If there is no requirement to have a local director or shareholder in Morocco, what is the process of obtaining a work permit for foreign employees?
The process of obtaining a work permit for foreign employees includes two phases: obtaining a foreigner’s employment contract and a work-stay permit.
Obtaining a foreigner’s employment contract
Any employer who wishes to hire a foreign employee must obtain authorisation from the Ministry of Employment. This authorisation is granted in the form of a visa stamped on the foreigner's employment contract. Before this request for a foreigner's employment contract, the employer must apply for a certificate of activity from the National Agency for the Promotion of Employment and Skills (Agence Nationale de la Promotion de l’Emploi et des Compétences – ANAPEC).
Then the ANAPEC publishes a job offer on a national level to allow any Moroccan candidate presenting the required profile to apply for the requested job. This is an application of the national priority rule, which is in force in many countries.
Within a period, in practice, of at least 15 days (for very experienced profiles), if no national candidates apply or do not match the profile needed, the ANAPEC issues a certificate by which it certifies the absence of national candidates to fill the proposed job and allows the recruitment of the foreign employee.
The employer then must send the entire file to the Ministry of Employment, which will issue a foreigner's employment contract allowing the foreign employee to apply for a work-stay permit.
Obtaining the work-stay permit
Once the foreigner's employment contract has been issued, the employee must go to the wilaya (prefecture) of the city where the employer is located to apply for a residence permit for the employee.
A receipt for the application, which is valid for three months and renewable once for the same period, is given to the applicant.
After four renewals, the foreign employee may apply for a residence permit that is valid for 10 years.
Short-term working arrangement
The short-term working arrangement has now made it possible for foreign residents in Morocco to carry out professional activities, including various types of work, for a maximum period of three months.