The importance of being well-informed about work permits foreign personalities The work visa in Guatemala (also called a work permit) lies in the fact that a foreigner intending to work in Guatemala and the employer who wishes to hire a foreigner must take into account that there is an administrative procedure to legally formalize this kind of employment relationship.
Legal framework
Currently, temporary residence for foreign workers is granted under the framework of “Migrant worker” and this is issued by the Guatemalan Institute of Migration for a maximum of 5 years, whose regulation was updated by National Migration Authority Agreement No. 4-2019.
With the new regulation, the aim is the harmonization and collaboration of Guatemalan Institute of Migration with the Ministry of Labor.
The foregoing implies that once residency has been granted with a favorable resolution, the application for the Work Permit can be initiated, within a maximum period of 3 months.
It is important to mention that hiring a foreigner does not mean excluding them from the payroll; they also have all the rights of a Guatemalan worker.
Procedure
The application for a temporary residence permit for migrant workers can be initiated once the worker has obtained a Job opening, which means it's not possible to ask a foreign person who already has residency and a work permit if they haven't been hired yet.
It is recommended that the employer be responsible for managing the migrant worker's temporary residence and work permit, as it is a process that can be somewhat cumbersome and requires professional advice from Lawyers in Guatemala.
Likewise, it is important to mention that before starting this process, the entity requesting the work permit must be registered as guarantee, which consists of registering said entity as an »Authorized Employer,» a process that has its own requirements and documentation.
The work permit is an obligation that the Employer must not overlook. If it is omitted, the foreign worker's migratory status is not legal, and consequently, a breach would be incurred that could lead to a fine imposed by the General Labor Inspectorate.
