Why Hire Foreign Talent?
Hiring international talent can bring fresh perspectives, specialised expertise and valuable advantages to your business. However, before a foreign national can work or engage in work-related activities in Trinidad and Tobago, whether paid or unpaid, it is critical that legal authorization from this country’s Ministry of National Security is obtained in the form of a Work Permit.
Who Can Apply for a Work Permit?
Work Permits are available for employees of a company or an individual, sole traders and investors or directors of a company. The authorisation can range in duration from one month up to a maximum of three years and extensions may be granted, if the circumstances justify it. While a Work Permit does not grant permanent residency, it allows the foreign national to reside and work and for their dependents to reside in Trinidad and Tobago for the duration of the permit.
Local Hiring Requirement
The employer may be a local or external company, which is registered under the laws of Trinidad and Tobago or an individual who is a national of Trinidad and Tobago. The job vacancy must first be advertised in a local daily newspaper for seven (7) consecutive days before applying. This ensures that qualified local candidates are given the opportunity to apply. If no suitable Trinidad and Tobago national is identified during this process, the employer may proceed to hire the foreign national.
Navigating the Application Process
Work Permit applications are submitted via the Ministry of National Security’s online platform at TTBizLink. There is a standard list of documents required for the application and the option to include additional supporting documentation as may be necessary. This part of the process can be daunting and complicated and for this reason, many employers choose to have an Attorney-at-Law who is familiar with the application process act as an agent to apply on their behalf.
Consequences of Non-Compliance
It is important to note that, under the Immigration Act, failure to secure work authorisation may result in detention, deportation, fines and imprisonment. Additionally, employers are required to comply with taxation and employment laws which apply to TT nationals when hiring a foreign national.
Taxation and Employment Obligations
National Insurance contributions and payment of minimum wages and overtime are applicable as stipulated in the governing legislation. While the foreign national may be paid by the local employer or kept on the payrolls of their home employer, if they work in Trinidad and Tobago for more than 183 days, a Board of Inland Revenue (BIR) file number must be obtained and the employer must ensure that income tax is paid on the employee’s behalf.
Get Expert Help for a Smooth Process
Bringing a foreign national onto your team in Trinidad and Tobago requires careful adherence to local immigration, taxation and employment laws and regulations to avoid penalties. JCS Caribbean Law’s Immigration Department has an excellent success rate for work permit applications. We can assist the employer to advertise the role, collect documentation, submit applications and provide related services after the work permit is secured, to ensure a compliant and successful hire.