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Immigration and Deportation (Amendment) Bill, Cap 123

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CHAPTER 123 THE IMMIGRATION AND DEPORTATION ACTCHAPTER 123

THE IMMIGRATION AND DEPORTATION ACT

 

 

ARRANGEMENT OF SECTIONS

 

 

PART I PRELIMINARYPART I

PRELIMINARY

 

 

Section

  1.          Short title

  2.          Interpretation

  3.          Application

 

 

PART II APPOINTMENTS AND POWERSPART II

APPOINTMENTS AND POWERS

 

 

  4.          Appointment of Chief Immigration Officer, etc.

  5.          Delegation of powers of Chief Immigration Officer

  6.          Powers of arrest of immigration assistants

  7.          Powers of search, etc.

  8.          Liability of carriers, etc., introducing prohibited immigrants

 

 

PART III EXAMINATION OF PERSONS ENTERING AND LEAVING ZAMBIA AND OTHERSPART III

EXAMINATION OF PERSONS ENTERING AND LEAVING ZAMBIA AND OTHERS

 

 

  9.          Entrants to appear before immigration officer

10.          Examination of entrants and others

11.          Certain visitors to reappear before immigration officer

12.          Security may be required from entrants

13.          Examination of persons leaving Zambia

 

 

PART IV ISSUE, VARIATION AND REVOCATION OF PERMITSPART IV

ISSUE, VARIATION AND REVOCATION OF PERMITS

 

 

14.          Entry permits

15.          Visiting permits

16.          Study permits

17.          Temporary permits

18.          Employment permits

19.          Prohibition on employment, study, etc., without permit

20.          Variation of conditions of permits

21.          Revocation of permits

 

 

PART V PROHIBITED IMMIGRANTS AND DEPORTATIONPART V

PROHIBITED IMMIGRANTS AND DEPORTATION

 

 

22.          Prohibited immigrants

23.          Prohibited immigrants required to leave Zambia

24.          Representations against requirement to leave Zambia

25.          Suspected prohibited immigrants

26.          Deportation

 

 

PART VI MISCELLANEOUSPART VI

MISCELLANEOUS

 

 

27.          Evidence

28.          Burden of proof

29.          Offences

30.          Penalty

31.          Regulations

32.          Rules

33.          Certificates for established residents

34.          Service of notice

35.          Reasons to be given for arrests or detention

36.          Detention

 

 

PART VII REPEALS AND SAVINGSPART VII

REPEALS AND SAVINGS

 

 

37.          Repeals

38.          Savings

 

 

FIRST SCHEDULE-Classes of persons who may be issued with entry permits

 

 

SECOND SCHEDULE-Classes of prohibited immigrants

 

 

 

CHAPTER 123

 

 

IMMIGRATION AND DEPORTATION

An Act to regulate the entry into and the remaining within Zambia of immigrants and visitors; to provide for the removal from Zambia of criminals and other specified persons; and to make provision for matters incidental to the foregoing.

[21st February, 1967]

 

29 of 1965
16 of 1967
20 of 1967
31 of 1972
Act No.
13 of 1994

25 of 1997

 

PART I PRELIMINARYPART I

PRELIMINARY

 

 

1.    This Act may be cited as the Immigration and Deportation (Amendment) Bill, 1997, and shall be read as one with the Immigration and Deportation Act, in this Act referred to as the principal Act..

 

Short title

Cap. 123

 

2.    In this Act, unless the context otherwise requires-

Interpretation

 

"Chief Immigration Officer" means the person appointed as Chief Immigration Officer in accordance with section four;

 

 

"citizen" means a citizen of Zambia;

 

 

"educational institution" means a prescribed institution or one of a prescribed class of institutions the primary function of which is to provide academic or other instruction;

 

 

"entry permit" means a permit issued under section fourteen;

 

 

"established resident" means, in relation to any date, a person who is not a citizen or a prohibited immigrant and who has been ordinarily and lawfully resident in Zambia or the former Protectorate of Northern Rhodesia or both for the period of four years immediately preceding that date:

 

 

Provided that no period during which a person-

 

 

(i)         has been confined in a prison consequent on a sentence of imprisonment imposed by a court, which sentence has not on appeal or review been quashed or varied to a fine;

 

 

(ii)        has been an inmate of a mental institution; or

 

 

(iii)       has remained in Zambia or the former Protectorate of Northern Rhodesia or both as a visitor or in terms of a statutory permit allowing such person for a limited period only so to remain;

 

 

shall be counted for the purpose of this definition;

 

 

"immigration assistant" means a person appointed as an immigrant assistant in accordance with section four;

 

 

"immigration officer" means any person appointed as an immigration officer in accordance with section four and includes the Chief Immigration Officer and, in relation to the exercise of any power or the performance of any duty, any person on whom such power or duty has been conferred or imposed under that section;

 

 

"minor child" includes any child adopted under the Adoption Act and any other person under the age of twenty-one years whom the Minister has in writing declared to be a minor child for the purposes of this Act, but does not include a married woman;

Cap. 54

 

"passport" means a passport or other travel document of identity-

 

 

(a)     (i)  issued by or on behalf of the Government of Zambia, the former Protectorate of Northern Rhodesia, the former Federation of Rhodesia and Nyasaland or any sovereign state recognised by the Government of Zambia or issued by the United Nations Organisation;

         (ii)which contains a personal description of the holder, the name of the country in which he was  born and the date of his birth;

         (iii)  to which is attached a photograph being a true likeness of the holder wherein his features are clearly and correctly depicted; and

         (iv)  which, except where a visa is dispensed with in pursuance of an arrangement to which the Government is a party, bears the visa or endorsement of a person authorised by the Government to that end; or

 

 

 

(b)        of a type prescribed;

 

 

"prohibited immigrant" means a person described in section twenty-two as a prohibited immigrant in relation to Zambia;

 

 

"study permit" means a permit issued under section sixteen;

 

 

"subordinate court" means a court constituted under the Subordinate Courts Act;

Cap. 28

 

"temporary permit" means a permit issued under section seventeen to a prohibited immigrant.

 

 

3.  (1)  Subject to subsection (2), Parts III, IV and V shall not apply to-

Application

 

(a)        any person duly accredited to Zambia by or under the authority of the government of any sovereign state;

 

 

(b)        any person who under any written law is entitled to any diplomatic immunities and privileges by reason of his association with an organisation of which the Republic or the Government and one or more other states or the government or governments thereof are members;

 

 

(c)        any member of the official staff or of the household of a person described in paragraph (a) or (b);

 

 

(d)        any citizen or established resident;

 

 

(e)        any wife or minor child of a person described in paragraph (a), (b), (c) or (d);

and such persons shall be entitled to enter and re-enter into and to remain within Zambia.

 

 

(2)  Notwithstanding the provisions of subsection (1), Parts III, IV and V shall apply to any person-

 

 

(a)        arriving in or departing from Zambia until he satisfies an immigration officer that he is a person to whom subsection (1) relates; or

 

 

(b)        who is an established resident for the purpose of the exercise by the Minister of his powers under section twenty-two or twenty-six.

 

 

PART II APPOINTMENTS AND POWERSPART II

APPOINTMENTS AND POWERS

 

 

4.  (1)  There shall be appointed as public officers a Chief Immigration Officer and such immigration officers and immigration assistants as shall be necessary for the proper administration of this Act.

Appointment of Chief Immigration Officer, etc.

 

(2)  The Minister may by order confer all or any of the powers and impose all or any of the duties of an immigration officer under this Act upon any public officer or class of public officers.

 

 

5.  (1)  The Chief Immigration Officer may, in writing and subject to such restrictions, reservations, exceptions and conditions as he may think fit, delegate to an immigration officer, immigration assistant all or any of the powers conferred upon him by or under this Act:

Delegation of powers of Chief Immigration Officer

 

Provided that no such delegation shall prevent the exercise by the Chief Immigration Officer of any delegated power.

 

 

(2)  The Chief Immigration Officer may at any time in writing revoke or vary his delegation under subsection (1) of all or any of the powers included within such delegation.

(As amended by Act No. 25 of 1997)

 

 

6.  An immigration officer may, without a warrant, arrest any person he reasonably suspects to be a prohibited immigrant or to be contravening any provision of this Act.

(As repealed and replaced by Act No. 25 of 1997)

Powers of arrest of immigration officer

 

 

 

7.    For the purpose of discharging his functions under this Act, an immigration officer may-

Powers of search, etc.

 

(a)        without warrant stop, enter and search any aircraft, train, vehicle or vessel in Zambia;

 

 

(b)        require the person in charge of any aircraft, train, vehicle or vessel arriving in Zambia to furnish a list of the names of all persons in the aircraft, train, vehicle or vessel, as the case may be, and such other prescribed information as it is within the power of such person to furnish; and

(c) with a warrant, issued by any court, enter any premises or dwelling house which he reasonably suuspects to have evidence in connection with contravention of any provision of this Act.

7A. (1) Any person visiting Zambia, whom an immigration officer suspects to have committed an offence under this Act, shall give his name and address to an immigration officer on request.

(2) An immigration officer may, without a warrant, arrest any person referred to in subjection (1) if that person refuses or fails to furnish the immigration officer with his name and address.

(As amended by Act No. 25 of 1997)

 

 

 

 

 

 

 

 

Powers of arrest

 

8.  (1)  The person in charge of any aircraft, train, vehicle or vessel bringing into Zambia any person found, on appearing before an immigration officer in accordance with section nine, to be a prohibited immigrant and the owners, agents and charterers of such aircraft, train, vehicle or vessel shall, upon being required by an immigration officer to remove such prohibited immigrant from Zambia, be responsible for such removal as soon as practicable thereafter and in default thereof shall be jointly and severally liable to pay to the Government all expenses incurred by the Government in connection with the removal of such prohibited immigrant from Zambia.

Liability of carriers, etc., introducing prohibited immigrants

 

(2)  The amount of such expenses shall be recoverable in an action brought in the name of the Chief Immigration Officer.

 

 

PART III EXAMINATION OF PERSONS ENTERING AND LEAVING ZAMBIA AND OTHERSPART III

EXAMINATION OF PERSONS ENTERING AND LEAVING ZAMBIA AND OTHERS

 

 

9.  (1)  Every person who arrives in Zambia by air-

Entrants to appear before immigration officer

 

(a)        at any prescribed airport and intends to leave the precincts of such airport shall forthwith appear before an immigration officer;

 

 

(b)        at any place other than a prescribed airport shall forthwith proceed to and appear before the nearest immigration officer.

 

 

(2)  Every person who enters Zambia by inland waters or overland shall forthwith proceed to and appear before the nearest immigration officer.

 

 

10.  (1)  An immigration officer may examine any person appearing before him in accordance with the provisions of section nine and any person whom he reasonably suspects to be a prohibited immigrant for the purpose of ascertaining in relation to such person-

Examination of entrants and others

 

(a)        his identity;

 

 

(b)        the objects of his entry into Zambia;

 

 

(c)        the nature of his claim to remain in Zambia; and

 

 

(d)        whether he is a prohibited immigrant.

 

 

(2)  For the purpose described in subsection (1), an immigration officer may require any person to whom that subsection relates-

 

 

(a)        to produce his passport;

 

 

(b)        to make such declaration as may be prescribed;

 

 

(c)        to produce documentary or other evidence relative to his claim to enter or remain in Zambia; and

 

 

(d)        in writing or otherwise to answer such questions as the immigration officer may put to him.

 

 

11.    An immigration officer may by notice in writing require any person-

(a)        not being the holder of a permit to remain in Zambia; or

(b)        being the holder of a visiting permit issued under section fifteen;

to appear before an immigration officer at such place and within such time as may be specified in the notice.

Certain visitors to reappear before immigration officer

 

12.  (1)  The Chief Immigration Officer may require in respect of any person entering Zambia, as a condition of his remaining therein, the deposit of a sum of money or the furnishing of such guarantee as the Chief Immigration Officer may accept in lieu of such deposit.

Security may be required from entrants

 

(2)  The Chief Immigration Officer shall specify-

 

 

(a)        the sum of money  to be deposited or guaranteed; and

 

 

(b)        the period not exceeding four years for which the deposit or guarantee is required.

 

 

(3)  Any sum deposited or guaranteed in accordance with this section may be applied by the Chief Immigration Officer to meet any expenditure incurred by the Government within the specified period in connection with the care, treatment or maintenance within or the removal from Zambia of the person concerned.

(As amended by Act No. 25 of 1997)

 

 

13.  (1)  Every person departing from Zambia, except in direct transit through Zambia by air having not left the precincts of a prescribed airport, shall appear before an immigration officer.

Examination of persons leaving Zambia

 

(2)  The immigration officer may require such person-

 

 

(a)        to produce his passport and any permit issued to him under this Act and to surrender any such permit which is no longer valid;

 

 

(b)        to make and sign such declaration as may be prescribed;

 

 

(c)        in writing or otherwise to answer such questions relating to his identity or departure as may be put to him by the immigration officer.

 

 

PART IV ISSUE, VARIATION AND REVOCATION OF PERMITSPART IV

ISSUE, VARIATION AND REVOCATION OF PERMITS

 

 

14.  (1)  On application being made in the prescribed manner, the Chief Immigration Officer may issue an entry permit to any person who he is satisfied-

Entry permits

(a)        is not a prohibited immigrant;

 

(b)        has an adequate knowledge of any language commonly used by the indigenous inhabitants of Zambia which may be prescribed, or of English;

 

(c)        intends to remain in Zambia for a period in excess of three months;

 

(d)        belongs to a class set out in the First Schedule; and

(e) is an investor holding an employment permit for a period exceeding three years or is an established resident or a child or dependent under the age of twenty-one years or a spouse of the investor or established resident.

 

 

(2)  The Chief Immigration Officer shall issue an entry permit to any person in respect of whom the Minister directs that such permit be issued.

 

 

(3)  The holder of an entry permit shall not for gain engage in any occupation other than an occupation specified in such permit.

 

 

(4)  Subject to the provisions of this Act and regulations made thereunder, an entry permit shall authorise the holder-

 

 

(a)        for gain to engage, by employment under an employer resident in Zambia or otherwise, in such occupation as may be specified therein; and

 

 

(b)        until he becomes a citizen by registration, to enter and re-enter into and to remain within Zambia.

 

 

(5)  An entry 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 Chief Immigration Officer may endorse thereon;

 

 

(b)        is absent from Zambia for a period in excess of six months without notifying the Chief Immigration Officer in writing that he proposes to return to Zambia; or

 

 

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

 

(6) A person issued with an entry permit under subsection (1), shall notify the nearest immigration office of any change of address.

(As amended by No. 16 of 1967 and Act No. 25 of 1997)

 

 

15.  (1)  On application being made in writing, an immigration officer may issue a visiting permit to any person-

Visiting permits

 

(a)        whose presence in Zambia is or is likely to become unlawful by virtue of his remaining therein for a period or periods totalling not less than three months in any period of twelve months;

 

 

(b)        who save as provided by paragraph (a) is not a prohibited immigrant; and

 

 

(c)        who is not the holder of any other permit to remain in Zambia.

 

 

(2)  A visiting permit shall specify the period of its validity, being a period not exceeding three months from the date of issue of such permit but capable of extension for further successive periods not exceeding three months each to a maximum period of twelve months from such date of issue.

 

 

(3)  Subject to the provisions of this Act and regulations made thereunder, a visiting permit shall authorise the holder to enter and re-enter into and to remain within Zambia until such permit expires.

 

 

16.  (1)  On application being made in the prescribed manner, the Chief Immigration Officer shall issue a study permit to any person who he is satisfied-

Study permits

 

(a)        is not a prohibited immigrant; and

 

 

(b)        has been accepted for instruction by an educational institution in Zambia.

 

 

(2)  A study permit shall specify the educational institution to which it relates and, subject to the provisions of this Act and regulations made thereunder, shall authorise the holder to study at that institution and to enter and re-enter into and to remain within Zambia while under instruction at that institution and for such period thereafter as would reasonably enable him to depart from Zambia.

 

 

17.  (1)  An immigration officer may issue a temporary permit to a prohibited immigrant.

Temporary permits

 

(2)  An immigration officer shall issue a temporary permit to any person in respect of whom the Minister directs that such permit be issued.

 

 

(3)  An immigration officer may as a condition precedent to the issue of a temporary permit require a prohibited immigrant to deposit such sum, not being greater than a prescribed amount, as he or, in the case of a person to whom subsection (2) relates, the Minister may think fit for the purpose of securing compliance with the conditions specified in the permit and, if any such condition is not complied with, a subordinate court may, on application by an immigration officer and subject to any rules made under this Act, declare such sums to be forfeited.

 

 

(4)  A temporary permit shall specify-

 

 

(a)        such prescribed conditions for observance by the holder as the immigration officer thinks fit; and

 

 

(b)        the period of its validity:

 

 

Provided that no period in excess of thirty days shall be specified without the approval of the Chief Immigration Officer or in any case in excess of two years.

 

 

(5)  Subject to the provisions of this Act and regulations made thereunder and to the conditions therein specified, a temporary permit shall authorise the holder to enter and re-enter into and to remain in Zambia until such permit expires.

 

 

18.  (1)  On application being made in the prescribed manner, the Chief Immigration Officer shall issue an employment permit to any person outside Zambia who he is satisfied-

Employment permits

 

(a) is not a prohibited immigrant;

 

(b) belongs to Class A of the First Schedule;

 

(c) is an investor under any law in Zambia;

 

(d) is employed by the Government of the Republic of Zambia or statutory body; or

 

(e) is a volunteer or missionary.

 

 

 

 

(2)  The Chief Immigration Officer shall, if so directed by the Minister, issue an employment permit to any person within Zambia who would be eligible under subsection (1) for such a permit if he were outside Zambia.

 

 

(3)  An employment permit shall specify-

 

 

(a)        such conditions for observance by the holder, if any, as to the area within which the holder may engage in employment and the nature of the employment in which he may engage as the Chief Immigration Officer thinks fit; and

 

 

(b)        the period of its validity.

 

 

(4)  The period of validity of an employment permit in any case shall be such period from the date of its issue as the Chief Immigration Officer, having regard to all the circumstances of the case, thinks fit, and shall be capable of extension for a further period or periods to a maximum of five years from the date of its issue.

 

 

(5)  Subject to the provisions of this Act and regulations made thereunder and to any conditions specified in an employment permit, such permit shall authorise the holder-

 

 

(a)        to engage in paid employment under an employer resident in Zambia; and

 

 

(b)        to enter and re-enter into and to remain within Zambia until such permit expires.

 

(6) An employer shall, on the termination of an employment contract or the resignation or dismissal of an employee who was issued with an employment permit under subsection (1), surrender the employment permit to the Chief Immigration Officer within one month of the termination, resignation or dismissal.

(7) Any employer who contravenes the provisions of subsection (6), shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding one year or to both.

(As ameded by Act No. 16 of 1967 and Act No. 25 of 1997))

 

 

19.  (1)  Save under permit issued in accordance with the provisions of this Act authorising such employment, no person shall engage in paid employment under an employer resident in Zambia.

Prohibition on employment, study, etc., without permit

 

(2)  Save in accordance with an entry permit, no person shall for gain engage in any prescribed trade, business or other occupation.

 

 

(3)  A person shall not commence any course of study at an educational institution unless he is the holder of a valid entry permit or study permit.

 

 

20.    On application being made in the prescribed manner by the holder of a permit issued under this Act, and subject to the provisions of this Act and regulations made thereunder relating to such permit, the Chief Immigration Officer may vary the conditions and the period of validity, if any, specified in such permit.

Variation of conditions of permits

 

21.  (1)  The Chief Immigration Officer may by notice in writing revoke any permit issued under this Act if he is satisfied that the holder-

Revocation of permits

 

(a)        has contravened any provision of this Act or regulations made thereunder or has failed to comply with any requirement made under this Act or such regulations;

 

 

(b)        obtained such permit by means of any representation which was false in any material particular or by means of the concealment of any material information;

 

 

(c)        has failed to observe any condition specified in such permit;

 

 

(d)        has become or is likely to become a charge on the Republic in consequence of his failure to support himself and such of his dependants as may be in Zambia; or

(e) of an employment permit has had the permit surrendered by the employer under subsection (6) of section eighteen; and

 

 

(2)  A notice to revoke a permit referred to in subsection (1), shall be served in person on the holder of the permit and it shall specify-

 

(a) the permit to be revoked;

(b) the grounds on which the permit is being revoked.

 

 

 

 

 

(3)  Every permit, other than a temporary permit, issued under this Act to a prohibited immigrant shall be of no force and effect and shall be deemed never to have been so issued.

 

 

(4)  Every permit, other than a temporary permit, issued under this Act to a person who thereafter becomes a prohibited immigrant shall cease to be of force and effect at such time as the holder became a prohibited immigrant.

(As amended by Act No. 25 of 1997)

 

 

PART V PROHIBITED IMMIGRANTS AND DEPORTATIONPART V

PROHIBITED IMMIGRANTS AND DEPORTATION

 

 

22.  (1)  Any person who belongs to a class set out in the Second Schedule shall be a prohibited immigrant in relation to Zambia.

Prohibited immigrants

 

(2)  Any person whose presence in Zambia is declared in writing by the Minister to be inimical to the public interest shall be a prohibited immigrant in relation to Zambia.

 

 

(3)  Save as provided in section seventeen, the presence within Zambia of any prohibited immigrant shall be unlawful.

 

 

(4)  An immigration officer may take or cause to be taken in his presence for the purposes of record and identification the measurements, photograph, finger and palm prints of any prohibited immigrant:

 

 

Provided that all records of such measurements, photograph, finger and palm prints shall be destroyed or handed over to a person who an immigration officer is satisfied has ceased to be a prohibited immigrant and who makes application in that behalf.

 

 

(5)  Notwithstanding the provisions of subsection (1), the Minister may in the prescribed manner exempt any person from all or any of the classes set out in the Second Schedule and, unless and until such exemption is in like manner revoked, such person shall be deemed not to belong to such class or classes.

 

 

23.  (1)  Any immigration officer may or, if so directed by the Minister in the case of a person to whom subsection (2) of section twenty-two relates, shall by notice served in person on any prohibited immigrant require him to leave Zambia.

Prohibited immigrants required to leave Zambia

 

(2)  Any notice served in accordance with the provisions of subsection (1) shall specify in relation to the person on whom it is served-

 

 

(a)        the class set out in the Second Schedule to which it is considered he belongs or that he is a person to whom subsection (2) of section twenty-two relates;

 

 

(b)        the period within which he is required to leave Zambia; and

 

 

(c)        the route by which he shall travel in leaving Zambia.

 

 

(3)  The period within which a person shall be required to leave Zambia shall, except in the case of a person who within seven days of his appearing before an immigration officer in accordance with section nine has been served with a notice under this section, be not less than forty-eight hours and shall commence-

 

 

(a)        in the case where such person does not make representations under this Act, from the time he is served with such notice requiring him to leave Zambia; or

 

 

(b)        in the case where such person makes representations in accordance with this Act, from the time he is advised that his representations have been unsuccessful.

(As amended by No. 16 of 1967)

 

 

24.  (1)  Any person required by notice under section twenty-three to leave Zambia who on receipt of such notice has lawfully remained in Zambia longer than seven days may, within forty-eight hours of receiving such notice, deliver to any immigration officer, police officer or prison officer written representations to the Minister against such requirement and such representations shall be placed before the Minister without delay.

Representations against requirement to leave Zambia

 

(2)  If, after considering such representations, the Minister does not think fit to exercise his powers in relation to the issue of permits or the exemption of persons from the classes set out in the Second Schedule, the person who made such representations shall be notified that his representations have been unsuccessful.

 

 

25.  (1)  Any person in respect of whom there are reasonable grounds for suspecting that he is a prohibited immigrant may be detained by an immigration officer for such reasonable period, not exceeding fourteen days, as may be required for the purpose of making inquiries relating to such person.

Suspected prohibited immigrants

 

(2)  Any person whom an immigration officer reasonably suspects by virtue of any physical or mental condition to be a prohibited immigrant may be required by an immigration officer to submit to examination by a prescribed medical practitioner and for the purpose of such examination to answer such questions and undergo such tests as the medical practitioner may think fit.

 

 

(3)  Any person whom an immigration officer reasonably suspects to be a prohibited immigrant belonging to Class C of the Second Schedule may be required by the immigration officer to submit to the taking of his measurements, photograph and his finger and palm prints:

 

 

Provided that all records of such measurements, photograph, finger and palm prints shall be destroyed or handed over to such person if he is found not to be a prohibited immigrant and makes application in that behalf.

 

 

26.  (1)  After receiving the particulars under section thirty-three of the Penal Code, in respect of a person who is not a citizen, the Minister (unless the term of imprisonment is set aside on appeal) shall, at the expiration of the sentence, pursuant to a warrant under his hand deport such person from Zambia.

Deportation
Cap. 87

 

(2)  Any person who in the opinion of the Minister is by his presence or his conduct likely to be a danger to peace and good order in Zambia may be deported from Zambia pursuant to a warrant under the hand of the Minister.

 

 

(3)  Any prohibited immigrant who-

 

 

(a)        having been required under section twenty-three to leave Zambia, fails to do so within the prescribed period; or

 

 

(b)        fails to comply with any condition specified in a temporary permit issued to him;

may without warrant be arrested, detained and deported from Zambia by an immigration officer or police officer.

 

 

(4)  An immigration officer may without warrant arrest, detain and deport from Zambia any person whom, within seven days of such person appearing before an immigration officer in accordance with section nine, he reasonably believes to be a prohibited immigrant-

 

 

(a)        who is not the holder of a valid temporary permit;

 

 

(b)        who has not been served with a notice under section twenty-three requiring him to leave Zambia; and

 

 

(c)        with respect to whom the procedure provided in section twenty-three is inadequate to ensure the departure from Zambia of such person.

 

 

(5)  Any warrant issued under this section shall be sufficient authority for-

 

 

(a)        the detention of the person named therein pending completion of the arrangements for his deportation from Zambia at the first reasonable opportunity; and

 

 

(b)        the removal from Zambia in custody or otherwise of such person.

 

 

(6)  For the purpose of establishing in relation to a person liable to be deported under this section his identity, his citizenship and the country of his origin, an immigration officer may require such person-

 

 

(a)        in writing or otherwise to answer such questions as the immigration officer may put to him; and

 

 

(b)        to produce any passport and any other pertinent document in his possession.

(As amended by No. 16 of 1967 and No. 31 of 1972)

 

 

PART VI MISCELLANEOUSPART VI

MISCELLANEOUS

 

 

27.    Any document purporting to be-

(a)        a warrant, notice, permit, certificate or other document properly issued under this Act; or

(b)        a certified true copy of any record kept by the Chief Immigration Officer;

shall, in any prosecution or other proceeding under or arising out of this Act, be prima facie evidence of the facts contained therein and shall be receivable in evidence without proof of the signature or the official character of the person appearing to have signed or certified the same:

Evidence

 

Provided that the court before which the proceeding is brought may direct that oral evidence be brought relating to such facts, signature or official character.

 

 

28.    In any proceedings under or for any of the purposes of this Act, the burden of proving with respect to any person-

(a)        his status as a person to whom the provisions of section three relate; or

(b)        that he is the holder of any permit issued under this Act or has been exempted under this Act from any provision thereof;

shall be upon such person.

Burden of proof

 

29.  (1)  Any person having been required by notice under section twenty-three to leave Zambia within a specified period who wilfully remains in Zambia after the expiry of such period shall be guilty of an offence.

Offences

 

(2)  Any person entering into or departing from Zambia who is required by section nine or thirteen to appear before an immigration officer and who fails to comply with the provisions of either of these sections shall be guilty of an offence.

 

 

(3)  Save under temporary permit, any person who belongs to Class C of the Second Schedule and who returns to Zambia shall be guilty of an offence.

 

 

(4)  Any person who fails to comply with any lawful requirement made in accordance with the provisions of section seven shall be guilty of an offence.

 

 

(5)  Any person who assaults, resists or wilfully obstructs any immigration officer in the due execution of his duty or any person acting in aid of such officer shall be guilty of an offence.

 

 

(6)  Any person who employs another knowing that that other is a person prohibited under subsection (1) of section nineteen from engaging in his employ shall be guilty of an offence.

 

 

(7)  Any person who wilfully and with intent to conceal his identity, citizenship or country of origin-

 

 

(a)        fails to comply with a lawful requirement made under subsection (6) of section twenty-six; or

 

 

(b)        when required under subsection (6) of section twenty-six to answer questions put to him, makes any representations by words, writing or conduct of a matter of fact, which representation is false in fact;

shall be guilty of an offence.

 

(8) Any person who left Zambia as a prohibited immigrant under section twenty-two or who was deported under section twemty-six and who unlawfully returns to Zambia shall be guilty of an offence.

(9) Any person who assists any other person whose entry into or presence in Zambia, is in contravention of this Act, shall be guilty of an offence if he-

(a) harbours that person;

(b) makes a false statement;

(c) forges or unlawfully alters any permit, travel document or certificate;

(d) uses any permit, or certificate knowing it to be forged; or

(e) utters or uses any permit, or travel docuement or certificate which he is not entitled to use.

 

(10) An immigration officer who knowingly facilitates the entry into, or the remaining in Zambia, of any person in contravention of this Act, shall be guilty of an offence.

(As amended by No. 16 of 1967 and Act No. 25 of 1997))

 

 

 

 

30. (1) Any person who contravenes the provisions of this Act shall be guilty of an offence and shall, unless otherwise specifically provided, be liable, on conviction, to a fine not exceeding six thousand penalty units or to imprisonment for a term not exceeding three years or to both.

(2) Where any persons is summoned under this Act to appear before a subordinate court or is arrested or informed by an immigration officer or a police officer that proceedings will be instituted against him, that person may, before appearing in court to answer the charge against him, sign and deliver to the prescribed officer an admission of guilt form set out in Form 21 of the First Schedule set out in the Appendix to this Act.

(3) Where any person admits, in accordance with subsection (2), that he is guilty of the offence charged, the procedure set out in section one hundred and twenty-one of the Criminal Procedure Code shall, with the necessary modifications, apply.

(4) Any person who is found in possession of more than one passport or travel document of identity without authority or who does not have dual nationality, shall be guilty of an offence and shall be liable, upon conviction, to a fine  not exceeding five thousand penalty units or to imprisonment for a term not exceeding three years or to both.

(5) Any person who contravenes subsection (1) of section twenty-nine shall be guilty of an offence and liable upon conviction to a fine of sixty penalty units for each day overstayed or to imprisonment for a term equal to the number of days overstayed.

(6) Any person who contravenes subsection (8) of section twenty-nine shall be liable upon conviction, to a term of imprisonment not exceeding five years.

(7) An immigration officer who contravenes subsection (9) of section twenty-nine shall be liable upon conviction to a term of imprisonment not exceeding three years.

(As amended by No. 13 of 1994 and As repealed and replaced by Act No. 25 of 1997)

30A. (1) Where any person is convicted under the provisions of this Act of-

(a) entering or attempting to enter, depart or attempt to depart from Zambia; or

(b) assisting any person to enter or depart from Zambi; or

(c) conveying or attempting to convey any person into or out of Zambia;

in contravention of the provisions of this Act, the court may order that any vehicle, aircraft, boat or any other mode of transport used for the purpose of or in connection with the commission of the offence shall be forfeited to the State:

Provided that, if it is proved that such vehicle, aircraft or boat is not the property of the person convicted and that its owner was-

(a) unaware that the vehicle, aircraft or boat, as the case may be, was being used for that purpose; or

(b) unable to prevent its use for the purpose of or in connection wtih the commission of the offence;

the court shall not make the order to forfeit such vehicle, aircraft , boat or any other mode of transport.

(2) Where an Immigration Officer has reasonable grounds to believe that any vehicle, aircraft or boat which is liable to forfeiture under the provisions of subsection (1) is likely to be removed from Zambia unless it is detained, he may, subject to the provisions of subsection (1), seize and detain any such vehicle, aircraft, boat or any other mode of transport so that the court may make a decision in accordance with the provisions of subsection (1).

(As amended by Act No. 25 of 1997)

 

Penalties

 

 

 

 

 

 

Cap. 88

 

 

 

 

 

 

 

 

 

 

 

 

 

Forfeiture of vehicles, aircraft or boats

 

 

 

 

 

31.    The Minister may, by statutory instrument, make regulations for the better carrying out of the provisions of this Act and, without prejudice to the generality of the foregoing, such regulations may make provision for-

(a)        anything which is to be or which may be prescribed under this Act;

(b)        the form of warrants, permits, notices, certificates or other documents to be used for the purposes of this Act;

(c)        the fees to be paid for any permit or certificate issued under this Act;

(d)        the issue of passes to any person departing from Zambia for the purposes of facilitating his re-entry into Zambia, and the fees to be paid for such passes; and

(e)        the places at which immigration controls shall be situated and the hours during which such controls shall operate.

Regulations

 

32.    The Chief Justice may, by statutory instrument, make rules providing, with respect to applications for forfeiture made under section seventeen, for-

(a)        the procedure and practice of subordinate courts, the forms to be used therein, the fees payable and the costs and charges to be allowed to legal practitioners practising therein;

(b)        the proper and effectual exercise of jurisdiction by subordinate courts; and

(c)        the procedure and practice relating to appeals from subordinate courts.

Rules

33. As repealed by Act No. 25 of 1997

 

34.    Any written notice required under this Act to be served in person on any person may, if such person cannot be found, be published in the Gazette and shall be deemed to have been duly and properly served on the commencement of the day following the day of such publication.

Service of notice

 

35.  (1)  Every person arrested or detained under the provisions of this Act shall be informed as soon as reasonably practicable in a language that he understands of the reason for his arrest or detention.

Reasons to be given for arrests or detention

 

(2)  Notwithstanding the provisions of subsection (1), no person shall be entitled to be informed as to the grounds on which the Minister has made any decision under section twenty-two or twenty-six relating to him.

 

 

36.  (1)  An immigration officer who detains any person under the provisions of section twenty-five or twenty-six may by warrant under his hand cause such person to be detained in a place described in subsection (2).

Detention

 

(2)  The public officer in charge of any place specially provided for the detention of persons for the purposes of this Act, any prison or any other place where facilities exist for the detention of persons, shall receive into his custody any person with respect to whom a warrant has been issued under section twenty-six or subsection (1) of this section.

 

 

(3)  Any person detained under this Act and not serving a sentence of imprisonment shall be treated as a person awaiting trial.

 

 

PART VII REPEALS AND SAVINGSPART VII

REPEALS AND SAVINGS

 

 

37.  (1)  The Immigration Act, 1954 and the Deportation Act, 1954 and the regulations made under those Acts are hereby repealed.

Repeals

 

(2)  Notwithstanding the provisions of section fourteen of the Interpretation and General Provisions Act, any right or privilege acquired or accrued under section thirteen of the Immigration Act, 1954, or under section six of the Deportation Act, 1954, shall be deemed to have lapsed and ceased to have effect immediately upon the commencement of this Act.

(As amended by No. 20 of 1967)

Cap. 2

 

38.  (1)  Every permit, warrant, direction, certificate, notice or other document and every order of deportation and every security which was valid immediately prior to the commencement of this Act and-

Savings

 

(a)        that was issued, made, granted or given under the laws repealed by this Act; or

 

 

(b)        the effect of which was preserved under the laws repealed by this Act;

shall be given effect as if issued, made, granted or given under this Act.

 

 

(2)  Any person who before the commencement of this Act was deported or removed from, required to leave or prohibited from entering into or remaining within the former Protectorate of Northern Rhodesia, or the former Federation of Rhodesia and Nyasaland, under any law of the said Protectorate or Federation in force at the time shall be deemed to have been deported or removed from, required to leave, or prohibited from entering into or remaining within, as the case may be, Zambia.

 

 

(3)  Any person who-

 

 

(a)        on or before the 31st December, 1963, entered the former Protectorate of Northern Rhodesia from the Colony of Southern Rhodesia or the former Protectorate of Nyasaland;

 

 

(b)        at the time of that entry was lawfully resident without a permit in the former Federation of Rhodesia and Nyasaland; and

 

 

(c)        was on the 1st January, 1964, ordinarily resident in Zambia;

shall be deemed to have been lawfully resident in Zambia on the 1st January, 1964, and not thereafter to have become a prohibited immigrant of Class E of the Second Schedule.

(As amended by No. 16 of 1967)

 

 


 

FIRST SCHEDULE

 

 

(Sections 14 and 18)

 

 

CLASSES OF PERSONS WHO MAY BE ISSUED WITH ENTRY PERMITS

 

 

Class A

    Any person who intends for gain to engage in any trade, business, profession, employment or other occupation-

 (i)        for which he is fitted by virtue of his academic or professional qualifications, standard of education, skill and financial resources;

(ii)        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 meet the requirements of the inhabitants of Zambia; and

(iii)       which is likely to be of benefit to the inhabitants generally of Zambia.

Class B

    Any person-

 (i)        who has in his own right and at his full and free disposition for use in Zambia such financial resources as shall be sufficient to maintain him; and

(ii)        whose presence in Zambia is likely to be of benefit to the inhabitants generally of Zambia.

Class C

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

 (i)        is the holder of a valid entry permit;

(ii)        is capable of maintaining such dependant; and

(iii)       undertakes such maintenance.

Class D

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

 (i)        is a citizen or established resident;

(ii)        is capable of maintaining such dependant; and

(iii)       undertakes such maintenance.

 

APPENDIX

(Sections 11 and 14)

FIRST SCHEDULE

(Section 30)

 

 

Form 21

 

 

       

 

ADMISSION OF GUILT FORM

 

THE PEOPLE VERSUS...................................................................................................................................

 

WITH REFERENCE to the charge of...........................................................................................................

 

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

 

in answer to which I have been required to appear before the Subordinate Court

 

(Class):..........................................................on the.............................................................................19...........

 

I hereby admit that I am guilty of the offence charged and request that sentence may be passed in my absence.

 

I deposit herewith-

 

      (a) the sum of ...............................................................................................................................Kwacha

              being the maximum amount of the fine which may be imposed on me by the Court.

 

I have received a notice and statement of facts relating to the charge referred to above (which has been interpreted and explained to me).

 

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

 

or thumb print.................................................................

 

(As amended by Act No. 25 of 1997)

SECOND SCHEDULE

 

 

(Section 22)

 

 

CLASSES OF PROHIBITED IMMIGRANTS

 

 

Class A

 

 

    Any person who is infected or inflicted with or is a carrier of a prescribed disease and who is capable or likely to become capable of infecting any other person with such disease or of transmitting to him such disease.

Persons capable of transmitting a prescribed disease

 

Class B

 

 

    Any prostitute or person who in Zambia has knowingly lived wholly or in part on the earnings of prostitution or has procured any other person for immoral purposes.

Prostitutes, etc.

 

Class C

 

 

    Any person who under any law in force at the time has been deported or removed from, required to leave, or prohibited from entering into or remaining within Zambia;

Persons previously deported or barred from the country

 

    Provided that a person with respect to whom an immigration officer is satisfied that the ground on which he was so dealt with no longer applies to him shall not belong to this Class.

 

 

Class D

 

 

    Any person in Zambia with respect to whom a permit to remain in Zambia has been revoked or has expired.

Persons whose permits to remain in Zambia become invalid

 

Class E

 

 

    Any person, not being the holder of a valid permit to remain in Zambia, who-

  (i)       is likely to become a charge on the Republic in consequence of his inability to support himself and any of his dependants in Zambia and to provide for the removal of himself and such dependants from Zambia;

 (ii)       has contravened any provision of this Act or regulations made thereunder or has failed to comply with any lawful requirement made under this Act or such regulations;

(iii)       remains in Zambia for a period or periods totalling not less than three months in any period of twelve months; or

(iv)       has made any false representation to or concealed any information from an immigration officer which is relevant to his entry into or presence within Zambia.

Class F

Visitors who are likely to be a charge on the Republic or who contravene this Act, etc.

 

    Any person appearing before an immigration officer on entering Zambia who is of the apparent age of sixteen years or more and who, on demand by the immigration officer, fails to establish that he is the holder of a valid passport.

Persons entering without proper travel documents

 

Class G

 

 

    Any person entering Zambia who is required under section 11 to appear before an immigration officer and who fails to comply with the provisions of that section.

Persons who fail to report to an immigration officer on entering Zambia

 

Class H

 

 

Any person who-

 

 

(a)        before entering Zambia has been sentenced elsewhere than in Zambia to a term of imprisonment following on his conviction of an offence; and

(b)        in the opinion of the Chief Immigration Officer is not of good character.

 

Persons with previous convictions

 


 

SUBSIDIARY LEGISLATION

 

 

IMMIGRATION AND DEPORTATION

CAP. 123

 

SECTION 31-THE IMMIGRATION AND DEPORTATION REGULATIONS

Regulations by the Minister

Statutory Instruments
343 of 1965
79 of 1967
280 of 1967
410 of 1967
257 of 1968
35 of 1973
14 of 1974
121 of 1974
193 of 1975
200 of 1975
87 of 1977
88 of 1977
55 of 1978
112 of 1978
3 of 1983
200 of 1987
82 of 1992
62 of 1994
33 of 1995
Act No.
13 of 1994

 

1.    These Regulations may be cited as the Immigration and Deportation Regulations,

Title and commencement

 

2.    The forms set out in the First Schedule are prescribed for the purposes of the provisions of the Act respectively mentioned in each such form.

Prescribed forms

 

3.  (1)  Subject to sub-regulation (2), the fees specified in the second column of the Second Schedule shall be paid in respect of the matters specified in the first column of the said Schedule.

Prescribed fees

 

(2)  The Minister may, in respect of any person or class of persons, waive or reduce any fee payable under this regulation.

 

 

4.    The following airports are prescribed for the purposes of sections nine and thirteen of the Act:

Prescribed airports

 

Livingstone Airport              Mbala Airport

 

 

Ndola Airport                       Nkana Airport

 

 

Chipata Airport                    Chingola Airport

 

 

Lusaka Airport                     Mfuwe Airport

(As amended by No. 410 of 1967)

 

 

5.    A deposit required under section seventeen (3) of the Act shall not exceed an amount of one thousand kwacha.

Deposit on issue of a temporary permit

 

6.    The following conditions are prescribed for the purposes of section seventeen (4) of the Act, being conditions for inclusion in a temporary permit:

(a)        The holder shall report to a specified person or authority at a specified place within a specified period or periods and shall keep that person or authority advised of his postal and residential address and any change in either of such addresses.

(b)        The holder if in transit through Zambia shall travel by a specified route and mode of conveyance.

(c)        The holder shall, except for the purpose of initially proceeding to or finally departing from Zambia or with the permission of an immigration officer, remain within a specified area of Zambia.

(d)        The holder shall not engage in any specified activity.

(e)        The holder shall leave Zambia before the expiration of the period of validity of the permit.

Conditions in temporary permits

 

7.    All Government Medical Officers and such other medical practitioners as are thereunto authorised in writing by the Chief Immigration Officer are prescribed for the purposes of section twenty-five (2) of the Act.

Medical practitioners

 

8.    Every application for-

(a)        an entry permit under section fourteen of the Act;

(b)        a study permit under section sixteen of the Act;

(c)        an employment permit under section eighteen of the Act;

(d)        the variation of any condition or the period of validity of any permit under section twenty of the Act; or

(e)        a certificate of status as an established resident under section thirty-three of the Act;

shall be made by submission to the Chief Immigration Officer of-

Manner of making applications

 

 (i)        the appropriate form set out in the First Schedule completed by the applicant in the manner indicated on that form; and

 

 

(ii)        the appropriate fee (if any) set out in the Second Schedule.

 

 

9.    Active pulmonary tuberculosis and smallpox are prescribed for the purposes of Class A of the Second Schedule to the Act.

(As amended by No. 410 of 1967)

Diseases

 

10.    In issuing an employment permit to any person, the Chief Immigration Officer may endorse upon the permit the names of any wife and minor children of that person and the persons so named shall thereupon be entitled to enter and re-enter into and to remain within Zambia until such permit expires.

(No. 79 of 1967)

Scope of employment permits

 

11.    Immigration controls shall be situated at the places named in the first column and shall operate during the hours set out in the second column respectively of the Third Schedule.

(No. 410 of 1967)

Immigration controls

 

FIRST SCHEDULE

 

 

(Regulation 2)

 

 

PRESCRIBED FORMS

 

 

LIST OF FORMS

  1.  Immigration-Declaration

  2.  Notice to Appear before an Immigration Officer

  3.  Application for Entry Permit

  4.  Entry Permit

  5.  Application for Visiting Permit

  6.  Visiting Permit

  7.  Application for Study Permit

  8.  Study Permit

  9.  Temporary Permit

10.  Application for Employment Permit

11.  Employment Permit

12.  Application for Variation of Conditions or Period of Validity of Permit

13.  Notice of Revocation of Permit

14.  Exemption

15.  Notice to Prohibited Immigrant to Leave Zambia

16.  Warrant of Deportation

17.  Application for Certificate of Status as an Established Resident

18.  Certificate of Status as an Established Resident

19.  Warrant of Detention of Suspected Prohibited Immigrant

20.  Warrant of Detention of Prohibited Immigrant

 

 

 


 

FORM 1

SCHEDULE

 

 

REPUBLIC (CREST) OF ZAMBIA

 

 

IMMIGRATION-DECLARATION

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 10 (2))

    To be completed by all persons entering Zambia (please print). Citizens of Zambia, Returning Residents, or Returning Valid Employment Permit Holders need not complete this Form unless an Immigration Officer directs otherwise.

Mr/Mrs/Miss                                       .....................................................................

                      Surname                                Other Names

Nationality           Passport No..................................................

Date of Expiry.............................................

Date of Birth           Place of Birth.................................................

Number in Group (families only).........................................

Country of last Permanent Residence    

Intended Address in Zambia    

Purpose of Visit (tick one):

 

 

 

 

Holiday

 

Visit friends or relatives

 

Business

 

 

 

 

 

 

 

 

 

In transit

 

Employment

 

Other (Specify)

 

Expected length of stay in Zambia (If less than 24 hours, enter 0 days):

 

 

 

 

Years

 

Months

 

Days

 

 

 

 

 

 

 

 

Date          Signature of Declarant.................................................

(As amended by S.I. No. 15 of 1976)

 

 

 


 

FORM 2

 

 

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 11)

 

 

NOTICE TO APPEAR BEFORE AN IMMIGRATION OFFICER

 

 

To       

    TAKE NOTICE that you are required to report to the immigration officer at .........................

within ............................................ days of the date hereof.

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

  Immigration Officer

 

 

 

DATE STAMP

 

 

 

                                                                             Acknowledged:

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

WARNING: Failure to comply with the terms of this notice renders you a prohibited immigrant.

 

     

 


 

FORM 3

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 14)

 

 

APPLICATION FOR ENTRY PERMIT

 

 

NOTES AND INSTRUCTIONS

Please read carefully as incomplete applications cannot be considered.

All questions must be answered in full.

A.This application form is to be completed in duplicate and must be attested by a Magistrate or Commissioner for Oaths before despatch, or in a foreign country, by a Zambian Consul or if there is no Zambian Consul, by a British Consul.

         Applications must be forwarded to the Chief Immigration Officer, P.O. Box 391, Livingstone, Republic of Zambia.

B.One form may be used for a husband, wife and dependent children under the age of 21 years.

         Separate applications are required from persons over the age of 21 years who are dependent and wish to accompany their parents to Zambia and must be forwarded together with the parents' application.

         Separate applications are required from persons aged under 21 years who are financially independent of their parents.

C.        The undermentioned documents should be attached to this application:

(a)        Two full-face photographs of the applicant and of his wife (if married) of passport size and quality, taken at the time of the application. One copy of each must be certified on the back as a true likeness by the officer who attests this form.

(b)        One certified copy of Birth Certificate of the applicant, and of his wife's Birth Certificate, if married.

(c)        One certified copy of Marriage Certificate, if married.

(d)        Documentary evidence of divorce or legal separation, if applicable.

(e)        Documentary proof of professional or other qualifications, training and experience.

(f)         At least two testimonials as to character from persons of standing who have known the applicant for some years. The testimonials should clearly indicate identity and standing of the persons giving them.

(g)        If the applicant has been offered employment in the Republic of Zambia, documentary evidence of this must be submitted showing employer, occupation, salary and conditions of employment.

(h)        If the applicant intends to establish his own business or practise a profession on his own account, full details should be submitted on a separate sheet.

(i)         If the applicant is financially dependent on a relation in Zambia, documentary evidence that the relation undertakes to support the applicant and is capable of so doing.

(j)         A certified copy of any certificate of citizenship held by the applicant.

(k)        Any additional information affecting the application may be given on separate sheets.

    NOTE.-Copies of documents certified by the officer who attests this application and not originals should be submitted. These copies will not be returned. Any documents not in the English language must be accompanied by a certified translation.

D.A successful applicant must produce to an immigration officer on arrival in Zambia or, if already in Zambia, as soon as he is advised that this application has been successful, a certificate signed by a radiologist within the preceding six months showing the applicant to be free from active pulmonary tuberculosis. Similar certificates are required for the applicant's wife and children over the age of 3 years.

E.The successful applicant will, until he becomes an established resident, be confined to the occupation shown in his permit.

F.  An entry permit may not properly be issued to a prohibited immigrant and if so issued will be of no effect.

G.No person other than a visitor or a person in direct transit shall be admitted to the Republic of Zambia unless he is in possession of a permit issued in terms of the Immigration and Deportation Act. Therefore an applicant not already in Zambia is strongly advised not to make any preparations for leaving for Zambia until he has been notified of acceptance by the Chief Immigration Officer.

H.One copy of this form will be returned to each successful applicant not already in Zambia together with his entry permit, and this copy must be surrendered to the immigration officer on entry. The permit will not be surrendered.

I.  All the questions set out below must be answered-N/A may be inserted if the question does not apply to the applicant.

J.  The answer to question 7 is required for statistical purposes only.

To the Chief Immigration Officer:

    Having read the foregoing notes and instructions, I wish to apply for an entry permit and the answers to the questions set out below are given in support of that application.

  1.       Surname of applicant (BLOCK CAPITALS)           

     First names (BLOCK CAPITALS)          

  2.       (a)        Present address in full

                       

     (b)   Address to which permit should be sent if application successful    

                       

  3.  Date of birth              4.  Sex...............................................

  5.       Place and country of birth     

  6.       Nationality (see note C (j)):

     Self..........................................................Wife      

  7.       Race (e.g. European, Asiatic, African, Eurasian, Eurafrican, etc.).

     Self..........................................................Wife      

  8.       Countries of residence during past five years giving inclusive dates of residence in each:   

            ........

  9.       (a)        Do you or your dependants suffer from any physical or mental disability or any disease?   

     (b)   If so, give full particulars       

                       

     (c)   Have you ever been rejected for military service or insurance on medical grounds? If so, give particulars     

10.       Highest educational standard completed      

11.       Present occupation     

12.       Average income earned during the past three years K.............. per annum.

13.       Occupation to be followed in Zambia           

14.       Experience in that occupation..........  

     ...........       

15.       If coming to assured employment, employer's name and address     

            ........   

            ........   

     and salary or wages offered K.............. (see note C (g)).

16.       Do you intend establishing your own business?        

     If the answer is yes, see note C (h).

17.       If you are financially dependent on a relation in Zambia, give full name and address of that relation           

     ................. 

     and see note C (i).

18.       Married, single, widowed, separate or divorced (see note C)           

19.       Full name of wife (BLOCK CAPITALS)     

20.       Date of birth of wife  

     Country of birth    

21.       (a)     Particulars of dependent children under the age of 21 years whose maintenance you undertake (see Note B).

               Name            Date of Birth                     Sex                         Country of Birth

  1.       .......... 

  2.       .......... 

  3.       .......... 

  4.       .......... 

     (b)   Particulars of other dependents who wish to immigrate into Zambia (separate application for each dependant):

               Name            Date of Birth                     Sex                         Relationship to Applicant

  1.       .......... 

  2.       .......... 

  3.       .......... 

     (c)   Particulars of relations (if any) already resident in Zambia:

                                                                              Relationship          Approximate
                                                                              to                           date entered
               Full Names   Address in Zambia            Applicant               Zambia

  1.       .......... 

  2.       .......... 

  3.       .......... 

22.       (a)        Sterling value of money immediately available on arrival in Zambia:           

                       

     (b)   Other assets, their value and extent to which they will be available in Zambia..........    

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

     (c)   If of independent means, give details           

                        ..........

23.       Address in Zambia, if known..........  

                        ..........

24        Have you or any of your dependants ever been sentenced to a term of imprisonment with or without the option of a fine after being convicted of any crime or offence in any country? Answer yes or no ................................... If yes, full particulars must be given............  

            ....................

            ....................

            ....................

25.       Have you or your wife previously resided in or visited Zambia or any other East, Central or South African country? Answer yes or no........... If yes, state circumstances and dates..........     

            .........  

26.       Have you or your wife ever been restricted from entering any country or deported or repatriated from any country? Answer yes or no ........... If yes, full particulars and dates must be given ..........  

            .......... 

            .......... 

27.Are you fluent in English or any language indigenous to Zambia? Answer yes or no. If so, in which language?..........       

            .......... 

28.       How long do you intend to remain in Zambia?..........           

            .............          

 

    I understand that incorrect, misleading or untrue information or any relevant information withheld in any material matter which may affect the issue of an entry permit will result in the revocation of the permit.

    I hereby declare that the information furnished by me in this application is complete and is true and correct.

(Signed)         

    Declared before me at.......................................this           

day of .............................................., 19.......

(Signed)         

Magistrate/Commissioner for Oaths/Zambian

or British Consul

 

 

For Use of Immigration Authority

Number of Entry Permit..........          

Date and Place of Issue..........           

Entered Zambia on.........................................Port of Entry.....         

(Signed)         

Immigration Officer

 

 

 


 

FORM 4

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 14)

 

 

ENTRY PEMIT

 

 

File Reference...............................                                  Serial No.....           

    Subject to the provisions of the Immigration and Deportation Act and any regulations made under it, this permit entitles.....

.........  

born at ................................................................on..........     

until he becomes an established resident to enter and re-enter into and remain within Zambia and for gain to engage in the occupation of:

.............          

 

 

 

 

PHOTOGRAPH

 

 

 

 
     

           

Chief Immigration Officer

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

     

 

NOTES

A.Section 14 (5) of the Immigration and Deportation Act states:

"An entry 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 Chief Immigration Officer may endorse thereon;

            (b)   is absent from Zambia for a period in excess of six months without notifying the Chief Immigration Officer in writing that he proposes to return to Zambia; or

            (c)   is absent from Zambia for any period in excess of twelve months."

B.Section 21 (1) of the Immigration and Deportation Act states:

"The Chief Immigration Officer may by notice in writing revoke any permit issued under this Act if he is satisfied that the holder-

            (a)   has contravened any provision of this Act or regulations made thereunder or has failed to comply with any requirement made under this Act or such regulations;

            (b)   obtained such permit by means of any representation which was false in any material particular or by means of the concealment of any material information;

            (c)   has failed to observe any condition specified in such permit; or

            (d)   has become or is likely to become a charge on the Republic in consequence of his failure to support himself and such of his dependants as may be in Zambia."

 

 

 


 

FORM 5

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 15)

 

 

APPLICATION FOR VISITING PERMIT

 

 

I, ..............      

born at .......     ... and permanently

resident at .......           ... hereby apply

for a permit to extend my visit to Zambia beyond a period of three months.

The answers to the following questions are given in support of this application:

  1.       When did you enter Zambia? .......... 

  2.       What is the reason for your visit? ..........       

     ..........        

  3.       When do you expect to leave Zambia? .....    

     ..........        

  4.       What is your address in Zambia? ..........        

     ..........        

  5.       If staying with friends or relations what are their names and addresses? ..........      

     ..........        

     ..........        

  6.       What members of your family are accompanying you on this visit?

     (a)   Wife (first name) ..........         

     born at ................................................... on ..........           

     (b)   Children:

              (i)       Name.............................born at..............................on.....      

             (ii)       Name.............................born at..............................on.....      

            (iii)       Name.............................born at..............................on.....      

            (iv)       Name.............................born at..............................on.....      

  7.       Do you and those accompanying you hold return air/rail/road tickets out of Zambia?..........           

  8.       If answer to 7 is "No", are you travelling in your own vehicle and if so give particulars?..........      

     ..........        

  9.       What funds have you at your disposal in Zambia?..........      

     ............      

    I declare that I and those shown on this application as accompanying me are not prohibited immigrants nor the holders of any other immigration permit.

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

     Signature

 

 

NOTES

A.Under the Immigration and Deportation Act, a visiting permit may not exceed three months in duration without extension and may not be extended to cover a total period in excess of twelve months.

B.Children accompanying a parent may be included on the parent's application form as may a wife on her husband's.

C.This application should be handed to the nearest Immigration Officer.

D.A visiting permit does not entitle the holder to seek or obtain paid employment in Zambia.

 

 

 


 

FORM 6

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 15)

 

 

VISITING PERMIT

 

 

Serial No....................

    Application to extend a visit in Zambia having been made on Immigration

Form 5 (FULL NAME)..............       

.....................................born at............................on ............  

accompanied by:

  1.       Wife...................................born at..................................on..........     

  2.       Child..................................born at..................................on..........     

  3.       Child..................................born at..................................on..........     

  4.       Child..................................born at..................................on..........     

  5.       Child..................................born at..................................on..........     

  6.       Child..................................born at..................................on..........     

is/are permitted to enter and re-enter and to remain within Zambia during the validity of this Permit, which is from..............................to.............................. inclusive.

Extensions of validity:

  1.       From .......................................................to..........      inclusive.

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

Date ................................          Immigration Officer

  2.       From .......................................................to............    inclusive.

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

Date ................................          Immigration Officer

  3.       From .......................................................to.............   inclusive.

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

Date ................................          Immigration Officer

 

DATE STAMP

 
     

Issued by:................................................................................

Immigration Officer

 

 

NOTES

A.This permit does not entitle the holder to seek or obtain paid employment in Zambia.

B.This permit should be produced to an immigration officer on departure from Zambia.

C.Application for any variation or extension of validity of this Permit may be made on Immigration Form 12. Both the application and the Permit will be submitted together to an immigration officer.

 

 

 


 

FORM 7

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 16)

The Chief Immigration Officer,

P.O. Box 391,

Livingstone,

Zambia.

 

 

APPLICATION FOR STUDY PERMIT

 

 

    I, (Full Name, Block Capitals)..............     

born at .......................................................on..............           and permanently

resident at .............    

hereby apply for a Study Permit.

The answers to the following questions are given in support of this application:

  1.       At what institution have you been accepted as a pupil?

.................      

 

 

(Name of educational or training institution)

  2.       Will you be living in the institution?...........   

  3.       If the answer to 2 is "No", where will you live?.........................       

           

  4.       What course of study will you be engaged in?...........................       

           

  5.       What is the normal period of tuition for your studies?................      

  6.       How will your tuition, accommodation and board expenses be met? .............         

           

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

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

Signature of Applicant

    Certificate to be completed by the Principal/Head of the Educational or Training Institution.

    I, (full name) .............        

Principal/Head of ...............   

(Educational or Training Institution) hereby certify that-

                (a) (full name of pupil)..............     
                       has been admitted to the above-named Institution of which I am the Principal/Head;

            (b) I have adequate accommodation for this pupil; and

            (c) the issue of a Study Permit to the above-named applicant will not deprive a suitable citizen of Zambia of a
                      place or accommodation at the Institution of which I am the Principal/Head.

Date................................        Signed............................................................

Principal/Head of .......................................................................

 

 

(Full name and address of the Educational
or Training Institution
)

 

 

This Certificate must be signed by the Principal/Head of an educational or training institution.

 

 

NOTES

A.    A student will not be allowed to commence his course of studies unless he holds a valid permit.

B.    No Study Permit will be issued to a prohibited immigrant.

C.    Upon entry a student will be required to produce a certificate signed by a radiologist stating that the holder has been radiologically examined and is free from active pulmonary tuberculosis. The radiological examination must have taken place within the six months immediately preceding the date of entry.

(No. 257 of 1968)

 

 


 

FORM 8

 

 

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 16)

 

 

STUDY PERMIT

 

 

    Application having been made on Immigration Form 7 ............   

....................................... born at ..................................... on ..........  

is permitted to study at ...........................................   ..........educational institution and for
that purpose to enter and re-enter into and to remain within Zambia.

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

Date................................            Chief Immigration Officer

 

 

NOTES

A.        This permit is valid only while the holder is under instruction at the educational institution named above and, if the holder has not acquired another permit authorising his presence in Zambia when this permit expires, he should leave Zambia forthwith or he will be a prohibited immigrant.

B.        This permit does not entitle the holder to seek or obtain paid employment in Zambia.

C.        This permit should be surrendered to an immigration officer on the holder's departure from Zambia after leaving the educational institution named above.

 

 

 


 

Fee Units Paid  30         FORM 9

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 17)

 

 

TEMPORARY PERMIT

 

 

Subject to the conditions hereunder set out the holder .............       

..............................................born at............  

on.................is permitted until the.............     day of

.......................................19..........

            *(a) to enter, re-enter and remain within; or

            *(b) to travel in direct transit through:

Zambia for the purpose of ..............  

      .............          

      .............          

This permit is issued subject to the following conditions*:

  1.       The holder shall report to .............     

     at....................................................at intervals of ............

     and shall keep that person/authority advised of his postal and residential address.

  2.       The holder, if in transit, shall travel by the following route and mode of conveyance

      ..............

      ..................

      .............

  3.       The holder shall, except for the purpose of initially proceeding to and finally departing from that area or with the permission of an immigration officer, remain within the area.............        

      .......... 

      .......... 

  4.       The holder shall not engage in the following activities: ............       

.............    

.............    

  5.       The holder shall leave Zambia before the date when this permit expires-that is the .......     ..........................................day
 of......................................., 19..........

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

Date................................Immigration Officer

 

 

*Delete any provisions not applicable.

 

 

EXTENSIONS

From...............................to.............................inclusive. Fee Units paid 30. G.R. No.          

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

         Immigration Officer

From...............................to.............................inclusive. Fee Units paid 30. G.R. No.          

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

           Immigration Officer

 

 

NOTES

A.Any failure to comply with the above conditions will render the holder liable to be deported without notice.

B.This permit does not entitle the holder to seek or engage in paid employment in Zambia.

C.Application for a variation of any provision in this permit may be made on Immigration Form 12 to the Chief Immigration Officer.

D.This permit should be surrendered to an immigration officer on the holder's departure from Zambia unless the immigration officer otherwise directs.

(As amended by Act No. 13of 1994)

 

 


 

FORM 10

 

 

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 18)

 

 

APPLICATION FOR EMPLOYMENT PERMIT

 

 

(To be submitted in original only)

    NOTE: A fee unit of -- is payable for issue of an Employment Permit and remittance of this amount should accompany this form when it is submitted to the Chief Immigration Officer.

The Chief Immigration Officer

P.O. Box 1984

Lusaka

Zambia

    I/We hereby apply for an Employment Permit to allow the person whose personal particulars are given in Part I to obtain work as ..........

............           

in Zambia during the period..........    

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

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

      Signature of employee/employer/self-employer

      (Delete what is not applicable)

 

 

 

PART I

Personal particulars:

  1.       (a)        Mr/Mrs/Miss...............

     (b)   Surname..............       

     (c)   Christian or other names...........         

  2.       Permanent home address................   

     ............      

  3.       Present postal address..............          

  4.       (a)        Place and country of birth............     

     (b)   Date of birth................          

     (c)   Present nationality...............  

  5.       Passport details:

     (a)   Passport number...............      

     (b)   Place of issue..............           

     (c)   Date of issue..............

     (d)   Date of expiry...............         

     (NOTE: Employment Permit will not be valid beyond the date of expiry of passport)

  6.       Full name of wife/husband..............  

  7.       Particulars of children under 21 years old:

            Full name                      Sex               Date of Birth                Place of Birth

       (i)              .............................   .............................       ............................     .............................

      (ii)              .............................   .............................       ............................     .............................

     (iii)              .............................   .............................       ............................     .............................

     (iv)              .............................   .............................       ............................     .............................

 

 

(If more space is required, give details separately)

  8.       Qualifications (give full details and attach certified true copies of certificates)

     (a)   Educational    

     (b)   Professional or technical..............      

            ...............        

     (c)   Previous relevant experience............  

            .................      

            Name of EmployerNature of Employment                Period so Employed

       (i)                   ...........................................      ............................................     .................................

      (ii)                   ...........................................      ............................................     .................................

     (iii)                   ...........................................      ............................................     .................................

     (iv)                   ...........................................      ............................................     .................................

 

 

(If more space is required, give details separately)

 

 

PART II

 

 

(To be completed by the employer)

    I/We (name of employer).............  

of (postal address).............    

being engaged in (state profession or business).............        

wish to employ the person whose particulars are given in Part I.

  1.       Place of employment (give full details)................     

  2.       Job description...................    

  3.       Period of employment offered......................

  4.       Annual salary offered.....................   

  5.       What steps have you taken to employ Zambian citizens to fill this vacancy (give full details)............        

     (a)   His/her name.................         

     (b)   Date training began..........................  

     (c)   Date training will end.................       

     (d)   If you do not have a Zambian citizen under training for this post, fill in the following:

             (i)  Minimum entry qualification required for this post ..............     

            (ii)  Steps taken to engage a trainee..................         

  6.       If this application is approved, will the proposed employee be instrumental in training Zambian citizens? If so, give full details................      

     .........................     

     I hereby certify that the foregoing particulars are correct in every detail.

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

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

     Signature of Employer

 

 

 

PART III

 

 

(To be completed by self-employed)

    I/We (name of self-employed)...................

of (postal address)................ 

being engaged in (state profession or business)...............      

wish to be self-employed.

  1.       Place of employment (give full details).................... 

.................      

  2.       Job description....................   

  3.       Particulars of capital available...................... 

     .........................      (attach bank statement)

  4.       Attach a certified true copy of certificate of registration of business (if applicable).

I hereby certify that the foregoing particulars are correct in every detail.

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

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

   Signature of Applicant

(As amended by S.I. No. 35 of 1973 and Act No. 13of 1994)

 

 


 

FORM 11

 

 

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 18)

 

 

EMPLOYMENT PERMIT

 

 

File Reference....................     Serial No......................

    Subject to the conditions hereunder set out, .....................           

...................     born at ................................... on ...................................

is hereby permitted to engage in employment under an employer resident in Zambia.

    He is accompanied by his wife and children under 18 years old:

        Full names of wife.......................          

        Names of children..................... 

............................       

........................           

    This permit is issued subject to the conditions that the holder may not engage in employment:

1.  except of the following nature...................           

     .........................     

2.  except under the following employer.....................          

     ............................  

This permit shall, unless sooner revoked, be valid for the period of.........    

  Fee unit paid 30. G.R. No. .................. of 19 .........

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

      DATE STAMP            Chief Immigration Officer

 

 

 

NOTES

A.This permit allows the holder and his wife and minor children to enter and re-enter into and to remain within Zambia until it expires, but it will automatically cease to be valid if the holder becomes a prohibited immigrant.

B.Any application for a variation of the conditions or period of validity of this permit must be made to the Chief Immigration Officer on Form 12.

(As amended by No. 79 of 1967 and Act No. 13of 1994)

 

 


 

FORM 12

 

 

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 20)

 

 

APPLICATION FOR VARIATION OF CONDITIONS OR PERIOD OF VALIDITY OF PERMIT

 

 

    I, (Full name, BLOCK CAPITALS).........................        

being the holder of an Entry/Visiting/Employment/Temporary Permit*       

No.......................... issued at ....................................... on ...............

and valid until ..............          hereby apply for the said permit to be

varied by....................................        

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

.........................          

..........................         

Reasons for requested variation ...........................     

...................... 

.........................          

..........................         

.........................          

.........................          

I tender 30 fee units, as fee.

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

   (Signature)

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

Address ...............      

 

 

* Delete those permits to which this application does not relate.

 

 

FOR OFFICIAL USE ONLY

General Receipt No. ..........    . issued on ................................. 19..........

at          Amount fee units...............................

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

(As amended by Act No. 13of 1994)

 

 


 

FORM 13

 

 

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 21)

 

 

NOTICE OF REVOCATION OF PERMIT

 

 

To..................................................................

TAKE NOTE that the ..................     Permit, No...............................................

issued to you at ....................................................... on ..................  

is hereby revoked on the following ground(s):

........................           

.........................          

..........................         

............................       

    THIS REVOCATION shall take effect on ...................    when

the said permit shall cease to be valid.

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

        Chief Immigration Officer

Served upon the said ..........................................

in person at ..................           on ................................................ 19.............

at .............................................. hours.

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

         Immigration Officer

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

       Signature of Recipient

 

 

NOTE

    Your attention is drawn to the following provisions of the Immigration and Deportation Act:

    21. (1) The Chief Immigration Officer may by notice in writing revoke any permit issued under this Act if he is satisfied that the holder-

    (a)  has contravened any provision of this Act or regulations made thereunder or has failed to comply with any requirement made under this Act or such regulations;

  (b)  obtained such permit by means of any representation which was false in any material particular or by means of the concealment of any material information;

    (c)  has failed to observe any condition specified in such permit; or

    (d)  has become or is likely to become a charge on the Republic in consequence of his failure to support himself and such of his dependants as may be in Zambia.

 

 

SECOND SCHEDULE-CLASS D (PROHIBITED IMMIGRANTS)

 

 

    Any person in Zambia with respect to whom a permit to remain in Zambia has been revoked or has expired.

 

 

 


 

FORM 14

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 22 (5))

 

 

EXEMPTION

 

 

    IN EXERCISE of the powers vested in the Minister of Home Affairs by section 22 (5) of the Immigration and Deportation Act, ................     

..............................     

...........................        

born at ................................................................ on ...................      

is hereby exempted from Class/Classes .................    of the

Second Schedule to the Immigration and Deportation Act.

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

  Minister of Home Affairs

 

 

 


 

FORM 15

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 23)

 

 

NOTICE TO PROHIBITED IMMIGRANT TO LEAVE ZAMBIA

 

 

To.................   born at ........................................

on ........................................

    WHEREAS you are a prohibited immigrant-

*(a)  under section 22 (1) of the Immigration and Deportation Act, because you belong to Class ................................................. of the Second Schedule to that Act;

*(b)  under section 22 (2) of the Immigration and Deportation Act, because the Minister has in writing declared your presence in Zambia to be inimical to the public interest;

    NOW THEREFORE take note that you are required to leave Zambia within the period of

 .................     

by the following route ...................   

............................       

............................       

............................       

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

            Immigration Officer

Served upon the said .................        in person

at ..............      on ................................................. 19............

at ................................... hours.

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

         Immigration Officer

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

       Signature of Recipient

 

 

* Delete whichever alternative is not applicable.

 

 

NOTE

    Your attention is drawn to the following provisions of the Immigration and Deportation Act:

23. (1) Any immigration officer may or, if so directed by the Minister in the case of a person to whom subsection (2) of section twenty-two relates, shall by notice served in person on any prohibited immigrant require him to leave Zambia.

24. (1) Any person required by notice under section twenty-three to leave Zambia who on receipt of such notice has lawfully remained in Zambia longer than seven days may, within forty-eight hours of receiving such notice, deliver to any immigration officer, police officer or prison officer written representations to the Minister against such requirement and such representations shall be placed before the Minister without delay.

24. (2) If, after considering such representations, the Minister does not think fit to exercise his powers in relation to the issue of permits or the exemption of persons from the classes set out in the Second Schedule, the person who made such representations shall be notified that his representations have been unsuccessful.

 

 

 


 

FORM 16

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 26)

 

 

WARRANT OF DEPORTATION

 

 

To the Chief Immigration Officer, the Inspector-General of Police and all immigration officers, police officers and officers proper to the execution of this warrant:

    WHEREAS.......... 

(hereinafter called "the deportee")-

*(a)  is a person in respect of whom I have received the particulars in accordance with the provisions of section 33 of the Penal Code and accordingly I am obliged to deport that person under the provisions of section 26 (1) of the Immigration and Deportation Act; or

*(b)  is in my opinion by his presence likely to be a danger to peace and good order in Zambia and accordingly is deported under section 26 (2) of the Immigration and Deportation Act;

    NOW THEREFORE you are commanded to cause the deportee to be deported from the Republic of Zambia
to..........          

 

 

AND FOR DOING SO THIS SHALL BE YOUR WARRANT

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

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

          Minister of Home Affairs

 

 

*Delete whichever is not applicable

(As amended by S.I. No. 35 of 1973)

 

 


 

FORM 17

 

 

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 33)

 

 

APPLICATION FOR CERTIFICATE OF STATUS AS AN ESTABLISHED RESIDENT

 

 

NOTE.-A separate application must be submitted in respect of each person for whom a Certificate of Status is required.

THE CHIEF IMMIGRATION OFFICER,

    P.O. Box 391,

        LIVINGSTONE.

    In support of my application for a certificate of status as an established resident, I submit the folowing information:

  (1)  SURNAME (Block capitals)..........       

  (2)  FIRST NAMES (Block capitals)..........

  (3)  BORN AT.................................................. ON........    

  (4)  PRESENT ADDRESS..........   

  (5)  DATE OF ISSUE OF ENTRY PERMIT........................................No. of Permit       

(See Note B)

  (6)  DATE OF ENTRY TO ZAMBIA...............................PLACE OF ENTRY.......        

  (7)  NATIONAL REGISTRATION NO..........      

  (8)  Details of any periods of absence from Zambia during the four years preceding this application:

(a)                    From..............................to...............................Reason.......    

(b)                    From..............................to...............................Reason.......    

(c)                    From..............................to...............................Reason.......    

(d)                    From..............................to...............................Reason.......    

(e)                    From..............................to...............................Reason.......    

(f)                     From..............................to...............................Reason.......    

  (9)  I have not during the last four years spent any period in prison as the result of a court sentence. (See Note
        C)

            ..........

(10)  I have not during the last four years been an inmate of a mental institution. (See Note C).............    

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

      Signature of Applicant

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

 

 

NOTES

A.This application must be accompanied by two recent full face passport type photographs, one of which must be endorsed "Certified a true likeness of (Full Name) " and must be signed by an Immigration Officer or other responsible public officer.

B.If you are not the holder of an entry permit, you should delete item (5) and attach your residence permit or any other permit authorising your residence in this country.

C.If the information at item (8) or (9) is inaccurate, the applicant may delete the inaccurate item and attach full details of the imprisonment or period spent in a mental institution.

D.The fee for a certificate of status is 30 fee units payable with this application.

(As amended by Act No. 13of 1994)

 

 


 

FORM 18

 

 

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 33)

 

 

CERTIFICATE OF STATUS AS AN ESTABLISHED RESIDENT

 

 

    This is to certify that..........

National Registration No        ..........., whose photograph appears

hereon, is an ESTABLISHED RESIDENT as defined in section 2 of the Immigration and Deportation Act.

PHOTOGRAPH

 
     

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

                             Chief Immigration Officer

 

 


 

FORM 19

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 36)

 

 

WARRANT OF DETENTION OF SUSPECTED PROHIBITED IMMIGRANT

 

 

To the Officer in Charge of the prison/place of detention at..........  

.......... 

    WHEREAS there are reasonable grounds for suspecting that..........        

...........

(hereinafter called "the suspected prohibited immigrant") is a prohibited immigrant.

    NOW THEREFORE in accordance with the provisions of section 36 (1) as read with section 25 (1) of the Immigration and Deportation Act, you are hereby commanded to receive into your custody and to keep the suspected prohibited immigrant until the expiration of a period of fourteen days from this day or until sooner delivered in due course of law.

    DATED at.....................................the.....................................day of..........          

19..........

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

   Immigration Officer

 

 

 


 

FORM 20

REPUBLIC (CREST) OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 36)

 

 

WARRANT OF DETENTION OF PROHIBITED IMMIGRANT

 

 

To..........         

    WHEREAS...........

(hereinafter called "the prohibited immigrant") is a person to whom subsection *(3) (a)/(3) (b)/(4) of section 26 of the Act refers;

    NOW THEREFORE in accordance with the provisions of section 36 (1) of the Act, you are hereby commanded to receive into your custody and to keep the said prohibited immigrant pending completion of arrangements for his deportation from Zambia at the first reasonable opportunity or until sooner delivered in due course of law.

DATED at.....................................the....................................day of.........    

19..........

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

        Immigration Officer

    * Delete whichever reference is not applicable.

 

 

 


 

FORM 21

(Regulation 2)

 

 

REPUBLIC OF ZAMBIA

 

 

THE IMMIGRATION AND DEPORTATION ACT

 

 

(Section 13)

 

 

EXIT DECLARATION

 

 

PART I

 

 

(To be completed by all persons leaving Zambia: please print)

Surname.............................................    Other names........     Sex...............

Date of birth.......................................    Place of birth........  

Nationality......           

Occupation.........        

Passport No.........................Date of issue......................Place of issue.......   

Date of expiry........................................

 

 

Reason for
being in
Zambia
(Tick one)

A

Citizen

B

Resident

C

Employment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

D

D Study

E

E Visitor

 

 

 

 

 

 

 

 

 

 

 

Expected length of stay away from Zambia

Permanent

 

Year/s

 

Month/s

 

Weeks

 

Days

 

 

 

 

 

 

 

 

 

 

 

Destination .................

    Persons leaving Zambia permanently and holding any of the following documents: Certificate of Status as an Established Resident; Entry Employment Permit; Study Permit; Temporary or Visitors Permit; must surrender them to the examining Immigration Officer at the port of exit.

 

 

 

 

 

Signature of Declarant

        

Date   

 

 

 

OFFICIAL DATE
STAMP SIGNATURE

 

FOR OFFICIAL USE

Type of Permit surrendered           

No. of Permit 

Immigration Officer's signature

           

 

PART II

 

 

(For visitors only)

How many nights did you stay in Zambia?.................          

Please enter the number of nights spent in each type of accommodation:

 

 

 

Hotels

 

Motels

 

Lodges

 

Relatives

 

 

 

 

 

 

 

 

 

 

 

Date and port of entry in Zambia..................

 .................    

Address in Zambia ..................          

  ..................     

Country of permanent residence .................  

Your estimated expenditure in Zambia .................   

 

 

 

 

 

OFFICIAL DATE STAMP

 

FOR OFFICIAL USE

Nationality.................  

No. in group .................          

Permanent .................  

Temporary ..................

(As amended by S.I. No. 112 of 1978)

 


 

SECOND SCHEDULE

 

 

(Regulation 3)

 

 

PRESCRIBED FEES

 

 

     Visiting Permit                                                          Fee units

            Issuance                                                                     200

            Renewal                                                                     400

            Duplicate                                                                   100

     Study Permit                                                                           

            Issuance                                                                     150

            Renewal                                                                     250

            Duplicate                                                                   100

     Employment Permit                                                               

            Issuance                                                                         2,000

            Renewal                                                                         3,000

            Duplicate                                                                       1,000

            Variation by change of occupation                                3,000

            Variation by addition of names of wife and children100

            Variation by change of employer                                  3,000

     Self employment Permit                                                         

            Issuance                                                                     500

            Renewal                                                                     400

            Variation by addition of new business                      400

            Duplicate                                                                   100

     Certificate of Status as an Established Resident                     

            Issuance                                                                     200

            Duplicate                                                                   100

     Entry Permit                                                                           

            Issuance                                                                     300

            Duplicate                                                                   100

            Variation by addition of a new business name          300

            Variation by change of occupation                            300

     Temporary Permits                                                                

            Issuance                                                                         2,000

            Renewal                                                                         3,000

            Duplicate                                                                   100

     Visas                                                                                       

            Single entry US $20 (or kwacha equivalent)                  

            Double entry US $30 (or kwacha equivalent)                

            Transit US $10 (or kwacha equivalent)                          

            Multiple entry US $40 (or kwacha equivalent)              

            Re-entry 25 fee units                                                      

 

 

(B) PERMITS FOR RELIGIOUS, NON-GOVERNMENTAL ORGANISATIONS AND NON-PROFIT MAKING ORGANISATIONS

       1.  Employment Permit

              (i) Issuance                                                               150

             (ii) Renewal                                                              100

            (iii) Replacement                                                        150

            (iv) Addition of names of wife or children                 50

             (v) Change of occupation                                         100

            (vi) Change of employer                                            100

       2.  Temporary Permit                                             Fee units

              (i) Issuance                                                               100

             (ii) Renewal                                                                50

            (iii) Replacement                                                        100

       3.  Certificate of Status as Established Resident                   

              (i) Issuance                                                               150

             (ii) Renewal                                                              150

       4.  Entry Permit                                                                   

              (i) Issuance                                                               150

             (ii) Renewal                                                              250

            (iii) Replacement                                                          70

       5.  Visiting Permit                                                                

              (i) Issuance                                                               100

             (ii) Renewal                                                              200

            (iii) Replacement                                                          70

       6.  Study Permit                                                                   

              (i) Issuance                                                                 70

             (ii) Renewal                                                                50

            (iii) Replacement                                                          70

(As amended by S.I. No. 33 of 1995 and Act No. 13 of 1994)

 

 

THIRD SCHEDULE

 

 

(Regulation 11)

 

 

IMMIGRATION CONTROLS

 

 

Immigration                                      Hours of Operation

      Controls                                                        per diem

       1.  AIRPORTS

                Chingola                                                     as required

                Chipata                                                       as required

                Kalabo                                                        as required

                Kasama                                                       as required

                Livingstone                                                             24 hours

                Lusaka                                                                    24 hours

                Mansa                                                         as required

                Mbala                                                         as required

                Mfue                                                                   0600 to 1800 hours

                Mongu                                                        as required

                Ndola                                                                       24hours

                Nkana                                                         as required

                Sesheke                                                      as required

                Solwezi                                                       as required

                Zambezi                                                      as required

       2.  PORT:

                Mpulungu                                                   as required

       3.  RAILWAY STATIONS:

                Livingstone                                                as required

                Ndola                                                         as required

      4.   BORDER CONTROLS:

                Chanida                                                                  24 hours

                Chavuma                                                                 24 hours

                Chembe                                                                   24 hours

                Chipungu                                                                24 hours

                Chirundu                                                             0600 to 2000 hours

                Feira                                                                    0600 to 1800 hours

                Jimbe Bridge                                                       0600 to 1800 hours

                Kaputa                                                                    24 hours

                Kariba                                                                 0600 to 2000 hours

                                                                    (April to September)

                                                                                            0600 to 1900 hours

                                                                      (October to March)

                Kashiba                                                                   24 hours

                Kasumbalesa                                                           24 hours

                Katima Mulilo                                                         24 hours

                Kazembe                                                                 24 hours

                Kazungula                                                           0600 to 1800 hours

                Kipushi                                                                   24 hours

                Livingstone                                                             24 hours

                Lukwesa                                                                 24 hours

                Lundazi                                                                   24 hours

                Mokambo                                                                24 hours

                Mulekatembo                                                      0600 to 1800 hours

                Muyombe                                                            0600 to 1800 hours

                Mwandi                                                                  24 hours

                Mwami                                                                    24 hours

                Mwase                                                                    24 hours

                Mwense                                                              0600 to 1800 hours

                Nchelenge                                                               24 hours

                Nyala                                                                      24 hours

                Sakania                                                                   24 hours

                Sinazongwe                                                        0600 to 1800 hours

                Sinda Misale                                                       0600 to 1800 hours

                Sumbu                                                                     24 hours

                Tshinsenda                                                              24 hours

                Tunduma                                                                 24 hours

                Victoria Falls immigration control                      0600 to 2000 hours

                Zombe                                                                     24 hours

 

 

 

      5.   INTERNAL CONTROLS:

                Chadiza

                Chingola

                Chipata

                Choma

                Kabompo

                Kabwe

                Isoka

                Itezhi-Thezhi

                Kasama

                Kapiri-Mposhi

                Kitwe

                Livingstone

                Luanshya

                Lusaka

                Mbala

                Mpika

                Mporokoso

                Mufulira

                Mubwa

                Mwiniuinga

                Ndola

                Luangwa

                Lusuntha

                Serenje

                Shangombo

                Sikongo

 

}

 
         

 

 

 

 

 

 

 

 

 

 

Those hours observed by
   the offices of the Provincial
   and District Government at
   these stations

 

 

 

 

 

 

 

 

 

 

24 hours

(As amended by S.I. No. 14 of 1974, 121 of 1974, 193 and 200 of 1975, 87 and 88 of 1977, 58 of 1978, 3 of 1983, 200 of 1987, 82  of 1992 and 62of 1994)

         

 

SECTION 31-THE IMMIGRATION AND DEPORTATION (FEES) (WAIVER) REGULATIONS,

Regulations by the Minister

Statutory Instrument
60 of 1994

 

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

Tile

 

2.    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.

Waiver of fees

 

SCHEDULE

 

 

(Regulation 2)

    Expatriate Staff employed in the Civil Service of the Republic of Zambia who have entered Zambia in pursuance of an Agreement between themselves and the Government of the Republic of Zambia.