MOROCCO: Fewer Intra-Company Transfers Qualify for Exemption from Labour Market Testing

In the last few weeks, the Ministry of Labour in Morocco has tightened the qualifying criteria for the intra-company transfer work permit process. The ICT process exempts employers from obtaining approval from the Agence Nationale de Promotion de l'Emploi et des Competences (ANAPEC) certifying that no local Moroccan candidate suits the position.

Effective immediately, only transfers from the parent company qualify for this route. For transfers between sister companies an affidavit from ANAPEC is required.

ANAPEC has also introduced a new service fee of between MAD 1500 and MAD 5000, depending on the case, for an application for an affidavit of approval, and has committed to processing affidavits faster for positions that do not require a published advertisement.

Finally, police are less tolerant than ever of late renewals of residence permits or visa overstay, preventing foreign nationals in these situations from exiting the country until they regularize their immigration status.

Our Advice

Employers in Morocco intending to transfer foreign national employees from a sister company should be aware that this kind of transfer no longer qualifies for a labour market test exemption, and the process will therefore take longer than previously.

Employers applying for an ANAPEC affidavit of approval should be prepared to pay the new service fee in advance.

Employers should be sure to track the expiry dates of their foreign national employees’ residence permits and visas.

For advice and information on immigration to Morocco in general, please email us at enquiries@newlandchase.com