Work and residence permit status can be assigned to expatriates in Tanzania through an exemption criteria window. The Immigration Act, Chapter 54 of the Laws of Tanzania, Revised Edition 2002, the Immigration Regulations Government Notice No. 433 of 2002 (as amended) and the Non-Citizens (Employment Regulations) Act No. 1 of 2015, provide for exemption of certain expatriates and their spouses and children below 18 years of age from the normal vigorous procedures applicable to expatriates who want to work and reside in Tanzania.
An Exemption Certificate is a special type of work and residence permit issued by the Director of Immigration Services and the Labour Commissioner, for expatriates who are in Tanzania for:
(a) special assignments or as consuls; or
(b) work for international organisations; or
(c) those whose organisations have been contracted by the Government of Tanzania; or
(d) representing their respective Governments in Tanzania; or
(e) special arrangements with the Government of Tanzania.
Normally, these people would have had to apply for the normal Class A to E work permit, and Class A to C residence permit.
Exemption Certificates are valid for up to three (3) years and may be renewed for a further two (2) years.
The Procedures
1.
The relevant international organisation, foreign project/assignment or foreign mission must be exempted from the requirement of having a work or resident permit - either through a Memorandum of Understanding or an Agreement with the Government of Tanzania or provisions under specific legislation.
2.
Once a determination is made, the employer must write a letter to the line Ministry in Tanzania requesting for approval for its expatriates.
3.
The line Ministry thoroughly reviews the application and decides whether the applicant qualifies for a grant of an Exemption Certificate. If it approves the application, the line Ministry or the employer will then submit the list of names of the approved expatriates, and forwards it to the Permanent Secretary, President’s Office – Public Service Management and Good Governance, who must also clear the application.
4.
Once the application is approved by the President’s Office, the employer (applicant) will collect a letter from them confirming that the named expatriates should be granted Exemption Certificates.
5.
The employer submits all documentation to the Prime Minister’s Office, Labour, Youth Employment and Persons with Disability for processing a Work Permit in the form of an Exemption Certificate.
6.
Afterwards, the employer must submit all documentation together with the Work Permit in form of the Exemption Certificate to the Immigration Department. The Immigration Department will issue the applicant with a Resident Permit in the form of an Exemption Certificate.
There are no fees payable by the applicant in this regard either at the Ministry of Labour, Youth Employment and Persons with Disability or at the Immigration Department.
The Highlights
(a)
A holder of Residence and Work Permit Exemption Certificates is not allowed to engage in any other type of employment, trade, business or profession in Tanzania other than the official activities that appear on the certificate.
(b)
The holder must surrender the certificate upon completion of his term of office or stay in Tanzania.
(c)
Women holders are allowed to include their husbands as dependents. This is not the case with the normal resident permits where a husband is not regarded as a dependent unless (a) the consent of a Minister of Home Affairs is obtained or (b) the Director of the Immigration determines that the husband is unable to support himself.
(d)
There are 3 to 4 ministries (line ministry, President’s Office – Public Service Management and Home Affairs – immigration department) which the application must go through.
(e)
An Exemption Certificate ceases to apply: (1) when there are passes or permits issued in its place; (2) when the holder leaves the country for good; or (3) when the holder’s employment with the organization that applied for it ceases.
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.
