ECOWAS Right of Residence for Employment

The Community citizens have the right to enter, reside and establish in the territory of Member States.

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.

The right of entry, residence and establishment which shall be established in the course of a transitional period shall be accomplished in three phases, namely: Phase I – Right of Entry and Abolition of Visa Phase II – Right of Residence Phase III – Right of Establishment

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.

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.

The provisions of Article 3 above shall not be applicable to employment in the civil service of Member States, unless the relevant national laws and regulations of the Host Member States so permit.

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.

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.

The processing of an application for a Residence Card or Residence Permit may not delay the immediate execution of employment contracts concluded by applicants.

1 Migrant workers and members of their families may not be affected by collective

or en masse expulsion orders.

1. Migrant workers and members of their families whose status comply with the

residence requirements may only be expelled from the host Member State:

(a) for reasons of national security, public order or morality;

2. The migrant worker and members of his family may appeal for the protection and

assistance of consular and diplomatic authorities of their countries of origin and

With the exception of restrictions justifiable by reasons of public order, public security and public health, the right of residence shall include the right:

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.

1. Migrant workers and members of their families whose status comply with the residence requirements may only be expelled from the host Member State: (a) for reasons of national security, public order or morality; (b) if, having been duly informed of the consequences, they refuse to comply with the orders given to them by a public medical authority for the purpose of protecting public health;

(c) if an essential condition for the issuance or the validity of their authorisation of residence or work permit is not fulfilled; (d) in accordance with the laws and regulations applicable in the host Member State.