Work Permit โ A โwork permitโ is similar to a โvisaโ as it is a legal authorization that essentially permits similar types of activities in a foreign country by non-citizens of that nation. Accordingly, some nations characterize a visa as a โwork permitโ and others may have an additional requirement that a non-citizen intending to work or earn a salary within their nation must obtain a work permit in addition to a visa.[1]
In fact, a work permit is a formal authorization or other written permission to work and earn revenue in a particular country that is granted to a non-citizen of that locale. The document is essentially an official record that authorizes an individual to work and to legally earn an income within a foreign country that they are not a citizen of. Similar to a visa, a work permit must be obtained by applicable individuals from the appropriate governmental body prior to undertaking employment within the foreign nation. In fact, this requirement applies to an individual whether they are currently a professional or are an aspiring amateur prospect.
Consequently, each country has its own requirements, filing fees, and procedures to obtain a work permit. For instance, Canada may require an esports competitor to obtain a โwork permitโ depending on the length and type of work to be performed in the country. In fact, the nation has even amended the countryโs statutory definition of โathleteโ to encompass โgamers.โ[2] Similarly, Sweden previously failed to issue โwork permitsโ to esports competitors and coaches desiring to enter the country to compete in a gaming event, The International causing the operator to move the event elsewhere purportedly โdue to the Swedish government failing to acknowledgeโ the esports events as โโmajor sporting events.โโ[3]
In addition to a country characterizing an employment authorization as a โwork permit,โ other nations describe their similar official permission document with other terms. For example, in Ireland, a non-Irish citizen wishing to work in the country may apply to obtain an โemployment permit.โ[4] Additionally, the Netherlandsโ Immigration and Naturalisation Service (IND) instead issues a โresident permitโ which is similar to โwork permitโ and it is required for any non-citizen desiring to earn an income while staying within the country for over 90 days.[5]
In addition to national work permits and other similarly named government employment authorizations, there may be additional industry or job specific work permits that may be required by a country or other local jurisdiction. For example, this additional permit might be also work permits required for an individual or business to provide certain services or to sell specific types of goods such as gambling, food and beverage, spirits, beer, wine, liquor, or tobacco.[6]
Finally, the failure of an individual to obtain the proper and required work or other official document that enables them to be employed and earn income while within the country can enable the hosting nation to deport or otherwise require that the individual immediately leave the country and cease earning any income from the country.[7]
[1] โWork Permitsโ (European Union) <https://europa.eu/youreurope/citizens/work/work-abroad/work-permits/index_en.htm> accessed 5 March 2024.
[2] โAthletes and coaches [R186(h)] โ Authorization to work without a work permit โ International Mobility Programโ (Government of Canada, 2 February 2023) <https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/authorization-work-without-work-permit-athletes-team-members.html> accessed 5 March 2024; โ53200 โ Athletesโ (Government of Canada, 2 June 2023) <https://noc.esdc.gc.ca/Structure/NocProfile?objectid=rFDlE0OwETV1R2i1sJ3saIYY%2FErgLDDCq16mxE1z8rI%3D> accessed 5 March 2024.
[3] Hayda Gohar, โControversial vote sees Swedish esports officially recognized by national federationโ (Dot Esports, 28 May 2023) <https://dotesports.com/general/news/controversial-vote-sees-swedish-esports-officially-recognized-by-national-federation> accessed 5 March 2024; โWork permit requirements โ information for employersโ (Migrationsverket, 12 February 2024) <https://www.migrationsverket.se/English/Other-operators/Employers/Employing-people-from-non-EU-countries-/Work-permit-requirements.html> accessed 5 March 2024; โWork permits for athletes and coachesโ (Migrationsverket, 12 December 2023) <https://www.migrationsverket.se/English/Private-individuals/Working-in-Sweden/Employed/Special-rules-for-certain-occupations-and-citizens-of-certain-countries/Athletes-and-coaches.html> accessed 5 March 2024.
[4] โEmployment permitsโ (Department of Enterprise, Trade & Employment) <https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/employment-permits> accessed 5 March 2024.
[5] โPaid employment: residence permit onlyโ (Immigratie- en Naturalisatiedienst) <https://ind.nl/en/residence-permits/work/paid-employment-residence-permit-only> accessed 5 March 2024; โDo I need a visa for the Netherlands?โ (Government of the Netherlands) <https://www.netherlandsworldwide.nl/visa-the-netherlands/visa-required> accessed 5 March 2024.
[6] โWork Permitsโ (State of California Department of Justice) <https://oag.ca.gov/gambling/forms/forms_permits> accessed 5 March 2024; โPermitted & Licensed Cannabis Businessesโ (Cannabis Regulatory Commission) <https://www.nj.gov/cannabis/businesses/permitted> accessed 5 March 2024; โTobacco Permitsโ (Alcohol & Tobacco Tax & Trade Bureau, 5 June 2020) <https://www.ttb.gov/tobacco/permits> accessed 5 March 2024.
[7] โIf your application for a residence permit is rejected and you are in Swedenโ (Migrationsverket, 6 December 2023) <https://www.migrationsverket.se/English/Private-individuals/Leaving-Sweden/Rejection-of-residence-permit-application.html> accessed 5 March 2024.