Introduction
Immigration law refers to the set of rules, regulations, and policies that govern the entry, stay, and exit of foreign nationals within the country. It encompasses the legal framework determining who can enter Zimbabwe, under what conditions, and for what purposes.
1. Relevant Legislation
The legal framework governing immigration include the Immigration Act [Chapter 4:02] which is the principal legislation, the Citizenship Act [Chapter 4:01], the Refugees Act [Chapter 4:03], the Constitution of Zimbabwe and statutory instruments, and regulations issued by the Minister of Home Affairs. International treaties to which Zimbabwe is a signatory, customary international law and decided cases also play an impact role in immigration law jurisprudence in Zimbabwe. Immigration law is regulated by the Department of Immigration which falls under the Ministry of Home Affairs.
2. Visa categories and types of permits in Zimbabwe
Category A– travellers from these countries do not need a visa to enter Zimbabwe (e.g. Jamaica, Kenya, Zambia, Namibia, Malawi, Angola and Botswana just to mention a few)
Category B– Those who may be issued with a visa at any port of entry after paying the requisite visa fee, or they can apply online. (E.g. Algeria, Albania, Senegal, Netherlands, Rwanda, Portugal etc.)
Category C– travellers from these countries must apply for a visa before travelling to Zimbabwe (e.g. Afghanistan, Liberia, Libya, Togo, Tunisia, Iraq, Cameroon, Syria etc)
3. Types of Permits in Zimbabwe
Some of the permits available for foreign nationals include among others, student permits, investor permits, scholar permits, employment permits and spouse permits.
4. Application process and requirements
(a) Student Permit
This permit authorizes study at an approved educational institution in Zimbabwe. A person applying for this permit should furnish the Department of Immigration with a residence permit application form fully completed, an application letter addressed to the Chief Director of Immigration (CDI), a letter of acceptance from the school, a clearance letter from the Ministry of Education, certified passport bio-data page, 2 passport sized photos certified as a true likeness of the applicant, proof of payment of fees in foreign currency, proof of accommodation, police clearance from the country of origin not older than six months, radiological certificate and statutory non-refundable fee of US $200 and US $300/dependent.
(b) Investor permits
This permit facilitates the entry and stay of foreign investors. The requirements needed for investor permits are: a residence permit application form fully completed, an application letter addressed to the Chief Director of Immigration (CDI), a certified passport bio-data page, 2 passport photos certified as a true likeness of the applicant, project proposal, police clearance from country of origin/ last permanent residence not older than six months, radiological certificate, banking history from country of origin /last permanent residence, proof of funds available for transfer, proof of equipment to be imported, copies of passport bio-data and permit for other foreign stakeholders, list of expatriate and local employees, statutory non-refundable fee of US$500 and US$300/dependent, and Company documents ( CR6, CR12, CR14, ZIDA License, ZIMRA tax clearance).
(c) Employment permit
It enables foreign nationals to be employed in Zimbabwe, either by a local or foreign employer. An individual who wishes to obtain temporary employment in Zimbabwe will need to provide the following: a letter containing a job offer from a Zimbabwean company, proof of the applicant’s qualifications for the position, including prior work experience, two passport photos, a birth certificate and marriage certificate, if applicable, and payment of the application fee.
(d) Spouse permit
This permit allows a spouse to live with and have certain rights in Zimbabwe based on their marriage to a citizen or permanent resident of Zimbabwe. The following are the requirements: application form, application letter from the foreign spouse, support letter from the local spouse or work permit holder, close relative guarantee form, proof of accommodation by the guarantor, proof of funds by the guarantor, copy of marriage certificate, radiology certificate, original police clearance & certified copies.
5. Rights and Obligations of Foreign Nationals
Foreign citizens are entitled to some rights that are available to Zimbabwean nationals such as the right to freedom of movement and residence, right to work, the right to study in Zimbabwe (subject to the type of the permit), right to hold dual nationality and the right to acquire Zimbabwean citizenship. They are also afforded legal protection as well.
Non Zimbabwean citizens have the obligation of ensuring that their travel documents are valid and they are entitled to extending their stay should they exhaust their days. They should also comply with immigration laws and the conditions of their permits or visas.
6. Violation of immigration laws
The Immigration Act contains various offences and penalties in relation to immigration. Some of the offences include an attempt to influence the issue of a permit through bribery, re-entry of a person who is prohibited to enter Zimbabwe without authorization, escaping from lawful detention or custody, forgery of a document, entering, staying or leaving Zimbabwe without following procedures, failure to comply with the conditions of the visa or permit among others.
The imposable penalty is a fine not exceeding level seven or imprisonment for a period not exceeding 2 years or both.
For further inquiries, you may contact our Family Law Practice Group at info@mmmlawfirm.co.zw
I feel you did not cover this topic sufficiently l will however touch on a few aspects.
1. Work permit is not considered a residence permit. Unlike other residence permits eg spouse permit a holder is not entitled to apply for permanent residence after 5 years. The only option available is to apply for an ordinary residence permit of 1 to 2 years subject to the descretion of the CDI.
2. A spouse permit holder is not entitled to engage in employment in Zimbabwe in the absence of an authority to work notification from the CDI
3. A permanent resident loses his/her status if there are out of Zimbabwe for a continuous period of more than 12 months unless there are away for reasons stated in the immigration Act eg medical reasons, education etc. They do however have an option to apply for resumption of residence.
4. An employee of a work permit is not allowed to change employer without the notification and consent of CDI.
5. A person on a spouse permit is not allowed to have more that 1 wife/husband