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ECOWAS Right of Residence for Employment

Guinea-BissauFree movement

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

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Explore pathways in Guinea-Bissau Read the five questions ↓

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

The legal basis is the ECOWAS regional right of residence. It applies to a Community citizen who is a national of another ECOWAS Member State and covers residence for seeking or carrying out income-earning employment. Guinea-Bissau appears in the protocol’s signature block. The supplied evidence does not establish a separate current Guinea-Bissau implementation position.

See recorded sources
Limits of the record
  • The supplied protocol does not establish Guinea-Bissau’s separate current national implementation position.
  • Chapter 1, Article 1, definitions of “Community citizen” and “Right of Residence”
    "Community citizen or Community citizens" means any person or persons fulfilling the conditions stipulated in the Protocol A/P.3/5/82 relating to the definition of Community citizen. "Right of Residence" means the right of a citizen who is a national of one Member State to reside in a Member State other than his State of origin and which issues him with a residence card or permit that may or may not allow him to hold employment.
  • Chapter 2, Article 2
    For the purpose of implementing the second phase (right of residence) of the Protocol on free movement of persons, the right of residence and establishment, each of the Member States shall grant to citizens of the Community who are nationals of other Member States, the right of residence in its territory for the purpose of seeking and carrying out income earning employment.
  • Supplementary Protocol A/SP.1/7/86, signature block
    H.E. BRIGADIER JOAO HONOURABLE MR. SIMEON AKE BERNARDO VIEIRA Minister of Foreign Affairs for and on behalf of the President of the Republic of President of the Republic of IVORY-COAST GUINEA BISSAU

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

The supported bases are jobseeking, taking up employment and carrying out income-earning employment. The protocol also refers to living in the host state after having held employment, subject to host-state legislative and administrative conditions. The official source does not establish a general student, self-funded-person or independent self-employment residence basis. Investors and persons carrying out an economic activity as employers are excluded from the protocol's definition of “migrant workers”.

See recorded sources
Limits of the record
  • The supplied evidence does not establish independent residence bases for students or self-funded persons.
  • The supplied evidence does not establish a general independent self-employment residence basis outside the stated employment provisions.
  • Host-state employment and administrative conditions are not specified.
  • Chapter 2, Article 2
    each of the Member States shall grant to citizens of the Community who are nationals of other Member States, the right of residence in its territory for the purpose of seeking and carrying out income earning employment.
  • Chapter 1, Article 1, definition of “Migrant worker”
    "Migrant worker" or "migrant" means any citizen who is a national of one Member State, who has travelled from his country of origin to the territory of another Member State of which he is not a national and who seeks to hold or proposes to hold or is holding or has held employment.
  • Supplementary Protocol A/SP.1/7/86, Article 3(4)
    to live in the territory of a Member State according to the conditions defined by the legislative and administrative provisions of the host Member State, after having held employment there.

What entry, registration or residence-document formalities remain?

Qualifying Community citizens are admitted without a visa, but those who wish to reside must obtain an ECOWAS Residence Card or Residence Permit. The application is deposited with the host state's Department of Immigration and addressed to the competent ministry under the host state's rules. The applicant receives a submission receipt. Processing must not delay the immediate execution of concluded employment contracts.

See recorded sources
Limits of the record
  • The supplied protocol does not state the documents, fee, processing time, registration deadline or validity period applicable in Guinea-Bissau.
  • The supplied evidence does not establish whether any additional Guinea-Bissau entry or registration formalities apply.
  • Chapter 3, Article 5
    Citizens of the Community who are nationals of Member States admitted without visa into the territory of one Member State and desiring to reside in the territory of that Member State, shall be obliged to obtain an ECOWAS RESIDENCE CARD or a RESIDENCE PERMIT
  • Chapter 3, Article 6
    The applicant for the RESIDENCE CARD or RESIDENCE PERMIT in the territory of any Member State, shall deposit with the Department of Immigration of the host Member State, an application for a Residence Card or Residence Permit in accordance with the rules and regulations existing in each Member State.
  • Chapter 3, Article 7(1)–(2)
    1 The application shall be addressed to the competent Ministry of the Host Member State. 2 The applicant shall be issued with a receipt certifying that his application and the necessary documents have been submitted.
  • Chapter 3, Article 8
    The processing of an application for a Residence Card or Residence Permit may not delay the immediate execution of employment contracts concluded by applicants.

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

The protocol expressly refers to migrant workers and their family members and protects them against collective expulsion. Individual-expulsion safeguards apply when residence requirements are met. The official source does not specify which non-member-country family members may accompany or join, or establish their entry, residence, work, social, education or other broad rights.

See recorded sources
Limits of the record
  • The supplied evidence does not identify which non-ECOWAS family members may accompany or join the worker.
  • It does not state family members’ entry, residence-card or permit procedures.
  • It does not establish a general right for family members to work or the full scope of their social, education or other rights.
  • Chapter 5, Article 13(1)
    Migrant workers and members of their families may not be affected by collective or en masse expulsion orders.

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

The protocol states that, after having held employment, a person may live in the host Member State subject to the host state's legislative and administrative conditions. It does not state that permanent or long-term residence arises automatically, and the official source gives no qualifying period, continuity rule, absence rule or retention rule. The relevant documents are a residence card or residence permit, not a visa.

See recorded sources
Limits of the record
  • No permanent-residence or long-term-residence period is stated.
  • No continuity, minimum-presence, permitted-absence or retention conditions are stated.
  • The supplied evidence does not explain whether a residence card or permit can be retained after employment ends, beyond referring to host-state conditions after employment.
  • Chapter 2, Article 3(4)
    to live in the territory of a Member State according to the conditions defined by the legislative and administrative provisions of the host Member State, after having held employment there.
  • Chapter 8, Article 19
    While they shall be free to determine the criteria authorising the admission, stay, employment of migrant workers and members of their family, the host Member States shall hold consultations and act in collaboration with the other Member States concerned in order to promote healthy, fair and humane conditions to ensure legal migration of workers and their families.

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

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