If there is no requirement to have a local director or shareholder in Ghana, what is the process of obtaining a work permit for foreign employees?
Act 992 requires that at least one director of a company incorporated in Ghana is ordinarily resident in Ghana at all times.
Before a foreign employee can work in Ghana, they must acquire a work permit. Work permits are issued by the Ghana Immigration Service. The Ghana Investment Promotion Centre, the Freezones Board, the Ministry of Interior and some other industry regulators also provide immigrant quotas for regulated entities.
A company with more than USD 700,000 of paid-up capital is entitled to an automatic expatriate quota of four people.
A company seeking to procure work permits for foreign employees may do so by obtaining a work permit application form from the Ghana Immigration Service Office in Accra. The applicant is expected to accurately complete and sign the application form.
Generally, a Ghana work permit is valid for one year, with the option to renew. A residence permit from the Director of Immigration will also be required for residing and working in Ghana.
The application forms should be signed by an authorised representative of the employer. The person who signs the application must attach relevant documents as proof that they are an officer of the company.
A foreign employee may enter Ghana on a business visa and apply for a work permit before the expiration of their visa. Under the GIPC Act, a company that employs a foreign employee is required to apply for an immigration quota from the GIPC and then an application is to be made at the Ghana Immigration Service for the work permits. The act also provides for automatic expatriate quotas for companies based on the company’s paid-up capital.
An approval to fill an immigrant quota may specify the period for which a foreign employee may occupy a particular post while a Ghanaian studies under them to take over upon expiry of the period.