CHAPTER 123 - IMMIGRATION AND DEPORTATION ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Immigration and Deportation Act (Fees) (Waiver) Regulations

Immigration and Deportation Act (Conferment of Powers and Duties of Immigration Officer) Order

Immigration and Deportation (Fees) (Waiver) Regulations

Immigration and Deportation Act (Commencement) Order

Immigration and Deportation (General) Regulations

Immigration and Deportation (Immigration Consultants) Regulations

Immigration Consultants Code of Conduct

IMMIGRATION AND DEPORTATION ACT (FEES) (WAIVER) REGULATIONS

[Regulation 3]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Waiver of fees

      SCHEDULE

SI 3 of 2001.

1.   Title

These Regulations may be cited as the Immigration and Deportation Act (Fees) (Waiver) Regulations, 2000.

2.   Waiver of fees

The fees payable under regulation 3 of the Immigration and Deportation Regulations are hereby waived in respect of the Class of persons specified in the Schedule.

SCHEDULE

[Paragraph 2]

Personnel from China who have been employed by the Ministry of Information and Broadcasting Services for Installation of FM Radio Transmitters in pursuance of an Agreement between the Governments of the Republic of China and the Republic of Zambia.

IMMIGRATION AND DEPORTATION ACT (CONFERMENT OF POWERS AND DUTIES OF IMMIGRATION OFFICER) ORDER

[Section 4]

Arrangement of Paragraphs

Paragraph

   1.   Title

   2.   Power to act as immigration officer

      SCHEDULE

SI 124 of 2001.

1.   Title

These Regulations may be cited as the Immigration and Deportation Act (Conferment of Powers and Duties of Immigration Officer) Order, 2001.

2.   Power to act as immigration officer

The person specified in the Schedule are hereby conferred with the powers and duties of an immigration officer within their areas of Jurisdiction.

SCHEDULE

1.   Army Platoon Commander or delegates of the Commander (Imusho Barder)

2.   Police Officer in-charge or delegates of the officer (Mwandi Police Post)

IMMIGRATION AND DEPORTATION (FEES) (WAIVER) REGULATIONS

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Waiver of fees

      SCHEDULE

SI 59 of 2003.

[Made under Regulation 3 of the Immigration and Deportation Regulations]

1.   Title

These Regulations may be cited as the Immigration and Deportation (Fees) (Waiver) Regulations, 2003.

2.   Waiver of fees

The fees payable under Regulation 3 of the Immigration and Deportation Regulations are hereby waived in respect of the class of persons specified in the Schedule.

SCHEDULE

[Regulation 2]

Zimbabwean employees of the Zambezi River Authority

IMMIGRATION AND DEPORTATION ACT (COMMENCEMENT) ORDER

[Section 1]

Arrangement of Paragraphs

Paragraph

   1.   Title

   2.   Commencement of Act No.18 of 2010

SI 77 of 2010.

1.   Title

This Order may be cited as the Immigration and Deportation Act (Commencement) Order, 2010.

2.   Commencement of Act No.18 of 2010

The Immigration and Deportation Act, 2010 shall come into operation on the date of publication of this Order.

IMMIGRATION AND DEPORTATION (GENERAL) REGULATIONS

[Section 59]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Regulations

Act 18 of 2010,

SI 129 of 2011,

SI 21 of 2012.

PART I
PRELIMINARY

Regulation

   1.   Title

   2.   Interpretation

PART II
ENTRY INTO, AND DEPARTURE FROM, ZAMBIA

   3.   Port of entry

   4.   Report of entry

   5.   Prohibition of leaving port of entry without authorisation

   6.   Notice to appear before immigration officer

   7.   Departure declaration

PART III
IMMIGRATION PERMITS

   8.   Application for residence permit

   9.   Notification of change of address

   10.   Application to change temporary residence status, etc.

   11.   Application to extend validity of temporary residence permit

   12.   Application for diplomatic permit

   13.   Diplomatic permit

   14.   Application for spouse permit

   15.   Spouse permit

   16.   Notification of change of marital status

   17.   application for visiting visa

   18.   Visiting visa

   19.   Application for visiting permit

   20.   Visiting permit

   21.   Application to extend period of validity of visiting visa or visiting permit

   22.   Application for study permit

   23.   Study permit

   24.   Expiry of study permit

   25.   Prohibition of admission to educational institution without study permit

   26.   Temporary permit

   27.   Application for employment permit

   28.   Employment permit

   29.   Application for temporary employment permit

   30.   Temporary employment permit

   31.   Application for investor’s permit

   32.   Investor’s permit

   33.   Application for cross border permit

   34.   Cross border permit

   35.   Asylum seeker’s permit

   36.   Border pass

   37.   Transit visa or permit

   38.   Application to vary conditions or validity of permit

   39.   Notice of intention to revoke permit

   40.   Revocation of permit

   41.   Appeals

   42.   Exemption from application of Second Schedule

PART IV
PROHIBITED AND ILLEGAL IMMIGRANTS

   43.   Notice to prohibited immigrant to leave Zambia

   44.   Warrant of detention of suspected prohibited immigrate

   45.   Warrant of deportation

   46.   Warrant of distress

   47.   Report of inspection

PART V
INSPECTIONS OF BY IMMIGRATION OFFICERS

   48.   Search warrant

   49.   Application for court order to search banker’s books

   50.   Notice of seizure

   51.   Colours of permit

   52.   Fees

   53.   Revocation of S.I. No. 343 of 1965 and S.I. No. 34 of 1994

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

SI 129 of 2011,

SI 21 of 2012.

PART I
PRELIMINARY

1.   Title

These Regulations may be cited as the Immigration and Deportation (General) Regulations, 2011.

2.   Interpretation

In these Regulations, unless the context otherwise requires–

“admission” has the meaning assigned to it in the Act;

“border” has the meaning assigned to it in the Act;

“child” has the meaning assigned to it in the Act;

“citizen” has the meaning assigned to it in the Act;

“COMESA” means the Common Market for Eastern and Southern Africa;

“Department” means the Immigration Department in the Ministry responsible for home affairs;

“deportation” has the meaning assigned to it in the Act;

“Director-General” means the Director-General of Immigration;

“education institution” has the meaning assigned to it in the Act;

“employer” has the meaning assigned to it in the Act;

“established resident” has the meaning assigned to it in the Act;

“exempted person” means a person or class or description of persons exempted by the Minister under the Act from the requirement to obtain an entry permit or pass, or to report entry into, or departure from Zambia;

“foreigner” has the meaning assigned to it in the Act;

“holder” in relation to a permit, pass or passport, means the person to, or in respect of, whom the permit, pass or passport has been lawfully granted or issued and any other person to, or in respect of, whom the same applies in addition to the holder, and in a like manner as to the holder, whether by reason of the relevant terms or by reason for any duly authorised endorsement or extension thereof;

“illegal immigrant” has the meaning assigned to it in the Act;

“immigrant officer” has the meaning assigned to it in the Act;

“port of entry” has the meaning assigned to it in the Act;

“precincts” in relation to an airport, port or border means the part of the airport, port or border at which customs and immigration formalities are conducted;

“prohibited immigrant” has the meaning assigned to it in the Act;

“residence permit” has the meaning assigned to it in the Act;

“SADC” means the Southern African Development Community;

“study permit” has the meaning assigned to it in the Act;

“spouse” has the meaning assigned to it in the Act;

“temporary permit” has the meaning assigned to it in the Act;

“temporary residence permit” has the meaning assigned to it in the Act ‘ and

“visiting permit” means a permit issued pursuant to subsection (2) of section 25 of the Act.

PART II
ENTRY INTO, AND DEPARTURE FROM, ZAMBIA

3.   Ports of entry

The designated ports of entry are as set out in the First Schedule.

4.   Report on entry

A person shall, immediately on arrival in Zambia, report the person’s arrival personally to the nearest immigration officer, complete an Entry Declaration in Form I set out in the Second Schedule and deliver the Form and the person’s passport personally to the immigration officer.

5.   Prohibition of leaving port of entry without authorisation

   (1) A person who arrives in Zambia by ship, aircraft, train, vehicle or other conveyance shall not leave the precincts of the airport, port or border unless authorised by an immigration officer.

   (2) A person who contravenes sub-regulation (1) commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding 12 months, or to both.

6.   Notice to appear before immigration officer

A notice to appear before an immigration officer shall be in Form II set out in the Second Schedule.

7.   Department declaration

A departure declaration shall be in Form III set out in the Second Schedule.

PART III
IMMIGRATION PERMITS

8.   Application for residence permit

   (1) An application for a residence permit for a person aged 16 and above shall be made in Form IV set out in the Second Schedule.

   (2) An application for a residence permit for a person between the ages of seven and 15, inclusive, shall be made in Form V set out in the Second Schedule.

   (3) The Director-General shall–

      (a)   where an application for a residence permit meets the requirements of the Act and these Regulations, approve the application and issue the residence permit; or

      (b)   where an application for a residence permit does not meet the requirements of the Act or these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule, within seven days of the Director-General’s decision.

   (4) A residence permit shall be in Form VII set out in the Second Schedule.

9.   Notification of change of address

A holder of a residence permit shall notify the nearest immigration office of the holder’s change of address in Form VIII set out in the Second Schedule.

10.   Application to change temporary residence status, etc.

   (1) An application to change–

      (a)   a foreigner’s temporary residence status to another temporary residence permit or to a residence permit;

      (b)   the conditions attached to the temporary residence permit held by a foreigner; or

      (c)   the conditions attaching to both the status of a foreigner or a temporary residence permit issued in respect of the foreigner;

shall be in Form IX set out in the Second Schedule.

   (2) The Director-General shall–

      (a)   where an application meets the requirements of the Act and these Regulations-

      (i)   approve the applications and inform the applicant of the approval in Form X set out in the Second Schedule; and

      (ii)   endorse the change on the temporary residence permit or where the foreigner’s status is changed from a temporary residence permit to another temporary residence permit or a residence permit, cancel the first temporary residence permit and issue the applicant with the relevant permit; and

      (b)   where the application does not meet the requirements of the Act or these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule, within seven days of the Director-General’s decision.

11.   Application to extend validity of temporary residence permit

   (1) An application to extend the validity of a temporary residence permit shall be made in Form XI set out in the Second Schedule.

   (2) The Director shall–

      (a)   where an application under sub-regulation (1) meets the requirements of the Act and these Regulations, approve the application and endorse the extension on the temporary residence permit; or

      (b)   where the application does not meet the requirements of the Act and these Regulations–

      (i)   reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule ; and

      (ii)   endorse the rejection on the temporary residence permit.

12.   Application for diplomatic permit

An application for a diplomatic permit shall be made in Form XII set out in the Second Schedule.

13.   Diplomatic permit

A diplomatic permit shall be in Form XIII set out in the Second Schedule.

14.   Application for spouse permit

An application for a spouse permit shall be made in Form XIV set out in the Second Schedule.

15.   Spouse permit

A spouse permit shall be in Form XV set out in the Second Schedule.

16.   Notification of change of marital status

Where the marital status of a spouse changes, the spouse shall inform the Director-General in Form VIII set out in the Second Schedule, within 30 days of such change.

17.   Application for visiting visa

An application for a visiting visa shall be made in Form XVI set out in the Second Schedule.

18.   Visiting visa

The Director-General–

      (a)   where an application under regulation 17 meets the requirements of the Act and these Regulations, approve the application and issue the applicant with a visiting visa in Form XVII set out in the Second Schedule; and

      (b)   where the application does not meet the requirements of the Act and these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule.

19.   Application for visiting permit

An application for a visiting permit shall be made in Form XVIII set out in the Second Schedule.

20.   Visiting permit

The Director-General shall–

      (a)   where an application under regulation 19 meets the requirements of the Act and these Regulations, approve the application and issue the applicant with a visiting permit in Form XIX set out in the Second Schedule; and

      (b)   where the application does not meet the requirements of the Act and these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule.

21.   Application to extend period of validity of visiting visa or visiting permit

   (1) An application to extend the period of validity of a visiting visa or a visiting permit shall be made in Form XI set out in the Second Schedule.

   (2) The Director-General shall–

      (a)   where the application under sub-regulation (1) meets the requirements of the Act and these Regulations, approve the application and endorse the extension on the visiting visa or permit; or

      (b)   where the application does not meet the requirements of the Act and these Regulations–

      (i)   reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule; and

      (ii)   endorse the rejection on the visiting visa or permit.

22.   Application for study permit

An application for a study permit shall be made in Form XX set out in the Second Schedule.

23.   Study permit

The Director-General shall–

      (a)   where an application under regulation 22 meets the requirements of the Act and these Regulations, approve the application and issue the applicant with a study permit in Form XXI set out in the Second Schedule; and

      (b)   where the application does not meet the requirements of the Act and these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule.

24.   Expiry of study permit

A study permit shall cases to be valid if the holder thereof–

      (a)   fails, within a period of 30 days from the date of its issue or from the date of the holder’s entry into Zambia, whichever is the later, to enter, as a student, the educational institution in respect of which the study permit was issued; or

      (b)   having entered an educational institution as a student, at any time thereafter, leaves prior to completing the course of study or ceases to be retained as a student in the education institution;

with effect from the expiration of the period of 30 days or the date on which the holder leaves or ceases to be a student in the educational institution, as the case may be.

25.   Prohibition of admission to educational institution without study permit

   (1) A person in charge of an educational institution shall not allow a person who is required to obtain a study permit to attend the educational institution without possession of a study permit.

   (2) A person who contravenes sub-regulation (1) commits an offence and is liable, upon conviction to a fine not exceeding 1000 penalty units or to imprisonment for a period not exceeding 12 months, or to both.

26.   Temporary permit

A temporary permit shall be in Form XXII set out in the Second Schedule.

27.   Application for employment permit

An application for an employment permit shall be made in Form XXIII set out in the Second Schedule.

28.   Employment permit

The Director-General shall–

      (a)   where an application under regulation 27 meets the requirements of the Act and these Regulations, approve the application and issue the applicant with an employment permit in Form XXIV set out in the Second Schedule; and

      (b)   where the application does not meet the requirements of the Act and these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule.

29.   Application for temporary employment permit

An application for a temporary employment permit shall be in Form XXV set out in the Second Schedule.

30.   Temporary employment permit

The Director-General shall–

      (a)   where an application under regulation 29 meets the requirements of the Act and these Regulations, approve the application and issue the applicant with a temporary employment permit in Form XXVI set out in the Second Schedule; and

      (b)   where the application does not meet the requirements of the Act and these Regulation, reject the application and inform the applicant on the rejection in Form VI set out in the Second Schedule.

31.   Application for investor’s permit

An application for an investor’s permit shall be made in Form XXVII set out in the Second Schedule.

32.   Investor’s permit

The Director-General shall–

      (a)   where an application under regulation 31 meets the requirements of the Act and these Regulations, approve the application and issue the applicant with an investor’s permit in Form XXVIII set out in the Second Schedule; and

      (b)   where the application meets the requirements of the Act and these Regulations, reject the application and inform the applicant on the rejection in Form VI set out in the Second Schedule.

33.   Application for cross border permit

An application for a cross border permit shall be made in Form XXIX set out in the Second Schedule.

34.   Cross border permit

The Director-General shall–

      (a)    where an application under regulation 33 meets the requirements of the Act and these Regulations, approve the application and issue the applicant with a cross border permit in Form XXX set out in the Second Schedule; and

      (b)    where the application does not meet the requirements of the Act and these Regulations, reject the application and inform the applicant on the rejection in Form VI set out in the Second Schedule.

35.   Asylum seeker’s permit

An asylum seeker’s permit shall be in Form XXXI set out in the First Schedule.

36.   Border pass

A border pass shall be in Form XXXII set out in the Second Schedule.

37.   Transit visa or permit

A transit visa or permit shall be in Form XXXIII set out in the Second Schedule.

38.   Application to vary conditions or validity of permit

   (1) An application to vary the conditions of a permit or visa issued under these Regulations or the period of validity of a permit or visa shall be made in Form XI set out in the Second Schedule.

   (2) The Director-General shall–

      (a)    where an application under sub-regulation(1) meets the requirements of the Act and these Regulations, approve the application endorse the variation on the permit or visa ; and

      (b)    where the application referred to in sub-regulation (1) does not meet the requirements of the Act and these Regulations–

      (i)    reject the application and inform the applicant of the rejection in Form V set out in the Second Schedule; and

      (ii)    endorse the rejection on the permit or visa.

39.   Notice of intention to revoke permit

The Director-General shall notify a permit holder of the Director-General’s intention to revoke a permit issued under these Regulations in Form XXXIV set out in the Second Schedule.

40.   Revocation of permit

A notice of revocation of a permit issued under these Regulations shall be in Form XXXV set out in the Second Schedule.

41.   Appeals

An appeal against a decision, other than a decision relating to a deportation or removal, shall be made in Form XXXVI set out in the Second Schedule.

PART IV
PROHIBITED AND ILLEGAL IMMIGRANTS

42.   Exemption from application of Second Schedule

   (1) A certificate of exemption from any or all of the classes of prohibited immigrants set out in the Second Schedule to the Act shall be in Form XXXVII set out in the Second Schedule.

   (2) A rejection of a representation to exempt a person from any or all of the classes of prohibited immigrants set out in the Second Schedule to the Act shall be in Form XXXVIII set out in the Second Schedule.

43.   Notice to prohibited immigrant to leave Zambia

A notice to a prohibited immigrant to leave Zambia shall be in Form XXXIX set out in the Second Schedule.

44.   Warrant of detention of suspected prohibited immigrant

A warrant of detention of a suspected prohibited immigrant shall be in Form XL set out in the Second Schedule.

45.   Warrant of deportation

A warrant of deportation shall be in Form XLI set out in the Second Schedule.

46.   Warrant of distress

   (1) A Magistrate may, on being satisfied that an illegal immigrant has failed to meet any expenses incurred by the Department in connection with the detention, maintenance, medical treatment or removal from Zambia of the illegal immigrant and on application being made in that behalf by an immigration officer, issue a warrant for the levy of the amount by distress to defray any expenses incurred.

   (2) A warrant of distress shall be in Form XLII set out in the Second Schedule.

PART V
GENERAL PROVISIONS

47.   Report of inspection

A report of an inspection undertaken pursuant to paragraph (b) of section 6 of the Act shall be in Form XLIII set out in the Second Schedule.

48.   Search warrant

A search warrant shall be in Form XLIV set out in the Second Schedule.

49.   Application for court order to search banker’s book

An application for a court order to search a bank account, share account, expense account or safe deposit of any person, which an immigration officer has reasonable grounds to believe has evidence connected with a contravention of the Act or these Regulations shall be in Form XLV set out in the Second Schedule.

50.   Notice of seizure

A notice of seizure shall be in Form XLVI set out in the Second Schedule.

51.   Colours of permits

The colours set out in the Third Schedule shall be the prescribed colours for the permits specified therein.

52.   Fees

The fees set out in the Fourth Schedule shall be the prescribed fees for the matters specified therein.

53.   Revocation of S.I No. 343 of 1965 and S.I. No. 34 of 1994

The Immigration and Deportation Regulation, 1965, and the Immigration and Deportation (Fees) Regulations, 1994, are hereby revoked.

FIRST SCHEDULE

[Regulation 3]

PORTS OF ENTRY

Location

Hours of operation

Airports

Chingola

Chipata

Kalabo

Kasama

Livingstone

Lusaka

Mansa

Mbala

Mfuwe

Mongu

Ndola

Kitwe

Sesheke

Solwezi

Zambezi

Port

Mpulungu

Railway Stations

Livingstone

Ndola

Kapiri Mposhi

Kasama

Nakonde

Border Controls

Chanida

Chavuma

Chembe

Chipungu

Chirundu

Jimbe Bridge

Kaputa

Kariba

Kashiba

Kasumbalesa

Katima Mulilo

Kazembe

Kamapanda

Kazungula

Kipushi

Kilwa Island

Luangwa

Lukwesa

Lukulu

Lundazi

Lusuntha

Lumi

Manda

Mokambo

Mulekatembo

Muyombe

Mwandi

Mwase

Mwami

Muweji

Mwense

Nchelenge

Kanyala

Sakania

Sinazongwe

Sinda Misale

Nsumbu

Tshinsenda

Nakonde

Namafulo

Victoria Falls

Zombe

Internal Controls

Chadiza

Chingola

Chipata

Chibombo

Choma

Kabombo

Kabwe

Isoka

Imusho

Itezhi-Itezhi

Kapiri-Mposhi

Kitwe

Livingstone

Luanshya

Lusaka

Mbala

Mpika

Mporokoso

Mufurila

Mumbwa

Mwinilunga

Ndola

Luangwa

Lusuntha

Serenje

Shangombo

Sikongo

Senenga

SECOND SCHEDULE

[Regulations 4, 6, 7, 9(1), 9(2), 10(1), 10(2), 11, 12, 13, 14, 15, 16(1), 16(2), 17, 20, 21 and 22]

PRESCRIBED FORMS

FORM I

[Regulation 4]

(To be completed in triplicate)

REPUBLIC OF ZAMBIA

Immigration and Deportation Act, 2010

(Act No. 18 of 2010)

The Immigration and Deportation (General) Regulations, 2011

ENTRY DECLARATION

(Section 12 of the Immigration and Deportation Act, 2010)

Please complete in block letters

Shaded fields for official use only

Permit/Visa

Date and Time

Information Required (To be completed in block letters)

Information Provided

1.

(a) Surname

(b) Other names

2.

Sex (Tick(where applicable)

Male

Female

3.

Date of birth (dd/mm/yyyy

4.

Place of birth

Town

country

5.

Nationality

6.

(a)    Passport No.

(b)    Place of No.

(c)    Date of issue (dd/mm/yyyy)

(d)    Date of expiry (dd/mm/yyyy)

7.

Method of Travel (Tick(where applicable)

Air

Water

Rail

Road

8.

Flight/Ship/Train/Vehicle No.

9.

Reasons for entry (Tick (where applicable)

(a) Zambian citizen returning

Yes

No

(b) Non-citizen

Yes

No

(c) Reasons for presence in Zambia

Visiting

On holiday

Business

Transit

Employment

Other (specify)

..............................................................................................

10.

Expected length of stay

Days

Weeks

Months

Years

11.

Residential address in Zambia

12.

Business address in Zambia

13.

Amount of money immediately available to the applicant

14.

DECLARATION


I hereby declare that the information furnished by me in this application is true, correct and complete to the best of my knowledge.


I understand that any incorrect, misleading or untrue information or the withholding of any relevant information may affect my entry into Zambia.


…………………………………………………………………………………………………..


Signature ...........................

Date .................................


FOR OFFICIAL USE ONLY



Received By:……………………………………………………………………………..


Official Signature


OFFICIAL STAMP



Receipt No…………………………………………..



Permit/Visa No:…………………………………….



File Ref. No………………………………………….


Remarks:…………………………………………….



…………………………………………….




……………………………………………..

Form II

[Regulation 6]

REPUBLIC OF ZAMBIA

Immigration and Deportation Act, 2010

(Act No. 18 of 2010)

The Immigration and Deportation (General) Regulations, 2011

NOTICE TO APPEAR BEFORE AN IMMIGRATION OFFICER

(Section 14 of the Immigration and Deportation Act, 2010)

(1) Here insert the full names of addressee



(2) Here insert address of address


(3) Here state place of appearance.



(4) Here insert recipient’s full names



(5) Here insert recipient’s address
To (1) ………………………………………………………………………………..


of (2) …………………………………………………………………….........................................................................................................................……….




TAKE NOTICE that you are required to report to an immigration officer on the……………………….day of…………..20………..at (3)………………………....


…………………………………………………………………………………………..


at……………………………hours of the following grounds:


(a)……………………………………………………………………………
(b)……………………………………………………………………………
(c)…………………………………………………………………………..



Failure to comply with the terms of this notice constitutes an offence punishable, upon conviction, with a fine not exceeding two hundred thousand penalty units or imprisonment for a period not exceeding two years, or both.



…………………………. …………. ………………………………………..


Name of immigration officer Signature of immigration officer


OFFICIAL STAMP


ENDORSEMENT OF REGISTRATION



This notice has, the ………. day of ………. 20…. been entered in the Register.



………………………………………..


Signature of immigration officerACKNOWLEDGE OF SERVICE



I(4) ………………………………..of (5)…………………………have , this……….day of……………20…………. been served with this notice.

……………………………………….. ………………………………………..


Name of receipt Signature of recipient

Form III

[Regulation 7]

REPUBLIC OF ZAMBIA

Immigration and Deportation Act, 2010

(Act No. 18 of 2010)

The Immigration and Deportation (General) Regulations, 2011

DEPARTURE DECLARATION
(Section 16 of the Immigration and Deportation Act, 2010)

Shaded fields for official use only

Permit/Visa

Date and Time

Information Required

Information Provided

PART I

PERSONAL DETAILS

1.

(a) Surname

      (b) Other names

      (c) Designation
      (Tick (as applicable)

Mr

Mrs

Ms

Dr

Prof

2.

Sex (Tick(as applicable)

Male

Female

3.

Date of birth (dd/mm/yyyy

4.

Place of birth

Town

country

5.

Nationality

6.

(a)    Passport no.

(b)    Place of No.

(c)    Date of issue    (dd/mm/yyyy)

(d)    Date of expiry (dd/mm/yyyy)

7.

Method of Travel

(Tick(where applicable)

Air

Water

Rail

Road

8.

Flight/Ship/Train/Vehicle No.

9.

Country of final destination

10.

Number of people travelling on your passport

Children

Male

Female

Adults

Male

Female

11.

Are you leaving after a … (Tick) (where applicable)

Holiday visit

Business visit

Tourist Holiday

Transit stop

Other (specify)

12.

How long have you stayed in Zambia?



PART II

(Not applicable to persons to transit)

13.

Have you been a resident of Southern Africa? (State “Yes” or “(No”)

14.

If the answer to question 13 is yes, in which country were you in last resident?

15.

DECLARATION


I hereby declare that the information furnished by me in this application is true, correct and complete to the best of my knowledge.


I understand that any incorrect, misleading or untrue information or the withholding of any relevant information may affect my entry into Zambia.


…………………………………………………………………………………………………..

Name of applicant Signature

………………………………………………..

Date

FOR OFFICIAL USE ONLY


………………………………………………… ………………………………………………..

Officer Signature

OFFICIAL STAMP



………………………………………………



Date

Form IV

[Regulation 8(1)]

REPUBLIC OF ZAMBIA

Immigration and Deportation Act, 2010

(Act No. 18 of 2010)

The Immigration and Deportation (General) Regulations, 2011

APPLICATION FOR A RESIDENCE PERMIT FOR A PERSON AGED SIXTEEN YEARS AND ABOVE

(Section 20 of the Immigration and Deportation Act, 2010)

Please complete in block letters

Shaded fields for official use only

Permit/Visa

Date and Time

Information Required

Information Provided

PART I

PERSONAL DETAILS
(To be completed by applicant)

1.

(a) Surname

(b) Other names

2.

Sex (Tick(as applicable)

Male

Female

3.

Date of birth (dd/mm/yyyy

4.

Place of birth

Town

country

5.

Nationality

6.

Passport No.

Place of Issue

Date of issue (dd/mm/yyyy)

Date of expiry (dd/mm/yyyy)

7.

Duration of proposed stay in Zambia

8.

Are you … (Tick (V) as applicable)

An established resident

A spouse of a citizen who has held a spouse permit for a period of not less than five years

A child of a citizen

A child or dependant, under the age of twenty-one years, of an established resident or person holding a valid residence permit

A holder of an entry permit

9.

Countries of residence during five years immediately preceding this application

Town

Country

From (dd/mm/yyyy)

To (dd/mm/yyyy)

10.

Class of persons to which you belong (See notes below)

11.

Highest education standard attained

12.

Occupation

13.

Experience in your occupation

14.

Are you fluent in English or any language to Zambia? If yes, which language (s)?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………

15.

Average income earned during three years immediately preceding this application

From employment

From other sources

16.

Amount of money immediately available to applicant

17.

Assets owned by applicant and their value

Assent

Value

Location

18.

Are you financially dependent on a relative in Zambia? If yes, give full names, address and occupation of that relative.

Full names of relatives (s)

Address (Physical or postal)

Occupation

19.

Do you intend to retire in Zambia? (If your answer is yes, refer to question 31).

20.

Do you hold an investor’s permit valid for a period exceeding three years?

21.

If your answer to question 20 is yes, please provide the certificate of registration No.

(a) Have you ever applied for a permit under the Immigration and Deportation Act, 2010, or the Immigration and Deportation Act, Cap. 123? If yes, give details

Permit applied for

Date of application

Status of application (pending, granted or rejected)

(b) If the application was rejected, state reasons for rejection:………………………………………….....……………………………………………………………………………………………………………..……………………………………………………………………………………………………………..……………………………………………………………………………………………………………...............................

22.

Have you or your spouse ever been restricted from entering any country or deported or repatriated from any country? If so, give details below.

Country in which entry restricted or from which deported or repatriated

Yes of restriction, deportation or repatriation

Reasons

23.

Have you been convicted of an offence under any law within or outside Zambia? If yes, specify details:
Nature of offence:………………………………………………………………........................
Date of conviction:………………………………………………………………………………. Sentence:…………………………………………………………………………………………

PART II

FAMILY DETAILS

24.

Marital status

single

Married

Widowed

Separated

Divorced

25.

Full names of spouse(if married

Surname

First Name

(a) Date of birth of spouse (dd/mm/yyyy)

(b) Date of birth(dd/mm/yyyy)

(c) Town

(d) Country

27.

Number of children/dependants below the age of seven

Children

Dependants

28.

Particulars of children

Name

Sex

Date of birth

Place of birth

29.

Particulars of dependants

Name

Sex

Date of birth

Place of birth

30.

Do you, your children or dependants suffer from any physical or mental disability or diseases? If any, give details

31.

Appendix

If your answer to question 19 is yes, please provide proof that you have a right to a pension or irrevocable annuity or retirement account from which you receive a prescribed minimum payment for the rest of your life or that you have a minimum prescribed net worth and have paid a prescribed amount in an account in Zambia.

NOTES TO APPLICANT
Please use the Classes Set out in Note 1 to respond to question 10.
1. CLASSES OF PERSONS WHO MAY BE ISSUED WITH RESIDENCE PERMITS
   (Sections 20 and 21 of the Immigration and Deportation Act, No. 18 of 2010)
Class A
Any person who intends for gain to engage in any trade, business, profession, employment or other occupation.

For which the person is fitted by virtue of the person’s academic or professional qualifications, standard of education, skill and financial resources;

In which, having regard to the productivity and efficiency of the persons already engaged therein, there is not already a sufficient number of persons engaged or available in Zambia to met the requirements of the inhabitants of Zambia; or

Which is likely to be of benefit to the inhabitants of Zambia generally.
Class B
Any person-
Who has in the person’s own right and at the person’s full and free disposition for use in Zambia such financial resources as shall be sufficient to maintain the person; and

Whose presence in Zambia is likely to be of benefit to the inhabitants of Zambia generally.

Class C
Any forebear, parent, child or grandchild of a person who is dependent on that person if such person-

   (a)   is the holder of a valid residence permit;

   (b)   is capable of maintaining such dependent; and

   (c)   undertakes such maintenance.

Class D

Any forebear, parent or grandchild of a person who is dependent on that person if such person-

   (a)   is a citizen or established resident;

   (b)   is capable of maintaining such dependant; and

   (c)   undertakes such maintenance.

2. A child below the age of seven need not hold a separate residence permit.

DECLARATION

I hereby declare that the information furnished by me in this application is true, correct and complete to the best of my knowledge.

I understand that any incorrect, misleading or untrue information or the withholding of any relevant information may affect my application to change my temporary residence status or the conditions of my temporary residence permit or shall result in the revocation of the permit.
………………………………
Name of Deponent
………………………………
Signature

Date ………………………

FOR OFFICIAL USE ONLY

Received by:……………………………………………………………………………..

…………………………………………
Officer (Name and Signature)

Date ……………………

Amount Received:………………………………….

OFFICIAL STAMP

Temporary Employment Permit No: …………………………………………..

File Ref. No: ………………………………………….

Date and Place of issue: ………………………………..


Remarks: …………………………………………….

Form V

[Regulation 8(2)]

REPUBLIC OF ZAMBIA

Immigration and Deportation Act, 2010

(Act No. 18 of 2010)

The Immigration and Deportation (General) Regulations, 2011

APPLICATION FOR A RESIDENCE PERMIT

(FOR APPLICANTS AGED SEVEN TO FIFTEEN, INCLUSIVE)

To be completed in block letters by child’s parent/guardian

Shaded fields for official use only

Permit/Visa

Date and Time

Information Required

Information Provided

PART I

PERSONAL DETAILS

1.

(a) Surname

      (b) Other names

2.

Sex (Tick(as applicable)

Male

Female

3.

Date of birth (dd/mm/yyyy

4.

Place of birth

Town

country

5.

Nationality

6.

(a)    Passport no.

(b)      Place of issue

(c)    Date of issue    (dd/mm/yyyy)

(d)    Date of expiry (dd/mm/yyyy)

7.

(a)      Residential address

(b)      Postal address

8.

Occupation

9.

Relationship to applicant

PART II

CHILD’S DETAILS

10.

(a)      Surname

(b)      Other names

11.

Sex (Tick(where applicable

Male

Female

12.

Date of birth (dd/mm/yyyy)

13.

Place of birth

Town

Country

14

Nationality

15.

(a)      Passport No.

(b)      Place of issue

(c)      Date of issue (dd/mm/yyyy)

(d)      Date of expiry(dd/mm/yyyy)

16.

School attended by applicant

Primary

Name of School

From (dd/mm/yyyy)

To (dd/mm/yyyy)

Secondary

Name of School

From (dd/mm/yyyy)

To (dd/mm/yyyy)

Post Secondary

Name of School

From (dd/mm/yyyy)

To (dd/mm/yyyy)

17.

Physical or mental disability suffered by the child, if any

18.

APPENDICES

Copy of certified birth certificate or other documentation evidencing the birth of the child (if the child was adopted, evidence of adoption)

DECLARATION

I hereby declare that the information furnished by me in this application is true, correct and complete to the best of my knowledge.

I understand that any incorrect, misleading or untrue information or the withholding of any relevant information may affect the issuance of the residence permit or shall result in the revocation of the permit.

.………………………………
Name of Deponent

..............................................
Signature

Date ................................



PART III


CONFIRMATION OF PLACE OF BIRTH


(To be completed by the relevant authority in the District/Municipality/Borough in which the child (applicant) and the child’s parent or guardian was born)

From my local knowledge of the District/Municipality/Borough and investigations carried out, I confirm that (full name of applicant)…………………………………………….and the applicant’s parent/guardian Mr/Mrs/Miss/Dr/Pro: (full names of applicant’s parent/guardian)………………………………………were born at the place stated above.
…………………..
Name of officer
…………………...
Rank
…………………
Station
…………………...
Signature


OFFICIAL STAMP


Date ……………………

FOR OFFICIAL USE ONLY


Received by:……………………………………………………………………………..

…………………………………………
Officer (Name and Signature)

Date ……………………

Amount Received:………………………………….

OFFICIAL STAMP

Receipt No…………………………………………..

Resident Permit No:………………………………..

File Ref. No………………………………………….

Remarks:…………………………………………….

…………………………………………….

……………………………………………..

Form VI

[Regulation 8(3), 10(2)(b), 11(2)(b), 18(b), 20(b), 21(2)(b)(i), 23(b), 28(b), 30(b), 32(b), 34(b), 38(2(b)(i)]

REPUBLIC OF ZAMBIA

Immigration and Deportation Act, 2010

(Act No. 18 of 2010)

The Immigration and Deportation (General) Regulations, 2011

NOTICE OF REJECTION OF APPLICANT

(1) Here insert the full names and address of applicant.


(2) Here insert the reference No. of the application.


(3) Here insert type of application
To(1)………………………………………………………………………………….

………………………………………………………………………………………..



IN THE MATTER OF (2)……………………………………………………………you are hereby notified that your application for (3)…………………..has been rejected on the following grounds:



(a)…………………………………………………………………………
(b)…………………………………………………………………………
(c)………………………………………………………………………….
(d)…………………………………………………………………………



Dated this ………….. day of …………. 20 ....


……………………………………………….


Director-General of Immigration


ENDORSEMENT OF REGISTRATION

This rejection has this ………….. day of ……………….. 20….. been entered in the Register.


…………………………………………….


Director-General of Immigration

Form VII

[Regulation 8(4)]

REPUBLIC OF ZAMBIA
Immigration and Deportation Act, 2010
(Act No. 18 of 2010)

The Immigration and Deportation (General) Regulations, 2011

RESIDENCE PERMIT

(Section 20 of the Immigration and Deportation Act, No. 18 of 2010)

THIS PERMIT IS THE PROPERTY OF THE GOVERNMENT OF THE REPUBLIC OF ZAMBIA

IF FOUND, SURRENDER IT TO THE NEAREST IMMIGRATION OFFICE OR POLICE STATION

Permit No:………………………………..

Cover File Reference No:…………………………………..

Full names of holder:………………………………..

Place of birth:………………………………………..

Date of birth:…………………………………………

Nationality:………………………………………….
Occupation:……………………………………….....

Address in Zambia:………………………………….


PASSPORT DETAILS


Passport No: …………………………………………
Date of issue: ………………………………………..

Date of expiry: ………………………………………

Amendments

Date of amendmentDetails of amendmentsReasons of amendmentSignature of Director-General and official stamp

NOTES

1. The holder of a residence permit shall comply with the conditions specified in the permit and shall not engage, for fain, in any activity, business, trade, employment, profession, study or any other thing not specified in the residence permit.

2.    A residence permit authorises the holder, until that holder becomes a citizen by registration, to enter and re-enter into, and to remain within Zambia.

3. The holder of a residence permit has the rights, privileges, duties and obligations which a law or the Constitution explicitly ascribes to citizenship.

4. A residence permit shall cease to be valid if the holder-

      (a)   fails to enter Zambia within six months of the date of issue of the permit or such later date as the Director-General of Immigration may endorse on the residence permit;

      (b)   is absent from Zambia for a period in excess of six months without notifying the Director-General of Immigration, in writing, that that person proposes to return to Zambia; or

      (c)   is absent from Zambia for any period in excess of 12 months

5. A person issued with a residence permit shall notify the nearest immigration office of any change of address.

6. A holder of a residence permit who fails to notify an immigration office in writing or any change of address commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding 12 months, or to both.

7. The Director-General of Immigration shall by notice in writing, revoke the permit if the holder has contravened any provisions of the Act or any other law; obtained the permit by means of any representation, which was false in any material particular, or by means of concealment of any material information has failed to comply with any requirement or condition of the permit; has become or is likely to become a charge on the Republic in consequence of failure to support oneself and such of that person’s dependants as may be in Zambia; or is likely to be a danger to peace and good order in Zambia.

NB: This permit should be surrendered to an Immigration Officer on permanent exit.

......................................................

Director-General of Immigration

Official

Stamp

Form VIII

[Regulations 9 and 16]

REPUBLIC OF ZAMBIA

The Immigration and Deportation Act, 2010

(Act No. 18 of 2010)

The Immigration and Deportation (General) Regulations, 2011

NOTICE OF CHANGE OF DETAILS

To: THE DIRECTOR-GENERAL OF IMMIGRATION


(1) Here insert the reference No. of the application.



(2) Here insert the full names of the holder.



(3) Here insert physical and postal address of the applicant.


(4) Her specify the details which has changed (for example, “residential” or “marital”)
To: THE DIRECTOR-GENERAL OF IMMIGRATION



IN THE MATTER OF (1)………………………………………………………….

I (2)………………………………………………………………………………of


(3)……………………………………………………………………………hereby notify your office that on the………………..day of…………….20………….., my (4)…………………………………………………changed as follows:

Previous Details

Current Details













Dated this………………day of……………………………….20…………………




…………………………….


HolderFOR OFFICIAL USE ONLY



Received by:…………………………...………………………………… Name of immigration officer Signature



OFFICIAL STAMP



Date:…………………….20…………………



_________________________________________________________


ENDORSEMENT OF REGISTRATION



This notice has, this……………day of………………..20………….been entered in the Register.


………………………………Immigration Officer

Form IX

[Regulation 10(1)]

REPUBLIC OF ZAMBIA

Immigration and Deportation Act, 2010

(Act No. 18 of 2010)

The Immigration and Deportation (General) Regulations, 2011

APPLICATION TO CHANGE TEMPORARY RESIDENCE STATUS ( ) CONDITIONS OF TEMPORARY RESIDENCE PERMIT ( )

(Section 27(7) of the Immigration and Deportation Act, 2010)

Please complete in block letters

Shaded fields for official use only

Permit/Visa

Date and Time

Information Required

Information Provided

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.


Contents Include:

  • All Acts and Subsidiary Legislation made in terms of principal legislation
  • Alphabetical and Chronological Tables.

 

Key Benefit:

  • All Acts are presented in fully revised and annotated form.
  • Acts can be searched and printed in pdf and text formats.
  • The online database is amended in line with the publication of new and amending legislation.