We operate in the context of a global marketplace where goods and services are exchanged across borders. Businesses are therefore required to look beyond their borders for business opportunities, advice, goods, services and labour.

The Foreign Nationals and Commonwealth Citizens Act (“the Act”) provides that where a foreign national or a Commonwealth citizen intends to engage in any occupation in Jamaica for reward or profit or be employed in Jamaica, they are required to have a valid work permit. To do otherwise is an offence under the Act for which both the employee and the entity shall be liable on summary conviction before a parish court to a fine not exceeding five hundred thousand dollars or to imprisonment with or without hard labour for a term not exceeding six months or to both such fine and imprisonment. A foreign national means a person who is not a citizen of Jamaica, a Commonwealth citizen or a Caricom national. A Commonwealth citizen means a person who has the status of a Commonwealth citizen under the Constitution of Jamaica and who is not a citizen of Jamaica.

An application for a work permit must be made to the Ministry of Labour and Social Security accompanied by the relevant supporting documents. The Foreign Nationals and Commonwealth Citizens (Employment) Regulations (‘the Regulations’) does however provide for an exception from the requirement to possess a work permit, where the visit qualifies for a short-term business visit.

A short-term business visit is available where a foreign national or a Commonwealth citizens falls within one of the classes of persons specified in the Regulations conducting business in Jamaica and the visit, for that purpose, does not exceed thirty 30 days or where it is more than one visit, not exceeding 30 days on each occasion and six months in the aggregate in one calendar year.

Categories covered in the regulations include:

i. Directors, inspectors and auditors of any company, association, organisation or body that:

a. operates in Jamaica or

b. controls any company, association, organisation or body which operates in Jamaica.

For these purposes, this applies where the company, association, organisation or body is incorporated or registered in Jamaica or elsewhere.

ii. Persons who visit Jamaica, on behalf of a principal who is not in Jamaica in connection with the appointment of, or for the purpose of having business consultations with, a business agent or distributor that is based in Jamaica.

iii. Persons visiting Jamaica to inspect the plant, machinery or equipment of any factory or other industrial worker or to give technical advice on the operation of any undertaking, business or enterprise or whatever kind is based in Jamaica.

Travellers intending to rely on the short-term business visit exemption must also either hold a valid visa prior to entry or be exempt from the requirement to possess a visa prior to entry to Jamaica for business purposes. These requirements will vary based on the traveller’s nationality and should be reviewed prior to each entry as the requirements are subject to change.

While not a requirement, when entering Jamaica, it is recommended the traveller should also travel with a letter, outlining the relationship between the traveller and the relevant entity, state the traveller’s position, the purpose of their trip and the relevant category in the Regulations they are seeking to base their entry on. Travellers and entities seeking to rely on the short-term business visit must be prepared to prove to the immigration authorities their activities fall within the relevant category under the Regulations.

Utilisation of overseas expertise provides a number of benefits to local entities, including upskilling and training of their existing local labour force. For businesses seeking to pursue this avenue, it is crucial to seek advice and ensure that foreign nationals or Commonwealth citizens are working in Jamaica pursuant to the Act, to reduce the risk of any liability under the Act along with any reputational damage that could arise.

Joanna Marzouca is an associate at Myers, Fletcher & Gordon, and is a member of the firm’s Commercial Department. Joanna may be contacted via Joanna.Marzouca@mfg.com.jm or www.myersfletcher.com. This article is for general information purposes only and does not constitute legal advice.