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ECOWAS Right of Residence for Employment

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?

The right is based on ECOWAS Community citizenship: a national of one Member State may reside in another Member State under the supplementary Protocol on the right of residence.

See recorded sources
  • ECOWAS Supplementary Protocol A/SP.1/7/86 on the Second Phase (Right of Residence), Art. 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.

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

The Protocol grants residence for seeking and carrying out income-earning employment. It also covers applying for effectively offered jobs, travelling to take up work, residing to take up employment, and living under host-State rules after employment.

See recorded sources
  • ECOWAS Supplementary Protocol A/SP.1/7/86, Art. 3
    With the exception of restrictions justifiable by reasons of public order, public security and public health, the right of residence shall include the right: 1. to apply for jobs effectively offered; 2. to travel for this purpose, freely, in the territory of Member States; 3. to reside in one of the Member States in order to take up employment in accordance with the legislative and administrative provisions governing employment of national workers; 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?

Community citizens admitted without a visa who want to reside must obtain an ECOWAS residence card or residence permit. The application is lodged with the host State's Department of Immigration under that State's rules, addressed to the competent Ministry, and the applicant receives a receipt showing the application and documents were submitted. Processing may not delay the immediate execution of employment contracts the applicant has concluded.

See recorded sources
Limits of the record
  • The Protocol leaves the documents and rules to each Member State; Senegal's own requirements are not in the captured sources.

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

The Protocol does not list which family members may accompany; host States remain free to set the criteria for admitting, staying and employing migrant workers and their family members, in consultation with the other Member States. Migrant workers and their family members may not be subjected to collective or mass expulsion.

See recorded sources
Limits of the record
  • Which relatives qualify (including non-ECOWAS family members) and whether they may work is not stated; Senegal's criteria are not in the captured sources.

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

Migrant workers and their family members whose status complies with the residence requirements may be expelled from the host State only: for reasons of national security, public order or morality; if, after being informed of the consequences, they refuse to comply with orders of a public medical authority to protect public health; if an essential condition for issuing or keeping valid their residence authorisation or work permit is not fulfilled; or in accordance with the host State's laws and regulations. Rights guaranteed in the Protocol may not be withdrawn. The official source does not state a permanent-residence status, qualifying period or absence rule.

See recorded sources
Limits of the record
  • The Protocol does not create a permanent or long-term residence status and sets no qualifying period, continuity or absence rule.
  • Art 14(6) on the effect of departure is garbled ('conversely') and was not used.

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

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