Section 9A: Occupation permit

9A. Occupation permit (1) Notwithstanding section 5 and the Non-Citizens (Employment Restriction) Act, any investor or self-employed non-citizen or employer of a professional, registered with the Board of Investment, shall, through the Board of Investment, apply to the immigration officer for an occupation permit authorising the investor, self-employed non-citizen or professional, as the case may be, to become a resident and— (a) in the case of the investor or self-employed non-citizen, to carry on any occupation in Mauritius for reward or profit; (b) in the case of the professional, to take up employment in Mauritius; or (c) in the case of an investor who is a company, an application for an occupation permit may be made in respect of each shareholder who is also a director of the company, provided that the criteria referred to in item 1 of Part I of the Schedule to the Investment Promotion Act are applied to each applicant. (2) The application under subsection (1)— (a) shall be made in such form and manner as may be approved by the immigration officer; and [Issue 5] I2 – 12 Revised Laws of Mauritius (b) shall include such information, documents and particulars as may be required and specified in the application form; and (c) shall be accompanied— (i) by the prescribed fee; and (ii) — (iii) in the case of a professional, by a written undertaking by the employer that he will meet any expense or charge likely to be incurred for the maintenance, support or repatriation of the holder of the occupation permit. (3) On receipt of the application under subsection (1), the immigration officer shall immediately issue to the Board of Investment an acknowledgement receipt in respect of the application. (4) The immigration officer shall, within 2 working days of the date of receipt of the application, determine the application and where— (a) the application is approved, issue the occupation permit— (i) in the case of an investor or a self-employed non-citizen, for a period of 3 years; or (ii) in the case of a professional, for the period specified in his contract of employment or for a period of 3 years, whichever is the lesser; (b) the application is not approved, the immigration officer shall— (i) give written notice thereof to the applicant with copy to the Board of Investment; and (ii) at the same time, return to the applicant, the written undertaking. (5) Where the immigration officer has not approved the application within the period specified under subsection (4) and has notified the applicant of his decision, he shall, within 7 working days of the notification, refund to the applicant such fee as may have been paid. (6) Where, within 2 working days of the date of receipt of the application, the application is not determined in accordance with subsection (4), the application shall be deemed to have been approved and the acknowledgement receipt referred in subsection (3) shall be deemed to be an occupation permit issued under subsection (4) (a) (i) or (ii), as the case may be. (7) On the working day immediately following the 2 working days referred in subsection (4), the Board of Investment shall, subject to subsection (4) (b), and after consultation with the immigration officer, issue the acknowledgement receipt to the applicant. I2 – 13 [Issue 7] Immigration Act (8) Sections 6 and 6A shall apply to a person who has been issued with an occupation permit as they would have applied to a person who has acquired the status of resident. [S. 9A ins ii), as the case may be. (7) On the working day immediately following the 2 working days referred in subsection (4), the Board of Investment shall, subject to subsection (4) (b), and after consultation with the immigration officer, issue the acknowledgement receipt to the applicant. I2 – 13 [Issue 7] Immigration Act (8) Sections 6 and 6A shall apply to a person who has been issued with an occupation permit as they would have applied to a person who has acquired the status of resident. [S. 9A inserted by s. 5 (g) of Act 21 of 2006 w.e.f. 1 October 2006; s. 14 (d) of Act 18 of 2008 w.e.f. 19 July 2008; s. 11 (c) of Act 26 of 2012 w.e.f. 22 December 2012; amended by s. 22 (a) of Act 27 of 2013 w.e.f. 21 December 2013.]