Transfer of Work and Residence Permits

TRANSFER OF WORK AND RESIDENCE PERMIT FROM ONE EMPLOYER TO ANOTHER WORK PERMITS Any non-citizen who has secured employment or is self-employed in Tanzania is eligible for a work permit. Only locally registered entities and foreign companies with certificates of compliance and permanent place of business in Tanzania or Zanzibar can apply for a work permit on behalf of a particular expatriate. The work permit is applicable to all foreigners who wish to reside in Tanzania either as employees, directors or investors/shareholders. There are five (5) categories of work permits issued to foreigners intending to take reside in Tanzania. The work permit is processed by the Labour Commissioner and the Non-Citizen (Employment Regulation) Act 0f 2015 and its Regulations: Non -Citizens (Employment Regulation) Regulation, 2016 provide for the conditions and criteria to get a work permit.

The Permit is applied for and filed with the Commissioner for Labour of Tanzania, through its online permit application system (e-permit). The application for this permit can be made any time when the employment contract is finalized or if it is for self-employed after the business is set up and secure the Business License from the relevant authorities. RESIDENT PERMITS Residence Permits allow the expatriate to live and work in Tanzania and are supposed to be applied for when the foreigner is outside of Tanzania, except for renewal purposes. An employer who applies for a first grant of a Residence Permit while the expatriate is within the country may be subjected to pay for a Special Pass fee on top of Residence Permit fee. Basically, there are three types of residence permits, namely: - 1. Class A: For self –employed foreigners (investors) 2.

Class B: For expatriates working in company/ private institutions. 3. Class C: For other class of foreigners such as researchers, retired persons, missionaries, volunteers etc. The authority to issue a residence permit is vested in the Commissioner General of Immigration Service (the Commissioner). Applicants who are not satisfied with the Commissioner’s decisions may appeal to the Minister of Home Affairs while they are outside the country. Also, the application for residence permits should be submitted while the applicant is outside the country, except for renewal purposes. TRANSFER OF WORK PERMITS AND RESIDENT PERMITS. According to the Non-Citizens (Employment Regulation) Act of 2015 a work permit is not transferable.

In case of restructuring or change of name, a written notification should be sent to the Labour Commissioner attaching proof thereof so the changes can be recorded to the work permit. As for residence permits, a similar notification shall be sent to the Commissioner who will revert with the necessary orders. Disclaimer The views expressed in this paper are those of the author only and should not be considered as an official interpretation, defamatory or interference of any legislation, laws or policies of any country including Tanzania. The contents of this paper should not under any circumstances be reproduced or used without our express written consent. It should not be considered as a legal advice to any of its recipient(s) and should not be relied upon without obtaining further legal advice. We accept no liability for any loss occasioned or suffered due to the contents of this paper.