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ECOWAS Right of Establishment

SenegalFree movement

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

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Explore pathways in Senegal Read the five questions ↓

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

ECOWAS Community citizenship, meaning nationality of a Member State, creates the right of establishment in Senegal under Supplementary Protocol A/SP.2/5/90 on the Implementation of the Third Phase (Right of Establishment) of the Protocol on Free Movement of Persons, Right of Residence and Establishment, signed at Banjul on 29 May 1990. This is the third of three phases (entry, residence, establishment) of the parent ECOWAS free-movement regime.

See recorded sources
  • ECOWAS Supplementary Protocol A/SP.2/5/90, Art. 1 (Definitions)
    Right of Establishment" means the right granted to a citizen who is a national of the Member State to settle or establish in another Member State other than his State of Origin, and to have access to economic activities, to carry out these activities as well as to set up and manage enterprises

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

The recognised basis is establishment: access to and exercise of non-salaried (self-employed) activities and the creation and management of enterprises and companies, on the same conditions the host country sets for its own nationals. Companies formed under a Member State's law with their headquarters, central administration or principal establishment in the Community are treated like individual Member State nationals. Salaried workers from another Member State may stay to carry out non-salaried activity if they meet the requirements applying to any ECOWAS citizen arriving for that purpose.

See recorded sources
  • https://www.ecowas.int/wp-content/uploads/2024/08/SUCC3A1.pdf
    The right of establishment as defined in Article 1 above shall include access to non-salaried activities and the exercise of such activities as well as the creation and management of enterprises and companies which comply with the definition contained in Article 3 below subject to the same conditions stipulated by the laws and regulations of the country of establishment for its own nationals.
  • https://www.ecowas.int/wp-content/uploads/2024/08/SUCC3A1.pdf
    For the purpose of implementation of this Protocol, companies which are formed in accordance with the laws and regulations of a Member State with their headquarters, central seat of administration or principal establishment within the Community shall be considered in the same category as individual nationals of Member States.
  • https://www.ecowas.int/wp-content/uploads/2024/08/SUCC3A1.pdf
    ensure that salaried workers of one Member State employed in the territory of another Member State shall remain in the said territory to carry out non-salaried activity on condition that they fulfill the requirements binding upon any ECOWAS citizen arriving from his State of origin for the purpose of carrying out a non-salaried activity;

What entry, registration or residence-document formalities remain?

The Protocol defines the residence card or residence permit as the document issued by a Member State's competent authorities granting the right of residence. The cited provisions require Member States to eliminate administrative practices and procedures that impede freedom of establishment and to adopt the legislative and other measures needed to implement the Protocol. The official source does not state the registration authority or documents for establishment in Senegal.

See recorded sources
Limits of the record
  • The Protocol itself sets no establishment-specific registration procedure; Senegal's national registration formalities for establishment (authority, documents, business registration) are not in the captured sources.

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

The checked official sources did not provide enough route-specific evidence to confirm which non-member family members can join and their rights.

See recorded sources
Limits of the record
  • Searched Supplementary Protocol A/SP.2/5/90 (815e573c488fd4eb.txt) for family, spouse, children, dependants: the establishment protocol contains no family provision.

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

The checked official sources did not provide enough route-specific evidence to confirm when permanent rights arise and the continuity or absence rules.

See recorded sources
Limits of the record
  • Searched A/SP.2/5/90 for permanent/long-term residence, duration, continuity, absence or retention of the right: none stated; Art. 7 protects invested assets, which is not a long-term residence right.

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

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