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ECOWAS Right of Establishment

SenegalFree movement

Explore the five recorded questions, answers and sources for this pathway.

Programme source

Explore pathways in Senegal Read the five questions ↓

Which citizenship, status or regional agreement creates the person's right to move/reside?

ECOWAS Community citizenship, meaning nationality of a Member State, creates the right of establishment in Senegal under Supplementary Protocol A/SP.2/5/90 on the Implementation of the Third Phase (Right of Establishment) of the Protocol on Free Movement of Persons, Right of Residence and Establishment, signed at Banjul on 29 May 1990. This is the third of three phases (entry, residence, establishment) of the parent ECOWAS free-movement regime.

See recorded sources
  • ECOWAS Supplementary Protocol A/SP.2/5/90, Art. 1 (Definitions)
    Right of Establishment" means the right granted to a citizen who is a national of the Member State to settle or establish in another Member State other than his State of Origin, and to have access to economic activities, to carry out these activities as well as to set up and manage enterprises

Under which circumstances can the person reside: worker, self-employed, student, jobseeker, self-funded person or another recognised basis?

The recognised basis is establishment: access to and exercise of non-salaried (self-employed) activities and the creation and management of enterprises and companies, on the same conditions the host country sets for its own nationals. Companies formed under a Member State's law with their headquarters, central administration or principal establishment in the Community are treated like individual Member State nationals. Salaried workers from another Member State may stay to carry out non-salaried activity if they meet the requirements applying to any ECOWAS citizen arriving for that purpose.

See recorded sources
  • Recorded source · www.ecowas.int
    The right of establishment as defined in Article 1 above shall include access to non-salaried activities and the exercise of such activities as well as the creation and management of enterprises and companies which comply with the definition contained in Article 3 below subject to the same conditions stipulated by the laws and regulations of the country of establishment for its own nationals.
  • Recorded source · www.ecowas.int
    For the purpose of implementation of this Protocol, companies which are formed in accordance with the laws and regulations of a Member State with their headquarters, central seat of administration or principal establishment within the Community shall be considered in the same category as individual nationals of Member States.
  • Recorded source · www.ecowas.int
    ensure that salaried workers of one Member State employed in the territory of another Member State shall remain in the said territory to carry out non-salaried activity on condition that they fulfill the requirements binding upon any ECOWAS citizen arriving from his State of origin for the purpose of carrying out a non-salaried activity;

What entry, registration or residence-document formalities remain?

The Protocol defines the residence card or residence permit as the document issued by a Member State's competent authorities granting the right of residence. The cited provisions require Member States to eliminate administrative practices and procedures that impede freedom of establishment and to adopt the legislative and other measures needed to implement the Protocol. The official source does not state the registration authority or documents for establishment in Senegal.

See recorded sources
Limits of the record
  • The Protocol itself sets no establishment-specific registration procedure; Senegal's national registration formalities for establishment (authority, documents, business registration) are not in the captured sources.
  • Recorded source · www.ecowas.int
    "Residence Card" or "Residence Permit" means the document issued by the competent authorities of a Member State granting right of residence in the territory of the Member State.
  • Recorded source · www.ecowas.int
    eliminate administrative practices and procedures emanating either from internal legislation or from agreements earlier concluded between Member States which, if maintained, would be an impediment to the freedom of establishment;
  • Recorded source · www.ecowas.int
    Member States shall undertake to institute all legislative and other measures which are in conformity with their constitutional procedures and necessary for the implementation of the provisions of this Protocol.

Which non-member-country family members can accompany or join, and what broad rights do they receive?

The checked official sources did not provide enough route-specific evidence to confirm which non-member family members can join and their rights.

See recorded sources
Limits of the record
  • This detail is not established in the evidence recorded here. Confirm the applicable requirement with the responsible authority.

When do permanent/long-term rights arise and what continuity, absence or retention conditions matter?

The checked official sources did not provide enough route-specific evidence to confirm when permanent rights arise and the continuity or absence rules.

See recorded sources
Limits of the record
  • This detail is not established in the evidence recorded here. Confirm the applicable requirement with the responsible authority.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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