1.1.INTRODUCTION

Immigration law refers to the laws that govern entry into, staying in and departure from a country. It sets out who has the right of abode in a country and who is subject to or exempt from immigration control. It also governs who is liable to be removed and deported from a country. For a foreign national to legally be in Zimbabwe, he either has to have a visa or a permit.

1.2. KEY LEGAL FRAMEWORK

The key legal framework that governs immigration laws in Zimbabwe include the following:

•Immigration Act (Chapter 4:02) (hereinafter the Act)

•Immigration Regulations, 1998

•Constitution of Zimbabwe Amendment (No.20) Act, 2013.

•The Citizenship Act [Chapter 4:01]

•The Refugees Act [Chapter 4:03]

•The Criminal Procedure and Evidence Act (Chapter 9:07)

1.3.GOVERNING AUTHORITY

Immigration law is regulated by the Department of Immigration Zimbabwe which falls under the Ministry of Home Affairs. Its mandate is to administer the Immigration Act (Chapter 4:02) and attendant Regulations of 1998 as amended, in an efficient, impartial, transparent and accountable manner. The main functions of the Department are built around two aspects of control and facilitation of movement of people into and out of the country.

1.4.VISAS

Visas in Zimbabwe are issued based on different categories as follows:

CATEGORY ‘A’ – Those who do not need visas to enter Zimbabwe

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.

CATEGORY ‘C’ – Those who are required to apply and obtain visas before traveling to Zimbabwe.

1.5.PERMITS

Different permits that can be issued under Zimbabwean laws include: -

1.5.1.Residence permit

This permit allows a person to live in Zimbabwe and have certain rights in Zimbabwe depending on the nature of the permit. This permit may be issued to any person who: -

• is the spouse or a minor child of a resident; or

• is the mother, father, grandparent or other dependent of a resident, where the resident is able to maintain such person and undertakes to do so; or

• possesses substantial financial means and is prepared to invest substantially in Zimbabwe without engaging in any occupation; or

• holds a temporary employment permit and—

(i) has been resident in Zimbabwe for a continuous period of not less than 5 years; or

(ii) where he applies for a residence permit within 6 months before the date of expiry of his temporary employment permit, will on the date of such expiry, have been resident in Zimbabwe for a continuous period of 5 years.1

1.5.2.Temporary employment permit

This permit authorises its holder, subject to the conditions that it has been granted, to enter and remain in Zimbabwe for a period not exceeding 5 years. It may further authorise the spouse and children of the holder of the permit to enter and remain in Zimbabwe for such period, not exceeding 5 years, specified therein. The permit may be extended for a period not exceeding five (5) years.2

1.5.3.Temporary permit

This permit is issued to prohibited persons for a period not exceeding 30 days except with the approval of the Chief Immigration Officer.3 The following are some examples of prohibited persons in terms of the Act

• any person who is deemed indigent.

• any person who has certain health conditions or otherwise physically incapacitated.

• any person who, not having received a free pardon, has been convicted in Zimbabwe or elsewhere of any offence specified in the Act

• anyone who engages in prostitution, homosexuality or exploits individuals for unethical purposes.

• any person deemed to be an undesirable inhabitant of or undesirable visitor to Zimbabwe;

• any person who has entered or remained in Zimbabwe in contravention of the Act, whether or not he has been prosecuted for such contravention;

• any person deemed to be a prohibited person in terms of the Act.

1.5.4. Student permit

This permit authorises the holder to enter and reside in Zimbabwe for the purpose of attending any educational institution, other than a school, approved by the Chief Immigration Officer. The permit shall remain valid for a period not exceeding one year and may be extended by endorsement of the permit for a further period or periods each not exceeding 1 year, on production of written evidence by the holder of acceptance by the educational institution concerned for a further period of study and that the holder of the permit shall not engage in any occupation except as directed by the educational institution concerned and such other conditions as the Chief Immigration Officer may fix.4

1.5.5. Scholar permit

This permit authorises the holder to enter and reside in Zimbabwe for the purpose of attending any school approved by the Chief Immigration Officer. The permit shall remain valid for a period of one school term from the date of issue. For the permit to be renewed, the holder is mandated to obtain from the head of the school concerned a scholar’s departure and re-entry certificate in form No. I.F. 14 and if the head or an Immigration Officer certifies that the holder of the scholar’s permit intends to return to the school the following term, the scholar’s permit shall be deemed to be renewed.5

1.5.6. Aliens permit

An alien is defined under the Act as a person who is not a Zimbabwean Citizen.6 An alien cannot enter, be or remain in Zimbabwe unless he is in possession of a permit permitting him to enter, be or remain in Zimbabwe, or a visitor’s entry certificate permitting him to enter, be or remain in Zimbabwe. This permit authorises the holder to enter and remain or to remain, as the case may be, in Zimbabwe.7

1.5.7. Permit relating to prescribed diseases

This permit is authorises prohibited persons who are infected or afflicted with or suffering from a prescribed disease to enter and remain in Zimbabwe subject to complying with such conditions as may be fixed in the permit.8

1.6. CONTRAVENING IMMIGRATION LAWS

Contravening immigration laws in Zimbabwe constitutes an offence and the offender can be held liable to pay a fine, be imprisoned or to both such fine and imprisonment as the case may be.Some of the offences in the Act include, but are not limited to, bribery to induce an immigration officer to issue a permit or recommend the authorization of the issue of any permit, re-entry of a prohibited person in Zimbabwe without authorization, escaping or attempting to escape from lawful custody or detention, forging a permit, travel document or any document whatsoever, committing any fraudulent act or making false representation and offering money or property to a Zimbabwean citizen in order to induce that Zimbabwean citizen to enter into a marriage or form of marriage with an object of securing or facilitating the entry into Zimbabwe

1.7. RIGHTS AND DUTIES OF AN ALIEN AND THE STATE.

The admission of aliens into a State immediately calls into existence certain correlative rights and duties. The alien has rights to protection of the local law. He owes a duty to observe that law and assumes a relationship towards the State of his residence sometimes referred to as ‘temporary allegiance’.

The State has the right to expect that the alien shall observe its laws and that his conduct shall not be incompatible with the good order of the State and of the community in which he resides or sojourns. It has the obligation to give him that degree of protection for his person and property, which he and his State have the right to expect under local law, under international law, and under treaties and conventions between his State and the State of residence.

Failure of the alien or of the State to observe these requirements may give rise to responsibility in varying degrees, the alien being amenable to the local law or subject to expulsion from the State, or both, and the State being responsible to the alien or to the State of which he is a national.9

1.8. CONCLUSION

Immigration laws regulate the entry, staying in and departure of foreign nationals from Zimbabwe. It is important for one to familiarize himself with the laws to avoid committing offences in terms of the Act.

Article compiled by Olivia Cheryl Chisvo, Associate at Scanlen & Holderness a premier Zimbabwean corporate and commercial law firm. chisvoo@scanlen.co.zw +263782931930