Introduction:
A
dependant is a person who depends on or needs someone or something for aid,
support, favour, e.t.c. or a child, spouse, parent or other relative to whom
one contributes all or a larger portion of one’s necessary financial support.
Section
3 of the Immigration Act, Chapter 54, Revised Edition
2002 of the laws of the United Republic of Tanzania (“Tanzania”), (the “Immigration
Act”), respectively, defines the
word dependant as a person who is materially dependent upon the earnings of
another. He/she is someone who accompanies the applicant to a residence permit application
into Tanzania, and derives certain benefits that flow through the main
residence permit issued to the applicant. Further, Regulation 9 (1) (a)
of the Immigration Regulations Government Notice
No. 433 of 2002 of the Laws of Tanzania (the “Immigration Regulations”), provides that, a dependant is the wife,
child or near relative of an applicant to a residence permit and who depends on
the applicant for their maintenance.
Qualifications of a Dependant:
For one to qualify as a dependant, he/she must fundamentally depend upon the earnings of an applicant of a residence permit, that is to say:-
- be the child of an applicant. A child is not necessarily a biological child, it may include an adopted child. For an adopted child, the applicant will be required to submit relevant adoption papers from a court of law with competent jurisdiction to preside over adoption proceedings in that jurisdiction;
- he/she must be below the age of eighteen (18) years and the applicant must provide his/her birth certificate. As a general rule, regulation 9 (2) of the Immigration Regulations, restricts a male person, over the age of eighteen (18) years to be a dependant, without the consent of the Minister of Home Affairs or unless in the opinion of the Director of Immigration Services, such a male person, though attained the age of eighteen (18) years, but because of infirmity or sickness, is unable to support himself. This general rule has an exception where there is an exemption certificate issued to a foreign expatriate whose organization has a contract with the Government of Tanzania;
- be a wife of an applicant. In this particular case, there will be a need for the applicant to make available proof of existence of a marriage by submitting the relevant marriage certificate. It is important to note that Tanzania does not recognize same sex marriages. In such circumstances, such type of relationship would not qualify for a dependant pass; and
- be a near relative of the applicant who depends on the applicant for their maintenance - the applicant must establish proof of their relationship. The Director of Immigration Services may request for any other document as he deems fit in order to satisfy himself before the dependant pass is issued.
Rights of a Dependant:
Apart from the fundamental right to reside in Tanzania, a dependant has the right to education, that is, the right to attend school and/or college. This right is subject to the condition that he/she must apply for a Class “C” residence permit. This type of residence permit is specifically for students, among others, as per Regulation 4 (a) of the Immigration (Amendment) Regulation Government Notice No. 246 of 2016. It is still not yet clear how the law is applicable to those dependants who are home schooled, as the law does not address this type of education option.
Restrictions applied to a Dependant:
A dependant
is prohibited by the Immigration Act from engaging in any employment, business,
trade or profession in Tanzania, without first obtaining a residence permit
issued to him/her for that purpose. This includes being issued with a valid
work permit issued by the Commissioner of Labour.
Once a dependant secures employment in Tanzania, he or she must first apply for a relevant work permit allowing him/her to engage in employment in Tanzania, in addition to a separate Class “A” or “B” or “C” Residence Permits. A Class “A” Residence Permit is issued to foreign investors, a Class “B” Residence Permit is issued to foreigners employed by companies or institutions and a Class “C” Residence Permit is issued to other foreigners such as missionaries, students, volunteers, researchers or retired persons.
Expiration of a Dependant pass:
A dependant pass expires in the following ways:-
- where the person on whose application it was issued ceases to be resident in Tanzania, or if the application was made by a citizen, when such citizen ceases to be a citizen of Tanzania or ceases to be ordinarily resident in Tanzania;
- with effect from the expiration of one month, or such further period as the Director of Immigration Services may on application allow from the death of the person on whose application the pass was issued;
- if the pass was issued in respect of a male person under the age of eighteen (18) years, with effect from the expiration of one (1) month after he attains that age, that is, eighteen (18) years; and
- where a person in respect of whom the pass was issued undertakes any employment, trade, business or profession within Tanzania without obtaining the permission in writing of the Director of Immigration Services or undertakes any such employment, trade, business or profession other than that in respect of which such permission is granted.
Conversion options available to a dependant:
A dependant can change his/her dependence status in the following ways:
- By undertaking employment, trade, business or profession within Tanzania: where a person in respect of whom the dependant pass was issued undertakes any employment, trade, business or profession within Tanzania after obtaining the necessary work and residence permit issued by the Commissioner of Labour and the Director of Immigration Services, respectively, then his/her dependant status will be relinquished;
- By marriage: A foreign woman who marries a male citizen of Tanzania, and who enjoys a dependant status on the basis of the union, may register for citizenship. Section 11(I) of the Tanzania Citizenship Act No. 6, of 1995 of the laws of Tanzania (the “Tanzania Citizenship Act”), provides for a woman who is married to a citizen of Tanzania shall at any time during the life-time of the husband, be entitled upon making an application in the prescribed form to be naturalized as a citizen of Tanzania; and
- By naturalization: a dependant person may acquire Tanzanian citizenship upon fulfillment the following conditions as provided in the second schedule of the Tanzania Citizenship Act:-
- that he/she has resided in Tanzania throughout the period of twelve (12) months immediately preceding the date of the applications;
- that during the ten (10) years immediately preceding the said period of twelve (12) months resided in Tanzania for periods amounting in the aggregate to not less than seven (7) years;
- that he/she has adequate knowledge of Kiswahili or the English language;
- that he/she is of good character;
- that in terms of his/her past and potential contribution to the national economy, scientific, add technological advancement to the national social and cultural welfare;
- that he/she would be a suitable citizen of Tanzania; and
- that he/she intends, if naturalized, to continue to reside permanently in Tanzania.
Note: This is not a legal opinion and the contents hereof are not meant to be relied upon by any recipient unless our written consent is sought and explicitly obtained in writing.
