THE LAWS GOVERNING CITIZENSHIP IN TANZANIA

Matters related to Citizenship in the United Republic of Tanzania (“Tanzania”) are governed by several laws, namely:

The Constitution of the United Republic of Tanzania, Chapter 2, Revised Edition 2005.
The Tanzania Citizenship Act, Chapter 357, Revised Edition 2002 (the “Citizenship Act”).
The Tanzania Citizenship Regulations, 1997 (the “Regulations”).

The Citizenship Act lays out the procedure of acquiring Tanzanian citizenship, that applies to both Tanzania Mainland and Tanzania Zanzibar. There are three (3) categories for acquiring citizenship, that is:-

Citizenship by Descent

Through descent, a person born outside of Tanzania to Tanzanian parents can become a citizen of Tanzania. Children whose parents are Tanzanian citizens, whether by birth or through naturalisation in accordance with Section 6 of the Citizenship Act are subject to this procedure. This provision guarantees Tanzanian citizenship to those of Tanzanian descent, irrespective of their place of birth.

Citizenship by Birth

This is conferred upon a child born in Tanzania provided that at least one of the parents holds a Tanzanian citizenship. Citizenship by birth adheres to the jus sanguinis principle which affords nationality according to the nationality of the parents as opposed to the place of birth alone. Hence, a child born within the territories of Tanzania with at least one Tanzanian parent automatically becomes a citizen of the nation at birth. Section 5 of the Citizenship Act clearly stipulates the above.

Citizenship by Naturalisation

A foreign national can obtain citizenship in Tanzania through the process of naturalisation provided that they fulfill the residency and legal conditions. To qualify, applicants must:

reside in Tanzania for twelve months prior to the application date.
during the ten years prior the specified twelve-month period, he/she must have lived in Tanzania for a total of at least seven years.
have adequate knowledge of Swahili or English Language.
be of good character, and if granted naturalisation, he plans to stay in Tanzania permanently.

The procedure for applying for citizenship through naturalisation are as follows: -

an applicant fills in the prescribed forms and submits the application to the Ward Executive Secretary or the Sheha (for the case of Zanzibar) who then submits the application to the District Immigration Office and the Applicant pays a prescribed fee.
the applicant then publishes in two consecutive issues of the daily newspapers registered in the country a notice of intention to apply for naturalisation which is followed by an interview with the District Defense and Security Committee.
the application is then forwarded by the District Immigration Officer to the Regional Immigration Officer who then forwards it to the Regional Defense and Security Committee for further scrutiny.
the application is then forwarded to the Commissioner General of Immigration Services for his recommendation to the Minister who then gives the final decision.
for the case of Zanzibar, before the application is sent to the Commissioner General of Immigration, the Commissioner of Immigration Zanzibar forwards the application to the office of the Second Vice President for recommendation, and it is later submitted to the Commissioner General of Immigration for his recommendation to the Minister.

Dual Citizenship: Dual citizenship is currently not recognised by Tanzanian law. This implies that those who obtain Tanzanian citizenship by registration or naturalisation are required to give up their previous citizenship. Citizens of Tanzania who acquire citizenship in another nation automatically forfeit their Tanzanian citizenship until they renounce the citizenship of the other nation as stated under Section 7 of the Citizenship Act. There are, however, some exceptions: a Tanzanian child born abroad who was born with the citizenship of the other nation may retain his dual citizenship until the age of eighteen and at that point, he must renounce the other nation’s citizenship, swear allegiance, and register the declaration stating this intention.

Current Debates: Critics contend that allowing dual nationality will enable Tanzanians in the diaspora to contribute more successfully to their country’s development. Tanzania published a Written Law (Miscellaneous Amendments) (No.2) Bill on June 26^th, 2024, which seeks to amend eight laws, including the Immigration Act, Chapter 54, Revised Edition 2002 (the "Immigration Act") and the Land Act, Chapter 113, Revised Edition 2018 (the "Land Act"). The changes that are being suggested will grant Tanzanian non-citizens special immigration status and enable them to participate in a range of social and economic activities. For instance, the proposed Immigration Act amendment will grant the Diaspora Special Status to Tanzanian non-citizens, allowing them to enter, stay, or leave the country for any legally permitted activities. Furthermore, the Land Act amendment will grant holders of special status who have been awarded Diaspora Tanzanite Cards under the Immigration Act special derivative rights hence enabling a diaspora with special status to possess or dispose of land that has been acquired through various means, such as inheritance or sale.

Bablo Ali Lubnan – Legal Intern.

Note: This is not a legal opinion, and the contents thereof are not meant to be relied upon by a recipient unless our consent is sought and explicitly obtained in writing.