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Immigration and Deportation (General) Regulations, 2011

Statutory Instrument 129 of 2011

The publication date of this work could not be ascertained. We used the date 31 December 2011 because the work was published during the course of the year 2011.
There are outstanding amendments that have not yet been applied. See the History tab for more information.
Citation
Statutory Instrument 129 of 2011
Primary work
Immigration and Deportation Act, 2010
Date
Language
English
Type
Statutory Instrument
Related documents
Zambia
Immigration and Deportation Act, 2010

Immigration and Deportation (General) Regulations, 2011

Statutory Instrument 129 of 2011

  • Published in Zambia Government Gazette on 31 December 2011
  • Assented to on 19 October 2010
  • Commenced
  • [This is the version of this document as it was from 5 April 2012 to 16 February 2017.]
  • [The publication date of this work could not be ascertained. We used the date 31 December 2011 because the work was published during the course of the year 2011.]
  1. [Amended by Immigration and Deportation (General) (Amendment) Regulations, 2012 (Statutory Instrument 21 of 2012) on 5 April 2012]
IN EXERCISE of the powers contained in section fifty-nine of the Immigration and Deportation Act, 2010, the following Regulations are hereby made:

Part I – Preliminary

1. Title

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

2. Interpretation

In these Regulations, unless the context otherwise requires—“admission” has the meaning assigned to it in the Act;"border" has the meaning assigned to it in the Act;[Act No. 18 of 2010]"child" has the meaning assigned to it in the Act;[Act No. 18 of 2010]"citizen" has the meaning assigned to it in the Act;[Act No. 18 of 2010]"COMESA" means the Common Market for Eastern and Southern Africa;[Act No. 18 of 2010]"Department" means the Immigration Department in the Ministry responsible for home affairs;"deportation" has the meaning assigned to it in the Act;[Act No. 18 of 2010]"Director-General" means the Director-General of Immigration;[Act No. 18 of 2010]"educational institution" has the meaning assigned to it in the Act;[Act No. 18 of 2010]"employer" has the meaning assigned to it in the Act;[Act No. 18 of 2010]"established resident" has the meaning assigned to it in the Act;[Act No. 18 of 2010]"exempted person" means a person or class or description of persons exempted by the Minister under the Act from the requirement to obtain an entry permit or pass, or to report entry into, or departure from, Zambia;[Act No. 18 of 2010]"foreigner" has the meaning assigned to it in the Act;[Act No. 18 of 2010]"holder" in relation to a permit, pass or passport, means the person to, or in respect of, whom the permit, pass or passport has been lawfully granted or issued and any other person to, or in respect of, whom the same applies in addition to the holder, and in a like manner as to the holder, whether by reason of the relevant terms or by reason of any duly authorised endorsement or extension thereof;"illegal immigrant" has the meaning assigned to it in the Act;[Act No. 18 of 1210]“ immigration officer ” has the meaning assigned to it in the Act;[Act No. 18 of 2010]“ port of entry ” has the meaning assigned to it in the Act;[Act No. 18 of 2010]“ precincts ” in relation to an airport, port or border means the part of the airport, port or border at which customs and immigration formalities are conducted;“prohibited immigrant” has the meaning assigned to it in the Act;[Act No. 18 of 2010]“residence permit” has the meaning assigned to it in the Act;[Act No. 18 of 2010]“SADC” means the Southern African Development Community;“study permit” has the meaning assigned to it in the Act;[Act No. 18 of 2010]“spouse” has the meaning assigned to it in the Act;[Act No. 18 of 2010]“temporary permit” has the meaning assigned to it in the Act;[Act No. 18 of 2010]“temporary residence permit” has the meaning assigned to it in the Act; and[Act No. 18 of 2010]“visiting permit” means a permit issued pursuant to subsection (2) of section twenty-five of the Act.[Act No. 18 of 2010]

Part II – Entry into, and departure from, Zambia

3. Ports of entry

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

4. Report on entry

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

5. Prohibition of leaving port of entry without authorisation

(1)A person who arrives in Zambia by ship, aircraft, train, vehicle or other conveyance shall not leave the precincts of the airport, port or border unless authorised by an immigration officer.
(2)A person who contravenes sub-regulation (1) commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both.

6. Notice to appear before immigration officer

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

7. Departure declaration

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

Part III – Immigration permits

8. Application for residence permit

(1)An application for a residence permit for a person aged sixteen and above shall be made in Form IV set out in the Second Schedule.
(2)An application for a residence permit for a person between the ages of seven and fifteen, inclusive, shall be made in Form V set out in the Second Schedule.
(3)The Director-General shall—
(a)where an application for a residence permit meets the requirements of the Act and these Regulations, approve the application and issue the residence permit; or[Act No. 18 of 2010]
(b)where an application for a residence permit does not meet the requirements of the Act or these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule, within seven days of the Director-General’s decision.[Act No. 18 of 2010]
(4)A residence permit shall be in Form VII set out in the Second Schedule.

9. Notification of change of address

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

10. Application to change temporary residence status, etc.

(1)An application to change—
(a)a foreigner’s temporary residence status to another temporary residence permit or to a residence permit;
(b)the conditions attached to the temporary residence permit held by a foreigner; or
(c)the conditions attaching to both the status of a foreigner or a temporary residence permit issued in respect of the foreigner;
shall be in Form IX set out in the Second Schedule.
(2)The Director-General shall—
(a)where an application meets the requirements of the Act and these Regulations—
(i)approve the application and inform the applicant of the approval in Form X set out in the Second Schedule; and
(ii)endorse the change on the temporary residence permit or where the foreigner’s status is changed from a temporary residence permit to another temporary residence permit or a residence permit, cancel the first temporary residence permit and issue the applicant with the relevant permit; and
(b)where the application does not meet the requirements of the Act or these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule, within seven days of the Director-General’s decision.[Act No. 18 of 2010]

11. Application to extend validity of temporary residence permit

(1)An application to extend the validity of a temporary residence permit shall be made in Form XI set out in the Second Schedule.
(2)The Director-General shall—
(a)where an application under sub-regulation (1) meets the requirements of the Act and these Regulations, approve the application and endorse the extension on the temporary residence permit; or[Act No. 18 of 2010]
(b)where the application does not meet the requirements of the Act and these Regulations—
(i)reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule; and
(ii)endorse the rejection on the temporary residence permit.
[Act No. 18 of 2010]

12. Application for diplomatic permit

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

13. Diplomatic permit

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

14. Application for spouse permit

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

15. Spouse permit

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

16. Notification of change of marital status

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

17. Application for visiting visa

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

18. Visiting visa

The Director-General shall—
(a)where an application under regulation 17 meets the requirements of the Act and these Regulations, approve the application and issue the applicant with a visiting visa in Form XVII set out in the Second Schedule; and[Act No. 18 of 2010]
(b)where the application does not meet the requirements of the Act and these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule.[Act No. 18 of 2010]

19. Application for visiting permit

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

20. Visiting permit

The Director-General shall—
(a)where an application under regulation 19 meets the requirements of the Act and these Regulations, approve the application and issue the applicant with a visiting permit in Form XIX set out in the Second Schedule; and[Act No. 18 of 2010]
(b)where the application does not meet the requirements of the Act and these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule.[Act No. 18 of 2010]

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

(1)An application to extend the period of validity of a visiting visa or a visiting permit shall be made in Form XI set out in the Second Schedule.
(2)The Director-General shall—
(a)where the application under sub-regulation (1) meets the requirements of the Act and these Regulations, approve the application and endorse the extension on the visiting visa or permit; and[Act No.18 of 2010]
(b)where the application does not meet the requirements of the Act and these Regulations—
(i)reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule; and
(ii)endorse the rejection on the visiting visa or permit.
[Act No.18 of 2010]

22. Application for study permit

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

23. Study permit

The Director-General shall—
(a)where an application under regulation 22 meets the requirements of the Act and these Regulations, approve the application and issue the applicant with a study permit in Form XXI set out in the Second Schedule; and[Act No.18 of 2010]
(b)where the application does not meet the requirements of the Act and these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule.[Act No.18 of 2010]

24. Expiry of study permit

A study permit shall cases to be valid if the holder thereof—
(a)fails, within a period of thirty days from the date of its issue or from the date of the holder’s entry into Zambia, whichever is the later, to enter, as a student, the educational institution in respect of which the study permit was issued; or
(b)having entered an educational institution as a student, at any time thereafter, leaves prior to completing the course of study or ceases to be retained as a student in the educational institution;
with effect from the expiration of the period of thirty days or the date on which the holder leaves or ceases to be a student in the educational institution, as the case may be.

25. Prohibition of admission to educational institution without study permit

(1)A person in charge of an educational institution shall not allow a person who is required to obtain a study permit to attend the educational institution without possession of a study permit.
(2)A person who contravenes sub-regulation (1) commits an offence and is liable, upon conviction to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both.

26. Temporary permit

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

27. Application for employment permit

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

28. Employment permit

The Director-General shall—
(a)where an application under regulation 27 meets the requirements of the Act and these Regulations, approve the application and issue the applicant with an employment permit in Form XXIV set out in the Second Schedule; and[Act No. 18 of 2010]
(b)where the application does not meet the requirements of the Act and these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule.[Act No. 18 of 2010]

29. Application for temporary employment permit

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

30. Temporary employment permit

The Director-General shall—
(a)where an application under regulation 29 meets the requirements of the Act and these Regulations, approve the application and issue the applicant with a temporary employment permit in Form XXVI set out in the Second Schedule; and[Act No. 18 of 2010]
(b)where the application does not meet.[Act No. 18 of 2010]

31. Application for investor’s permit

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

32. Investor's permit

The Director-General shall—
(a)where an application under regulation 31 meets the requirements of the Act and these Regulations, approve the application and issue the applicant with an investor’s permit in Form XXVIII set out in the Second Schedule; and[Act No. 18 of 2010]
(b)where the application meets the requirements of the Act and these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule.[Act No. 18 of 2010]

33. Application for cross border permit

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

34. Cross border permit

The Director-General shall—
(a)where an application under regulation 33 meets the requirements of the Act and these Regulations, approve the application and issue the applicant with a cross border permit in Form XXX set out in the Second Schedule; and[Act No. 18 of 2010]
(b)where the application does not meet the requirements of the Act and these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule.[Act No. 18 of 2010]

35. Asylum seeker’s permit

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

36. Border pass

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

37. Transit visa or permit

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

38. Application to vary conditions or validity of permit

(1)An application to vary the conditions of a permit or visa issued under these Regulations or the period of validity of a permit or visa shall be made in Form IX set out in the Second Schedule.
(2)The Director-General shall—
(a)where the application under sub-regulation (1) meets the requirements of the Act and these Regulations, approve the application and endorse the variation on the permit or visa; and[Act No. 18 of 2010]
(b)where the application referred to in sub-regulation (1) does not meet the requirements of the Act and these Regulations—
(i)reject the application and inform the applicant of the rejection in Form V set out in the Second Schedule; and
(ii)endorse the rejection on the permit or visa.
[Act No. 18 of 2010]

39. Notice of intention to revoke permit

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

40. Revocation of permit

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

41. Appeals

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

Part IV – Prohibited and illegal immigrants

42. Exemption from application of Second Schedule

(1)A certificate of exemption from any or all of the classes of prohibited immigrants set out in the Second Schedule to the Act shall be in Form XXXVII set out in the Second Schedule.
(2)A rejection of a representation to exempt a person from any or all of the classes of prohibited immigrants set out in the Second Schedule to the Act shall be in Form XXXVIII set out in the Second Schedule.
[Act No. 18 of 2010]

43. Notice to prohibited immigrant to leave Zambia

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

44. Warrant of detention of suspected prohibited immigrant

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

45. Warrant of deportation

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

46. Warrant of distress

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

Part V – General provisions

47. Report of inspection

A report of an inspection undertaken pursuant to paragraph (b) of section six of the Act shall be in Form XLIII set out in the Second Schedule.[Act No. 18 of 2010]

48. Search warrant

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

49. Application for court order to search bankers’ books

An application for a court order to search a bank account, share account, expense account or safe deposit of any person, which an immigration officer has reasonable grounds to believe has evidence connected with a contravention of the Act or these Regulations shall be in Form XLV set out in the Second Schedule.[Act No. 18 of 2010]

50. Notice of seizure

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

51. Colours of permits

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

52. Fees

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

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

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

First Schedule (Regulation 3)

Ports of entry

LocationHours of operation
Airports
ChingolaAs required
ChipataAs required
KalaboAs required
KasamaAs required
Livingstone24 hours
Lusaka24 hours
MansaAs required
MbalaAs required
Mfuwe0600 - 1800 hours
MonguAs required
Ndola24 hours
KitweAs required
SeshekeAs required
SolweziAs required
ZambeziAs required
Ports 
MpulunguAs required
Railway Stations
LivingstoneAs required
NdolaAs required
Kapiri MposhiAs required
KasamaAs required
NakondeAs required
Border Controls
Chanida06:00 - 20:00 hours
Chavuma06:00 - 20:00 hours
Chembe06:00 - 20:00 hours
Chipungu06:00 - 20:00 hours
Chirundu06:00 - 20:00 hours
Jimbe Bridge06:00 - 18:00 hours
Kaputa06:00 - 20:00 hours
Kariba06:00 - 20:00 hours
Kasbiba06:00 - 20:00 hours
Kasumbalesa06:00 - 20:00 hours
Katima Mulilo06:00 - 20:00 hours
Kazembe06:00 - 20:00 hours
Kamapanda06:00 - 18:00 hours
Kazungula06:00 - 18:00 hours
Kipushi06:00 - 18:00 hours
Kilwa Island06:00 - 18:00 hours
Luangwa06:00 - 18:00 hours
Lukwesa06:00 - 20:00 hours
Lukulu06:00 - 18:00 hours
Lundazi06:00 - 18:00 hours
Lusuntha06:00 - 18:00 hours
Lumi06:00 - 18:00 hours
Manda06:00 - 20:00 hours
Mokambo06:00 - 20:00 hours
Mulekatembo06:00 - 18:00 hours
Muyombe06:00 - 18:00 hours
Mwandi06:00 - 18:00 hours
Mwase06:00 - 18:00hours
Mwami24:00 hours
Muweji06:00 - 18:00 hours
Mwense06:00 - 18:00 hours
Nchelenge06:00 - 20:00 hours
Kanyala06:00 - 18:00 hours
Sakania06:00 - 20:00 hours
Sinazongwe06:00 - 18:00 hours
Sinda Misale06:00 - 18:00 hours
Nsumbu06:00 - 18:00 hours
Tshinsenda06:00 - 18:00 hours
Nakonde06:00 - 18:00hours
Namafulo06:00 - 20:00 hours
Victoria Falls06:00 - 20:00 hours
Zombe06:00 - 18:00 hours
Internal Controls
ChadizaThe hours observed by the offices of the Provincial and District Administrations at these Stations
Chingola
Chipata
Chibombo
Choma
Kabompo
Kabwe
Isoka
Imusho
Itezhi-Itezhi
Kapiri-Mposhi
Kitwe
Livingstone
Luanshya
Lusaka
Mbala
Mpika
Mporokoso
Mufulira
Mumbwa
Mwinilunga
Ndola
Luangwa
Lusuntha
Serenje
Shangombo
Sikongo
Senanga

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

Forms

[Editorial note: The forms have not been reproduced]

Third Schedule (Regulation 51)

Colours for permits

PermitColour
1. Transit PermitLight Brown
2. Temporary PermitRed
3. Temporary Employment PermitLight Green
4. Employment PermitBrown
5. Investors PermitGrey
6. Study PermitBlack
7. Residence PermitGreen
8. Spouse PermitLight Blue
9. Cross BorderOrange
10. Visiting PermitMiddle Blue
11. Asylum Seekers PermitBlue from visiting permit
12. Diplomatic PermitPurple

Fourth Schedule (Regulation 52)

Prescribed fees

[Fourth Schedule amended by section 2 (a), (b) and (c) of Statutory Instrument 21 of 2012]

A. Individuals

PermitFee units
1.Residence Permit
(a)Issuance22,222
(b)Duplicate22,222
(c)Variation by— 
(i) inclusion of child5,556
(ii) addition of a new business name16,667
(iii) change of occupation16,667
2.Diplomatic permit
(a)IssuanceGratis
(b)RenewalGratis
(c)DuplicateGratis
3.Spouse Permit
(a)Issuance2,778
(b)Renewal5,556
(c)Duplicate2,778
4.Visiting Visa
(a)Single EntryUSD50 or the Kwacha equivaler
(b)Double EntryUSD80 or the Kwacha equivaler
(c)Multiple EntryUSD80 or the Kwacha equivaler
(d)Day TripperUSD20 or the Kwacha equivaler
5.Visiting permit 
 (a)Issuance5,556
 (b)Renewal8,333
 (c)Duplicate5,556
6.Study Permit 
 (a)Issuance8,333
 (b)Renewal11,111
 (c)Duplicate8,333
7.Temporary Permit 
(a)Issuance22,222
(b)Renewal19,444
(c)Duplicate16,667
8.Employment Permit 
(a)Issuance16,667
(b)Renewal19,444
(c)Duplicate16,667
(d)Variation by— 
(i) change of occupation8,333
(ii) addition of names of spouse or child2,778
(iii) change of employer8,333
(iv) change of nationality/name8,333
9.Temporary Employment Permit
(a)Issuance16,667
(b)Renewal19,444
(c)Duplicate16,667
10.Border Pass Issuance II
[item 10 added by section 2(a) of Statutory Instrument 21 of 2012]

B. Non-governmental organisations and other non-profit making organisations

  Fee units
1.Residence Permit 
(a) Issuance8,333
(b) Renewal13,889
(c) Duplicate8,333
2.Employment Permit
(a) Issuance5,556
(b) Renewal8,333
(c) Replacement5,556
(d) Variation by—
(i) change of occupation1,389
(ii) addition of names of spouse or child1,389
(iii) change of employer1,389
3.Study Permit
(a) Issuance4,167
(b) Renewal5,556
(c) Duplicate4,167
(d) Variation5,556
[item 3 added by section 2(b) of Statutory Instrument 21 of 2012]
4.Temporary Permit
(a) Issuance11,111
(b) Renewal13,889
(c) Duplicate11,111
[item 4 added by section 2(b) of Statutory Instrument 21 of 2012]
5.Temporary Employment Permit
(a) Issuance8,333
(b) Renewal11,111
(c) Duplicate8,333
(d) Variation5,556
[item 5 added by section 2(b) of Statutory Instrument 21 of 2012]

C. Governmental and quasi government organisations

 Fee units
1.Residence Permit 
(a) Issuance8,333
(b) Duplicate8,333
(c) Variation by—
(i) change of occupation or employer5,556
(ii) change of nationality or name2,778
(iii) inclusion of child2,778
2.Employment Permit 
(a) Issuance5,556
(b) Renewal3,333
(c) Duplicate5,556
(d) Variation by—
(i) change of occupation2,778
(ii) change of employer2,778
(iii) addition of names of spouse or child2,778
3.Study Permit
(a) Issuance4,167
(b) Renewal5,556
(c) Duplicate4,167
(d) Variation5,556
[item 3 added by section 2(c) of Statutory Instrument 21 of 2012]
4.Temporary Permit
(a) Issuance11,111
(b) Renewal13,889
(c) Duplicate11,111
[item 4 added by section 2(c) of Statutory Instrument 21 of 2012]
5.Temporary Employment Permit
(a) Issuance8,333
(b) Renewal11,111
(c) Duplicate8,333
(d) Variation5,556
[item 5 added by section 2(c) of Statutory Instrument 21 of 2012]
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History of this document

02 November 2022 amendment not yet applied
28 October 2022 amendment not yet applied
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17 February 2017 amendment not yet applied
05 April 2012 this version
31 December 2011
Read this version
19 October 2010
Assented to