Immigration Regulations, 1997

Government Notice 657 of 1997

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Immigration Regulations, 1997

Citation: Government Notice 657 of 1997
Primary work: Immigration Act, 1995
Date: 30 September 2002
Language: English
Type: Government Notice

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Subject areas
- Business, Trade and Industry
- Citizenship and Immigration

Immigration Regulations, 1997

Government Notice 657 of 1997

Published in Tanzania Government Gazette
Commenced
[This is the version of this document as it was at 30 September 2002 to 25 December 2003.]
[Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 30th September 2002.]

[Amended by Immigration (Amendment) Regulations, 2002 (Government Notice 431 of 2002) on 20 September 2002]

[Section 33; G.N.s Nos. 657 of 1997; 413 of 1998; 431 of 2002; 433 of 2002]

Part I – Preliminary provisions (regs 1-4)

1. Short title

These Regulations may be cited as the Immigration Regulations.

2. Interpretation

(1)In these Regulations, unless the context otherwise requires—"the Act" means the Immigration Act ¹;¹Cap. 54"the East African country" means the United Republic, Kenya or Uganda;"Inter-State Pass" means a pass issued to a person by any East African country for the purpose of travel to and between the other East African countries;"issuing officer" means a person authorized by the Act or these Regulations to issue permits, pass endorsement or exemption certificate;"Magistrate" means—(a)in the case of Mainland Tanzania, a District Magistrate; and(b)in the case of Zanzibar, a Chairman of the Peoples' Court."sea" includes inland waters;"the 1972 Regulations" means the Immigration Regulations, 1972.

(2)For the purposes of these Regulations, a person who—

(a)arrives in the United Republic by ship shall, so long as he remains on board, be deemed not to have entered the United Republic;

(b)arrives in the United Republic in an aircraft shall, so long as he remains on board the aircraft or within any area set aside as transit area, be deemed not to have entered the United Republic.

3. Forms

(1)The forms set out in the First Schedule to these Regulation, shall be used for the matters to which they refer or are capable of being adapted, and such forms with such modifications as may be necessary are hereby prescribed for the purpose of the Act and these Regulations.

(2)Until such time as printed copies of the forms are available forms prescribed by the 1972 Regulations, with such alterations and modifications as may be necessary, may be used for the purposes of the Act and these Regulations.

4. Fees

(1)There shall be paid in respect of the several matters provided for in the first column of the Second Schedule to these Regulations the fees set out opposite thereof in the Second Column.

(2)The Minister may exempt any person or class of persons in the services of the United Republic or East African Community or a Corporation within the Community from the payment of such fees.

Part II – Residence permits (regs 5-7)

5. Validity of residence permits

The period of validity of a residence permit and of every renewal shall, subject to the provisions of section 18(2) of the Act, be at the discretion of the Director of Immigration Services.

6. Grace period on expiry of permit

Where a residence permit expires or is cancelled, the presence in the United Republic of the holder thereof or of any person whose name is endorsed thereon, shall not, unless the Minister in any particular case otherwise directs, be unlawful by reason of the provisions of subsection (1) of section 15 of the Act, during the period of one month commencing with such expiry or cancellation.

7. Grace period on cancellation of endorsement

Where an endorsement of a name on a residence permit is cancelled, the presence in the United Republic of the person whose name is so cancelled shall not, unless the Minister otherwise directs, be unlawful by reason of the provisions of subsection (1) of section 10 of the Act, during the period of one month commencing with such expiry or cancellation.

Part III – Entry passes (regs 8-16)

8. Classes of entry passes

(1)Subject to these Regulations, the following passes may be issued to persons who enter and remain in the United Republic:

(a)a Dependant's Pass;

(b)an In-Transit Pass;

(c)a Special Pass;

(d)a Visitor's Pass;

(e)an Inter-State Pass;

(f)a Landing Pass.

(2)The issue of any pass to which subregulation (1) refers shall be in the discretion of the issuing officer.

(3)Every such pass shall be issued subject to the condition that it may, at any time by notice in writing to the holder, be cancelled by the Director of Immigration Services.

(4)It shall be a condition of issue of every pass granted under this regulation that the person in respect of whom it is issued shall not engage in any employment, trade, business or profession within the United Republic without the permission in writing of the Director of Immigration Services:Provided that this condition shall not apply in relation to an Inter-State Pass issued to a person ordinarily resident in the United Republic.

9. Dependant's Pass

(1)A Dependant's Pass may be issued by the Director of Immigration Services on the application of any person lawfully present in the United Republic, or in possession of a valid permit or pass authorising his entry into or presence in the United Republic, in respect of any person (hereinafter referred to as "the dependant") as to whom issuing officer is satisfied that—

(a)the dependant is the wife, child or near relative of the applicant and is dependent on the applicant for his or her maintenance; and

(b)the applicant is able to provide and to continue to provide adequate accommodation for such dependant; and

(c)the applicant has in his own right and at his full and free disposal an assured annual income sufficient to enable him to maintain adequately such dependant.

(2)No Dependant's Pass shall be issued or renewed in respect of a male person over the age of eighteen years—

(a)without the consent of the Minister; or

(b)unless on the opinion of the Director of Immigration Services such male person is, through age, infirmity or sickness, unable to support himself, and, unless renewed, no such pass issued in respect of such a male person shall be valid for longer than such period (not exceeding two years) as may be endorsed thereon.

10. Expiry of Dependant's Pass

A Dependant's Pass shall expire—

(a)where the person on whose application it was issued ceased to be resident in the United Republic or if the application was made by a citizen, when such citizen ceased be a citizen of the United Republic or ceases to be ordinarily resident in the United Republic; or

(b)with effect from the expiration of one month, or such further period as the Director of Immigration Services may on application allow from the death of the person on whose application the pass was issued or if the pass was issued in respect of a male person under the age of eighteen years, with effect from the expiration of one month after he attains that age; or

(c)where a person in respect of whom the pass was issued undertakes any employment trade business or profession within the United Republic without obtaining the permission in writing of the Director of Immigration Services or undertakes any such employment, trade, business or profession other than that in respect of which such permission is granted.

(2)A person who ceases to be a dependant for purposes of these Regulations shall, not later than thirty days from the date of his so ceasing, report that fact to the nearest Immigration Office, and any person who contravenes, fails or refuses to comply with the provisions of this subregulation commits an offence.

11. In-Transit Pass

(1)An In-Transit Pass may be issued by an Immigration Officer to any person who satisfies the issuing officer that he desires to enter the United Republic for the Purpose of passing through the United Republic to a destination outside the United Republic and that he is in possession of such valid documents as will enable him to enter the country of his destination and is otherwise qualified under the law of that country to enter the same.

(2)An In-Transit Pass shall entitle the holder to enter the United Republic and remain therein for such period, not exceeding fourteen days, as may be stated therein.

(3)An In-Transit Pass shall expire if the person in respect of whom the pass was issued undertakes any employment, trade, business or profession within the United Republic.

12. Special Pass

(1)A Special Pass may be issued by the Director of Immigration Services to any person living in or entering the United Republic if in the opinion of the Director it is desirable, for any of the following reasons, to issue such a pass—

(a)in order to afford him an opportunity of making an inquiry for the purpose of determining whether such person is entitled to a residence permit or is otherwise entitled to remain in or enter the United Republic under the Act or these Regulations, or to determine such person's immigration status;

(b)in order to afford such person a reasonable opportunity of applying for and obtaining a residence permit or a pass other than a Special Pass or of completing any immigration formality.

13. Visitor's Pass

(1)A Visitor's Pass may be issued by an Immigration Officer or any other person appointed by the Minister in that behalf to any prospective visitor to the United Republic who satisfies the issuing officer that he wishes to enter the United Republic for the purpose of—

(a)spending a holiday; or

(b)travelling; or

(c)answering a subpoena or summons to attend a court; or

(d)obtaining medical treatment by a registered medical practitioner; or

(e)for any other sufficient reason.

(2)A Visitor's Pass shall entitle the holder thereof and, if particulars of his wife and children, if any, are endorsed thereon, such wife and children as accompany him, to enter the United Republic within the period stated in such Pass and to remain therein for such period not exceeding ninety days as shall be stated in such Pass:Provided that the Director of Immigration Services may if he considers it expedient so to do, extend such last mentioned period by a further period or periods not exceeding thirty days in the aggregate but so that the total of the periods of the original Pass and of any extensions thereof shall not in any case exceed four months.

(3)A Visitor's Pass shall expire if the holder thereof or any person whose name is endorsed thereon—

(a)is found to be a prohibited immigrant; or

(b)fails to pay any deposit which may have been required of him as a condition of the granting of such Pass; or

(c)fails to comply with any term or condition specified in such Pass; or

(d)engages in any employment, trade, business or profession.

14. Re-entry Pass

(1)An Immigration Officer or any other person appointed by the Minister in that behalf may issue a Re-entry Pass to any person lawfully entitled to re-enter the United Republic after a journey to any place outside the United Republic.

(2)A Re-entry Pass issued under subregulation (1) of this regulation shall be valid for such period not exceeding the period of validity of the permit or pass under which the holder, is entitled to enter and remain in the United Republic.

(3)A Re-entry Pass shall expire on the expiration or cancellation of the permit or pass under which the holder is entitled to enter and remain in the United Republic.

15. Inter-State Pass

(1)The Director of Immigration Services, may in his discretion, issue to any person who satisfies him that he is a resident of the United Republic an Inter-State Pass in the form prescribed in the First Schedule to these Regulations, which shall entitle the holder thereof to enter any of the other East African countries and to re-enter the United Republic from any of the other East African countries at any time during the period of the validity of such Pass.

(2)A Pass issued under this regulation shall be valid for a period of two years from the date of its issue and may be renewed on expiry for a further period or periods not exceeding two years in each case provided that the total period of validity of such Pass from the date of its original issue shall not exceed in the aggregate eight years.

(3)The Director of Immigration Services may in his absolute discretion at any time cancel any Pass issued under this regulation.

(4)Nothing in this regulation shall authorise or be construed as authorising any person to enter or re-enter the United Republic by virtue of an Inter-State Pass unless his presence therein is otherwise lawful under the conditions governing his residence in the United Republic at the date of his entry into the United Republic.

16. Landing Pass

(1)A Landing Pass may be issued by an Immigration Officer or any other person appointed by the Minister in that behalf to any person who satisfies the issuing officer that he is a member of crew; or in-transit passenger having arrived in the United Republic by sea or lake in the course of a continuous and unbroken journey through the United Republic for a destination outside the United Republic and desires to disembark from the ship or vessel on which he has travelled to the United Republic to go ashore for the purposes of sight-seeing or for any other sufficient reason for the period during which such ship or vessel is in port.

(2)A Landing Pass shall entitle the holder and, if particulars of his wife and children (if any) are endorsed thereon, such wife or children, to disembark from such ship or vessel and go ashore for such period, not exceeding one month, as may be stated in the Landing Pass.

(3)It shall be a condition of issue of every Landing Pass that the person to whom it is granted shall unless the Director permits otherwise, remain within the area of the town from the port of which he has disembarked and leave the United Republic by the same ship.

(4)No Landing Pass shall be granted to any person unless—

(a)in the case of a member of crew, he is in possession of a crew card or such other acceptable identity card issued by the master of his ship; and

(b)in the case of an in-transit passenger, he is in possession of such valid documents as will enable him to enter the country of his destination.

(5)A Landing Pass shall expire—

(a)if the person to whom it is issued or whose name is endorsed therein is found to be a prohibited immigrant;

(b)on the expiry date specified on the Landing Pass; or

(c)on the date on which such ship or vessel leaves the United Republic,

whichever date first occurs.

Part IV – Prohibited immigrants (regs 17-18)

17. Notice

Where the Director of Immigration Services decides that any person is a Prohibited Immigrant within the meaning assigned to that expression by section 10 of the Act, he shall serve on him a notice in the prescribed form.

18. Recovery of expenses incurred

(1)Where on an application made in that behalf a Resident Magistrate or a Chairman of People's Court is satisfied that any expenses have been or will be incurred by the Government in connection with the detention, maintenance, medical treatment or deportation of any Prohibited Immigrant and his wife, children or other dependants, if any, he may issue a warrant for the levy of the amount by distress and sale of movable property belonging to such prohibited immigrant.

(2)The warrant under subregulation (1) may be executed in the same as a warrant for the levy of the amount of a fine under section 296 of the Criminal Procedure Act ².²Cap. 20

(3)The partial recovery of expenses under this regulation shall not prejudice the liability of any surety for the balance nor shall the issue or execution of a warrant under this section be a condition precedent to the liability of a surety.

Part V – Entries and departures (regs 19-22)

19. Declaration of entry

(1)Every person entering into the United Republic shall, without undue delay on his arrival, present himself to an Immigration Officer and complete and sign the prescribed form of declaration on entry.

(2)Any person who fails to comply with the provisions of subregulation (1) commits an offence under these Regulations.

20. Points of entry and departure

(1)Every person entering into or departing from the United Republic shall do so only at one of the places specified in the first column of the Third Schedule to these Regulations and prescribed as places of entry and departure and within the hours set opposite thereto in the second column.

(2)The Minister may, by general or special direction, exempt any person or any category or body of persons from all or any of the requirements of this regulation.

(3)Any person who enters into or depart from or attempts to enter into or depart from the United Republic—

(a)at any place other than a place specified in the Third Schedule of these Regulations; or

(b)at a place specified in the Third Schedule at any time other than the hours shown in relation to such place in the Schedule,

commits an offence under these Regulations.

21. Duty of persons in charge of ships

(1)Where an Immigration Officer boards a ship, the person in charge of such ship shall not allow any passenger to leave the ship until such passenger has presented himself in person to such Immigration Officer.

(2)Any person who—

(a)being a master of a ship, or vessel, fails to comply with the provisions of subregulation (1); or

(b)being such passenger, leaves or attempts to leave the ship without having presented himself in person to the Immigration Officer,

commits an offence under these Regulations.

22. Where in-transit passenger fails to continue journey

(1)Where any ship, aircraft or vehicle arrives in the United Republic carrying any person from outside the United Republic whose destination is also outside the United Republic but who fails to continue his journey in such ship, aircraft or vehicle in circumstances from which it may reasonably be inferred that such person has remained in the United Republic, the person in charge, or the owner or agent in the United Republic of such ship, aircraft or vehicle as the case may be, shall, as soon as practicable, notify the nearest Immigration Officer or the nearest police officer of the failure of such person to continue his journey.

(2)Any person who fails to comply with the requirement under this regulation commits an offence under the Regulations.

(3)An Immigration Officer may, for the purpose of ensuring compliance with the requirement of this regulation, delay or prevent the departure of any person.

Part VI – Securities (regs 23-27)

23. Deposit of sums of money

(1)Any person who enters or desires to enter or has entered the United Republic may be required by an Immigration Officer to deposit with him a sum of money not exceeding US dollars 1,000 in respect of himself and a sum of money not exceeding US dollars 1,000 in respect of each of his dependants, before, on or after the entry of such person or any such dependant into the United Republic and any such deposit may, if necessary, be used for the purpose of defraying any expenses incurred (whether under any legal obligation or otherwise) by the Government in that behalf in connection with the detention, maintenance, medical treatment or conveyance to any place outside the United Republic of the person in respect of whom such deposit was made:Provided that—

(a)no person who is employed on overseas leave term in the service of the Government of the United Republic or the Revolutionary Government of Zanzibar shall be required to deposit any sum in respect of himself, his wife or any of his dependant children;

(b)no person in respect of whom a valid Security has been given under regulation 24 of these Regulations or in respect of whom there is in force a valid security given under the 1972 Regulations shall be required to make a deposit under this regulation.

(2)A deposit made under the provisions of subregulation (1) of this regulation shall, unless the money so deposited is used in connection with the detention, maintenance, medical treatment or conveyance to any place outside the United Republic of the person in respect of whom it was made, be refunded to the depositor when the Director of Immigration Services is satisfied that—

(a)a person in respect of whom the deposit was made has left or is leaving the United Republic permanently for some other country in which his presence is or will be authorised under any law for the time being in force in that country relating to immigration; or

(b)a person in respect of whom the deposit was made has become a person to whom section 15 of the Act does not apply or who becomes a person to whom paragraph (d) of subsection (5) of section 15 of the Act applies.

(3)The Director of Immigration Services may, in lieu of requiring a deposit from any person under the provisions of subregulation (1) of this regulation, require such person or some other person on his behalf to give security by bond, either with or without sureties, as the Director may require, in a sum not exceeding US$ 1,000 in respect of each of his dependants before, on or after the entry of such person or any such dependant into the country.

(4)A bond entered into under these Regulations may be enforced before any Magistrate in the same manner as a Security bond for the release of an accused person on bail given under the Criminal Procedure Act.

24. Employer's bond

(1)Where any employer in the United Republic employs or has employed or will or is likely to employ any person to whom section 15 of the Act applies he shall, upon being required to do so by the Director of Immigration Services enter into a bond in the form approved by the Director of Immigration Services, binding himself to pay to the United Republic all the expenses incurred by or on behalf of the Government in connection with the detention, maintenance, medical treatment or conveyance to any place outside the United Republic of any such employee or the wife or a dependant of any such employer.

(2)Any employer who upon being so required refuses without lawful excuse, to enter into a bond under subregulation (1) of this regulation or having entered into a bond, refuses or fails to meet his obligations thereunder, commits an offence.

(3)In this regulation "employer" includes his personal representatives and assignee.

25. Savings of bonds under repealed legislation

For the avoidance of doubt it is hereby declared that every bond entered into under the provisions of the 1972 Regulations and still valid and enforceable immediately before the commencement of these Regulations shall be deemed to be a security bond entered into under these Regulations and the provisions of these Regulations shall apply accordingly.

26. Employer's duty to give particulars

(1)Where an employer has entered into a general bond under regulation 24 or given security in respect of any specific employee he shall:

(a)not less than seven days before the arrival or expected arrival in the United Republic of any person to whom such bond or security relates, notify the Director of Immigration Services in writing of the expected arrival of such person;

(b)not less than fourteen days before the date of expiration or earlier determination of the contract of employment of any such person to whom such bond or security relates, notify the Director of Immigration the expiration of earlier determination of such contract.

(2)A general bond under regulation 24 shall be deemed to relate to every person to whom subsection (1) of section 15 of the Act, applies who is employed by the employer.

(3)Any employer who fails to comply with the provisions of subregulation (1) of this regulation commits an offence under these Regulations.

27. Restriction on variation of tickets

(1)Where a person in respect of whom a cash security has been deposited or a security bond has been executed in accordance with the provisions of this regulation satisfies an Immigration Officer that he will, at his own expense, leave the United Republic permanently within thirty days of the date when such person presents himself before or makes an application to the Director of Immigration Services for the purposes of this regulation, the Director may endorse the ticket or other travel document issued to such person for his journey to a destination outside the United Republic on the manner prescribed and shall refund the deposit (after deducting therefrom the amount of expenditures, if any, which may lawfully be defrayed out of such deposit) or as the case may be, grant a certificate of the discharge of the bond.

(2)An Immigration Officer may, at any time within thirty days before any person is required to leave the United Republic either by reason of expiration, cancellation or variation of the permit or pass issued to him or for any other reason require such person to produce to him any ticket or other document obtained by such person to enable him to travel to a destination outside the United Republic in order to comply with the requirement of leaving the United Republic, and may endorse the ticket or document in the manner prescribed.

(3)Where any ticket or document has been endorsed as provided for in subregulation (1) or subregulation (2), no person shall, without the consent in writing of an Immigration Officer, cancel, vary or alter the ticket or document so as to cancel, delay or postpone the departure from the United Republic of the person in respect of whom such ticket or document was issued:Provided that this subregulation shall not apply where any such cancellation, variation or alteration is necessary because of the cancellation, delay or postponement of the departure of the ship, vessel, aircraft or vehicle by which such person is to travel.

(4)Where any ticket or document is cancelled, varied or altered in contravention of the provisions of subregulation (3)—

(a)the person making such cancellation, variation or alteration and the person at whose request such cancellation, variation or alteration is made commits an offence under these Regulations;

(b)any refund of deposit made under subregulation (1) shall forthwith become payable to the Director of Immigration Services and a Resident Magistrate may, on an application made in that behalf by the Director of Immigration Services, order such payment to be levied as if the amount were a fine imposed under the Criminal Procedure Act ³.³Cap. 20

Part VII – General provisions (regs 28-30)

28. Effect of non-payment of fee

Where an immigration officer has given notification in writing that the issue of fee of a residence permit or a pass has been approved, the approval shall cease to have effect if the prescribed fee is not paid within a period of sixty days from the date of such notification.

29. Holder of permit or pass to report address

(1)It shall be a condition of every pass issued under these Regulations that the holder thereof shall report his address in the United Republic and any change of address in the United Republic to the Immigration Officer of his area and to the Director of Immigration Services.

(2)The holder of a residence permit shall report his address in the United Republic to the Immigration Officer of his area and to the Director of Immigration Services.

(3)Any person who fails to comply with any requirement under this regulation commits an offence under these Regulations.

30. Appearance before an Immigration Officer

An Immigration Officer may, by a written notice under his hand require any person to appear before him at the place and at or within the time specified in the notice on matters relating to Immigration.

Part VIII – Exemptions (regs 31-33)

31. Exemption from section 15(1) of the Act

Subject to the provisions of these Regulations the following persons are exempted from the provisions of section 15(1) of the Act—

(a)the holder of an Inter-State Pass; and

(b)the holder of a Landing Pass.

32. Officer and members of International Organizations

(1)Subject to the provisions of section 15(5)(e) of the Act and to the conditions specified in subregulations (2) and (4) of these Regulations the following persons are exempted from the provisions of subsection (1) of section 15 of the Act—

(a)except in so far as in any particular case any exemption is waived by the member Governments who they represent, the representatives of any member Governments to any meeting convened by an international organisation, or any organ of an international organisation while exercising their functions as such and during their journeys to and from the place of meeting, and such exemptions shall also be enjoyed by the spouses of the representative;

(b)except in so far as in any particular case any exemption is waived by the appropriate authority of any international organisation, the Secretary-General and Assistant Secretary General of the International Organizations, then spouses and children under the age of eighteen;

(c)except in so far as in any particular case any exemption is waived by the Secretary-General or other appropriate authority of an International Organisation; such officials of the Organisation, other than the officials specified in subparagraph (b) of this subregulation upon whom the immunities and privileges set out in Part II or Part III of the Fourth Schedule to the Immunities and Privileges (Extension and Miscellaneous Provisions) Ordinance, 1961 have been conferred by an order made under section 7 of the Ordinance, and their spouses and children under the age of eighteen.

(2)The exemption of any person under paragraphs (b) or (c) of subregulation (1) shall cease to have effect upon such person ceasing to be an official to which those paragraphs apply.

(3)In this subregulation—"representative" includes all delegates, deputy delegates, advisers, technical experts and secretaries of delegates in respect of any meeting of an International Organisation or any organ of an International Organisation; and"international Organisation" means the United Nations Organisation, the Organisation of African Unity and any organisation to which section 7 of the Immunities and Privileges (Extension and Miscellaneous Provisions) Ordinance, 1961 applies.

(4)Nothing in this regulation shall apply to any prohibited immigrant or to any person of whom exemption is cancelled or withdrawn by the Minister.

33. Certain regulations to apply to exempt persons

Nothing in regulations 19, 23 or 30 shall apply to any person to whom paragraphs (a), (b), (c) and (d) of subsection (5) of section 15 of the Act refer:Provided that where any such person remains in the United Republic after expiry of the appropriate period specified in those paragraphs, he shall forthwith report to an Immigration Officer.

Part IX – Miscellaneous provisions (regs 34-39)

34. Citizens subject to certain regulations

Subject to the provisions of regulation 35, regulations 19, 20, 22 and 31 shall apply to citizens in the same manner and to the same extent as they apply to other persons.

35. Return by employer

(1)Every person who, in any calendar year, employs any person who is not a citizen of the United Republic, shall between the 1st day of January and the 31st day of March immediately following such year submit to the Director of Immigration Services, in such form as the Director of Immigration Services may direct, information relating to the following particulars—

(a)the name of each of the non-citizen person employed by him during such calendar year;

(b)the name of each such non-citizen person who left the employment on or before the 1st day of December in such year;

(c)the immigration status of each employee;

(d)such further particulars as the Director of Immigration Services requires.

(2)Any employer who fails to comply with the provisions of subregulation (1) or who in any such return knowingly or recklessly gives any information which is false commits an offence.

36. Exemption from requirements of regulation 35

The Director of Immigration Services may, by notice in the Gazette or by order under his hand, exempt any employer or class of employers from the requirements of regulation 35.

37. General penalty

Any person who commits an offence under these Regulations shall be liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding eighteen months or to both such fine and such imprisonment.

38. Transitional provisions

Notwithstanding the provisions of the Immigration (Transitional and Saving Provisions) Order ⁴ any person who entered the United Republic under an exemption granted under paragraph (a), (b), (c), (d), (e), or (f) of subsection (2) of section 10 of the Immigration Act ⁵ or exemption granted under the Immigration Control Decree of Zanzibar shall if such exemption is in force immediately before the commencement of the Act be deemed to be similarly exempted by virtue of an exemption granted under the provisions of the Immigration Act ⁶*.⁴G.N. No. 657A of 1997⁵Act No. 8 of 1972⁶Cap. 54

39. Revocation

[Revokes the Immigration Regulations ⁷and the Immigration Control Regulations, 1954, made under the Immigration Control Decree of Zanzibar.]⁷G.N. No. 92 of 1972

First Schedule

Forms

TIF 1	Application for First grant/Renewal of Residence permit
TIF 2	Application for Dependant's Pass (Regulation 9)
TIF 3	Application for Visitor's Pass (Regulation 13)
TIF 4	Residence Permit Class A (Section 19)
TIF 4A	Residence Permit Class B (Section 20)
TIF 4B	Residence Permit Class C (Section 21)
TIF 5	Dependant's Pass (Regulation 9)
TIF 6	In-Transit Pass (Regulation 11)
TIF 7	Special Pass ( Regulation 12)
TIF 8	Visitor's Pass (Regulation 13)
TIF 9	Notice to Prohibited Immigrant (Regulation 17)
TIF 10	Declaration of Arrival (Regulation 19)
TIF 11	Declaration of Departure (Regulation 21)
TIF 12	Security Bond (Regulation 24)
TIF 13	General Security Covenant (Regulation 25)
TIF 14	Re-Entry Pass (Regulation 14)
TIF 15	Application Form for Inter-State Pass (Regulation 15)
TIF 16	Inter-State Pass (Regulation 15)
TIF 17	Deportation Order (Section 14)
TIF 17A	Detention Order (Section 14(4))
TIF 18	Landing Pass (Regulation 16)
TIF 19	No Refund Endorsement (Regulation 29)
TIF 20	Return on Non-Citizen Employees (Regulation 36)

Second Schedule

Fees

[G.N.s Nos. 413 of 1998; 431 of 2002]

A. Passport		Fees
1.	Passport Issue Ordinary	20,000/-
2.	Passport Renewal	10,000/-
3.	Diplomatic Passport	15,000/-
4.	Diplomatic Passport Renewal	7,500/-
5.	Passport Issue Service	15,000/-
6.	Passport Renewal Service	7,500/-
7.	East African Passport	7,000/-
8.	East African Passport Renewal	3,500/-
9.	Emergency Travel Document	5,000/-
10.	Certificate of Identity	5,000/-
11.	Document of Identity	5,000/-
12.	Temporary Travel Document	10,000/-
13.	Temporary Travel Document Renewal	5,000/-
14.	Refugees Travel Document (Green BK)	10,000/-
15.	Refugees Travel Renewal	5,000/-

B.	Immigration Passes
1.	Residence Permit Class A:
	(i)	For large capital investors in Companies, Industries, Fishing, Mineral and Transportation:
		First Issue		US$ 1,600
		Renewal		US$ 800
	(ii)	For small scale business, retailers, consumer shops, butcheries:
		First Issue		US$ 600
		Renewal		US$ 300
	(iii)	For peasants:
		First Issue		US$ 50
		Renewal		US$ 50
2.	Residence Permit Class B:
	For employees in industries, private companies, public corporation and musical bands:
	First Issue			US$ 600
	Renewal			US$ 300
3.	Residence Permit Class C:
	For Missionaries, Researchers and Students:
	First Issue			US$ 100
	Renewal			US$ 50
4.	Dependant Pass:
	First Issue			US$ 100
	Renewal			US$ 50
5.	Special Pass			US$ 400
6.	Visitor's Pass			US$ 200
7.	Re-entry Pass			US$ 20
C.	Visas
	(i)	Multiple Visa:
		(a)	For three months	US$ 100
		(b)	For six months	US$ 200
		(c)	For nine months	US$ 300
		(d)	For twelve months	US$ 400
	(ii)	Ordinary Visa		US$ 20
D.	Search fee
	(i)	to foreigners		US$ 5
	(ii)	to citizens		T.Shs. 2000/=

Third Schedule

Points of entry and departure

By aircraft

First column	Second column
Arusha Airport	From 6.30 am–6.30 pm
Bukoba Airport	From 6.30 am–6.30 pm
Dar es Salaam International Airport	All Hours
Dodoma Airport	From 6.30 am–6.30 pm
Kilimanjaro International Airport	All Hours
Kigoma Airport	From 6.30 am–6.30 pm
Karume Airport	From 6.30 am–6.30 pm
Lake Manyara	From 6.30 am–6.30 pm
Mbeya Airport	From 6.30 am–6.30 pm
Moshi Airport	From 6.30 am–6.30 pm
Mtwara Airport	From 6.30 am–6.30 pm
Musoma Airport	From 6.30 am–6.30 pm
Mwadui Airport	From 6.30 am–6.30 pm
Mwanza Airport	From 6.30 am–6.30 pm
Ngara Airport	From 6.30 am–6.30 pm
Seronera Airport	From 6.30 am–6.30 pm
Tabora Airport	From 6.30 am–6.30 pm
Tanga Airport	From 6.30 am–6.30 pm

By vessel

First column	Second column
Dar es Salaam Seaport	From 6.30 am–6.30 pm
Chake Chake Seaport	From 6.30 am–6.30 pm
Itungi Port	From 6.30 am–6.30 pm
Kigoma Port	From 6.30 am–6.30 pm
Kilipu Port	From 6.30 am–6.30 pm
Kasanga Port	From 6.30 am–6.30 pm
Mbambabay Port	From 6.30 am–6.30 pm
Mkoani Seaport	From 6.30 am–6.30 pm
Musoma Port	From 6.30 am–6.30 pm
Mtwara Seaport	From 6.30 am–6.30 pm
Tanga Seaport	From 6.30 am–6.30 pm
Ujiji Port	From 6.30 am–6.30 pm
Wete Seaport	From 6.30 am–6.30 pm
Zanzibar Seaport	From 6.30 am–6.30 pm
Mikokotoni Seaport	From 6.30 am–6.30 pm

By rail

First column	Second column
Dar es Salaam (TAZARA)	From 6.30 am–6.30 pm
Tunduma	All Hours

By road

First column	Second column
Bologonja	From 6.00 am–6.00 pm
Chato	From 6.00 am–6.00 pm
Holili	All Hours
Horohoro	All Hours
Isongole	From 6.00 am–6.00 pm
Ikola	From 6.00 am–6.00 pm
Kabanga	All Hours
Kabwe	From 6.00 am–6.00 pm
Kagunga	From 6.00 am–6.00 pm
Kasumulu	All Hours
Kasanga	From 6.00 am–6.00 pm
Kasesya	All Hours
Kanyigo	From 6.00 am–6.00 pm
Kyaka	All Hours
Kigaramo	From 6.00 am–6.00 pm
Kirando	From 6.00 am–6.00 pm
Mtukula	All Hours
Mgambo	From 6.00 am–6.00 pm
Mihambwe	From 6.00 am–6.00 pm
Minziro	From 6.00 am–6.00 pm
Manyovu	From 6.00am–6.00 pm
Mabamba	From 6.00 am–6.00 pm
Mahurunga	From 6.00 am–6.00 pm
Masuguru	From 6.00 am–6.00 pm
Mihambwe	From 6.00 am–6.00 pm
Mchichira	From 6.00 am–6.00 pm
Mkunya	From 6.00 am–6.00 pm
Mnavira	From 6.00 am–6.00 pm
Mahukulu	From 6.00 am–6.00 pm
Murongo	From 6.00 am–6.00 pm
Mosi	From 6.00 am–6.00 pm
Mugoma	From 6.00 am–6.00 pm
Msimbati	From 6.00 am–6.00 pm
Muyama	From 6.00 am–6.00 pm
Mwakijembe	From 6.00 am–6.00 pm
Namanga	All Hours
Nyabionza	From 6.00 am–6.00 pm
Nyamonga	From 6.00 am–6.00 pm
Rusumo	From 6.00 am–6.00 pm
Shirati	From 6.00 am–6.00 pm
Sindano	From 6.00 am–6.00 pm
Sirari	All Hours
Tarakea	All Hours

Fourth Schedule

Immigration (Alien Board Tenure Proceedings) Regulations

[G.N. No. 433 of 2002]There shall be a fee for conducting a search to any matter concerning immigration at the rate specified below:

1.Tenure of office

(1)A member of the Board shall hold office for a period of three years from the date of appointment and shall be eligible for re-appointment.

(2)In case of a Board member, who is a member by virtue of his holding some office, he shall cease to be a member upon his ceasing to hold that office.

(3)Minister may appoint a memberWhere a person ceases to be a member of the Board for any reason before the expiration of his term of office, the Minister shall appoint another person in his place and the person so appointed shall hold office for the remainder of the term of office of his predecessor.

(4)Disqualification of a memberNo person who has been adjudged or otherwise declared insolvent or bankrupt and has not been discharged or within the period of five years proceeding his appointment, has been sentenced to a term of imprisonment of or exceeding six months imposed without the option of a fine and has not received a free pardon, shall be appointed a member of the Board.

2.Meetings of the Board

(1)The Board shall meet at least four times a year and at such other times as may be necessary or expedient for the transaction of business of the Board.

(2)All meetings of the Board shall be convened by the Chairman.

(3)The members shall elect one of their member to be the Vice-Chairman of the Board and any member so elected shall, subject to his continuing to be a member, hold office for a term of one year from the date of his election and shall be eligible for re-election.

(4)The Chairman may at any time call a special meeting of the Board upon a written request by majority of the members in office.

(5)The Board may require any person to attend any deliberations of the meeting of the Board as an expert by such person so required shall not be allowed to vote.

3.Board members to be paid allowancesThe Chairman and other members of the Board shall be entitled to such allowances and at such rates as the Minister may from time to time approve.

4.Alternate membersIf a Board member is unable for any reason to attend the meeting of the Board, he shall in writing appoint another person from the institution which the member represents to attend the meeting in his place for the purpose of that meeting.

5.Power to regulate its proceduresSubject to the provisions of the Act, the Board shall have power to regulate its own procedures in respect of meetings and the proper conduct of its business.

6.Quorum

(1)Six of the members of the Board shall constitute a quorum at any meeting and all acts, matters and things to be done by the Board shall decided by a simple majority of the members present.

(2)Each member of the Board shall have one vote and in the event of equality of votes the Chairman of the meeting shall have a second or casting in addition to his normal vote.

7.MinutesMinutes in proper form of each meeting of the Board shall be kept and shall be confirmed by the Board at its next meeting and signed by the Chairman and the Secretary at the meeting.

8.Orders, directions, etc.All orders, directions, notices or other documents made or issued by or on behalf of the Board shall be signed by the Chairman or the Vice-Chairman.

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History of this document

23 February 2024 amendment not yet applied

Amended by Immigration (Amendment) Regulations, 2024

01 July 2021 amendment not yet applied

Amended by Immigration (Amendment) Regulations, 2021

02 November 2018 amendment not yet applied

Amended by Immigration (Amendments) Regulations, 2018

19 August 2016 amendment not yet applied

Amended by Immigration (Amendment) Regulations, 2016

27 November 2015 amendment not yet applied

Amended by Immigration (Amendment) Regulations, 2015

01 July 2011 amendment not yet applied

Amended by Immigration (Amendment) Regulations, 2011

26 December 2003 amendment not yet applied

Amended by Immigration (Amendment) Regulations, 2003

30 September 2002 this version

Consolidation

20 September 2002

Amended by Immigration (Amendment) Regulations, 2002

Cited documents 2

Act 2

Criminal Procedure Act

Immigration Act, 1995

Immigration Regulations, 1997

Government Notice 657 of 1997

Immigration Regulations, 1997

Collections

Related documents

Immigration Regulations, 1997

Government Notice 657 of 1997

Part I – Preliminary provisions (regs 1-4)

1. Short title

2. Interpretation

3. Forms

4. Fees

Part II – Residence permits (regs 5-7)

5. Validity of residence permits

6. Grace period on expiry of permit

7. Grace period on cancellation of endorsement

Part III – Entry passes (regs 8-16)

8. Classes of entry passes

9. Dependant's Pass

10. Expiry of Dependant's Pass

11. In-Transit Pass

12. Special Pass

13. Visitor's Pass

14. Re-entry Pass

15. Inter-State Pass

16. Landing Pass

Part IV – Prohibited immigrants (regs 17-18)

17. Notice

18. Recovery of expenses incurred

Part V – Entries and departures (regs 19-22)

19. Declaration of entry

20. Points of entry and departure

21. Duty of persons in charge of ships

22. Where in-transit passenger fails to continue journey

Part VI – Securities (regs 23-27)

23. Deposit of sums of money

24. Employer's bond

25. Savings of bonds under repealed legislation

26. Employer's duty to give particulars

27. Restriction on variation of tickets

Part VII – General provisions (regs 28-30)

28. Effect of non-payment of fee

29. Holder of permit or pass to report address

30. Appearance before an Immigration Officer

Part VIII – Exemptions (regs 31-33)

31. Exemption from section 15(1) of the Act

32. Officer and members of International Organizations

33. Certain regulations to apply to exempt persons

Part IX – Miscellaneous provisions (regs 34-39)

34. Citizens subject to certain regulations

35. Return by employer

36. Exemption from requirements of regulation 35

37. General penalty

38. Transitional provisions

39. Revocation

First Schedule

Forms

Second Schedule

Fees

Third Schedule

Points of entry and departure

By aircraft

By vessel

By rail

By road

Fourth Schedule

Immigration (Alien Board Tenure Proceedings) Regulations

History of this document

23 February 2024 amendment not yet applied

01 July 2021 amendment not yet applied

02 November 2018 amendment not yet applied

19 August 2016 amendment not yet applied

27 November 2015 amendment not yet applied

01 July 2011 amendment not yet applied

26 December 2003 amendment not yet applied

30 September 2002 this version

20 September 2002

Related documents

Is amended by

Cited documents 2