For investors establishing businesses from the ground-up, skilled and experienced foreign workers are often brought in to oversee the establishment of new operations. The ability to employ skilled foreign workers is particularly important in Myanmar given the poor state of training and work-preparedness in the country.
According to the Ministry of Labour, Employment and Social Security, only about 500 people out of Myanmar’s population of around 52 million meet international standards for skilled workers.
The laws concerning the employment of foreign workers in Myanmar are still developing, as is the case with many other regulations governing the country’s rapidly changing business environment. Myanmar lacks a comprehensive work permit system for foreign workers, although the National League for Democracy-led government is drafting legislation to create a more cohesive framework. That said, there are currently multiple paths for foreigners to acquire legal working status in Myanmar.
Obtaining a business visa
At present, most foreign workers in Myanmar enter and live in the country with a business visa. Initially, most foreign workers acquire a single-entry business visa valid for a 70-day stay. A multiple-entry business visa can be acquired if the applicant has already had at least two single-entry business visas and has not violated any immigration laws.
The criteria for awarding a multiple-entry business visa are not set in stone, but rather are determined on a case-by-case basis. In some cases, authorities might only require one previous single-entry visa, while in other cases they may require three. Multiple-entry business visas allow for unlimited entries during a lifespan of either three months, six months, or one year, although there is a maximum stay of 70 days per entry.
Citizens from 50 different countries are eligible to apply online for a 70-day single-entry business e-visa. E-visas require entry into the country through Yangon, Mandalay, or Nay Pyi Taw airports. Nationals from 48 countries are also able to acquire a business visa on arrival, while nationals of all countries can apply for one at a Myanmar embassy or consulate. Only nationals from Cambodia, Indonesia, Laos, the Philippines, Singapore, Thailand, and Vietnam can arrive in Myanmar visa-free, with a maximum stay of 14 days. While visa costs vary by country of origin, multiple-entry visas are considerably more expensive than single-entry ones.
The following documentation is required when applying for a business visa:
- A recommendation letter from the employer, including details about the type of business, purpose of visit, applicant’s name, passport details, position in company, and intended entry and exit dates
- Invitation letter from a Myanmar-registered company on its official letterhead
- A guarantor from the Myanmar-registered company who is the one officially inviting the applicant. The guarantor must be the managing director or owner of the company, and must give a copy of the Myanmar company registration certificate. The guarantor may be contacted by the immigration authorities during the application process
- Visa application form
- Two recent colour photographs with white background, size 35mm x 45mm, and
- A passport valid for at least six months and a copy of the passport details page
Obtaining a stay permit and multiple-journey special re-entry visa
Although business visas are limited to 70-day stays regardless of whether they are single- or multiple-entry classification, a stay permit and multiple-journey special re-entry visa can be acquired to extend the total stay period. The stay permit is not a separate visa, but a special permit that removes the 70-day limit on visas, allowing a foreign worker to remain in Myanmar for lengths of either three months, six months, or one year.
However, the stay permit is only valid for one entry – even if the holder has a valid multiple-entry visa. In order to keep the stay permit valid when leaving Myanmar, a multiple-journey special re-entry visa must be obtained. This is also valid for either three months, six months, or one year. The criteria for acquiring this visa are stricter than for business visas and the stay permit.
To be eligible for the multiple-journey special re-entry visa, the applicant must have travelled to Myanmar on a business visa a minimum of three separate times and present evidence that they are employed as a consultant, director, or manager. The stay permit and multiple-journey special re-entry visa are regulated by the Ministry of Immigration and Population.
The following documents are required to apply for a stay permit and multiple-journey special re-entry visa:
- A recommendation letter from the employer, including details about the type of business, purpose of visit, applicant’s name, passport details, position in company, and intended entry and exit dates
- Invitation letter from a Myanmar-registered company on its official letterhead
- Applicant’s CV
- Authorisation letter notarised and legalised by the relevant Myanmar Embassy or Consulate
- Company documents, including certificate of registration, permit, company affidavit
- Visa application form
- Two recent colour photographs with white background, size 35mm x 45mm, and
- Passport valid for at least six months and copy of the passport details page
Obtaining a work permit
The Myanmar Foreign Investment Law of 2012 introduced a work permit system for foreigners investing in Myanmar. Organisations investing in Myanmar under the Foreign Investment Law or set up under the Myanmar Special Economic Zone Law (MSEZL) can apply for work permits for foreigners in managerial or supervisory roles or for those holding technical skills. To do so, a company must have an investment permit and receive an endorsement to employ foreign workers from the Myanmar Investment Commission (MIC). Alternatively, if a company is operating under the MSEZL, they can apply at the zone’s One Stop Service Center (OSSC).
In order to acquire a work permit, the applicant must be in good health, have a letter of recommendation from their employer, and hold a degree that is regionally or internationally recognised in relation to their employment as proof of expertise. Even with a work permit, foreign workers will still need to acquire a stay permit and multiple-journey special re-entry visa separately in order to stay in Myanmar beyond 70 days, and to exit and re-enter the country on the same visa.
The full version of this article can be found here.
