EXPATRIATE QUOTA SYSTEM 

 

  1. What is the Expatriate Quota

 

Expatriate Quota, as is used in The Gambia, refers to the allowable number of non-citizens to be employed by businesses operating or wishing to operate in The Gambia. Such businesses may be fully foreign owned, joint ventures or fully indigenous.

 

(2)EXPATRIATE QUOTA SECRETARIAT

 

The Expatriate Quota Secretariat at the Gambia Immigration Department, under the Ministry of Interior, is located at No. 12 Clarkson/Fitzgerald Street, Banjul is supervised  by the Ministry of Trade, Industry, Regional Integration and Employment. It is the administrative arm of the Expatriate Secretariat responsible for all-administrative work, documentation, record keeping, receiving and processing applications, monitoring and enforcement of the expatriate quota. The Officer Commanding Expatriate Quota Secretariat heads the Secretariat.

(3)APPLICATION PROCEDURE

Companies or establishments operating in The Gambia are required to apply for Expatriate Quota before employing any expatriate. However, this does not apply to religious or charitable institutions of a public character in respect of clergymen, imams, missionaries, doctors, teachers and refugees.  Notwithstanding this exemption, they are required to apply for expatriate quota.

 

The application procedure for Expatriate Quota shall follow the steps mentioned below accordingly and exclusively:

 

  1. The application form shall be issued by the Secretariat at a cost of one Hundred Dalasi (D 100.00) non refundable fee;
  2. The application form shall be completely filled and signed by the employer;
  3. The filled and completed forms shall be returned to the Secretariat for processing;
  4. Establishments are required to submit annually report on the utilization of the expatriate quota approval issued to them by the Board. Information on any visiting expatriates, whether or not such expatriates are on business, temporary work should also be disclosed in the expatriate quota monthly report.
  5. If on temporary assignment exceeding fourteen (14) working days, applications for expatriate quota should be made.

 

(4)INFORMATION TO BE PROVIDED IN AN APPLICATION WITH SUPPORTING DOCUMENTS

 

All applications for Expatriate Quota Allocation shall be accompanied with the following:

 

  1. The payroll of the company;
  2. Certificate of Incorporation or Business registration certificate;
  3. Company current Tax Clearance Certificate;
  4. Program/strategy for the reduction of expatriates with specific target dates to convert the expatriate positions to Gambian positions,
  5. Organizational Chart or an organogram;
  6. Business case;
  7. Employer and Employee tin number;
  8. Residential permit and or copy of passport;

 

(5)COMMUNICATION WITH APPLICANT COMPANIES

 

Upon approval of the recommendations of Expatriate Quota Allocation Board, the Coordinator shall communicate the decision to the Secretariat. Consequently, the Secretariat shall convey the approval including a demand note to the applicant who will then pay the following applicable rates per expatriate to the Gambia Revenue Authority:

 

  • ECOWAS Nationals               –          D 10,000.00 (Ten thousand Dalasi only)
  • Non-ECOWAS Nationals       –          D 40,000.00 (Forty thousand Dalasi only)

 

(6)CONSEQUENCES OF NON-COMPLIANCE

 

  1. Any employer would be deemed to have committed a breach if it employs any expatriate staff either on permanent or temporary position(s) outside of the procedures specified in this Guideline.
  2. The Board would require immediate removal from employment of such expatriate(s) and penalize the company in line with the provisions of the Pay Roll Act, which states that a person who:
  1. “Fails or neglects to submit or comply with any requirement of the Commissioner –General under this Act or any order made hereunder”
  2. “Without reasonable cause, proof of which shall lie on him or her, refuses or neglects to attend and give evidence when required by the Commissioner-General or any other officer duly authorized by him or her to answer truly and fully any questions put to him or her or to produce any book or papers required of him or her by the Commissioner-General or other officer; or ”
  3. “Contravenes any provision of this Act for the contravention of which no penalty is provided”,

Commits an offence and on conviction thereof is liable to a fine not exceeding two thousand five hundred Dalasis or imprisonment for a term not exceeding five years or to both the fine and imprisonment.

 

 

(7)RENEWAL OF EXISTING EXPARTRIATE QUOTA

 

A company seeking for an extension or renewal of existing Expatriate Quotas shall:

 

  1. Show proof that no Gambian could be found internally within the company to occupy the position(s).
  2. Show proof that the position(s) under application have been advertised in at least three major Gambian newspapers, and an international newspaper if possible.
  3. Submit a draft advertisement for the position(s) to the Expatriate Quota Allocation Board for review and approval.
  4. Submit notification on dates of requisite approvals, interviews and results.

 

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