Employing Expats in Morocco: 5 Steps to Follow (+1 Trap to Avoid!)

There is no lack of business opportunities for multinational companies in Morocco. Formerly reliant on agriculture, mining and construction among others, the Kingdom of Morocco has been diversifying its economy since the early 2000s.  The country has invested in emerging industries such as IT, aerospace, and telecommunications, creating a wealth of development opportunities for foreign companies.

But the development of new industries often means that there are few local workers with the required skills and knowledge to take on certain roles – and so, experts must be brought in to bridge the gap.

This is much easier said than done. Like most other countries, Morocco has a strict and intricate immigration policy that employers – and potential expatriate employees – must abide by to work legally in Morocco. Read on and find our step-by-step breakdown of the legal immigration process for expatriate workers in Morocco.

The 5 Steps to Follow to Legally Employ Expatriate Workers in Morocco

Step 1: Ensure candidate eligibility and send ANAPEC application

Before starting any administrative procedures or going through with any applications, employers must first ensure that the candidate they are interested in hiring meets the eligibility criteria for expat workers in Morocco. Indeed, Moroccan law specifies that any employer looking to hire an expat worker must first prove that no Moroccan nationals are available and/or qualified for the role. Employers can turn to the ANAPEC (National Agency for the Development of Employment and Skills) and ask for a certificate affirming that there are indeed no Moroccans who can fill the vacancy. Once this is done, the employer must also be able to prove that the expatriate candidate is qualified for the job.

That being said, there are a few exceptions to the rule, and it is not necessary for employers to prove that no Moroccan workers are available when it comes to the following people:

  1. Moroccan natives and the descendants of Moroccan mothers who can attest that they have been residing in Morocco for at a minimum of six months;
  2. Moroccan natives who moved for a brief time and were working for foreign firms with state contracts or their branches
  3. The spouses of Moroccan citizens
  4. Business owners/directors
  5. Associates and shareholders
  6. Delegates or representatives in the context of collabouration for a maximum of six months
  7. Coaches and athletes who have been granted permission by the Department of Sport’s appropriate agencies
  8. Artists who have been granted permission by the National Directorate of National Security
  9. Political refugees and stateless people.
  10. Tunisian, Algerian or Senegalese citizens (thanks to mutual agreements)

Step 2: Draft a compliant employment contract

Once you have received the certificate from the ANAPEC – or if the candidate is exempt from the need for a certificate – the next step for employers is to draft an employment contract in compliance with the model given by the Ministry of Employment. Failure to produce a compliant contract may make your employment contract with a potential expat worker void. You may also encounter other legal issues in case of non-compliance.

To avoid these issues entirely and to focus on your expansion instead, outsourcing the compliant onboarding of expatriate workers to a capable service provider may be your best option yet. Africa HR Solutions will take on all the responsibilities associated with onboarding a new foreign employee, ensuring rapid processing, compliance, and overall efficiency. Find out more about our Work Permit and Immigration Services here.

BONUS: 1 trap to avoid when employing expats in Morocco

A constant jurisprudence of the highest Moroccan jurisdiction considers that an expatriate worker’s employment contract is a fixed-term contract, even if the two parties – at the time of signing – intend for the contract to be an indefinite-term one.

 

In practice, these contracts are valid for a period rarely exceeding one or two years. A prudent employer who wishes to separate from an employee who has signed an employment contract anticipates the term and terminates the contract two to three months

Step 3: Obtain a Work Permit

Parallel to obtaining a work permit for their workers, employers should work on obtaining a Moroccan work permit from the Ministry of Employment for their potential worker. All the required forms can be found online, via the website for the Ministry of Employment or through the Taechir platform.

Documents required at this step:

  1. 2 copies of the foreign national’s signed work permit application
  2. The employment contract for foreign nationals in five original copies
  3. The employee’s credentials and work certificates attesting to their experience
  4. Copies of the applicant’s passport’s first few pages
  5. A certificate from the (ANAPEC) attesting that no Moroccan candidates are available to fill the position that the foreign applicant has been given

A copy of the company’s articles of association.

Step 4: Obtain a Work Visa

While it is not explicitly the employer’s responsibility to handle VISA applications for expat candidates, it is in their best interests to ensure that the latter’s applications are sent on time and fulfill all the requirements stated by Moroccan law.

To obtain a work visa in Morocco, applicants/employers must duly submit the following documents to the Ministry of Foreign Affairs in Morocco or to Moroccan embassies/consulates and other relevant diplomatic institutions. In the absence of such authorities, applications can be sent directly to the Moroccan Ministry of Foreign Affairs and Cooperation, Department of Consular and Social Affairs, in Rabat. The visa will then be sent so the worker can collect it upon arrival at the airport.

It typically takes up to two weeks for a visa application to be processed in Morocco. But the waiting period can be longer according to the type of visa.

Documents/fees required at this step:

  1. 3 copies of the Kingdom of Morocco Entry Visa Application Form
  2. 3 recent passport-sized (4 x 3 cm) color pictures that clearly display the face’s features
  3. 1 duplicate of a valid passport (pages indicating: identity and validity)
  4. Passport
  5. Return transportation
  6. Proof of means of subsistence / relevant bank records
  7. Consulate/embassy fees
  8. Airline tickets Employment agreement with Ministry of Education
  9. Proof of accommodation in the country
  10. Travel insurance receipt for Moroccan visa payment
  11. Letter of invitation from the employer
  12. A medical record attesting to good physical health
  13. Police certificate from the employee’s home country affirming that they have no criminal records

Such work visas are typically valid for a minimum of 1 year and up to 3 years after which it must be renewed.

Step 5: Obtain a work residence permit

Once the work permits and visa are obtained, expat workers should apply for a work residence permit as they will be staying for over 90 days in the Moroccan territory. Employees will have to go to either the Bureau des Étrangers, the Commissariat Central in major cities, or to the Gendarmerie in small towns and villages. They will be required to complete an application form, submit relevant documents (Passport, medical certificate, police certificate and more depending on several factors) and pay an administrative fee. Employees will also be asked to produce copies of some official documents. To note that these will need to be either in Arabic or in French.

Focus on your expansion to Morocco

With Africa HR Solutions, you can focus on what really matters: growing your business and achieving your goals. Our team of professionals is dedicated to simplifying the process of hiring expatriate workers and taking care of all the necessary paperwork and permits.

We understand that dealing with immigration and permits can be overwhelming, especially when you have multiple expatriate workers. That’s why we offer tailored solutions that meet your specific needs, whether you require individual services or our full EOR and PEO solutions.

And because Morocco is a country that speaks both French and Arabic, it’s essential to have a partner who can easily navigate the language barriers. Our bilingual team is equipped with the language skills and expertise to handle any communication with local authorities or other stakeholders.

In short, Africa HR Solutions is your trusted partner when it comes to all your immigration and permits needs in Morocco. Let us take care of the complexities so you can focus on what you do best – growing your business.

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You Are One Click Away From a Compliant Expansion in Morocco

Don't let paperwork and permits hold you back from expanding your business in Morocco. With Africa HR Solutions, you are just one click away from a compliant and hassle-free expansion. Contact us today and let our team of experts take care of all your immigration and permits needs, so you can focus on what really matters - growing your business.

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