Immigration

March 2015

Update

An overview of the immigration

(amendment) bill, 2014 and
the non-citizens (employment
regulation) bill, 2014
In this special immigration law briefing we provide
an overview of the key amendments proposed
to be made to the Immigration Act of 1995 (the
Immigration Act) by the bill that proposes the
enactment of the Immigration (Amendment) Act
of 2014 (the Immigration Bill). We also provide an
analysis of the bill that proposes the enactment of
the Non-Citizens (Employment Regulation) Act, 2014
(the Non-Citizens Employment Bill).
The Immigration bill
The amendments proposed by
the Immigration Bill aim to create
a new organisation structure for
the Tanzania Immigration Service
Department (the Immigration
Department) and other matters
related to this structure. No
amendments have been made to the
conditions of entry into Tanzania and
classes of residence permits that may
be issued to non-citizens.
The fines payable for various
immigration offences have been
increased as follows:
For offences under the Immigration
Act for which no other penalty has
been specified the increase is from
not more than Tsh 100,000 to Tshs
500,000
For a deported person who returns
to Tanzania while the deportation
order is still in force the increase is
from not more than Tsh 250,000 to
not less than Tsh 1,000,000
For a owner of a ship, an aircraft,
or a vehicle, through which a

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prohibited immigrant enters into

Tanzania whether with or without
his knowledge the increase is from
not more than Tsh 300,000 to not
less than Tsh 1,500,000

The non-citizens employment bill

The Non Citizens Employment Bill
proposes the enactment of the NonCitizens (Employment Regulation)
Act (the Non-Citizens Employment
Act). The Non-Citizens Employment
Act aims to regulate employment for
non-citizens and simplify the process
for application and issuance of work
permits. It further seeks to centralise
powers for issuing work permits to the
labour commissioner (Commissioner)
as opposed to the current position
where the Commissioners role is
to recommend to the Director of
Immigration Services who issues the
permits.
Currently, the Immigration Act
together with the Immigration
Regulations (the Regulations)
regulate the process of application
and issuance of work permits.
Unlike the Immigration Act and the

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Regulations that apply in Tanzania mainland and Zanzibar,

the application of the Non-Citizens Employment Act will
be limited only to the mainland. As is the position under
the Immigration Act, the Non-Citizens Employment Act
exempts from its application an envoy, consular officers,
consular employees or other representatives of the
government of a foreign state accredited to Tanzania, and
their family members and domestic staff.
Succession plan
The Non-Citizens Employment Act will require a
person intending to employ or engage a non-citizen in
an employment or any other occupation to prepare a
well-articulated plan for succession of the non-citizens
knowledge or expertise to citizens during his tenure of
employment. Such person will also be required to establish
an effective training programme to train local employees to
undertake duties the of the non-citizen expert. This is a new
statutory requirement which was not expressly required
under the Immigration Act and the Regulations.
Work permit and operational requirements
In contrast to the current legislation which covers three
classes of residence permits, the Non-Citizens Employment
Act only covers two classes of work permits: class A (which
will be issued to an investor and self employed non-citizen)
and class B (which will be issued to non-citizens other than
those qualified for class A). Class C permits will continue
to be governed by the Immigration Act. A work permit
will be issued on the conditions that it is personal and not
transferrable, the holder is not permitted to seek or accept
alternative employment or engage in any other occupation,
and the permit must be kept by the holder and produced on
demand by an authorised officer.
Under the Non-Citizens Employment Act, a permit will be
valid for a period of two years and will be renewable; this is
in contrast to the current position where a permit is issued
for not more than three years and may be renewed for not
more than two years. However, under both the Immigration
Act and Non-Citizens Employment Act the total period of
validity of the first grant and renewal must not exceed five
years. There is an exception in relation to an investor whose
contribution to the economy or well being of Tanzanians
through investment is of great value, where the validity
period of the work permit may exceed ten years.
As is the position under the Immigration Act, the
Commissioner may cancel a work permit for any of the
following reasons:
Breach of conditions contained in the work permit
The holder ceases to engage in the employment or
occupation for which such permit was issued

The Commissioner is of the opinion that the presence of

the work permit holder in Tanzania jeopardizes public
interest
Employment and engagement of non-citizen
As is the position now, the Non-Citizens Employment Act
will prohibit a non-citizen who does not hold a valid work
permit or a valid certificate of exemption from engaging in
any occupation for reward, profit or non-profit. It will also
prohibit a person from employing, engaging or causing to
be employed or engaged in any occupation a non-citizen
who does not have a valid work permit or a valid certificate
of exemption. Breach of these requirements could on
conviction result into a fine of not less than Tsh 10 million
or to imprisonment for a term of not less than two years or
both.
Application for work permit, process and fees
As pointed out above, applications for work permits will
now be made to the Commissioner by using a work permit
application form which must be accompanied by certified
copies of the following documents in addition to those
currently required: two recent passport size photos of the
applicant; certified translation in authorised Kiswahili
or English certificates/documents if they are in other
language than English/Kiswahili; previous work permit
(for renewal application); succession plan, in the case of
employment; and other information as may be required by
the Commissioner.
Under the Non-Citizens Employment Act some of the fees
payable in relation to work permits applications have been
reduced as follows:
For a class A residence permit now called class A work
permit (issued to investors and self employed person)
the reduction is from the current USD1,000 to USD3,000
(depending on the sector involved) to USD1,000 for all
sectors
For employees, such as medical and health care
professionals, teachers in science and mathematics
subjects, and university professors, the reduction is from
USD2,000 to USD500
For professionals and others the reduction is from
USD2,000 to USD1,000
Fees payable for registered religious and charitable activities
have increased from USD200 to USD500.
Other fees remain as currently.
The Non-Citizens Employment Bill has removed the current
requirement that the employer must give security before
the entry into Tanzania of a non-citizen employee and his
dependants or before he is granted the residence permit.

Misrepresentation of information during the application

by the permit holder brought to the attention of the
Commissioner

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Appeals
In contrast to the Immigration Act, the Non-Citizens Employment Bill has
removed the provision providing for the finality of the decision of the Minister
responsible for labour and employment matters (Minister) in relation to appeals
against the decision of the Commissioner to refuse to grant or cancel a work
permit. Now it will be possible to challenge the decision of the Minister in the
ordinary courts of law.
Contact us
This special briefing is prepared for clients and contacts of Clyde & Co. We aim to
keep our clients abreast of developments in the Tanzanian immigration laws and
if you have any questions on the issues raised above please contact us using the
details provided.

Further information
If you would like further information
on any issue raised in this update
please contact:

Peter Kasanda
Partner, Dar es Salaam
E: peter.kasanda@clydeco.com
T: +255 767 850 054

Teresa Parkes
Legal Director, Dar es Salaam
E: teresa.parkes@clydeco.com
T: +255 767 850 052

Michael Strain
Senior Associate, Dar es Salaam
E: michael.strain@clydeco.com
T: +255 768 850 051

Clyde & Co Tanzania

11th Floor, Golden Jubilee Towers
Ohio Street
PO Box 80512
Dar es Salaam
Tanzania
T: +44 (0)20 7876 5000
F: +44 (0)20 7876 5111
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of this summary.
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Clyde & Co LLP 2015
CC007198 - March 2015

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