.

2005 September

Country Report for HAITI

For the project entitled

Project #002
Study on Temporary Entry Regimes in
CARIFORUM and selected EU States

Report prepared for the Caribbean Regional Negotiating Machinery

July 2006

40 O’Connor Street, Woodbrook, TRINIDAD • 868-628-4478 (T) • 868-622-8936 (F)

dykon@tstt.net.tt dykondevelopments.com

Development is our Business

z Page 2 April 19, 2007

TABLE OF CONTENTS

Page No.

I. Executive Summary

Introduction 3
Key Findings 3

II. Work Permits

Transparency Requirements 4
Written Policy/Administrative Guidelines 5
Work Permit Policy/Framework 5
Application Procedure 5
Processing of Applications 6
Ministerial Discretion 6
Special Exemptions 6
Flow Chart – Work Permit Procedure 8
Procedure for Self-Employed Persons 9
Processing Time for the Application 10
Temporary Entry Permit Requirement 10
Flow Chart – Procedure for Self-Employed Persons 11
Legislative /Regulatory Regime 12

III. Visas

Visa Policy Framework 12

Residency Visa 13
z Page 3 April 19, 2007

I. EXECUTIVE SUMMARY
Introduction
The basis for this report is the development of a detailed inventory of the procedures
and processes governing the temporary entry of foreign personnel in each
CARIFORUM state including:

¾ the official contact point(s) or responsible agency(ies) for mode 4 matters in each
country
¾ a catalogue (electronic or hard copy) of the relevant laws, regulations and
administrative procedures governing temporary entry at the national level for the
categories of natural persons mentioned above.
¾ information on any Ministerial discretion that may exist regarding work permits or
visas for temporary entry, indicating any criteria for the exercise of this Ministerial
discretion.
¾ details of the appellate process, if any, in CARIFORUM countries.
¾ details of any Economic Needs Tests or labour market requirements existing in
CARIFORUM states for the granting of temporary entry.

Key findings
1. It must be noted that at the time of conduct of the survey (September 2005)
the country was in a state of transition and preparing for a third attempt at
General Elections. A number of laws were either suspended or changed by
Ministerial decree to accommodate the wishes of the present regime, or
allow for measures of expediency to be present.

2. The information on temporary entry into Haiti is not widely available within
Haiti, and its foreign offices, but this is moreso for visa entry (a permit to
enter).

3. For anyone who is not a citizen of Haiti, temporary resident and does not
have a Haiti Passport, a work permit is mandatory, if they should desire to
work in Haiti.

4. The granting of permission to work in the country is administrated and

regulated through the Ministry of Social Works.

5. A work permit is required prior to landing but sometimes one can apply for
a permit whilst in the country, but one should not work in those
circumstances.
z Page 4 April 19, 2007

6. The process for the granting of work permits is relatively facilitative yet
seeks to protect the interests of Haitians in so far that this can be
accomplished.

7. Work permits are granted for periods not exceeding one year, and there are
distinctions in fees based on self – employed as against the intra corporate
transferee.

8. Labour market test is not required, the skill level is already low.

9. There are no special provisions or other requirements if one is self-

employed. In order to work, one must have a work permit.

10. Exceptions are allowed for charity work such as UN, Peace Corps and so on,
the only other are exceptional cases are for speeding up the processing time
or the waiver of fees in special cases and as approved by the Minister.

11. In cases where a work permit is denied the application may be appealed by
writing to the Director of Immigration who will then make recommendation
to the Minister for a final decision, but this is a rare case.

12. Visas are not required for CARICOM nationals and nationals of the EU. The
only countries in the group being surveyed requiring a visa to enter Haiti is
the Dominican Republic.

13. The legislation governing the issuance of Work Permits, and thus the ability
of a non-National (outside of residency status) to work is the Haiti Labour
code.

14. The legislation governing the permission to stay in the country is through
the Immigration Law 1978. After the initial entry is treated with under this
Act, the length of stay is managed through the regularisation of the work
permit.

II. WORK PERMITS

Transparency Requirements
Official Contact Point for processing of work permits is:

Roland Chavannes
Ministère De INTÉRIEUR Et Des Collectivité Territoriales
Palais des Ministères
Port-au-Prince, Haïti (W.I.)

Tel: 011-509-244-4294
Email: mouhlin@yahoo.com
z Page 5 April 19, 2007

Written Policy/Administrative Guidelines that Governs the Regimes

Work Permits are issued by the Ministry of Social Works following submission by the
applicant of his/her passport, residence visa, job offer and a receipt from the Tax
Office (Direction Générale des Impôts);

Work Permit Policy/framework

The costs for the various types of work permits/visas are ($US) 25 – ($US)125.
Work Permits can be obtained and renewed as follows:

• First time application is in Port Au Prince

• Renewal is handled at each District Office in various locations
• One can only continue to work in Haiti if he/she has permanent residency
status.
• After five years of renewing residency, one can apply for nationality.
• The general practice is to leave at expiration of 3 months and come back next
day
• An exit permit needed after 3 months

Application Procedure
The permit/visa is applied for by the employer and following accompanying
documentation required:

• Formal Letter from employer Letter (Justification)

• Passport;
• Health Certificate;
• Police Record;
• Immigration Card;
• Two (2) passport sized photographs;
• Birth Certificate (Translated into French)

In addition to the above requirements, the following should be noted:

• Fiscal year regime October 1 – only one extension

• At this time need apply for permanent residency: Six months
• The formal letter providing the Employer Justification
• Have to pay taxes / fee G $5,000 – Cheque or money order to Ministry of
Interior
• The 32-page booklet has to be renewed every year and the fee has to be paid
each year
z Page 6 April 19, 2007

• No advisory committee Departmental resources are used to verify this

information

• The passport is not kept

Processing Of Applications
Generally the timeframe for the application process varies.

Self-employed persons must apply at the Consulate first and applications must be
made for:

• Business place
• Certification
• Permit to stay
• Don’t need to get a Work Permit to be able to get a permit to stay (PERMIS
DE SÉJOUR)

Self-employed persons may also enter as visitors and then subject to the residency
procedure establish a business.

• Minister indicated attraction for:

- Business / Investment
- Skills

• No advisory committee Departmental resources used to verify

• Passport is not kept

Ministerial Discretion
There are very rare cases of the application or use of Ministerial discretion,
because the country encourages skilled personnel, but not necessarily at the
expense of Haitians.

Special Exemptions
All exceptions have to complete a diplomatic application.

There are no special exemptions/ special rules, for certain categories of persons
from the normal application procedure.

Have to get diplomatic application

• For Nationals with Green Card/ Residence from US / Canada have no

requirement for entry
z Page 7 April 19, 2007

• 90 days stay is initial period

• Immigration special Services to apply for additional stay explain
reason
• Other Exemptions include Church

No special exemptions, except if this forms part of condition of agreed project

- Peace Corps etc

Can only work if you have permanent residency status. This can be done in the first 10
days if permanent resident

• After 5 years of renewing residency you can apply for Nationality

• Permit to stay allows you to work

• Procedure now being developed / documented via Internet – October 15 2005

• No appeal process

In the EPA Haiti has status of LDC and can discuss with EU, but were still part of
CARIFORUM, → conciliation was being sought; mainly through CRNM
z Page 8 April 19, 2007

WORK PERMIT PROCEDURE

HAITI

Submits:
• 2 Photos of identity (bearing dates
and seal of photographer)
• Forms establishing status (e.g. MINISTRY OF
Permit of residency or document INTERIOR
of immigration, student visa)
• Round trip plane ticket
• Pay expenses of US $25 - $125

Delivers
Residence
Visa

EMPLOYER

Send
Issues Denial
Work Letter
Permit
Submits:
• Receipt from the tax office
• Letter from Former Employer
YES
Passport
NO • Health Certificate
Reviews
• Police Record
& makes
• Immigration Card
decision
• 2 Photos
• Birth Certificate translated
into French
• Residence Visa
• Job Offer

MINISTRY OF
SOCIAL WORKS
z Page 9 April 19, 2007

Procedure for Self-Employed Persons

* A Business / Trade License is required. The Ministry responsible for this is area the
Ministry of Trade, Commerce & Industry.

• Manual of Procedure (defines the entire procedure)

- Incorporation (Haitian law)

• Self Employed / business person (Non-CARICOM)

Apply at Consulate first.

Or come as a visitor then within 90 days
↓
Apply for Business Place
↓
Apply for Certification
↓
Apply for Permit to stay
↓
Need to apply also to Ministry of Social Affairs for Work Permit
Every Foreigner needs a Work Permit

• Note that the Ministry of Trade insisted on Commentary of Inclusion

To Register a Commercial Name:

- Write a request to Ministry of Commerce & Industry.
- Attach $5 G stamp.
- The following information is required:
• 1st name and Surname of applicant
• Address of business owner
• ID Card # of owner
• Name of business to be registered
• Name of business applying for registration
• Name of business to be registered
• Activities covered by the business
• Application must be submitted in Original and one copy

After submitting application, the applicant must:

1. Take a copy of the letter which will enable them pay Registration tax of $150 G to
the Ministry of Commerce and Industry, and$13 G to the General Tax
Department.
2. Take receipt from General Tax Department plus $15.50 G for buying stamps at
the Ministry of Commerce and Industry – to attach to verbal registration process
(interview).
z Page 10 April 19, 2007

Processing Time for the Application

These formalities take approximately 3 weeks from date of submission of application

In case of an Emergency:

- The applicant can deposit with the application a certified cheque of $163
G payable to the General Tax Department, accompanied by the $15.50 G
stamp bought at Ministry of Trade and Industry.
- Processing may take approximately 1 ½ weeks

If urgently required:

- Provisional Registration Certificate may be issued on the same day as the

submission of application – cost $60.50 G.

Temporary Entry Permit Requirement

The requirements for a Temporary Entry Permit are as follows:

1. 4 ID photos
2. Request letter addressed to Ministry of Internal Affairs
3. Certificate of Good Health
4. Certificate of Good Character
5. All Pages on Passport
6. Job Letter
7. Bank Statement
8. $5,000.00 G cheque payable to Internal Affairs and Territory Organization

The applicant will then be granted an appointment at the Immigration Office once all
of the above criteria have been met.
z Page 11 April 19, 2007
PROCEDURE FOR SELF-EMPLOYED PERSON
HAITI

Submits:
• 2 Photos of identity (bearing date
and seal of photographer)
• Form establishing status (e.g. MINISTRY OF
Permit of residency or document INTERIOR
of immigration, student visa)
• Round trip plane ticket
• Pay expenses

Delivers
Residence
Visa
SELF-EMPLOYED
PERSON

Send
Denial
Issue
Letter
Work
Permit
•

NO
YES
Reviews
& makes
decision

MINISTRY OF
SOCIAL WORKS

FEES: US$ TO us $125

FREE ENTRY FOR CITIZENS
EXCEPT FROM CUBA, DOM REP,
COLOMBIA, CHINA, PANAMA
z Page 12 April 19, 2007

Legislative/Regulatory Regime
Immigration Law 1978 governs the regime on temporary entry

Treatment / Principle of reciprocity is the contextual environment in principle

• The Labour Code contains the regime

• One type of Permit Gd $1,000 = USD $25

• Chapter 6 Act 306 – 315

Immigration Laws – Constitution 1973 update 1977

• Law since 1973 were not changed under Aristide ( few amendments)

• Government of the day can change “law” / practice by Presidential decree

- Example of CET not enforced though intended at January 2004, but
because of Aristide’s departure

III. VISAS

Visa Policy/Framework
Visas for visitors are issued at the airport of Port-au-Prince, except for the
nationals of four countries. These countries are:
1. China
2. Colombia
3. Dominican Republic
4. Panama
5. Cuba
Citizens of all the other countries will as necessary obtain their visa of entry at the
airport of Port-au-Prince.
The applicant must provide the following documents to obtain a visa:
• two photographs of identity (bearing dates and seal from the photographer)
• form establishing status (e.g.: permit of residency or document of immigration,
student visa...)
• plane ticket (round trip ticket)
• pay expenses of twenty-five American dollars ($ 25.00)

The period for which visas are usually granted is ninety (90) days.

Only one extension for six (6) months is allowed.

z Page 13 April 19, 2007

• VISA requirement (changed by present government).

• Most countries need CARICOM (CSME comprised)
• Due to the impasse with CARICOM Haitians need VISA to go into:

o Trinidad & Tobago

o Bahamas
o Jamaica
o Antigua

Residency Visa:
An applicant presents his/her request in person or by mail to a Haitian diplomatic or
consular mission abroad which transmits it to the Ministry of Interior via the Ministry
of Foreign Affairs in Port-au-Prince, Haiti. The applicant will be notified of
acceptance or denial of his/her request within two or three months. If the applicant is
introducing his/her request in Haiti, he/she must contact the Ministry of Interior
directly.