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PROCESS FOR OBTAINING WORK AND RESIDENT PERMITS FOR EXPATRIATES WORKERS IN TANZANIA

Christopher Giattas

Rexattorneys

Dar es Salaam, Tanzania

c.giattas@rexattorneys.co.tz

1.0 Types of Residence Permits ISSUED IN TANZANIA

1.1 Section 15 of the Immigration Act, Cap. 54 (‘Act’), provides that all foreign nationals intending to reside in Tanzania for business or work, require a residence permit. There are three types of permits:

(a) Class A – for self-employed investors who are owners or shareholders in the business (Section 19 of the Act);

(b) Class B –for employment with an established company in Tanzania (Section 20 of the Act); and

(c) Class C – missionaries, researchers, students and volunteers (Section 21 of the Act).

 

1.2 The authority to issue Residence Permits is vested on the Director of Immigration Services. Applications for Class A and C permits are forwarded directly to the Director of Immigration Services, while applications for Class B permits are forwarded to the Director of Immigration Services through the Labour Commissioner, who reviews the application and makes a positive or negative recommendation to the Director of Immigration Services. Applications for Residence Permits should be submitted while the applicant is outside the country unless he/she is in possession of valid visa to stay in Tanzania, which may be an ordinary visa, a Carrying on Temporary Visa (CTA), a multiple entry visa, or a referred visa.

1.3 Applicants who are not satisfied with the Director’s decision may appeal to the Minister of Home Affairs.

2.0 Requirements for obtaining Residence Permit Class A

2.1 Residence Permit Class A may be issued to foreigners intending to invest in prospective areas such as: Industry, Mining, Forest, Social services among others.

Documents required for the first grant application:

•  TIF 1 forms in duplicate duly filled;

• A covering letter from the applicant;

• Six photographs;

• Curriculum vitae;

• Education certificates (if appropriate);

• Business license;

• Certificate of registration for Tax payers Identification Number (TIN) ;

• Certificate of registration for Value Added Tax (VAT);

•  Certificate of Incorporation;

• Memorandum and articles of association for company by liability;

• Evidence of business premises;

• Sectoral approval from any relevant Ministry (if needed);

• Share certificate (if needed) or share transfer and board resolution (for investors who have bought some shares or company;

• Power of attorney for a person given power as a Director ;

•  Copy of passport pages authenticating nationality and validity of passport;

• Evidence of the capital that has been invested in the company in terms of cash and assets. i.e. Bank statement/financial statement.

2.2 Those who do not qualify under the Tanzania Investment Centre should provide Bank proof of or assets valued to 300,000 USD to be considered for the Class A permit by the Director of Immigration Services.

2.3 Applicants who would like the names of their dependant wife and children to be endorsed in their residence permits, must produce proof of relationship preferably marriage certificate and birth certificates for their children.

2.4 There is a fee of US $ 1,620 for a Class A permit, which is generally valid for two years. Permits can be renewed for an additional two years for US $ 1,620. There is an additional fee of US$20 for every dependant accompanying the applicant.

2.5 In the event all the documents are in order, it takes a maximum of a month for a Class A residence permit to be issued.

3.0 Requirements for obtaining Residence Permit Class ‘B’

3.1 Residence permit Class B may be issued to foreign expatriates with rare professions and which are not available in Tanzania. This process is two phased, first the application must be submitted to the Labour Commissioner for approval. If approved, the application is forwarded to the Director of Immigration Services for a grant of a residence permit.

Documents required for the first grant application

• TIF 1 forms duly filled;

• Covering letter;

• Certificate of incorporation;

• Business license;

• Tax Clearance Certificate;

• Tax Payer Identification Number Certificate (TIN);

• Photostat copy of the applicant’s passport;

• Employment contract, signed by the employer and the employee. It should also include a clause on repatriation of an employee to his/her place of domicile or engagement in case of termination of contract for lawful cause;

• Curriculum vitae (CV) of the applicant;

• Five passport size photographs;

• Organization’s chart;

• Memorandum and articles of Association;

• Translations (by authorised institutions) of documents/certificate in case they are written in languages other than English or Kiswahili;

• Registration certificate from professional institution/Boards for posts of Accountants, Engineers, Surveyors, Doctors, Nurses, pilots, teachers, and other posts of the like;

•  In case the applicant is currently employed in Tanzania and gets employed to another company, a letter of no objection, original permit from previous employer and current immigration status of the applicant is needed.

3.2 Applicants who are accompanied by their dependant wife and children must produce proof of relationship preferably marriage certificate and birth certificates for their children.

3.3 There is a fee of US $ 620 for a Class B permit, which is generally valid for two years. Permits can be renewed for an additional two years for US $ 620. There is an additional fee of US$20 for every dependant accompanying the applicant.

3.4 If dependants are children under 18 years and intend to attend schools or colleges in Tanzania, they should apply for Class ‘C’ permit special for students. Documents required during application for renewal are as listed in 3.1 above.

3.5 In the event all the documents are in order, it takes a maximum of a month for a Class B and C residence permit to be issued.

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