Part VII of the Employment of Non-Citizens Act 2007 governs renewals. The single most important rule is in section 24(2).
Section 24 — apply before the permit expires
(1) The employer of a non-citizen, or a self-employed non-citizen, may apply to the Secretary for renewal of a work permit.
(2) The application for renewal shall be made prior to the expiration of the work permit.
Everything downstream depends on this. Applying before expiry engages the 60-day continuation in section 27. Applying after expiry does not — and once the permit has lapsed, section 19(1) ordinarily requires the non-citizen to be outside Papua New Guinea when a new permit is granted.
Section 3 defines renewal as the renewal of a work permit concerning the same employee, the same employer and the same occupation. A change to any of the three is not a renewal — it is a fresh application, and it may need a bridging work permit under section 23 to cover the gap.
Section 25 — what a renewal application must contain
(a) be in the prescribed form; (b) contain the prescribed particulars; (c) be accompanied by the prescribed documents;
(d) be accompanied by a notification of the place of origin, to which place the employer is liable under Part X for the repatriation of the non-citizen and dependants on termination; and
(e) be accompanied by the prescribed non-refundable fee.
The requirements mirror section 20, including the place of origin notification — so the repatriation destination should be reconfirmed at each renewal. Under section 25(2) the Secretary may ask for further or better particulars and documentation, and under section 28 an application is deemed to be made only when the Secretary accepts it as complete and correct.
Section 26(1) — what the Secretary may take into account
(a) the conduct of the employer or the non-citizen or the self-employed non-citizen;
(b) the commitment of the employer to the training and development of Papua New Guineans; and
(c) any other matters the Secretary considers relevant,
and may renew by issuing a new permit for a further period as set out in section 9.
Paragraph (b) is where the Act’s stated purpose in section 1 — a permit system that contributes to employment, training and skills-acquisition opportunities for all Papua New Guineans — becomes an operative consideration.
Employers renewing permits should be able to show:
- a documented localisation or succession plan for the permitted role;
- named citizen understudies, with the training given and progress made;
- apprenticeships, scholarships, or sponsored study;
- the trend in the number of permits held over time.
Section 52 separately allows the Minister, on the Secretary’s advice, to declare an employer a Good Corporate Citizen of Papua New Guinea by National Gazette notice, with benefits prescribed by Regulation.
Paragraph (a) — conduct — brings in compliance history: breaches of permit conditions, of the Employment Act (Chapter 373), or of any other law (which section 54(2) deems a condition of every permit).
Section 26(2) to (7) — decision, reasons and appeal
| Step | Time |
|---|---|
| Written notice of grant or refusal | Within 42 days of a complete and correct application |
| Notice must state the grounds where refused, or granted in other terms | — |
| Appeal to the Minister by the employer or self-employed non-citizen | Within 14 days of receipt of the notice |
| Appeal in writing, specifying grounds, with the prescribed non-refundable fee | — |
| Minister obtains the Secretary’s recommendation, considers the merits, decides, and gives written reasons | Within 28 days of receipt of the appeal |
| Where the appeal is granted, the Minister directs the Secretary, who shall comply | — |
Section 27 — where the permit expires before the decision
Where (a) an application for renewal has been made, and (b) it has not been determined before the expiry date, the work permit remains valid for 60 days from the date of expiry, or until the application is determined, whichever occurs first.
The continuation ends the moment the application is determined — including by refusal. And it depends on the application having been made, which under section 28 means accepted as complete and correct. An incomplete application lodged the week before expiry may not have been made in time.
Lodge early. Sixty to ninety days before expiry is a sensible margin, given the 42-day decision period.
Planning the renewal cycle
- Diary every permit expiry, and a lodgement date well before it.
- Check the occupation lists — an occupation that has become reserved cannot support a new permit, though section 14(4) protects the current one to its expiry.
- Reconfirm the place of origin for repatriation.
- Assemble the training evidence under section 26(1)(b).
- Check the entry permit — under section 29 a work permit becomes invalid if the non-citizen ceases to hold a valid entry permit under the Migration Act (Chapter 16).
- Confirm the acceptance date as complete and correct — both the 42 days and section 27 turn on it.
- If refused, read the grounds and appeal within 14 days.
Note also section 30: a work permit becomes invalid and ceases to have effect if the employment of the non-citizen is terminated for any reason. A renewal cannot revive a permit that has fallen away for that reason — see cancellation and invalidity.
Sources
- Employment of Non-Citizens Act 2007 — ss 1, 3, 9, 14, 19, 20, 23–30, 52, 54
- Migration Act (Chapter 16)
- Employment Act (Chapter 373)
- Constitution — s 59
Before relying on anything here, read the current text of the Employment Act (Chapter 373) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.