Introduction:
A foreigner planning to reside in the United Republic of Tanzania for investment, business, employment or any other legal activity may be issued with a Residence and/or Work Permit. The issuance of Residence Permits is governed by the Immigration Act, Chapter 54, Revised Edition 2002 of the laws of Tanzania and its Regulations of 1997 as amended from time to time (the “Immigration Act”) whilst the issuance of Work Permits is governed by the Non-Citizens (Employment Regulations) Act No. 1 of 2015 (the “Non-Citizens Act”). The authority to issue Residence Permits is vested on the Commissioner General of Immigration Services whilst that of Work Permits is vested on the Labour Commissioner.
Previously, prior to the enactment of the Non-Citizens Act, both Residence and Work Permits were combined and issued as one document by the Commissioner General of Immigration Services. However in 2015, there were major changes brought about by the enactment of the Non-Citizens Act which in essence bestowed mandate on the Commissioner of Labour to issue Work Permits thereby relieving that specific responsibility from the Commissioner General of Immigration Services.
Residence Permits:
There are three (3) types of residence permits issued by the Commissioner General of Immigration Services under the Immigration Act. These are:-
Residence Permit Class A: This may be granted to a foreigner who intends to enter or remain in the United Republic of Tanzania and engage in trade, business, profession, agriculture, animal husbandry, prospecting of minerals or manufacturing.
Residence Permit Class B: This is issued to a foreigner who has obtained specified employment in the United Republic of Tanzania, and has been issued with a Work Permit by the Labour Commissioner.
Residence Permit Class C: This may be issued to foreigners intending to enter and reside in Tanzania for purposes other than those specified for the grant of Residence Permit Class "A” or "B". These include; students, researchers, volunteers, persons attending cases in Courts of Law, persons who have formerly been residents and are about to leave the country (i.e. winding up affairs), and persons attending medical treatment in hospitals. Requirements for Residence Permit Class "C" differs depending on the categories of activities that a foreigner intends to engage in.
Other Visas:
There are five (5) categories of Visas which may be granted to foreigners other than prohibited immigrants who seek to enter the United Republic of Tanzania as follows:
Ordinary Visa: This is a Visa granted to foreigners other than prohibited immigrants seeking to enter the United Republic of Tanzania upon application for the purpose of visit, leisure, holiday, business, health treatment, studies, or any other activity legally recognized by the Laws of the United Republic of Tanzania for validity not exceeding three months for a single entry only.
Transit Visa: This is a Visa granted to foreigners other than prohibited immigrants intending to pass through the United Republic of Tanzania to other destinations for a period not exceeding fourteen (14) days provided that such persons should have onward tickets, sufficient fund for subsistence while in the United Republic of Tanzania and an entry Visa to the country of destination (where applicable) or any other proof to satisfy that such person will be allowed entry to that other country.
Multiple Entry Visa: This is a Visa granted to persons who are nationals of countries which require Visa for United Republic of Tanzania and who by nature of their businesses or circumstances require making frequent visits to the United Republic of Tanzania. Multiple Entry Visas may be issued for a period of three, six or twelve months to permit the holder to enter and re-enter subject to the validity of the Visa, provided that a single stay of the holder should not exceed three (3) months.
Gratis Visa: This is a Visa granted to holders of Diplomatic or Official/Service Passports when travelling on official missions to the United Republic of Tanzania and it is granted free of charge. In some cases Gratis Visa may be granted to holders of Ordinary Passports where an exemption has been given by the Issuing Authority.
Business Visa: Business Visa is issued to the citizens of those countries which are required to apply for Visa when entering the country for a validity period of 90 days. The Visa will be issued to persons who enter the country to conduct business which is legal in accordance with the laws of Tanzania; persons who will be coming for audit assignments; persons coming to fix/repair machines and persons coming to conduct specialised training, among others.
Note:
Custodianship of any of the above Visas does not provide automatic right of entry for the holder into the country. As a result, an Immigration Officer at the point of entry may refuse entry to any person regardless whether he holds a Visa or not, if he is satisfied that such a person is unable to fulfil the immigration requirements and/or that such person's presence in the United Republic of Tanzania would be contrary to its national interests.
Classes of Work Permits:
There are five (5) categories of work permits issued to foreigners intending to take employment in Tanzania. Work Permits are processed and issued by the Labour Commissioner.
Work Permit Class A: This is issued to investors and self-employed.
Work Permit Class B: This is issued to non – citizen in possession of prescribed professions (Medical and Health Care Professionals, Experts in Oil & Gas, Teachers and University Lectures in Science and Mathematics.
Work Permit Class C: This is issued to non – citizen in possession of other professions.
Work Permit Class D: This is issued to non- citizen employees or engaged in approved religious and charitable activities.
Work Permit Class E: This is issued to refugees.
Note 1: Before issuing a Work Permit, the Labour Commissioner must be fully satisfied that an applicant possesses qualifications or skills necessary for that employment and that his employment will be of benefit to the United Republic of Tanzania and that all possible efforts have been explored to obtain a local expert.
Note 2: The Labour Commissioner is also empowered to issue a Certificate of Exemption to a non-citizen employee exempting him or her from the application of the above permits.
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.
