Immigration Law

Immigration Law These include the following:  Business Visas  Work Permits & Residence Permits In this weekly highlight, we are going to provide a high level summary of the above permits which are necessary for foreigners wishing to visit Tanzania for business or work purposes. O ur analysis will provide you with a basic understanding (among others) of the respective application documents, procedure and fees required. Business Visa A foreigner can be granted a visa to enter into Tanzania for various purposes including entry for business or tourism purposes. The visa will allow the foreigner to enter and remain in Tanzania for a specific period of time and for a specific purpose.

A business visa is normally issued to the relevant foreigner on arrival, at the port of entry and it will allow the foreigner to enter and remain in Tanzania for undertaking business activities for a period not exceeding 3 months. Notwithstanding that the 90 days of the business visa may not have expired, any departure from Tanzania during the 90 days period leads to an automatic expiry of the business visa if the same was granted for a single entry. Nationals of most countries can obtain a business visa on arrival at any port of entry although nationals of some countries are required to obtain their business visas from their countries of origin. It is always best to check with the Tanzania embassy in your country to confirm whether or not you are able to get business visa on arrival.

The safest and the recommended option is to get the relevant visa from your nearest Tanzanian embassy or consulate prior to arrival. Business visa is normally granted to allow the person to enter and remain in Tanzania for the purpose of attending a conference, undertaking a business meeting (including board of directors meeting), visiting Government offices, meeting and speaking to prospective customers, offering consultant services, engaging in trade, undertaking a short term assignment (not employment) etc. it is prohibited for a foreigner to be engaged in employment activities under a business visa.

Entry Requirements: The person seeking a business visa on arrival at the port entry is required to have the following: (a) Travel passport which is valid for not less than six months (b) Accommodation address and contacts in Tanzania (c) Proof of the purpose for the visit e.g. contract for provision of consultant services, payment receipt to attend the relevant conference etc. (d) Passport size picture (e) Return ticket (f) Proof of sufficient funds to support oneself during the duration of your stay in Tanzania (g) Visa security bond in a prescribed form (h) Business visa fees – can be paid in cash or via card at the port of entry and a receipt shall be issued by the immigration official. Work Permit A foreigner is prohibited from engaging in any employment in Tanzania

unless he holds a valid work permit. The work permit will be specific in terms of the employer, the nature of employment, the term of the residence permit and the name of the holder of the work permit. It is strictly prohibited to change the nature of employment or employer without obtaining the relevant approvals from the Commissioner for Labour. Categories of Work Permit:  Class A- issued to foreign investors.  Class B – issued to prescribed professions like medical and health care professionals, experts in oil and gas, teachers and university lecturers in the fields of Science and Mathematics.  Class C – issued to foreigners in other professions not prescribed in Class B.  Class D – issued to foreigners engaged in religious and charitable activities.  Class E – issued to refugees. An application for a work permit must be made prior to entry into the country.

The application for a work permit can be made online, through the employer or an authorised agent. The work permit entitles a foreigner to work in Tanzania but does not allow him to reside in the country. Therefore, after obtaining the work permit, the foreigner must submit a separate application for a residence permit to the Commissioner General of Immigration. The work permit can be issued for a period of twenty four months (first grant) and can be renewed provided that the total for renewals and the first grant shall not exceed five years.

Required documents: Depending on the class of work permit being sought, the following are the general documents to be submitted for either class A, B or C: (a) Application letter – should clearly highlight the qualifications or experience that the person has which are not readily available in Tanzania – for classes B and C applicants (b) Prescribed form (c) General security covenant (d) Curriculum vitae (e) Travelling passport - valid for not less than a year (f) Certified copies of academic certificates (g) Accreditation certificate from respective professional entities (if any) (h) Service testimonial from a previous employer (if any) – for classes B and C applicants.

(i) Employment contract dully signed by the employer and the employee – for classes B and C applicants (j) Job description – the employment contract should have a detailed job description of the applicant's position (k) Incorporation documents of the employer or the company in which the applicant of a residence permit is an investor (l) Business licence (m) Tax Identification Number of the employer or the company in which the applicant is an investor (n) Nature of the business of the relevant company (o) Passport size photographs (p) Succession plan – for classes B and C applicants (q) Proof of available funds for the investment – for class A applicants (r) Letter of no objection from previous employer based in Tanzania, if any – for class B and C applicants (s) Sectoral approvals, where applicable – this is applicable for

controlled sectors e.g. telecom, mining etc. Residence Permit Once a person obtains a work permit, he can proceed to apply for a residence permit from the Commissioner General of Immigration. In principle, residence permits should be obtained prior to arrival into Tanzania. There are three types of residence permits: (a) Residence permit class A – issued to persons who wish to engage in trade, business, profession, agriculture, animal husbandry, prospecting or manufacturing activities. (b) Residence permit class B – this is issued to a foreigner who has obtained specified employment in Tanzania. (c) Residence permit class C – it's issued to students, researches, volunteers, persons attending cases in Tanzanian courts, persons attending medical treatment etc.

Required documents: Depending on the class of the residence permit, below are the general requirements for classes A and B: (a) Prescribed form (b) Application letter (c) Work permit (d) Curriculum vitae (e) General security covenant (f) A copy of passport – with validity of not less than a year (g) Certified copies of academic certificates (h) Service testimonial from previous employer, if any (i) Employment contract dully signed by employer and employee (j) Job description (k) Incorporation documents of the relevant company (l) Proof of availability of funds for investment (m) Business licence and TIN Certificate (n) Sectoral approvals, where applicable (o) Accreditation certificate from respective professional entities (if any) (p) Covering letter from the employer (q) Passport size photographs (r) Succession plan (s) Any other document which was submitted for the application of a work permit.

It is worth noting that, the application for a work permit and a residence permit are processed by two different authorities and grant of a work permit does not guarantee a grant of a residence permit. Hence each application should contain all the relevant documents and detailed justification to 'influence/move' the relevant authority to grant the relevant application. Electronic Visa Application System In November, 2018 Tanzania launched an online system which will enable foreigners to apply and pay for work and residence permits online regardless of where they are situated. This system allows applicants for work and residence permits to lodge applications, upload supporting documents and make payments online. Applicants will be notified through their e-mails whether their applications have been accepted or rejected. They may also track their application status through the online system.

In some instances, the applicant may be required to visit the nearest Tanzanian Embassy or Consular Offices for interviews. However, in the early stages of the online application system, physical follow

ups (including submitting hard copies) at the relevant authorities are still necessary until the online system is fully functioning. National Identification Card All nationals, foreigners (residing or intending to reside in Tanzania for more than six months) and refugees residing in Tanzania must obtain a national identification card ( NIDA card) from the National Identification Authority (NIDA).

Required documents: (a) Passport of country of origin (b) Work permit (c) Residence permit (d) Application letter (e) Letter from the local government authority where the applicant resides (f) Passport size picture with a blue background (g) Prescribed application form (h) Proof of payment of the prescribed fees (i) Attending the NIDA offices for biometrics Our support for your business We assist our foreign clients to: (a) apply for work and residence permits; (b) renew work and residence permits; (c) apply for NIDA card; and (d) follow-up pending applications for NIDA cards, work and residence permits applications. 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 content of this article should not under any circumstances be reproduced or used without the express written consent of the author. Also, it should not be relied upon without obtaining further legal advice and we accept no liability for any loss occasioned or suffered due to the contents of this article.