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ECOWAS Visa-Free Entry

BeninFree movement

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Benin Read the five questions ↓

Which citizenship, status or regional agreement creates the person's right to move/reside?

The person's right derives from ECOWAS Protocol A/P.1/5/79 Relating to Free Movement of Persons, Residence and Establishment (signed in Dakar, 29 May 1979; Benin is an original signatory). Community citizens have the right to enter the territory of ECOWAS Member States, with that right implemented in stages: Phase I is the Right of Entry and Abolition of Visa, Phase II the Right of Residence, and Phase III the Right of Establishment.

See recorded sources

Under which circumstances can the person reside: worker, self-employed, student, jobseeker, self-funded person or another recognised basis?

A Community citizen visiting Benin for a period not exceeding 90 days may enter through the official entry point free of visa requirements. If the visit needs to continue beyond 90 days, the citizen must obtain permission for an extension of stay from the appropriate authority. Benin, like any Member State, keeps the right to refuse admission to any Community citizen who falls within the category of inadmissible immigrants under its own laws. The official source does not state a worker, self-employed, student, jobseeker or self-funded residence basis.

See recorded sources
  • Protocol A/P.1/5/79, Article 3(2)
    A citizen of the Community visiting any Member State for a period not exceeding ninety (90) days shall enter the territory of that Member State through the official entry point free of visa requirements. Such citizen shall, however, be required to obtain permission for an extension of stay from the appropriate authority if after such entry that citizen has cause to stay for more than ninety (90) days.
  • Protocol A/P.1/5/79, Article 4
    Notwithstanding the provisions of Article 3 above, Member States shall reserve the right to refuse admission into their territory any Community citizen who comes within the category of inadmissible immigrants under its laws.

What entry, registration or residence-document formalities remain?

To enter visa-free, a Community citizen must possess a valid travel document and an international health certificate, and must enter through an official entry point of the host Member State.

See recorded sources
  • Protocol A/P.1/5/79, Article 3(1)
    Any citizen of the Community who wishes to enter the territory of any other Member State shall be required to possess valid travel document and international health certificate.
  • Protocol A/P.1/5/79, Article 3(2)
    A citizen of the Community visiting any Member State for a period not exceeding ninety (90) days shall enter the territory of that Member State through the official entry point free of visa requirements. Such citizen shall, however, be required to obtain permission for an extension of stay from the appropriate authority if after such entry that citizen has cause to stay for more than ninety (90) days.

Which non-member-country family members can accompany or join, and what broad rights do they receive?

The Protocol does not set out a separate family-accompaniment or family-reunification right tied specifically to visa-free entry. Its general expulsion provision does require that, if a citizen is expelled, the security of the citizen and of his family be guaranteed and his property protected.

See recorded sources
Limits of the record
  • No explicit family-accompaniment or family-reunification clause is stated for this First Phase (entry) right; the only family reference anywhere in the Protocol is the expulsion-consideration clause.
  • Protocol A/P.1/5/79, Article 11(3)
    In case of expulsion the security of the citizen concerned as well as that of his family shall be guaranteed and his property protected and returned to him without prejudice to his obligations to third party.

When do permanent/long-term rights arise and what continuity, absence or retention conditions matter?

Visa-free entry under this First Phase does not itself grant residence, establishment, permanent residence or citizenship. The Protocol provides that the fuller rights of entry, residence and establishment are achieved progressively, over a transitional period of up to fifteen years, through the later phases (Right of Residence, then Right of Establishment), and that it does not prejudice citizens already lawfully resident or established who comply with the host state's laws.

See recorded sources
Limits of the record
  • No permanent-residence or citizenship-progression mechanism is created by this First Phase (entry) Protocol on its own; that requires the separate Second Phase (Right of Residence) and Third Phase (Right of Establishment) protocols.
  • Protocol A/P.1/5/79, Article 2(2)
    The right of entry, residence and establishment referred to in paragraph 1 above shall be progressively established in the course of a maximum transitional period of fifteen (15) years from the definitive entry into force of this Protocol by abolishing all other obstacles to free movement of persons and to the right of residence and establishment.
  • Protocol A/P.1/5/79, Article 10
    The provisions of this Protocol shall not operate to the prejudice of citizens of the Community who are already in residence and establishment in a Member State provided they comply with the laws in general and in particular the immigration laws of that Member State.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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