Saint Lucia work permit: who needs one and how it works

Section 317 of the Labour Act requires every foreign national who engages in an occupation for reward or profit, or is employed in Saint Lucia, to hold a valid work permit and to work within its terms, or to have an exemption under the Act or another law. It applies equally to the employer, who may not keep a foreign national in employment without a permit or exemption.

Non-OECS nationals therefore need a permit for any paid work, including work for a Saint Lucian client while visiting. A visitor visa or visa-free entry does not allow employment.

The Act does not apply to judges and the Chief Registrar of the Eastern Caribbean Supreme Court or the Caribbean Court of Justice, people employed in the public service of Saint Lucia in a civil capacity, and legal representatives defending a person charged with a criminal offence. Religious workers can receive a certificate of exemption from the Minister on the recommendation of the Minister responsible for Ecclesiastical Affairs.

Under section 322 the Minister may exempt persons or classes of persons by order published in the Gazette. The Labour (Work Permit) (Exemption) (Citizen of a Protocol Member State) Order, Statutory Instrument 83/2014, in force since 18 August 2014, exempts citizens of OECS Protocol member states.

Under section 318 the application is submitted to the Minister in the prescribed form, with the prescribed fee and any other information the Minister requires. The Minister may grant the permit with or without conditions or refuse it, and different forms of permit may be prescribed for different classes of persons. The Act does not state the fee amount; ask the Department of Labour for the current form and fee.

When the immigrant arrives for a job, the Immigration Regulations allow the immigration officer to ask for evidence of the nature and period of the employment, the wage and the employer's ability to employ, and to require the employer to give security for repatriation if the job ends within two years of entry.

The holder must keep the permit and show it to an authorised person or police officer on demand, or at a named police station within three days. Working or employing without a permit is punishable on summary conviction by a fine of up to EC$5,000, up to one year in prison, or both, with further daily fines for continuing offences. False statements to obtain a permit or misuse of a permit carry a fine of up to EC$1,000 or up to one year in prison.