Work permits and visas in Gibraltar

Gibraltar, a British Overseas Territory, maintains its own immigration policies and procedures, distinct from the United Kingdom, particularly concerning work permits and visas for foreign nationals seeking employment within its jurisdiction. Companies looking to hire individuals who are not ordinarily resident in Gibraltar must navigate these specific requirements to ensure legal compliance for both the employer and the employee. This process typically involves securing the appropriate permissions before the individual commences work.

The system is designed to regulate the local labour market while allowing businesses access to necessary skills. For individuals from outside the European Economic Area (EEA) and Switzerland, and increasingly for those from the EEA/Switzerland who were not resident before specific dates, obtaining a work permit sponsored by a Gibraltar-based employer is a fundamental step towards lawful employment. Understanding the various pathways and obligations is crucial for successful international hiring.

Common Visa Types for Foreign Workers

For individuals intending to work in Gibraltar, the primary requirement is typically a work permit, which is linked to a specific job offer from a Gibraltar-based employer. While Gibraltar does not have a complex system of distinct visa categories like some larger countries, the permission to enter and reside for work purposes is primarily facilitated through the work permit system. Entry clearance (visa) requirements may also apply depending on the individual's nationality and whether they are visa-national for entry into the UK/Gibraltar area.

Category	Purpose	Key Requirement
Work Permit	Employment with a Gibraltar employer	Sponsored by a local employer, specific job offer
Business Visa	Short-term business activities (meetings)	Does not permit employment
Entry Visa	Required for certain nationalities	Allows entry, must be combined with work permit

The focus for long-term work is the work permit, which grants the right to undertake the specific employment for which it was issued.

Work Permit Application Requirements and Procedures

Obtaining a work permit in Gibraltar is primarily an employer-driven process. The employer must demonstrate that they have a genuine vacancy and that there are no suitable candidates from the resident labour market (Gibraltarians, British citizens, and certain others with the right to reside and work).

Eligibility Criteria:

• For the Employer: Must be a registered business in Gibraltar. Must demonstrate the need to hire a non-resident worker and show efforts to recruit locally. Must offer terms and conditions of employment comparable to local standards.
• For the Employee: Must have a confirmed job offer from a Gibraltar employer. Must possess the necessary skills, qualifications, and experience for the role. Must meet general immigration requirements (e.g., good character, health).

Required Documentation:

• Completed application forms (submitted by the employer).
• Detailed job description and employment contract.
• Evidence of local recruitment efforts (e.g., advertisements).
• Employee's CV, qualifications, and references.
• Copies of employee's passport and relevant identity documents.
• Police clearance certificates may be required.
• Medical examination results may be required.
• Employer's business registration documents.

Application Procedure:

1. The employer identifies a suitable non-resident candidate.
2. The employer attempts to recruit locally to demonstrate no resident worker is available.
3. The employer submits the work permit application to the Department of Employment in Gibraltar.
4. The application is assessed based on labour market needs and the applicant's suitability.
5. If approved, a work permit is issued to the employer, linked to the specific employee and role.
6. The employee may then need to apply for an entry visa if required based on nationality, before travelling to Gibraltar.

Sponsorship Requirements:

The employer acts as the sponsor, undertaking responsibility for the employee's employment terms and compliance with immigration rules while they are working in Gibraltar.

Fees and Processing Times:

Fees for work permit applications are payable by the employer. As of early 2025, fees are subject to change but typically involve an application fee and a permit fee upon approval. Processing times can vary depending on the complexity of the application and the volume of submissions, but generally range from 4 to 8 weeks. It is advisable to allow ample time for the process.

Pathways to Permanent Residency

Individuals who have resided and worked lawfully in Gibraltar for a continuous period may become eligible to apply for permanent residency. The standard qualifying period is typically five years of continuous legal residence. This allows individuals to reside in Gibraltar without immigration restrictions and is a step towards potentially applying for Gibraltarian status in the future, although this is a separate and more complex process.

Eligibility for permanent residency requires demonstrating stable residence, employment or means of support, and compliance with all immigration laws during the qualifying period.

Dependent Visa Options

Individuals holding a valid Gibraltar work permit can typically apply for their immediate family members (spouse or partner and dependent children under 18) to join them in Gibraltar.

Eligibility for Dependents:

• The main work permit holder must demonstrate they can adequately house and financially support their dependents without recourse to public funds.
• Proof of the relationship (marriage certificate, birth certificates) is required.
• Dependents must meet general immigration requirements.

The application process for dependents usually involves submitting separate applications, often concurrently with or shortly after the main work permit application. Dependents are typically granted permission to reside for the same duration as the main work permit holder.

Visa Compliance Obligations for Employers and Employees

Both employers and employees have significant obligations to ensure compliance with Gibraltar's immigration and employment laws.

Employer Obligations:

• Ensure all non-resident employees hold valid work permits and any necessary entry visas.
• Comply with the terms and conditions specified on the work permit (e.g., job role, salary).
• Notify the Department of Employment of any changes to the employee's circumstances (e.g., change in role, termination of employment).
• Maintain accurate records of employees' immigration status.
• Ensure the employee leaves Gibraltar if their work permit expires and is not renewed, or if their employment is terminated and they have no other basis to remain.

Employee Obligations:

• Adhere to the conditions of their work permit and any entry visa.
• Only work for the employer and in the role specified on the work permit.
• Not engage in any other business or employment.
• Inform the authorities of any significant changes in personal circumstances.
• Leave Gibraltar upon the expiry of their permission to stay, unless they have successfully applied for an extension or a different immigration status.

Failure to comply with these obligations can result in penalties for both employers and employees, including fines, deportation, and bans on future entry or employment in Gibraltar. Maintaining diligent record-keeping and staying informed about current regulations is essential.