Foreign Nationals and Commonwealth Citizens, etc. Act

Link to law: http://www.moj.gov.jm/laws/foreign-nationals-and-commonwealth-citizens-etc-act
Published: 1964-12-01

FOREIGN NATIONALS AND COMMOWEALTH CITIZENS
(EMPLOYMENT)

THE FOREIGN NATIONALS AND COMMONWEALTH
CITIZENS (EMPLOYMENT) ACT

ARRANGEMENT OF SECTIONS

I Shon title.

2. Interpretation.

3. Control of employment of foreign nationals and Commonwealth
citizens.

4. Application for work permit.

5. Appointment of authorized persons.

6. Production of work permit.

7. Power of Minister to vary or cancel permit.

8. Power to grant exemptions.

9. Offences and penalties.

10. Regulations.

1 1. Minister may, by order, increase monetary penalty.

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FOREIGN NA TIONA LS AND COMMONWEALTH CITIZENS 3
(EMPLOYMENT)

I I .

' THE'FOREIGN NATIONALS AND 48 of Acts 1964.
, .> ' . COMMON~EALTH'CITIZENS . . (EMPLOYMENT) ACT 1 4 0 f r t 1 .

[Ist ~ecernber, 1966.1

. . I , ,, L ..
1. This Act may .be cited' as the Foreign Nationals and Com- short title.

monwealth Citizens (Employment) Act. .

2. In this Act- ? . .
, . + ','authorized person" means-,

Interpreta-
tion.

. .
= ' (a) 'an'immigration officer b d e r the Aliens Act; or

. ...( . - . .,* . i8, : (by shy perion appointd as an authorized person
' 8 , , .(' ; '+'under &tion 5;

t , , . I , < . . ' .
"caribbean Community" means the Caribbean Community

% ' " *, *f"e$tablished by Article 2'of the Revised Treaty;
' f ! j , s . i

"CARICOM national" means a person who- . .
(a) is a citizen of a ember State; or

I (b) has a connection with a Member Srate of a kind
which entitles him to be regarded as belonging to
or, if it be so expresse& as being a native or resi-

*I ,. dent of the Member Shte for the purposes of the
. 8

+ I , . , laws thereof relating to immigration;
"Commonwealth citizen" means a person who has the

. ... I : status of a Commonwealth citizen pursuant to section
9 of the Constitution of Jamaica and who is not a
citizen of Jamaica;

"foreign national'' means a person who is not- . . . ! : . .
. - . .; , (a) a , citizen!of , . , . . Jamaica; . .

: (b) a Commonwealth citizen; or I
. - .. . . . - ,

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FOREIGN NATIONALS AND COMMONWEALTH CITIZENS
(EMPLOYMENT)

(c) a CARICOM national;

"Member State" means a Member State of the Caribbean
c o k u n i t y in' accordance with Article 3 of the
~ e i i s e d rea at^, excluding an ~ssokiate member
within the meaning of Article 231;

I

"Revised Treaty" means the Revised Treaty of Chagua:
ramas establishing the Caribbean Community, includ-
ing the CARICOM Single Market and Economy,
signed at Nassau, Commonwealth of the Bahamas, on
the 5th day of July, 2001 ; and '

I "work permitW.or "permit" means--

I (a) in relation to a person'who is or is about to be employed by another, a permit in writing-
(i) issuedaunder this Act by the Minister to,

and in the name of, the employee or
person about to be employed; and

(ii) specifying the name of the employer, the
place of employment, or both; and

(b) in relation to any other person, a permit in
writing issued under this Act by the Minister
authorizing such person to engage in an occuga-
tion.

Control of 3.-41) Subject to the' provisions of this Act, a foreign
employment
of foreign national or a Commonwealth citizen other than a CARICOM
nationals national falling within the category specified in the Schedule
and Com-
monwealth shall not:
cit~zens.
1412011 (a) engage in any occupation in Jamaica for reward or
s 3(a). profit; or'

I (b) be employed in Jamaica,
unless there is in force in relation' to him a valid work permit
and he so engages or is so employed in 'accordance with the
terms and conditions ,which maybe spec.ified in the.permit.

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FOREIGN NATIONALS AND COMMOWEALTH CITIZENS 5
- (EMPLOYMEIvr)

(2) Subject to the provisions of this Act, no person shall
have in his employment in Jamaica a foreign national or a Com-

. monwealth citizen without there being in force a valid work
. permit in relation to that employment.

(3) Subject to the provisions of .this Act-

(a) any foreign nationaltor Commonwealth citizen who
engages in any occupation in Jamaica or is employed in
Jamaica in contravention of the provisions of subsec-
tion (1); and

(b) any person who has in ,his employment in Jamaica a
foreign national or a-~ommonwealth citizen in contra-
vention of the provisions of subsection (2),

shdl be liable on summary conviction before a Resident Magis-
trate to a fine not exceeding five hundred thousand dollars or to 14no1 I
imprisonment with or without hard labour for a term not S.3(b)(i)
exceeding six months or to both such fine and imprisonment.

(4) It shall be presumed, upon the trial of any person
for a contravention of subsection (I,), that the accused, and,
upon the trial of any person for,a contravention of subsection
(2), that the person alleged to have been in employment in
contravention of the said subsection (2), is not a citizen of
Jamaica unless the contrary is proved.

(5) A prosecution in respect of a contravention of sub-
section (2) shall not be instituted without the sanction of the
Director of Public Prosecutions.

(6) A Commonwealth citizen who is ordinarily resident
in Jamaica at the date of the passing of this Act and who-

(a) resided in Jamaica for not less than nine months
(whether continuously or not) in each of the ten
years immediately prior to that date; and

(b) was employed in Jamaica for not less than nine
months (whether continuously or not) in each of the
ten years aforesaid,

. .. .
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6 FOREIGN NATIONALS AND COMMONWEALTH CITIZENS
- . (EMPLOYMENT)

may, 'notwithstanding subsection '(l), engage in any occu-
pation for reward'or profit or be employed without a work
permit so long as he'continues ordinarily to reside in Jamaica.

In paragraph (b) of this' subsection bbemployed" includes to
engage in any occupation for reward or profit.
: .: ';: (7).;In any proceedings ,under this. Act against a Com-

- . i : monwealth citizen the proof +at he satisfies the requirements
- . :of paragraphs, (a):.,and (6) of subsection (6) -shall lie upon him

and as prima facie evidence he may; produce a certificate
from the . . , . Minister ..: (which certificate the Minister may in

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