exceed that of main holder. Let’s have a look at the different categories of Occupation Permits. Investor First of all, we must define what an investor is. According to the Immigration Act in Mauritius, an investor is “a person who is not a citizen of Mauritius, an association or body of persons, whether corporate or incorporate, the control or management of which is vested in persons who are not citizens of Mauritius and registered as such with the Economic Development Board”. If you are an investor, you can choose between three options to apply for an Occupation Permit in Mauritius. NormalThe investor has to proceed with an initial transfer of USD 50,000 or its equivalent in freely convertible currency in the bank account of the company under which the application will be made. Net Asset ValueThis option involve investors already having an established business. They must have a net asset value of at least USD 50,000 or its equivalent in freely convertible foreign currency for existing businesses and businesses inherited. A cumulative turnover of at least 12 million rupees during the 3 years preceding the application must be provided. Hi-tech machines and equipmentThis option also involves an initial investment of USD 50,000, or its equivalent in freely convertible currency. Nonetheless, the investor can make a minimum transfer of at least USD 25,000 to the bank account of the company under which the application will be made. The equivalent of the remaining value will be in high technology machines and equipment. Investor for innovative start-ups Innovative start-ups also fall under the category of investors. Foreign nationals having an innovating project in mind can apply for an Occupation Permit under the following 2 options. No minimum investment is required. However, a plan of the innovative project must be submitted to the Economic Development Board. This involves registration with an incubator accredited with the Mauritius Research and Innovation Council. It applies to companies conducting Research & Development in qualifying sectors. Some of these are life and health sciences, technology, ICT, fintech, biotechnology, nano technology, light manufacturing, pharmaceuticals and design The following criteria are essential for eligibility The business plan must clearly depict all expenditures related to the Research & Development activities. The R&D expense component must be at least 20% of total operational expenditure during the research phase. The Economic Development Board will assess each project on a case to case basis. It will look at it the individual merit to determine whether it is eligible for the scheme. Professional This is the second category under which an Occupation Permit can be applied for. What is a professional? The Immigration Act defines a professional as “a foreign national employed in Mauritius by virtue of a contract of employment and registered as such with the Economic Development Board”. Professionals may also apply for a short-term occupation permit that does not exceed 9 months. It can be extended only once for 3 more months. The following criteria defines a professional: He/she must earn a monthly basic salary of at least MUR 60,000. Those in the sector of information and communication technologies (ICT), business process outsourcing (BPO), pharmaceutical manufacturing and food processing must obtain a monthly basic salary of at least MUR 30,000. A professional holding an Occupation Permit also has the right to invest in any business on the condition that he/she is not employed in the business, he/she does not manage the business, he/she does not derive any salary or employment benefits from the business. To obtain an Occupation Permit, the professional must provide a contract of employment that is duly signed by the employer. This document must contain the applicant’s full name as on his/her passport, the company’s name, the professional’s job title, the duration of his contract and his monthly basic salary. Self-employed The third category under which foreign nationals can apply for an Occupation Permit is ‘self-employed’. Who is a self-employed? He/she is defined as: “ a non-citizen engaged in a professional activity under the services sector only and registered with the Registrar of Businesses under the Business Registration Act 2002”. He/she must operate a one-person business activity, working exclusively for his/her own account. To obtain an Occupation Permit, the self-employed should make an initial transfer of USD 35,000 or its equivalent in freely convertible foreign currency. This must be made to his/her local bank account at the time of issuance of the Occupational Permit. If a self-employed wishes to renew his business activity, he/she must prove that the business generate an income of 800,000 rupees per year as from the third year of registration. How to apply for an Occupation Permit? If you are a foreign national wishing to apply for an Occupation Permit in Mauritius, you can get in touch with one of Blue Azurite’s agents. A professional in the matter will advise and assist you accordingly.
Permits- Amendments in Finance (Miscellaneous Provisions) Act 2020
Occupation Permits (Ops) OPs were issued for an initial period of 3 years but this has now been extended to 10 years for both the Investor OP and Self-employed OP. For the Professional OP, the validity period remains unchanged i.e. it will still be issued for an initial period of 3 years. At the expiry of their OPs, non-citizens can either renew their OPs or consider applying for a Permanent Residence (PR), subject to meeting the required conditions. The validity of the PR has been doubled to 20 years The changes are effective as from 1 September 2020 Investor OP Eligibility Criteria for OP The minimum investment to be made by investors has been reduced from USD 100,000 to USD 50,000. The renewal criteria has also been relaxed and the OP will henceforth be renewed if the company generates a minimum gross income of MUR 4 million (circa. USD 114,000) per year as from third year of registration – prior to the Finance Act 2020, the company had to generate a cumulative turnover of at least MUR 12 million (circa. USD 342,800) during the 3 years preceding the application for the renewal of the occupation permit and with a turnover of at least MUR 2 million (circa. USD 57,000) per year Professional OP Eligibility Criteria for OP Foreign professionals operating in other sectors will be eligible for a Professional OP if they derive a monthly basic salary of at least MUR 60,000 (circa. USD 1,700) In addition, under the Act, investment restrictions for Professional OP holders have been waived – implying that they can now invest in a business provided that they: are not employed in the business; do not manage the business; and do not derive any salary or employment benefits from the business. Holders of Occupation Permit as Professional may hold shares in a business where he is employed provided that he is not a majority shareholder Self-employed OP Eligibility Criteria for OP The self-employed OP will be renewed if the individual generates a minimum business income of MUR 800,000 (circa. USD 22,800) per year as from the third year of registration – prior to the Finance Act 2020, the individual had to generate a cumulative turnover of at least MUR 2.4million (circa. USD 68,500) during the 3 years preceding the application for the renewal of the occupation permit and with a turnover of at least MUR 600,000 (circa. USD 17,100 per year) For PR after 1st September 2020 Applicant must be the holder of a Self-employed OP and must have generated annual business income of at least MUR 3 million (circa. USD 85,700) for 3 consecutive years immediately preceding the PR application. Retired Non- Citizens Extension of the validity period of the Retired RP from 3 years to 10 years Subject to meeting the required conditions, holders of Retired RP may apply for a Permanent Residence (PR). The PR* will be issued for a period of 20 years Retired RP holders no longer have investment restrictions and may invest in a business provided that they: (i) are not employed in the business (ii) do not manage the business (iii) do not derive any salary or employment benefits from the business Retired non-citizens who have been granted a PR are eligible to engage in any occupation for reward or profit without having to apply for a separate OP or work permit. For PR after 1 September 2020 Applicants must: (1) have held a residence permit as retired non-citizen for at least 3 years; and (2) have transferred such amounts, by instalments or otherwise, the aggregate of which shall be at least USD 54,000 or its equivalent in freely convertible foreign currency, during the period of 3 years N.B: The minimum investment amount criteria entitling foreigners to a residence permit following the acquisition of property under the Property Development Scheme, the Real Estate Scheme, the Integrated Resort Scheme and the Smart City Scheme (collectively referred to as the “Schemes”) is now set at USD 375,000 (previously: USD 500,000). Foreigners investing in the above Schemes and having received their residence permits may now engage in any occupation for reward or profit. Previously, they were not entitled to work on the island if they did not have a valid OP or work permit. Dependants of OP and RP Holders OP and RP Holders can apply for residence permits for their dependents. The definition of “Dependents”* has been broadened under the Finance Act 2020 to include the parents of the OP and RP Holders. * “Dependents” is now defined as the spouse, dependent child, parent or other dependent of a person.
