Immigration Act, 2000 Act 573

IMMIGRATION ACT, 2000 (ACT 573)
ARRANGEMENT OF SECTIONS
Section
PART I—ENTRY AND DEPARTURE
1. Disembarkation
2. Appearance before immigration officer on entering Ghana
3. Illegal place of entry and border-resident
4. Conditions for entry into Ghana
5. Re-entry Visa
6. Power to make enquiries
7. Power to detain a person for further examination
8. Prohibited immigrant
9. Embarkation
10. Appearance before immigration officer of person leaving Ghana
11. Illegal exit
12. Conditions of departure
PART II—RESIDENCE AND EMPLOYMENT OF FOREIGN NATIONALS IN GHANA
13. Residence permits
14. Indefinite residence status
15. Indefinite residence status generally
16. Indefinite residence status for foreign spouses
17. Right of Abode
18. Consequences of indefinite residence status and right of abode status
19. High Court may revoke the right of abode status
20. Expiration and revocation of permit or other authorisation
21. Removal of illegal immigrants
22. Authority of immigration officer to arrest and prosecute
23. Renewal of permits
24. Employment of foreign nationals
25. Establishment of Immigrant Quota Committee
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mmigration officer to arrest and prosecute
23. Renewal of permits
24. Employment of foreign nationals
25. Establishment of Immigrant Quota Committee
1

26. Composition of the Committee
27. Functions of the Committee
28. Work permit and immigrant quota
29. Other bodies dealing with immigrant quotas
30. Change or cessation of employment
31. Annual returns
32. Renewal of quotas and work permits
33. Employers guarantee
34. Registration of foreign nationals in Ghana
PART III—DEPORTATION
35. Person liable to deportation
36. Deportation order
37. Effect of deportation order
38. Power to arrest
39. Power to record identification
40. Supervision order
41. Expenses of deportation
PART IV—EXEMPTION, DETENTION AND PETITION
42. Exemption of crew entering Ghana
43. Liability of master or other person for detention expenses
44. Power to search vessel or aircraft
45. Offence in Ghanaian territorial zone
46. Submission of petitions
47. Petition not to act as stay of action
PART V—MISCELLANEOUS PROVISIONS AND OFFENCES
48. Refugees
49. Prohibited areas
50. Returns to the Minister
51. Residual powers
52. Offences
2

53.Burdenofproof
54 . Carrier liability
55 .Regulatio ns
56 . Interpretation
57 .Repeals or savings
SCIIEDULE
Schedule
3

sidual powers
52. Offences
2

53.Burdenofproof
54 . Carrier liability
55 .Regulatio ns
56 . Interpretation
57 .Repeals or savings
SCIIEDULE
Schedule
3

ACT 573
REPUBLIC OF GHANA
FIVE HUNDRED AND SEVENTY-THREE
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
THE IMMIGRATION ACT, 2000
AN ACT to re-enact with amendments the law relating to immigration; to provide for the
admission, residence, employment and removal of foreign nationals and to provide for related
matters. DATE OF ASSENT: 2nd February, 2000
BE IT ENACTED by Parliament as follows
PART I—ENTRY AND DEPARTURE
Section 1—Disembarkation. A person in charge of a sea-going vessel, aircraft or vehicle arriving at any port or place in
Ghana shall not permit a passenger who embarked outside Ghana to disembark until
disembarkation has been authorised by the immigration officer. Section 2—Appearance Before Immigration Officer on Entering Ghana. (1) A person entering Ghana shall enter at an authorised point and shall proceed to the nearest
immigration office, produce his travel document and complete the prescribed forms. (2) A person who arrives by sea or air in Ghana at a place other than an authorised place or
port, shall within forty-eight hours proceed to and report to the immigration officer at the
nearest immigration post.

her than an authorised place or
port, shall within forty-eight hours proceed to and report to the immigration officer at the
nearest immigration post.

(3) An immigration officer to whom a person reports in accordance with this section shall, if
the person is not prohibited from entering Ghana, and he is satisfied by documentary or other
evidence of the person's identity grant that person entry subject to this Act. (4) An immigration officer may dispense with the personal attendance of any person if he is
satisfied by documentary or other evidence of that person’s identity and right to enter Ghana. 4

e with the personal attendance of any person if he is
satisfied by documentary or other evidence of that person’s identity and right to enter Ghana. 4

(5) This section does not apply to any person who enters Ghana in direct transit to a place
outside Ghana where that person arrives in:
(a) a vessel which is proceeding to a place outside Ghana and does not disembark from the
vessel;
(b) an aircraft, and does not leave the transit area of the airport and leaves Ghana within twenty-
four hours of arrival on the same aircraft or another aircraft; or
(c) a vehicle or vessel or aircraft and is escorted by an immigration officer from the point of
entry to the exit point, and leaves Ghana within forty-eight hours of arrival. (6) Any person who contravenes this section commits an offence and is liable on summary
conviction to a fine not exceeding five million cedis or imprisonment for a term not exceeding
twelve months or to both. (7) Subject to this Act, Regulations may provide for passengers in transit without entry visa to
enter Ghana for the purpose of seeing places of interest. Section 3—Illegal Place of Entry and Border-Resident. (1) A person shall not enter Ghana except by one of the approved places of entry into Ghana.

st. Section 3—Illegal Place of Entry and Border-Resident. (1) A person shall not enter Ghana except by one of the approved places of entry into Ghana.

(2) For the purposes of this section, an approved place of entry is—
(a) a place in Ghana in respect of which landing or docking rights have been granted to an
aircraft or vessel; or
(b) a place specified in the Schedule to this Act. (3) The Minister in consultation with the Immigration Service Board may by legislative
instrument amend the Schedule to this Act. (4) Regulations may be made under this Act to provide for free movement across the border of
a border-resident for the purpose of attending to his routine economic or social matters. (5) Without prejudice to any other penalty imposed by or under this Act a person who
contravenes a provision of this section commits an offence and is liable on summary conviction
to a fine of not less than one million cedis or to a term of imprisonment of not less than three
months and not exceeding twelve months or to both
Section 4—Conditions for Entry into Ghana.

cedis or to a term of imprisonment of not less than three
months and not exceeding twelve months or to both
Section 4—Conditions for Entry into Ghana.

(1) Subject to this Act where an immigration officer is satisfied that a person other than a citizen
of Ghana entering Ghana;
(a) is in possession of a valid passport or other travel document and a valid visa to enter Ghana
where applicable;
(b) is exempted from obtaining a visa to enter Ghana;
(c) has his name endorsed upon a visa and is in the company of the holder of the visa;
(d) has applied and been granted an emergency entry permit; or
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c) has his name endorsed upon a visa and is in the company of the holder of the visa;
(d) has applied and been granted an emergency entry permit; or
5

(e) is a person admitted to diplomatic status by the Government of Ghana, the immigration
officer may permit that person to enter Ghana for a period that may be specified. (2) A prohibited immigrant within the meaning of section 8 shall not be permitted to enter
Ghana. (3) Where a person who appears before an immigration officer does not have a visa or an
emergency entry permit, the immigration officer may grant him a visa subject to such
conditions as may be prescribed by Regulations, and to such other conditions that the
immigration officer may impose. (4) Conditions prescribed for the purpose of this section may relate to—
(a) security to be furnished whether by bond, deposit or otherwise, and the liability of the person
who provides the security;
(b) place of residence in Ghana;
(c) occupation or business to be followed or undertaken;
(d) any activities which might offend the religious beliefs of any section of the community;
(e) in the case of permission for passing through Ghana, the route to be followed; and
(f) in the case of any condition or permit in the form of a pass, the return of the pass. Section 5—Re-entry Visa.

hana, the route to be followed; and
(f) in the case of any condition or permit in the form of a pass, the return of the pass. Section 5—Re-entry Visa.

(1) Where a person lawfully in Ghana who is not—
(a) a citizen of Ghana; or
(b) the holder of residence permit, seeks to leave Ghana temporarily he may apply to the
Director in the prescribed manner for a re-entry visa authorizing him to re-enter Ghana. (2) Upon application made under sub-section (1) and the payment of the prescribed fee, the
Director may issue to the applicant a re-entry visa to be stamped in the applicant’s passport or
other travel document and this shall be valid until it expires or is cancelled. Section 6—Power to Make Enquiries. The Director or any immigration officer authorised by him may before the issue of any permit
or visa under this Act make enquiries or require the production of evidence in order to satisfy
himself as to the truth of any statement made in the application for the permit. Section 7—Power to Detain a Person for Further Examination. (1) Where an immigration officer is in doubt as to the right of any person to enter Ghana, the
officer may send that person to be detained and that person shall remain in custody pending the
determination of the matter.

erson to enter Ghana, the
officer may send that person to be detained and that person shall remain in custody pending the
determination of the matter.

(2) The Director may pending the completion of enquiries in respect of a detained person,
release that person from custody upon such directions as he may determine and may for that
purpose, issue a temporary permit to that person. 6

person,
release that person from custody upon such directions as he may determine and may for that
purpose, issue a temporary permit to that person. 6

(3) A person who refuses or neglects to comply with a direction given by an immigration officer
under sub-section (1) or who leaves the detention area in contravention of sub-section (1)
commits an offence and is liable on summary conviction to a fine not exceeding five million
cedis or imprisonment for a term not exceeding twelve months or both. Section 8—Prohibited Immigrant.

conviction to a fine not exceeding five million
cedis or imprisonment for a term not exceeding twelve months or both. Section 8—Prohibited Immigrant.

(1) A Person other than a citizen of Ghana is a prohibited immigrant for the purposes of this
Act if that person:
(a) has a deportation order in force against him made under this Act or any other enactment;
(b) is unable to show that he has the means of supporting himself and his dependants if any,
or is destitute and likely to be a burden on the public;
(c) refuses to submit to a medical examination after being required to do so by a health officer;
(d) has been sentenced in a foreign country for any extraditable crime within the Extradition
Act of Ghana;
(e) has been certified by a health officer to be medically unfit to enter Ghana;
(f) has been declared by the Minister by executive instrument to be a person whose entry into
Ghana is not conducive to the public good;
(g) procures or attempts to bring into Ghana any person for the purpose of prostitution or other
immoral purpose;
(h) is a person whose activities are contrary to the laws of Ghana; or
(i) is the dependent of to person to whom any of the provisions of this subsection applies.

son whose activities are contrary to the laws of Ghana; or
(i) is the dependent of to person to whom any of the provisions of this subsection applies.

(2) A person who enters Ghana while he is a prohibited immigrant commits an offence and is
liable on summary conviction to a fine not exceeding ten million cedis or to imprisonment for
a term of not less than six months and not exceeding two years or to both. (3) Where a person is charged with an offence under subsection (2), the burden of proof that
he is not a prohibited immigrant lies upon that person. (4) An immigration officer may—
(a) prevent a prohibited immigrant from entering Ghana, or if he has already entered Ghana,
direct him to depart from Ghana by the first available means, and may use all necessary force
to ensure compliance with his directive;
(b) direct a prohibited immigrant not to disembark from any ship, vehicle or aircraft on which
he may be, or not to depart from any place where he may be, except to go to some other place
approved by the immigration officer; or
(c) arrest a prohibited immigrant without warrant and effect his repatriation or arraign him
before a court for an offence under sub-section (2).

; or
(c) arrest a prohibited immigrant without warrant and effect his repatriation or arraign him
before a court for an offence under sub-section (2).

(5) Where an immigration officer directs a prohibited immigrant to depart from Ghana by the
first available means under paragraph (a) of sub-section (4), he may at the same time direct the
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a prohibited immigrant to depart from Ghana by the
first available means under paragraph (a) of sub-section (4), he may at the same time direct the
7

person in charge or the owner or agent of any vessel, vehicle or aircraft from which the
prohibited immigrant disembarked to remove him from Ghana by the first available means. (6) A person who fails to comply with a directive given under subsection (5) to remove a
prohibited immigrant commits an offence and is liable on summary conviction to a fine not
exceeding five million cedis or to imprisonment for a term not exceeding twelve months or to
both. (7) Where a directive has been given under paragraph (a) or (b) of subsection (4), the person
to whom the directive has been given shall be deemed to be in lawful custody. Section 9—Embarkation. A person in charge of a vessel, aircraft or vehicle departing from any port or place in Ghana
shall not permit any passenger to embark until embarkation has been authorised by an
immigration officer. Section 10—Appearance Before Immigration Officer of Person Leaving Ghana. (1) A person leaving Ghana shall appear before an immigration officer at the immigration post
at any of the approved places of departure. (2) The immigration officer may examine a person who appears before him and shall ask that
person to complete a form as may be prescribed.

departure. (2) The immigration officer may examine a person who appears before him and shall ask that
person to complete a form as may be prescribed.

(3) The immigration officer may dispense with personal attendance of any person leaving
Ghana if he is satisfied by documentary or other evidence of the person’s identity and his right
to leave Ghana. (4) A person who wilfully or recklessly makes a statement to an immigration officer which is
false or who refuses to answer a question properly put to him by an immigration officer may
be disallowed re-entry into Ghana temporarily. Section 11—Illegal Exit. (1) A person shall not leave Ghana, except by an approved place of departure. (2) Without prejudice to any other penalty imposed by or under this Act, a person, who
contravenes subsection (1) commits an offence and is liable on summary conviction to a fine
of not less than one million cedis or to a term of imprisonment of not less than three months or
more than one year or to both. (3) For the purpose of this section, an approved place of departure is a place mentioned in
section 3, sub-section (2) of this Act. Section 12—Conditions of Departure.

se of this section, an approved place of departure is a place mentioned in
section 3, sub-section (2) of this Act. Section 12—Conditions of Departure.

Subject to this Act where an immigration officer is satisfied that a person leaving Ghana:
(a) is not a wanted person;
(b) is in possession of a valid travel document;
(c) has a valid visa to enter the country of destination; and
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ng Ghana:
(a) is not a wanted person;
(b) is in possession of a valid travel document;
(c) has a valid visa to enter the country of destination; and
8

(d) is not in arrears of payment of fees or penalty to the Director the officer may permit that
person to leave Ghana on completing the prescribed form and endorse his passport or travel
document. PART II—RESIDENCE AND EMPLOYMENT OF FOREIGN NATIONALS IN GHANA
Section 13—Residence Permits. (1) A person who has been lawfully admitted entry into Ghana, may upon an application to
the Director in the prescribed manner, be issued with a residence permit. (2) The Director may grant residence permit for up to a period not exceeding eight years, except
that, a residence permit shall not be for more than four years in the first instance. Section 14—Indefinite Residence Status. (1) The Director may with the approval of the Minister grant an indefinite residence status to a
person who satisfies the Director that he is qualified under section 15 or 16 of this Act for that
status. (2) An application for an indefinite residence status shall be made to the Director in the
prescribed form and a copy shall be submitted to the Minister by the Director. Section 15—Indefinite Residence Status Generally.

o the Director in the
prescribed form and a copy shall be submitted to the Minister by the Director. Section 15—Indefinite Residence Status Generally.

(1) Subject to this Act, a person qualifies for indefinite residence status if that person:
(a) has resided in Ghana throughout the period of twelve months immediately preceding the
date of the application;
(b) has during the seven years immediately preceding the period of the twelve months, resided
in Ghana for a period amounting in the aggregate to not less than five years;
(c) is of good character as attested to in writing by two Ghanaians who are notaries public,
lawyers, senior public officers or any other class of persons approved of by the Minister;
(d) has not been sentenced to a period of imprisonment of twelve months or more;
(e) has made or is in the opinion of the Minister capable of making a substantial contribution
to development of Ghana;
(f) intends to reside permanently in Ghana upon the grant of the status; and
(g) possesses a valid residence permit on the date of his application.

a;
(f) intends to reside permanently in Ghana upon the grant of the status; and
(g) possesses a valid residence permit on the date of his application.

(2) The Director may in special circumstances and with the approval of the Minister
(a) allow a continuous period of twelve months ending not more than six months before the
date of application to be reckoned for purposes of subsection (1)(a) of this section;
(b) allow periods of residence earlier than seven years before the date of application to be
reckoned in computing the aggregate period mentioned in subsection 1(b) of this section. (3) Where a person is granted an indefinite residence status and absents himself from Ghana
for more than twelve consecutive months he automatically loses that status. 9

is granted an indefinite residence status and absents himself from Ghana
for more than twelve consecutive months he automatically loses that status. 9

(4) A person who loses an indefinite residence status under subsection (3) may apply to the
Director for reinstatement, except that the application shall be treated as a fresh application
subject to such conditions as the Director may determine. Section 16—Indefinite Residence Status for Foreign Spouses. (1) A foreign national married to a citizen of Ghana is entitled to indefinite residence in Ghana
if that foreign national:
(a) has resided in Ghana throughout the period of twelve months immediately preceding the
date of the application;
(b) has immediately preceding the period of the twelve months, resided in Ghana for an
aggregate period of not less than two years;
(c) has not been convicted of any offence and sentenced to a period of imprisonment of twelve
months or more;
(d) intends to reside permanently in Ghana upon the grant of the status; and
(e) is in possession of a valid residence permit on the date of the application.

ends to reside permanently in Ghana upon the grant of the status; and
(e) is in possession of a valid residence permit on the date of the application.

(2) The Director may in such special circumstances as he thinks fit and with the approval of
the Minister allow a continuous period of six months and an aggregate period of one year to be
substituted for the twelve months and two years respectively provided under paragraphs (a)
and (b) of subsection (1). (3) Where a foreign spouse who is granted an indefinite residence status stays away from Ghana
for more than twelve consecutive months that foreign spouse automatically loses the status. (4) A foreign spouse who loses an indefinite residence status under subsection (3) may apply
to the Director for reinstatement, except that the application shall be treated as a fresh
application subject to such conditions as the Director may determine. (5) The separation, divorce or death of a spouse in a marriage to which this section applies
shall not affect the indefinite residence status held by the foreign spouse immediately before
the occurrence of the event.

which this section applies
shall not affect the indefinite residence status held by the foreign spouse immediately before
the occurrence of the event.

(6) Notwithstanding any provision of this section, a foreign spouse whose marriage is no
longer in existence may upon application to the Director be granted indefinite residence status
subject to evidence that the marriage was contracted in good faith. Section 17—Right of Abode. (1) Subject to this section the Minister may on an application and with the approval of the
President grant the status of right of abode to any of the following persons:
(a) a Ghanaian by birth, adoption, registration or naturalisation within the meaning of the
Citizenship Act who by reason of his acquisition of a foreign nationality has lost his Ghanaian
citizenship; and
(b) a person of African descent in the Diaspora. 10

t who by reason of his acquisition of a foreign nationality has lost his Ghanaian
citizenship; and
(b) a person of African descent in the Diaspora. 10

(2) A Ghanaian citizen to whom paragraph (a) of subsection (1) applies shall produce to the
Minister such documentary and other evidence that the Minister may require testifying to the
loss of his Ghanaian citizenship by reason of having acquired another citizenship. (3) A person of African descent in the Diaspora qualifies to be considered for the status of a
right of abode if he satisfies the Minister that he:
(a) is of good character as attested to by two Ghanaians who are notaries public, lawyers, senior
public officers or other class of persons approved of by the Minister;
(b) has not been convicted of any criminal offence and been sentenced to imprisonment for a
term of twelve months or more;
(c) is of independent means:
(d) is in the opinion of the Minister capable of making a substantial contribution to the
development of Ghana; and
(e) has attained the age of eighteen years. Section 18—Consequences of Indefinite Residence Status and Right of Abode Status.

evelopment of Ghana; and
(e) has attained the age of eighteen years. Section 18—Consequences of Indefinite Residence Status and Right of Abode Status.

(1) A person with indefinite residence status or a person with right of abode status is—
(a) entitled to remain indefinitely in Ghana;
(b) entitled to enter Ghana without a visa;
(c) entitled to work in Ghana either as self employed or as an employee without a work permit;
and
(d) subject to the laws of Ghana. (2) A non-Ghanaian child or other non-Ghanaian dependent of a person with
(a) indefinite residence status; or
(b) right of abode status is eligible for a dependency permit. (3) A dependency permit may on an application be issued by the Director and shall be subject
to such conditions as shall be specified therein. (4) For the purposes of subsection (2) “a child” means a natural or an adopted child under the
age of eighteen years. Section 19—High Court may Revoke the Right of Abode Status.

section (2) “a child” means a natural or an adopted child under the
age of eighteen years. Section 19—High Court may Revoke the Right of Abode Status.

(1) The High Court may on an application by the Attorney-General deprive a person with a
right of abode status of that status on the ground that—
(a) the activities of that person are inimical to the security of the State or prejudicial to public
order, public health, morality or public interest;
(b) the right was acquired by fraudulent misrepresentation or any other illegal or irregular
means; or
(c) the holder of the status no longer qualifies under this Act. 11

quired by fraudulent misrepresentation or any other illegal or irregular
means; or
(c) the holder of the status no longer qualifies under this Act. 11

Section 20—Expiration and Revocation of Permit or Other Authorisation. (1) A person shall not remain in Ghana after the expiration of any permit issued to him. (2) Subject to section 19 the Director may during the validity of any permit or visa granted to
a person to enter or remain in Ghana
(a) revoke the permit on grounds of fraudulent misrepresentation or concealment or any other
illegal practice;
(b) revoke the permit on grounds that the conditions governing the permit have been broken;
or
(c) impose fresh conditions in relation to that permit;
and shall take reasonable steps to communicate notice of the revocation, or other fresh
conditions to the person concerned. (3) Where a permit is revoked and notice has been given and the holder of that permit is:
(a) present in Ghana, he shall not remain in Ghana after the revocation and shall be removed
from Ghana in accordance with the provisions of this Act and be prohibited from re-entering
Ghana temporarily, or in the case of a prohibited immigrant, permanently; or
(b) outside Ghana, he shall be prohibited from re-entering Ghana temporarily, or in the case of
a prohibited immigrant, permanently.

, permanently; or
(b) outside Ghana, he shall be prohibited from re-entering Ghana temporarily, or in the case of
a prohibited immigrant, permanently.

(4) A person, who enters or re-enters or remains in Ghana in contravention of any order made
under this section, commits an offence and is liable on summary conviction to a fine of not less
than one million cedis or to imprisonment for a term of not less than three months or more than
one year. (5) Where a permit is revoked the revocation applies to—
(a) a person whose name is endorsed in the permit;
(b) any spouse of the holder of the permit where the spouse was issued with the permit in
consequence of the issue of a permit to the other spouse; and
(c) any dependent of the holder of the permit who is not a citizen of Ghana. (6) Notification of a revocation to the holder of the permit constitutes notification to the persons
mentioned in subsection (5). Section 21—Removal of Illegal Immigrants. (1) Where the presence of a person in Ghana is unlawful, that person may be repatriated from
Ghana by an order of the Director. (2) Where a person is ordered to be removed from Ghana under this Act, that person may be
arrested and detained for such period as may be necessary for making arrangements for his
removal.

moved from Ghana under this Act, that person may be
arrested and detained for such period as may be necessary for making arrangements for his
removal.

(3) A person may for the purpose of subsection (1) be detained in any police station or
immigration detention area. 12

(3) A person may for the purpose of subsection (1) be detained in any police station or
immigration detention area. 12

Section 22—Authority of Immigration Officer to Arrest and Prosecute. An immigration officer enforcing this Act has the authority and powers of a police officer
relating to arrest, detention and search. Section 23—Renewal of Permits. (1) A person who has been granted a permit to remain in Ghana under section 4 of this Act,
may within one month before the permit expires apply to the Director in the prescribed manner
for a renewal of the permit. (2) An application for a renewal of a permit shall be treated as an application for a permit under
section 4(1) of this Act, except that the Director may renew the permit with effect from the date
of issue or from the date of expiry of the previous permit. Section 24—Employment of Foreign Nationals. Subject to this Act a person shall not employ any foreign national in Ghana except in
accordance with a permit granted by the Immigrant Quota Committee established under section
25 of this Act. Section 25—Establishment of Immigrant Quota Committee. There is hereby established an Immigrant Quota Committee referred to in this Act as “the
Committee”. Section 26—Composition of the Committee.

mmittee. There is hereby established an Immigrant Quota Committee referred to in this Act as “the
Committee”. Section 26—Composition of the Committee.

(1) The Committee consists of the following members:
(a) the Deputy Minister who is the chairman;
(b) the Director of Immigration or his representative not below the position of a Deputy
Director; and
(c) a representative of the;
(i) Ministry of the Interior;
(ii) Ministry of Employment and Social Welfare;
(iii) Ministry of Trade and Industry;
(iv) Registrar-General’s Department;
(v) Ghana Investments Promotion Centre;
(vi) Bank of Ghana;
(vii) Statistical Service; and
(viii) Ghana Employers Association. (2) The representative of the Ministry of the Interior is the secretary to the Committee. Section 27—Functions of the Committee. 13

oyers Association. (2) The representative of the Ministry of the Interior is the secretary to the Committee. Section 27—Functions of the Committee. 13

(1) The Committee is responsible for the consideration of all applications for immigrant quota
and work permit and shall submit its recommendations to the Minister for the issue of an
immigrant quota and work permit. (2) The Committee shall be guided in considering an application for immigrant quota and work
permit by the relevant investment laws of the country. (3) The Minister may issue a work permit to any person who is not a prohibited immigrant, a
visitor, tourist, transit passenger or student, and who satisfies the Committee that—
(a) he wishes to enter Ghana in order to take up work or employment;
(b) he is qualified to work or undertake employment in the trade, business or calling in respect
of which the application is made;
(c) his taking up of the work or employment will be to the benefit generally of Ghana; and
(d) he is lawfully resident in Ghana and is qualified to work as an employee or a self-employed. Section 28—Work permit and Immigrant Quota. (1) A work permit granted for the employment of a foreign national shall specify the number
and description of persons authorized to be employed.

ota. (1) A work permit granted for the employment of a foreign national shall specify the number
and description of persons authorized to be employed.

(2) An approval to fill in an immigrant quota may specify the period for which a foreign
national may occupy a particular post while a Ghanaian understudies him to take over on expiry
of the period. (3) A work permit issued to a person shall specify the employer by whom that person is to be
employed and the holder shall not without the consent in writing of the Committee engage in
any form of paid employment or in any business or professional occupation in Ghana, other
than the particular employment, business or professional occupation specified in the work
permit. Section 29—Other Bodies Dealing with Immigrant Quotas. Without prejudice to the generality of section 27 any relevant body granting immigrant quotas
under any other enactment shall continue to exercise that authority subject to the provisions of
this Act. Section 30—Change or Cessation of Employment.

der any other enactment shall continue to exercise that authority subject to the provisions of
this Act. Section 30—Change or Cessation of Employment.

(1) When a foreign national commences work for an employer in Ghana—
(a) the employer shall not later than seven days after the commencement give notice of the
commencement date to the Committee with a copy to the Director in the prescribed form, and
furnish the Director with a letter of guarantee in the prescribed form in respect of the
repatriation expenses of the foreign national; and
(b) the employee shall, not later than seven days after the commencement give notice of the
commencement date to the Committee with a copy to the Director in the prescribed form. (2) When a foreign national ceases to work for an employer in Ghana—
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ment date to the Committee with a copy to the Director in the prescribed form. (2) When a foreign national ceases to work for an employer in Ghana—
14

(a) the employer shall not later than seven days after the cessation give notice of the cessation
to the Committee in the prescribed form with a copy to the Director and shall comply with the
directions of the Director as to arrangements for the repatriation of the foreign national and his
dependents; and
(b) the employee shall not later than seven days after the cessation give notice of the cessation
to the Committee with a copy to the Director in the prescribed form. Section 31—Annual Returns. (1) Not later than fourteen days after the first day of January in each year, a person to whom
an immigrant quota has been granted under this Act or any other enactment, shall send to the
Committee, with a copy to the Director an annual return in the prescribed form giving the
names and addresses of all foreign nationals employed by him in Ghana as at first January and
any other particulars which may be prescribed. (2) Any body corporate which fails to comply with subsection (1) is liable to pay to the
Immigration Service a penalty of five million cedis and any individual who fails to comply
with subsection (1) is liable to pay a penalty of one million cedis.

on Service a penalty of five million cedis and any individual who fails to comply
with subsection (1) is liable to pay a penalty of one million cedis.

(3) A body corporate or an individual that fails to pay the prescribed penalty within seven days
commits an offence and is liable on summary conviction to a fine of ten million cedis or a term
of imprisonment of not less than six months or more than two years or to both. Section 32—Renewal of Quotas and Work Permits. (1) A person who has been granted a permit to work in Ghana under section 27 may one month
before the expiry of that permit apply to the Committee in the prescribed manner for the
renewal of his permit. (2) An application for renewal shall be treated as if it were a fresh application. Section 33—Employers Guarantee. (1) Where an employer furnishes to the Director a letter of guarantee in the prescribed form in
respect of the repatriation of a foreign national, the employer:
(a) is liable to pay under the guarantee the repatriation expenses if the foreign national ceases
for any reason to be employed by the employer; and
(b) is liable to pay under the guarantee the repatriation expenses of the dependants of the foreign
national in the event of the death of the foreign national.

able to pay under the guarantee the repatriation expenses of the dependants of the foreign
national in the event of the death of the foreign national.

(2) The employer may be released from his guarantee if the Director is satisfied that alternative
security for the repatriation of the foreign national and his dependants has been supplied or if
the Director is satisfied that the foreign national and his dependants have left Ghana. Section 34—Registration of Foreign Nationals in Ghana. (1) Subject to this Act a foreign national who remains in Ghana for a period exceeding three
months shall register with the nearest immigration office in a prescribed manner. 15

oreign national who remains in Ghana for a period exceeding three
months shall register with the nearest immigration office in a prescribed manner. 15

(2) A foreign national who fails to comply with subsection (1) commits an offence and is liable
on summary conviction to a fine not exceeding five million cedis or imprisonment for a term
not exceeding twelve months or to both. PART III—DEPORTATION
Section 35—Person Liable to Deportation. (1) A foreign national is liable to deportation if—
(a) a court recommendation for his deportation is effective under subsection (2) of this section;
(b) he has been found by a court to be destitute or without means of support or to be of unsound
mind or mentally handicapped;
(c) he is a prohibited immigrant;
(d) he is in Ghana without a valid permit, or any of the conditions on which his permit was
granted has been broken; or
(e) his presence in Ghana is in the opinion of the Minister not conducive to the public good.

ions on which his permit was
granted has been broken; or
(e) his presence in Ghana is in the opinion of the Minister not conducive to the public good.

(2) A recommendation for deportation is effective if it is made by a court upon conviction for
an offence punishable by a term of imprisonment exceeding three months with or without a
fine and
(a) on an appeal against the conviction, the appellate court has upheld the recommendation; or
(b) no appeal has been brought within the time allowed for appeal but the recommendation was
made by—
(i) the High Court, or
(ii ) an inferior court and has been approved by the Chief Justice. (3) Where a court makes a finding under paragraph (b) of subsection (1), the court shall report
the finding in writing to the Minister. Section 36—Deportation Order. (1) The Minister may by executive instrument order the deportation of any person liable to
deportation. (2) The order may be made subject to such conditions as the Minister may impose. (3) A deportation order may include the dependants of the person to be deported if the Minister
so directs. Section 37—Effect of Deportation Order. (1) A person to be deported shall leave Ghana in accordance with the requirements of the
deportation order and shall so long as the deportation order is in force remain out of Ghana.

l leave Ghana in accordance with the requirements of the
deportation order and shall so long as the deportation order is in force remain out of Ghana.

(2) A person who enters Ghana when a deportation order made against him is in force commits
an offence and is liable on summary conviction to a term of imprisonment not exceeding five
years and may be deported without any further deportation order being made. 16

able on summary conviction to a term of imprisonment not exceeding five
years and may be deported without any further deportation order being made. 16

(3) Where a person to be deported is serving a sentence of imprisonment, he shall unless the
Minister otherwise directs, complete the sentence. Section 38—Power to Arrest. (1) A person, other than a person under a supervision order issued under section 40 of this Act,
who is to be deported or who is liable to deportation may be arrested and detained by the
Director under the authority of the Minister until that person is dealt with under subsection (3). (2) A person to be deported may be conducted in custody to or from any consulate or other
place in Ghana if the attendance of that person is required for the purposes of ascertaining his
nationality or of making arrangements for his admission to another country. (3) A person who is to be deported from Ghana may be placed on board a suitable vessel or
aircraft by an immigration officer and may be lawfully detained on board the vessel or aircraft,
whilst the vessel or aircraft is within the territorial limits of Ghana. Section 39—Power to Record Identification.

d on board the vessel or aircraft,
whilst the vessel or aircraft is within the territorial limits of Ghana. Section 39—Power to Record Identification.

An immigration officer may where a person to be deported is in custody, do all things
reasonably necessary for the identification of that person by means of photography,
measurement and the taking of fingerprints. Section 40—Supervision Order. (1) If, on the expiration of six months from the making of a deportation order, deportation has
not been effected, or if, at any time before the expiration of that period, the Minister is satisfied
that deportation is for any reason impracticable, or undesirable he may by executive instrument
make a further order, to be known as supervision order, with respect to the person to be
deported, requiring that person, while in Ghana to observe any conditions specified in the order
as to:
(a) the area in which he is to reside;
(b) the carrying on by him of political activities;
(c) reporting to the immigration officer and the police from time to time;
(d) the means by which he may gain a livelihood; and
(e) his association with a person with criminal record. (2) The period of six months in subsection (1) shall in respect of a person serving a term of
imprisonment be computed from the end of the term.

cord. (2) The period of six months in subsection (1) shall in respect of a person serving a term of
imprisonment be computed from the end of the term.

(3) A person in respect of whom a supervision order is in force who fails to comply with the
requirement of that order, commits an offence and is liable on summary conviction to a fine of
not less than five hundred thousand cedis or to imprisonment for a term of not less than two
months, or both. (4) The operation of a deportation order made in respect of any person shall be suspended while
a supervision order is in force in relation to that person, but shall revive if the Minister so
directs and in that event the supervision order shall cease to have effect. 17

n force in relation to that person, but shall revive if the Minister so
directs and in that event the supervision order shall cease to have effect. 17

(5) Subject to subsection (4), a supervision order made in respect of any person shall expire
after a period of two years from the date of the order and on the expiration of the supervision
order, the deportation order made in respect of that person, shall also expire. Section 41—Expenses of Deportation. (1) The Director may apply any money or property that belongs to a person to be deported in
payment of the deportation expenses. (2) The person in charge, the owner and the agent of a vessel, aircraft or vehicle from which
any person disembarks in Ghana shall be jointly and severally liable to pay the deportation
expenses of that person to the Director if that person
(a) was a member of a crew of the vessel of aircraft and was left in Ghana in contravention of
section 42 of this Act; or
(b) is a prohibited immigrant and the Minister has made a deportation order in respect of him,
or has been directed to leave Ghana under section 8(4) of this Act.

hibited immigrant and the Minister has made a deportation order in respect of him,
or has been directed to leave Ghana under section 8(4) of this Act.

(3) A person other than a person to whom subsection (2) applies, who is concerned in or
connected with the bringing into Ghana of a prohibited immigrant of the description set out in
section 8(1) of this Act shall be liable to pay to the Director the deportation expenses of that
person. PART IV—EXEMPTION, DETENTION AND PETITION
Section 42—Exemption of Crew Entering Ghana. (1) The members of the crew of a vessel or aircraft arriving in Ghana from abroad may be
permitted to enter Ghana on satisfactory proof of their identity not-withstanding that they may
not have passports, visas, or permits. (2) No member of the crew of a vessel or aircraft shall be discharged or left behind in Ghana
without the consent of an immigration officer. (3) This section does not apply to a member of the crew of a vessel or aircraft who is a citizen
of Ghana. Section 43—Liability of Master or Other Person For Detention Expenses.

pply to a member of the crew of a vessel or aircraft who is a citizen
of Ghana. Section 43—Liability of Master or Other Person For Detention Expenses.

(1) Where any person is in immigration custody under this Act, the master, owner, charterer
and agent of the vessel or aircraft which brought that person to Ghana shall be jointly and
severally liable for all expenses incurred in the detention and maintenance of that person,
except that no liability is incurred where any person detained is subsequently permitted to enter
Ghana. (2) Any expenses to be paid under subsection (1), shall be recoverable as a debt due to the
Government of Ghana from the master, owner, charterer and agent of the vessel or aircraft
jointly and severally. Section 44—Power to Search Vessel or Aircraft. 18

f Ghana from the master, owner, charterer and agent of the vessel or aircraft
jointly and severally. Section 44—Power to Search Vessel or Aircraft. 18

An immigration officer may, for the purpose of satisfying himself whether there is a person he
may wish to examine, search any vessel or aircraft and anything on board it or any vehicle
taken off a vessel or aircraft. Section 45—Offence in Ghanaian Territorial Zone. (1) Where a foreign national is charged with an offence alleged to have been committed aboard
a vessel or an aircraft in Ghanaian territorial waters or airspace, the court may—
(a) on convicting the person charged, order that on the expiration of the sentence, or on the
sooner readiness of the vessel to proceed to sea or the aircraft to take off, the person be held in
custody aboard the vessel or aircraft for conveyance from Ghana; or
(b) on discharging or acquitting the person charged, order that the person be immediately
conveyed back to the vessel or aircraft. Section 46—Submission of Petitions.

ng or acquitting the person charged, order that the person be immediately
conveyed back to the vessel or aircraft. Section 46—Submission of Petitions.

(1) Any person other than a prohibited immigrant aggrieved by a—
(a) refusal to grant or renew a permit under this Act;
(b) revocation of a permit under this Act; or
(c) repatriation ordered by an immigration officer may submit a petition to the Minister within
seven days of such action and the Minister shall subject to subsection (3) take such action as
he considers appropriate. (2) Subsection (1) does not apply to a deportation order issued under an executive instrument
under the hand of the Minister. (3) The Minister shall in determining a petition under subsection (1) be assisted by a committee
comprising the following persons
(a) a representative of the Attorney-General not below the rank of a Senior State Attorney, who
shall be the chairman of the committee;
(b) a representative of the Minister for Foreign Affairs not below the rank of a Director; and
(c) one other person appointed by the Minister who shall not be an officer or employee of the
Immigration Service. Section 47—Petition not to Act as Stay of Action. (1) A petition to the Minister under section 46 shall not act as a stay of the action which has
been petitioned against.

not to Act as Stay of Action. (1) A petition to the Minister under section 46 shall not act as a stay of the action which has
been petitioned against.

(2) Notwithstanding subsection (1) of this section Regulations may provide for conditions in
which a person may be permitted to stay in Ghana pending the hearing of a petition made by
that person. PART V—MISCELLANEOUS PROVISIONS AND OFFENCES
Section 48—Refugees. 19

permitted to stay in Ghana pending the hearing of a petition made by
that person. PART V—MISCELLANEOUS PROVISIONS AND OFFENCES
Section 48—Refugees. 19

The Director upon the recommendation of the Refugee Board shall issue any relevant
immigrant document in respect of a refugee in Ghana. Section 49—Prohibited Areas. (1) The Minister may by legislative instrument declare some areas in Ghana as prohibited to
foreign nationals. (2) A foreign national shall not enter or remain in areas prohibited to foreigners unless he has
a valid prohibited area permit granted by the appropriate authority. (3) A permit granted under subsection (2) shall be subject to such conditions as may be
specified in the permit and prescribed by Regulations made under section 55 of this Act, and
shall be in a prescribed form. (4) A person who contravenes subsection (2) commits an offence and is on summary conviction
liable to a term of imprisonment of not less than three months or to a fine of not less than five
hundred thousand cedis or to both. Section 50—Returns to the Minister.

f imprisonment of not less than three months or to a fine of not less than five
hundred thousand cedis or to both. Section 50—Returns to the Minister.

The Director shall submit to the Minister in a prescribed form the statistics of immigrants at
the end of December of every year including:
(a) nationality and personal data;
(b) economic and social activity undertaken;
(c) reasons for entering;
(d) date of entry; and
(e) type of visa issued. Section 51—Residual Powers. Notwithstanding anything to the contrary in this Act the Minister may revoke or waive any
visa, permit, conditions of entry and any requirement on grounds of—
(a) national interest;
(b) compassionate circumstances; or
(c) any other reasonable ground. Section 52—Offences. (1) A person who—
(a) aids or assists any person to enter Ghana in contravention of this Act;
(b) knowingly harbours any person whom he knows is to be deported or has reasonable grounds
to believe has acted in contravention of this Act;
(c) knowingly permits or assists the escape from any vessel, aircraft or vehicle in Ghana of any
person to be deported;
20

contravention of this Act;
(c) knowingly permits or assists the escape from any vessel, aircraft or vehicle in Ghana of any
person to be deported;
20

(d) disobeys or disregards any obligation imposed or directive given by or under this Act;
(e) knowingly makes or causes to be made any false return, false statement or false
representation in connection with any obligation imposed or directive given by or under this
Act;
(f) restricts or obstructs, any immigration officer in the execution of his duty;
(g) wilfully and without lawful excuse hinders or obstructs any deportation being effected
under this Act;
(h) gives, sells, or lends any registration certificate, card, passport, or permit issued to him
under this Act or any other Act in order that it is used by any other person;
(i) by false declaration obtains or attempts to obtain for himself or any other person any
registration certificate, card, passport, permit or visa, or any other certificate;
(j) without lawful authority uses or has in his possession any forged certificate or card, passport,
permit, visa or other document or any passport, registration certificate or card or other
document on which any visa, photo or endorsement, has been unlawfully made or altered,
commits an offence and is liable on conviction to a fine not exceeding ten million cedis or
imprisonment for a term not exceeding two years or to both.

ommits an offence and is liable on conviction to a fine not exceeding ten million cedis or
imprisonment for a term not exceeding two years or to both.

(2) When a master of a sea-going vessel or captain of an aircraft or driver of a vehicle is charged
with the offence, the clearance outwards of the vessel or aircraft or vehicle may be refused until
the case has been heard and upon conviction the fine imposed has been paid. Section 53—Burden of Proof. In any proceedings under this Act or Regulations made under this Act, or on examination by
an immigration officer, if the question arises:
(a) whether any person is in possession of a passport, visa or permit; or
(b) whether any person is a citizen of Ghana, the burden of proof that that person is in
possession of a passport, visa or permit or that he is a citizen of Ghana, lies on that person. Section 54—Carrier Liability.

f that that person is in
possession of a passport, visa or permit or that he is a citizen of Ghana, lies on that person. Section 54—Carrier Liability.

Where a master of a vessel or a person in charge of an aircraft, or a vehicle aids, abets or permits
any person to disembark from the vessel, aircraft or vehicle or to leave the precincts of the port
in contravention of any of the provisions of this Act he is liable to pay to the immigration
service a penalty of five million cedis and where he fails to pay the penalty within fourteen
days of demand, he commits an offence and is liable on summary conviction to a fine not
exceeding ten million cedis or to imprisonment for a term not exceeding two years or to both. Section 55—Regulations. The Minister in consultation with the Immigration Service Board may by legislative
instrument—
(a) provide for passengers in transit to enter Ghana without entry visa;
(b) amend the Schedule to this Act;
21

e Board may by legislative
instrument—
(a) provide for passengers in transit to enter Ghana without entry visa;
(b) amend the Schedule to this Act;
21

(c) provide for free movement across the borders of border-residents;
(d) provide for the conditions for issue of emergency visas;
(e) provide for conditions and procedures for the issue and renewal of permits under this Act;
(f) require a person in charge of any vessel, aircraft or vehicle leaving Ghana or entering Ghana
to furnish such information as may be prescribed in respect of persons on board who are not
citizens of Ghana;
(g) prescribe for fees to be paid and the forms to be used in respect of any permits and other
matters under this Act; and
(h) generally provide for the effective implementation of the provisions of this Act. Section 56—Interpretation.

and other
matters under this Act; and
(h) generally provide for the effective implementation of the provisions of this Act. Section 56—Interpretation.

In this Act, unless the context otherwise requires—
“authorised point" means an approved place of entry into Ghana;
“a person of African descent in the Diaspora" means a person whose immediate forebears have
resided outside the African Continent for at least three generations but whose origin, either by
documentary proof or by ethnic characteristics is African;
"border-resident" means a national of a neighbouring country who ordinarily resides within
five kilometres radius of either side of Ghana's territorial frontiers with the Republics of Togo,
Burkina Faso and Cote d’Ivoire;
"court" includes a Tribunal;
"dependency permit" means a permit issued by the Minister under Regulations made under
section 55 to a dependent;
"dependent" means a child and a spouse;
"deportation expenses” means the amount of all expenses which are incurred in connection
with the maintenance and transport and removal from Ghana of a person and his dependants
who are deported or otherwise removed from Ghana under the provisions of this Act;
"Director" means the Director of Immigration;
"foreign national" means any person who is not a citizen of Ghana;
"foreign spouse" means a foreign national married to a Ghanaian citizen;
"immigration officer" means any officer of the Immigration Service assigned to act on behalf
of the Director of Immigration;
"Minister" means the Minister responsible for the Interior;
"officer" means an immigration officer;
“passport" means a valid travel document issued to the person producing it by or on behalf of
the country of which he is a subject or a citizen for a period which, according to the laws of
22

issued to the person producing it by or on behalf of
the country of which he is a subject or a citizen for a period which, according to the laws of
22

that country, has not expired and which refers to the person, and is furnished with a photograph
of him;
"permit" includes a visa, a certificate or other authorisation;
“person entering Ghana" includes a person who has entered Ghana but has not complied with
sections 2 and 4 of this Act;
"person leaving Ghana" includes a person who has left Ghana but has not complied with
sections 10 and 12 of this Act;
"person to be deported" means any person in respect of whom a deportation order is made who
is not a person in respect of whom a supervision order has effect;
“port" means seaport or airport or airfield;
"prescribed" means prescribed by Regulations made under this Act.

of whom a supervision order has effect;
“port" means seaport or airport or airfield;
"prescribed" means prescribed by Regulations made under this Act.

“refugee" means a person who owing to well founded fear of being persecuted for reasons of
race, religion, nationality, membership of a particular social group or political opinion, is
outside the country of his nationality and is unable or unwilling to avail himself of the
protection of that country or who not having a nationality and being outside the country of his
former habitual residence is owing to such fear unable or unwilling to return to it, or who owing
to external aggression, occupation, foreign domination or events seriously disturbing public
order in either part or the whole of his country of origin or nationality, is compelled to seek
refuge in another place outside his country; or any person stipulated by the Government to
belong to this class;
“repatriation expenses” has the same meaning as deportation expenses;
“Service” means the Immigration Service;
“vessel” means a sea-going vessel;
“visa” includes a re-entry visa. Section 57—Repeals or Savings. (1) The following enactment are hereby repealed
Aliens Act 1963 (Act 160);
Aliens (Amendment) Act 1965 (Act 265);
Aliens (Amendment) Decree, 1974, (NRCD 259); and
Aliens Act 1963 (Commencement) Instrument 1963 (L.I.

Act 160);
Aliens (Amendment) Act 1965 (Act 265);
Aliens (Amendment) Decree, 1974, (NRCD 259); and
Aliens Act 1963 (Commencement) Instrument 1963 (L.I.

247). (2) Any Regulation, permit, visa, deportation order, supervision orders or authorisation issued,
made or given under any of the repealed enactments and in force immediately before the
coming into force of this Act shall be deemed to have been issued, made or given under the
corresponding provisions of this Act and shall remain in force until otherwise dealt with under
this Act. SCHEDULE
23

Section 3
Approved places of entry into Ghana
BRONG-AHAFO REGION
Atuna
Dormaa Ahenkro-Gonokrom
Nkrankwanta
Kofibadukrom
Kwameseikrom
Sampa
GREATER ACCRA REGION
Kotoka International Airport
Tema
NORTHERN REGION
Bole-Chache
Tatale
UPPER EAST REGION
Bawku-Missiga
Kulungugu
Mognori
Namoo
Paga
Pulimankon
UPPER WEST REGION
Hamile
Tumu
VOLTA REGION
Aflao
Akanu
Baglo
Batume
24

Have-Avi
Honuta
Kpoglo
Leklebi Dafor
Leklebi Kame
Menusu
Nyive
Shia
Tinjase
Wli Afegame
Yawgu
WESTERN REGION
Ellanda Wharf
Dadieso
Elubo
Half Assini, Newtown
Jaway Wharf
Oseikojokrom
Sewum
Takoradi Harbour
Yaakese
Date of Gazette Notification: 11th February, 2000.
25