Laws of Tanzania ActiveTHE IMMIGRATION ACT
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©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.677 CHAPTER 54 THE IMMIGRATION ACT [PRINCIPAL LEGISLATION] Arrangement of Sections Section Title part i PRELIMINARY PROVISIONS 1. Short title. 2. Application. 3. Interpretation. part ii THE IMMIGRATION SERVICES DEPARTMENT 4. Establishment of Immigration Services Department. 5. Appointment of Commissioner General. 6. Officers of Department. 7. Appointment of officers. 8. Regions, districts and entry or exit points. 9. Establishment of Training Academy. 10. Administration of Service. 11. Delegation of powers. 12. Disciplinary authority and procedure. part iii POWERS, RIGHTS AND DUTIES OF IMMIGRATION OFFICERS 13. General duties of Service. 14. General obligation of immigration officer. 15. General right of immigration officer. 16. Non-disclosure of information. 17. Powers to investigate and make inquiry. 18. Powers of arrest and detention. 19. Powers of search and seizure. 20. Entitlement to carry and use arms. 21. Recording of statement. make inquiry. 18. Powers of arrest and detention. 19. Powers of search and seizure. 20. Entitlement to carry and use arms. 21. Recording of statement. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 678 22. Conditional release. 23. Powers of refusal of entry. part iv PROHIBITED IMMIGRANT 24. Meaning of “prohibited immigrant”. 25. Entry, etc., of prohibited immigrants. 26. Arrest and expulsion of prohibited immigrants. 27. Liability of bringing prohibited immigrants into Tanzania. 28. Deportation. part v CONDITIONS OF ENTRY AND RESIDENCE 29. Prohibition on entry without passport, permit or pass. 30. Repealed. 31. Prohibition on employment, study, etc., without permit. 32. Establishment, composition and functions of Board. 33. Classes of residence permits. 34. Power to issue pass. 35. Class “A” residence permit. 36. Class “B” residence permit. 37. Class “C” residence permit. 38. Permits to be issued subject to conditions. 39. Appeals to Minister. 40. Variation of conditions of permits. 41. Dependants of person granted permits. 42. Effect of fraud. 43. Revocation and surrender of permits. part vi MISCELLANEOUS PROVISIONS 44. General power of Minister on prohibition. 45. Evidence. 46. Burden of proof. 47. cation and surrender of permits. part vi MISCELLANEOUS PROVISIONS 44. General power of Minister on prohibition. 45. Evidence. 46. Burden of proof. 47. Offences. 48. Smuggling of immigrants. 49. Indemnification of public officers. 50. Regulations. 51. Exemption. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.679 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 52. Registration of alien immigrants. 53. Reasons for arrest or detention. 54. Repeals. 55. Savings. SCHEDULE THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 52. Registration of alien immigrants. 53. Reasons for arrest or detention. 54. Repeals. 55. Savings. SCHEDULE ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.680 PART I PRELIMINARY PROVISIONS 1. This Act may be cited as the Immigration Act. 2.–(1) This Act shall apply to Tanzania Zanzibar as well as to Mainland Tanzania. (2) Subject to this section, this Act shall not apply to any citizen of Tanzania, except that- (a) an immigration officer may exercise any of the powers conferred upon him by or under this Act, in relation to any person who is a citizen of Tanzania in so far as the exercise of that power is necessary to determine the status of that person as such; (b) a person who is a citizen of Tanzania shall be liable to be proceeded against, convicted and punished for an offence under this Act in respect of any obstruction of, or otherwise in relation to the exercise, by an Short title Application CHAPTER 54 THE IMMIGRATION ACT An Act to provide for the control of immigration into the United Republic and for matters relating to immigration. [1st February, 1998] [GN. No. 51 of 1998] Acts Nos. 7 of 1995 27 of 1997 21 of 2002 15 of 2004 6 of 2008 1 of 2015 8 of 2015 4 of 2016 6 of 2020 9 of 2021 GN. No. y, 1998] [GN. No. 51 of 1998] Acts Nos. 7 of 1995 27 of 1997 21 of 2002 15 of 2004 6 of 2008 1 of 2015 8 of 2015 4 of 2016 6 of 2020 9 of 2021 GN. No. 253 of 1996 253 of 1996 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.681 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] immigration officer, of his powers under this Act, or for an offence under this Act in relation to a person to whom this Act applies generally; and (c) regulations made under paragraph (e), (m), (n), (o) and (p) of subsection (1) of section 50, and in pursuance of subsection (2) of that section, may be applied to persons who are citizens of Tanzania, and to that extent and for those purposes, the provisions of this Act and of regulations shall apply to citizens of Tanzania. re citizens of Tanzania, and to that extent and for those purposes, the provisions of this Act and of regulations shall apply to citizens of Tanzania. (3) The Minister may, in relation to any category or description of persons who are not citizens of Tanzania, make regulations exempting those persons from all or any of the provisions of this Act and- (a) providing for the control of immigration of such persons, whether by requiring them to comply with any such regulations before, on or after entering Tanzania or by prohibiting or regulating the entry into Tanzania of such persons, or otherwise; (b) providing for the registration and identification of such persons for the purpose of the control of immigration, and for all matters incidental thereto; and (c) applying with or without modification all or any of the provisions of this Act and of any regulations made hereunder to such persons. (4) Regulations made under subsection (3)- (a) may impose, for their breach, penalties of a fine not exceeding sixty thousand shillings or imprisonment for a term not exceeding one year or to both; and (b) shall be laid before the National Assembly. 3. xceeding sixty thousand shillings or imprisonment for a term not exceeding one year or to both; and (b) shall be laid before the National Assembly. 3. In this Act, unless the context requires otherwise- “alien immigrant” means any person who is not a citizen of Tanzania; “Board” means the Alien Immigrants Board established under section 32; “child” has the meaning ascribed to it: Interpretation Acts Nos. 15 of 2004 s. 24 1 of 2015 s. 28 8 of 2015 s. 4 6 of 2020 s. 21 9 of 2021 s. 27 6 of 2011 of Zanzibar Cap. 13 Cap. 241 to it: Interpretation Acts Nos. 15 of 2004 s. 24 1 of 2015 s. 28 8 of 2015 s. 4 6 of 2020 s. 21 9 of 2021 s. 27 6 of 2011 of Zanzibar Cap. 13 Cap. 241 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. nt of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 682 (a) in the case of Mainland Tanzania, under the Law of the Child Act; and (b) in the case of Tanzania Zanzibar, under the Children’s Act; “Commission” means a Commission established under section 4 of the Police Force, Prisons Service, Fire and Rescue Force and Tanzania Immigration Services Department Commission Act; “Commissioner General” means the Commissioner General of Tanzania Immigration Services Department appointed in terms of section 5(1) of this Act; “court” means a court of competent jurisdiction; “Department” means the Tanzania Immigration Services Department established under section 4; “dependant” means a person who is materially dependent upon the earnings of another; “deportation order” means an order made under section 28; “destitute person” means a person who, in the opinion of the Commissioner General of Immigration Services, is incapable of supporting himself or his dependants; “Gazetted Officer” means an officer of the Tanzania Immigration Services Department of the rank of, or above the rank of assistant inspector; “Immigration Officer” means an Officer of the Department of a rank as specified under this Act, and includes the Commissioner General; “magistrate” means in the case of Mainland Tanzania a resident magistrate, in the case of Zanzibar, regional magistrate; “medical practitioner” means a medical practitioner registered or licensed under the Medical, Dental and Allied Health Professionals Act; “Ministry” means the Ministry responsible for matters relating to immigration; Cap. sed under the Medical, Dental and Allied Health Professionals Act; “Ministry” means the Ministry responsible for matters relating to immigration; Cap. 152 152 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.683 THE IMMIGRATION ACT [CAP. 54 R.E. f Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.683 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] “Non Commissioned Officer” means an Officer of the Department of the rank of, or below the rank of Sergeant Major; “pass” means a valid pass issued or deemed to have been issued under the provisions of any regulations made under this Act; “passport” means a valid passport issued to a person by or on behalf of the Government or State of which he is a subject or valid travel document issued to a person by an authority recognised by the Government of the United Republic; such passport or document being complete and having attached to it a photograph of the holder and having endorsed on it all particulars, endorsements, photographs and visa required from time to time by the Government or authority issuing that passport or document and by the Government of the United Republic and by any regulations for the time being in force in Tanzania in that behalf: Provided that, when the Government or authority issuing that passport has exempted the holder from the requirement of attaching a photograph to the passport then that passport shall be valid without the photograph; “police officer” means any member of the Police Force of or above the rank of constable; “prohibited immigrant” has the meaning ascribed to that expression in section 24; “residence permit” means a valid permit issued or deemed to have been issued under the provisions of section 35, section 36 or section 37; “ship” includes any vessel, tug, lighter or boat of any kind whether propelled by steam or in any other way or towed; “Training Academy” means the Tanzania Regional Immigration Training Academy established under section 9; pelled by steam or in any other way or towed; “Training Academy” means the Tanzania Regional Immigration Training Academy established under section 9; ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 684 “visa” means a permission granted to a foreigner who intends to enter into Tanzania for business, holiday, study or research or any other approved activity; “work permit” means the work permit issued by the Labour Commissioner pursuant to the Non-Citizens (Employment Regulation) Act. PART II THE IMMIGRATION SERVICES DEPARTMENT1 4.–(1) There is established in the Ministry, a Department known as the Tanzania Immigration Services Department. (2) The Office of the Director of Immigration Services designated as such prior to the establishment of the Department is hereby converted to be the Department. (3) The Department established under subsection (1) shall be a force within the Ministry, and in that capacity- (a) it shall be governed in to a manner and style similar to other forces within the Ministry; and (b) it shall have all the rights and privileges enjoyed by other forces within the Ministry. nd style similar to other forces within the Ministry; and (b) it shall have all the rights and privileges enjoyed by other forces within the Ministry. (4) The Minister may make Regulations prescribing the rights and privileges which may be enjoyed by Immigration Officers of the Department. 5.–(1) There shall be a Commissioner General of the Department who shall be appointed by the President. (2) The Commissioner General shall be the chief executive officer of the Department. 1 Introduced by Act No. 8 of 2015 s. 5. Cap. 436 Establishment of Immigration Services Department Acts Nos. 8 of 2015 s. 5 9 of 2021 s. 28 Appointment of Commissioner General Act No. 8 of 2015 s. 5 6 Establishment of Immigration Services Department Acts Nos. 8 of 2015 s. 5 9 of 2021 s. 28 Appointment of Commissioner General Act No. 8 of 2015 s. 5 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.685 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 6. The Tanzania Immigration Services Department shall consist of the following officers: (a) Gazetted Immigration Officers who shall be- (i) Commissioner General; (ii) Commissioners; (iii) Deputy Commissioners; (iv) Senior Assistant Commissioners; (v) Assistant Commissioners; (vi) Senior Superintendents; (vii) Superintendents; (viii) Assistant Superintendents; (ix) Inspectors; and (x) Assistant Inspectors. (b) Non-Commissioned Immigration Officers who shall be- (i) Sergeant Major; (ii) Staff Sergeant; (iii) Sergeant; (iv) Corporal; and (v) Constable. 7.–(1) The Commissioner, Deputy Commissioner and Senior Assistant Commissioner shall be appointed by the President. (2) Immigration officers from the rank of Assistant Inspector to the rank of Assistant Commissioner shall be appointed by the Commission. (3) Immigration officers of the rank of, or below Sergeant Major shall be appointed by the Commissioner General. shall be appointed by the Commission. (3) Immigration officers of the rank of, or below Sergeant Major shall be appointed by the Commissioner General. 8.–(1) The Department shall be divided into divisions, sections, units, regions, districts, entry or exit points and border posts as the Minister may determine. (2) The responsibilities of the heads of each region, district and entry or exit point office shall be to- (a) co-ordinate and manage all immigration matters within their area of jurisdiction; Officers of Department Acts Nos. 8 of 2015 s. 5 6 of 2020 s. 22 Appointment of officers Acts Nos. 8 of 2015 s. 5 6 of 2020 s. 23 Regions, districts and entry or exit points Acts Nos. 21 of 2002 s. 53 8 of 2015 s. 5 6 of 2020 s. 24 fficers Acts Nos. 8 of 2015 s. 5 6 of 2020 s. 23 Regions, districts and entry or exit points Acts Nos. 21 of 2002 s. 53 8 of 2015 s. 5 6 of 2020 s. 24 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 686 (b) advice the Government into their area of jurisdiction regarding matters pertaining to immigration; (c) collaborate and participate on security matters within their area of jurisdiction; (d) mobilize and sensitize the general public within their area of jurisdiction on immigration in relation to security and development; (e) prepare, organize and supervise working situation report within their area of jurisdiction; (f) facilitate and control immigration activities within their area of jurisdiction; and (g) undertake any such other responsibility as the Commissioner General may direct. 9.–(1) There is hereby established within the Department a training Academy to be known as Tanzania Regional Immigration Training Academy or in its acronym “TRITA”. s hereby established within the Department a training Academy to be known as Tanzania Regional Immigration Training Academy or in its acronym “TRITA”. (2) The Training Academy shall provide basic immigration training promotional training courses and such other training for- (a) persons who intend to join the Department; (b) employees of the Department; or (c) such other person as the Commissioner General may determine. (3) The Commissioner General shall have power to allocate to other training centres persons who intend to join the Department or employees of the Department. (4) The Training Academy shall be under the supervision of the Commissioner responsible for training. (5) The Commissioner General may provide guidance on the conduct and management of the Training Academy. (6) The Commissioner General may, by order published in the Gazette, establish other immigration training centres. [s. 8A] Establishment of Training Academy Act No. 6 of 2020 s. 25 ay, by order published in the Gazette, establish other immigration training centres. [s. 8A] Establishment of Training Academy Act No. 6 of 2020 s. 25 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.687 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 10.–(1) The Commissioner General shall, subject to this Act and directives of the President have command, superintendence and control of the Department. (2) In the performance of his functions under this section, the Commissioner General may issue orders for governing the discharge of duties of the Department. (3) The Commissioner General shall, in the exercise of powers vested to him regarding the operational control of the Department, and subject to the orders, directions and guidance by the Minister, be responsible and accountable to the President. [s. 9] 11.–(1) A Commissioner may, unless otherwise provided under any written law, exercise powers or discharge duties of the Commissioner General. (2) The Commissioner General may, unless otherwise directed by the Minister, authorise any immigration officer of the rank of, or above Senior Superintendent, whether by name or office, to exercise or discharge any of the powers or duties which the Commissioner General is by law entitled to exercise or discharge. er by name or office, to exercise or discharge any of the powers or duties which the Commissioner General is by law entitled to exercise or discharge. (3) This section shall not be deemed to derogate the powers or duties of the Commissioner General. [s. 10] 12.–(1) The final disciplinary authority of the officers appointed under section 7(1) shall be the President. (2) The final disciplinary authority of the officers appointed under section 7(2) shall be the Commission. (3) The final disciplinary authority of the officers appointed under section 7(3) shall be the Commissioner General. (4) The disciplinary procedure for officers referred to under subsection (3) shall be as prescribed in the regulations made under this Act. [s. 11] Administration of Service Acts Nos. 8 of 2015 s. 5 6 of 2020 s. 26 Delegation of powers Act No. 8 of 2015 s. 5 Disciplinary authority and procedure Acts Nos. 8 of 2015 s. 5 6 of 2020 s. 27 of 2015 s. 5 6 of 2020 s. 26 Delegation of powers Act No. 8 of 2015 s. 5 Disciplinary authority and procedure Acts Nos. 8 of 2015 s. 5 6 of 2020 s. 27 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. nt of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 688 PART III POWERS, RIGHTS AND DUTIES OF IMMIGRATION OFFICERS2 13.–(1) The general duties and responsibilities of immigration officers shall be to- (a) manage and monitor entry and exit of migrants; (b) safeguard national borders; (c) facilitate and manage movement of foreigners wishing to enter, stay and reside in the United Republic; (d) facilitate, control and grant citizenship to qualified alien immigrants; (e) counter any event which might be done by a foreigner or any other person that might jeopardise security and economic development and sustainability; (f) investigate national and transnational immigration crimes; (g) cooperate with other security organs in the maintenance of national security; (h) participate in regional integration with a view to identify illegal migrants; (i) facilitate and assist the issuance of national identity cards; (j) coordinate with regional and international agencies in the prevention of transnational organised crime; (k) monitor and coordinate immigration activities outside the United Republic; (l) combat illegal immigrant by cooperating with immigration departments of other countries and international organisations that deals with immigration matters; (m) cooperate with embassies, consulates, airlines and other checkpoint stakeholders with a view to sharing or exchange of information relating to fraud activities; 2 Introduced by Act No. es, airlines and other checkpoint stakeholders with a view to sharing or exchange of information relating to fraud activities; 2 Introduced by Act No. 8 of 2015 s. 5. General duties of Service Act No. 8 of 2015 s. 5 8 of 2015 s. 5. General duties of Service Act No. 8 of 2015 s. 5 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.689 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] (n) conduct operations with a view to combat illegal immigrants and crimes relating to immigration; (o) conduct public awareness campaign on problem and danger of transnational organised crimes; (p) remove all prohibited, unwanted or undesirable immigrants; (q) register all alert listed persons and make follow-ups of all frequenters for security reasons; (r) receive deported Tanzanians and take appropriate legal measures against such deportees; (s) conduct patrols and investigation; (t) subject to the instrument of appointment by the Director of Public Prosecutions, prosecute offences relating to immigration; and (u) perform any other functions as may be conferred on the Department by or under any other written laws. (2) Save as provided for under subsection (1), officers of the Department shall, upon directives by Commissioner General, execute immigration functions in every accredited Tanzania Missions or Embassy. [s. 12] 14. Department shall, upon directives by Commissioner General, execute immigration functions in every accredited Tanzania Missions or Embassy. [s. 12] 14. An immigration officer shall be bound to serve anywhere within the United Republic and may serve in any country or other places in accordance with the exigencies of the Department. [s. 13] 15. An immigration officer shall, in performing of his duties, have the rights as may be prescribed in the regulations. [s. 14] 16. An immigration officer shall not disclose directly or indirectly immigration information to any person unless- (a) it is vital for any proceeding of a court and it has been requested for that purpose; or General obligation of immigration officer Act No. 8 of 2015 s. 5 General right of immigration officer Act No. 8 of 2015 s.5 Non-disclosure of information Act No. 8 of 2015 s. 5 gration officer Act No. 8 of 2015 s. 5 General right of immigration officer Act No. 8 of 2015 s.5 Non-disclosure of information Act No. 8 of 2015 s. 5 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 690 (b) it is requested by the Minister or any other authorised person. [s. 15] 17. An immigration officer shall have powers to investigate and make inquiry on any person who has contravened the provisions of this Act or against any person or he has reasonable cause to believe that the person is or is about to contravene against any person any provisions of this Act or any other written law. [s. 16] 18.–(1) An immigration officer may, without warrant, arrest any person who has committed an offence or who the officer has reasonable cause to believe the person is about to commit an offence under this Act or any other written laws: Provided that, the person arrested under this section shall be brought before a magistrate as soon as is practicable. (2) An immigration officers shall not use excessive force in exercising the powers conferred under subsection (1). gistrate as soon as is practicable. (2) An immigration officers shall not use excessive force in exercising the powers conferred under subsection (1). (3) An immigration officer of or above the rank of Superintendent may order the detention of any person in a lawful custody who is subject to an order of extradition, prohibited immigrant notice or deportation issued pursuant to this Act. (4) Where an immigration officer has, in terms of subsection (3), ordered the detention of any person, he shall fill in a warrant of detention in the prescribed form in respect of such person and forward it to the officer in-charge of the police station or prison in which such person is to be detained. [s. 17] 19.–(1) An immigration officer shall have powers to seize, remove and detain anything which contains or appears to him to be or to contain or likely to contain evidence to prove the commission of an offence under this Act or any other written laws. Powers to investigate and make inquiry Act No. 8 of 2015 s. 5 Powers of arrest and detention Acts Nos. 27 of 1997 s. 18 8 of 2015 s. 5 Powers of search and seizure Act No. 8 of 2015 s. 5 ry Act No. 8 of 2015 s. 5 Powers of arrest and detention Acts Nos. 27 of 1997 s. 18 8 of 2015 s. 5 Powers of search and seizure Act No. 8 of 2015 s. 5 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.691 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] (2) For the purpose of exercising powers and performing duties under this Act, an immigration officer may- (a) without warrant, stop, enter, board and search any person, aircraft, train, vehicle, vessel, ship, building, premises, godown, container, boat or any part thereof, in the United Republic; (b) without a search warrant, stop, enter, board and search any aircraft, train, vehicle, vessel, ship or any part thereof leaving or entering the United Republic in regard to goods carried therein; and (c) require the in-charge of an aircraft, vehicle, train, vessel or ship arriving to the United Republic, to furnish a list of passengers and crew in the aircraft, vehicle, train, vessel or ship as the case may be together with such other information as may be prescribed. t of passengers and crew in the aircraft, vehicle, train, vessel or ship as the case may be together with such other information as may be prescribed. (3) A person who- (a) obstructs or impedes an immigration officer under subsection (2); or (b) refuses to give or gives false information to an immigration officer, commits an offence and on conviction, shall be liable, to a fine of not less than one million shillings or to imprisonment for a term of not less than twelve months, or to both. (4) Where anything is seized in pursuance of the powers conferred by this section, the immigration officer shall issue a receipt acknowledging the seizure bearing the signature of the owner of the thing and those of witnesses to the search, if any. (5) Where a seizure is effected under this section, any articles, documents and other things seized shall, by order of the court, be confiscated. [s. 18] 20. An immigration officer shall be entitled to use arms in the exercise of his functions, duties or powers conferred to him under this Act. [s. 19] Entitlement to carry and use arms Act No. 8 of 2015 s. 5 s in the exercise of his functions, duties or powers conferred to him under this Act. [s. 19] Entitlement to carry and use arms Act No. 8 of 2015 s. 5 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 692 21.–(1) Notwithstanding the provisions of any other written laws, an immigration officer shall have the same powers conferred upon a police officer under the Criminal Procedure Act and the Criminal Procedure Act of Zanzibar, as the case may be, to examine any person acquainted with the facts and circumstances under investigation and reduce into writing any statement made by such person so examined for the purpose of criminal proceedings. (2) In exercise of powers under subsection (1), the immigration officer shall record testimony of a suspect and witness by means of video, still picture and audio technology. [s. 20] 22.–(1) Subject to any direction by the Minister, a person under custody or detention may be granted conditional release in the manner and form prescribed by regulations. (2) Where a person fails to comply with any of the conditions under which a conditional release is issued, an immigration officer may, without warrant arrest and detain that person into custody. [s. 21] 23. tions under which a conditional release is issued, an immigration officer may, without warrant arrest and detain that person into custody. [s. 21] 23. Where an immigration officer, after examining a person seeking to enter into the United Republic, is of the opinion that the entry of such person into the United Republic is contrary to the provision of this Act or any other written law, he may- (a) issue him an order of refused entry; or (b) cause such person to be detained pursuant to section 18(3) and (4) pending the removal of such person from the United Republic. [s. 22] Recording of statement Acts Nos. 7 of 2004 of Zanzibar 8 of 2015 s. 5 Cap. 20 Conditional release Act No. 8 of 2015 s. 5 Powers of refusal of entry Act No. 8 of 2015 s. 5 nt Acts Nos. 7 of 2004 of Zanzibar 8 of 2015 s. 5 Cap. 20 Conditional release Act No. 8 of 2015 s. 5 Powers of refusal of entry Act No. 8 of 2015 s. 5 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.693 THE IMMIGRATION ACT [CAP. 54 R.E. f Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.693 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] PART IV PROHIBITED IMMIGRANT 24.–(1) The expression “prohibited immigrant” means any person who, if he seeks to enter Tanzania is or, if he has entered Tanzania, was at the time of his entry- (a) a destitute person; (b) mentally unfit or a person suffering from mental disorder; (c) a person who- (i) refuses to submit himself to examination by a medical practitioner after having been required to do so; (ii) is certified by a medical practitioner to be suffering from a contagious or infectious disease which makes or which would make his presence in Tanzania dangerous to the public; (d) a person who, not having received a free pardon, has been convicted in any country other than Tanzania of murder or any offence for which a sentence of imprisonment has been passed for any term and who, by reason of the circumstances connected therewith, is considered by the Minister to be an undesirable immigrant; except that this provision shall not apply to offences which, in the opinion of the Minister, are of a political character not involving moral turpitude; (e) a prostitute or a person who is living on or receiving, or who, prior to entering Tanzania, lived on or received, the proceeds of prostitution; (f) a person whose entry into or continued presence in Tanzania is, in the opinion of the Minister or the Commissioner General, undesirable and who is declared by the Minister or the Commissioner General to be a prohibited immigrant; except that every declaration of the Commissioner General under this paragraph shall be subject to confirmation by the Minister, whose decision shall be final; Meaning of “prohibited immigrant” Acts Nos. eral under this paragraph shall be subject to confirmation by the Minister, whose decision shall be final; Meaning of “prohibited immigrant” Acts Nos. 21 of 2002 s. 53(b) 6 of 2008 s. 40 21 of 2002 s. 53(b) 6 of 2008 s. 40 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 694 (g) a person against whom there is in force a deportation order or any order for deportation or expulsion from Tanzania made under the provisions of any law for the time being in force; (h) a person whose presence in or entry into Tanzania is unlawful under any law for the time being in force; (i) a person who is dealing in dangerous drugs; (j) a person who has committed terrorist act or international terrorism; (k) a person who has committed the offence of trafficking in persons; or (l) a dependant of a person to whom any of the preceding paragraphs of this definition apply. (2) Where at any time a person ceases to be a person to whom the provisions of subsection (1) apply, he shall immediately cease to be prohibited immigrant. [s. 23] 25.–(1) Subject to subsection (2), the entry and presence in Tanzania of any prohibited immigrant shall be unlawful. be prohibited immigrant. [s. 23] 25.–(1) Subject to subsection (2), the entry and presence in Tanzania of any prohibited immigrant shall be unlawful. (2) The provisions of subsection (1) shall not apply to any prohibited immigrant who is the holder of a valid permit or pass issued or deemed to have been issued to him under the provisions of this Act unless that permit or pass has been revoked. [s. 24] 26.–(1) Subject to the provisions of this Act, any immigration officer or police officer may prevent any prohibited immigrant from entering Tanzania and may, without warrant, arrest any prohibited immigrant or any person who he has reasonable cause to suspect of having entered Tanzania while being a prohibited immigrant otherwise than in accordance with the provisions of this Act. Entry, etc., of prohibited immigrants Arrest and expulsion of prohibited immigrants rant otherwise than in accordance with the provisions of this Act. Entry, etc., of prohibited immigrants Arrest and expulsion of prohibited immigrants ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.695 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] (2) A person arrested under the provisions of subsection (1) shall, without delay, be brought before a magistrate; except that: (a) where the ship, being a sea-going vessel, or the aircraft, from which such person disembarked is about to depart, he may, instead of being brought before a magistrate, be handed over to the custody of the master of the ship or the captain of the aircraft unless he sooner demands to be taken before a magistrate; (b) where such person entered Tanzania overland or by inland waters, he may, instead of being brought before a magistrate be conducted to and placed across the frontier unless he sooner demands to be taken before a magistrate; or (c) where such person has been declared a prohibited immigrant in Tanzania, he may instead of being brought before a magistrate, be placed in custody until he boards a ship or aircraft or obtains any other means of transport conveying him to any place outside Tanzania. [s. rate, be placed in custody until he boards a ship or aircraft or obtains any other means of transport conveying him to any place outside Tanzania. [s. 25] 27.–(1) A person in charge of any aircraft, train, vehicle or ship bringing into Tanzania any person found, on appearing before an immigration officer, to be a prohibited immigrant, and the owners, agents and charterers in Tanzania of that aircraft, train, vehicle or ship, shall upon being required by an immigration officer to do so, remove that prohibited immigrant from Tanzania and in default, pay to the Government all expenses incurred by the Government in connection with the transport and maintenance of the prohibited immigrant and his deportation from Tanzania. (2) The amount of the expenses referred to in subsection (1) shall be a debt due to the United Republic and shall be recoverable by a suit brought in the name of the Commissioner General in any court of competent jurisdiction. [s. 26] Liability of bringing prohibited immigrants into Tanzania Act No. 8 of 2015 s. 3 Commissioner General in any court of competent jurisdiction. [s. 26] Liability of bringing prohibited immigrants into Tanzania Act No. 8 of 2015 s. 3 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 696 28.–(1) A person, other than a citizen of Tanzania, whose deportation is recommended by the Commissioner General consequent upon his conviction for an offence against any of the provisions of this Act may be deported from Tanzania pursuant to an order under the hand of the Minister. (2) The Minister may make an order requiring- (a) any prohibited immigrant other than a prohibited immigrant who is the holder of a valid pass or other authorisation issued to him under this Act; (b) any person whose entry into Tanzania was, or presence within Tanzania is, unlawful; or (c) any person, other than a citizen of Tanzania, whose conduct or continued presence in Tanzania is, in the opinion of the President, likely to be a danger to peace and good order in Tanzania or is for any other reason undesirable, to be deported from and remain out of Tanzania, either indefinitely or for the period specified in the order. or is for any other reason undesirable, to be deported from and remain out of Tanzania, either indefinitely or for the period specified in the order. (3) An order made under subsection (1) or (2) shall be carried into effect in such manner as the Minister may direct. (4) A person against whom a deportation order is made may, if the Minister so directs, while awaiting deportation and while being conveyed to the place of departure, be kept in custody, and while so kept shall be deemed to be in lawful custody. (5) Where a person is brought before a court under the provisions of this Act and the court is informed that an application for an order under this section has been made in respect of him, the court may direct that, person be detained in custody for any period not exceeding twenty eight days. (6) A deportation order shall remain in force for the period specified therein, unless sooner varied or revoked by the Minister, or, if no period is so specified, until varied or revoked by the Minister. (7) Where a deportation order under this section is made against a person serving a sentence of imprisonment Deportation Act No. 8 of 2015 s. 3 ister. (7) Where a deportation order under this section is made against a person serving a sentence of imprisonment Deportation Act No. 8 of 2015 s. 3 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.697 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] the order shall, if the President so directs, be implemented notwithstanding that the full term of imprisonment has not been served, and any such direction by the President shall be sufficient authority for the release of that person from prison for the purpose of his deportation. [s. 27] PART V CONDITIONS OF ENTRY AND RESIDENCE 29.–(1) Subject to subsections (2) and (3), a person to whom this section applies shall not enter Tanzania from any place outside Tanzania or remain in Tanzania unless- (a) he is in possession of a passport with a visa; (b) he is the holder of or his name is endorsed upon, a residence permit issued under the provisions of this Act; or (c) he is the holder of, or his name is endorsed upon, a pass issued under the provisions of this Act. (2) Notwithstanding subsection (1), the Commissioner General may, in any particular case, allow any person to enter Tanzania without a passport, subject to such conditions as he may impose. Commissioner General may, in any particular case, allow any person to enter Tanzania without a passport, subject to such conditions as he may impose. (3) The Minister may exempt any person or category of persons from the requirement of possessing a passport. (4) Where any permit or pass or any endorsement on a permit or pass is cancelled and no further permit or pass is issued or endorsement made, the presence in Tanzania of the former holder of that permit or pass or of the person whose name was endorsed on that permit or pass, as the case may be, shall not be unlawful by reason only of the provisions of subsection (1) before the date or during the period commencing with, the expiry or cancellation, as may be provided for in relation to permits, passes or endorsements, on permits, passes or endorsements of the relevant category, by regulations made under section 50, unless the Minister directs otherwise. Prohibition on entry without passport, permit or pass Acts Nos. 15 of 2004 s. 25 8 of 2015 s. 3 der section 50, unless the Minister directs otherwise. Prohibition on entry without passport, permit or pass Acts Nos. 15 of 2004 s. 25 8 of 2015 s. 3 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. nt of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 698 (5) The provisions of paragraphs (a) and (b) of subsection (1) shall apply to every person other than- (a) the envoy or other representative of a foreign sovereign power accredited to Tanzania, and members of the official staff and the domestic staff of such envoy or representative; (b) a consular officer or consular employee of a foreign sovereign power appointed to Tanzania and recognised as such by the Government of the United Republic; (c) the wife and dependant children of an envoy or other representative of a foreign sovereign power accredited to Tanzania, or of a member of the official staff of the envoy or other representative or of a consular officer or consular employee of a foreign sovereign power appointed to Tanzania and recognised as such by the Government of the United Republic; (d) a person in the service of the Government of the United Republic or the Revolutionary Government of Zanzibar and stationed in Tanzania who has in his possession a valid passport and satisfies the immigration officer as to his identity and occupation, and the wife and dependant children of such person; except that any person so engaged in the service of the Government of the United Republic or the Revolutionary Government of Zanzibar, may be called upon to provide security either by bond or cash deposit for any expenses which may be incurred by the Government or his employer for repatriating him, his wife and dependant children to his country of origin; (e) any other person in respect of whom the Minister has given directions that he shall be exempt from the provisions of paragraphs (a) and (b) of subsection (1) of this section. ect of whom the Minister has given directions that he shall be exempt from the provisions of paragraphs (a) and (b) of subsection (1) of this section. (6) The wife or any dependant child of any person exempted under subsection (5) shall not engage in any employment, business, trade or profession in Tanzania without first obtaining hild of any person exempted under subsection (5) shall not engage in any employment, business, trade or profession in Tanzania without first obtaining ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.699 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] a residence permit issued or deemed to have been issued to him for that purpose. (7) Where- (a) a person to whom paragraph (a) of subsection (5) refers, ceases to hold that office; (b) a person to whom paragraph (d) of subsection (5) refers ceases to be in the service of the Government of the United Republic or the Revolutionary Government of Zanzibar, or ceases to be stationed in Tanzania; or (c) the Minister gives directions that any exemption granted under paragraph (e) of subsection (5) is revoked or withdrawn, then, on the expiration of one month from the cessation, revocation or withdrawal of the exemption, as the case may be, or such longer period as the Minister may allow, the presence in Tanzania of such person and, in the case of a person to whom paragraph (a), (b), (d) or (e) of subsection (5) refers, of his wife and dependant children, shall, unless otherwise authorised under this Act, be unlawful. aph (a), (b), (d) or (e) of subsection (5) refers, of his wife and dependant children, shall, unless otherwise authorised under this Act, be unlawful. (8) The Minister may, after consulting and obtaining the consent of the President of Zanzibar, by order published in the Gazette, make additional provisions regulating the entry into and exit from Zanzibar for visitors to Tanzania. [s. 28] 30. [Repealed by Act No. 6 of 2020 s. 28.] [s. 29] 31.–(1) A person shall not engage in paid employment under an employer resident in Tanzania except under a permit issued in accordance with the provisions of the Non-Citizens (Employment Regulation) Act. (2) A person shall not for gain or reward engage in any prescribed trade, business, profession or other occupation except in accordance with the terms of an appropriate permit issued in accordance with the Non-Citizens (Employment Regulation) Act. Repealed Prohibition on employment, study, etc., without permit Act No. 1 of 2015 s. 28(b) Cap. 436 with the Non-Citizens (Employment Regulation) Act. Repealed Prohibition on employment, study, etc., without permit Act No. 1 of 2015 s. 28(b) Cap. 436 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 700 (3) A person shall not commence any course of study at an educational institution in Tanzania unless he is the holder of a valid appropriate permit issued in accordance with this Act. [s. 30] 32.–(1) There is hereby established a Board to be known as the Alien Immigrants Board. (2) The Board shall be composed of the following members: (a) a Chairman, being a senior officer in the Ministry responsible for immigration, appointed by the President; (b) the Commissioner for Labour in the Union Government or his representative, who shall be the Secretary of the board; (c) the Commissioner for Labour in the Revolutionary Government of Zanzibar or his representative; and (d) six senior public officers, one of each from the Union Government and the Revolutionary Government of Zanzibar representing the following institutions namely: (i) the Ministry responsible for trade and industry; (ii) the institution responsible for planning matters; and (iii) the institution responsible for the civil service. esponsible for trade and industry; (ii) the institution responsible for planning matters; and (iii) the institution responsible for the civil service. (3) The functions of the Board shall be- (a) to advise the Commissioner General and other relevant authorities on factors to be considered before the Commissioner General or the authority concerned makes a decision to issue business licences or Class B residence permits to alien immigrants; (b) to advise the Commissioner General and other relevant authorities on conditions for, and ways of, controlling and monitoring entry, residence or mobility of any alien immigrant who applies for and is issued with a business licence or Class B residence permit under paragraph (a); Establishment, composition and functions of Board Acts Nos. 1 of 2015 s. 28(c) 8 of 2015 s. 3 licence or Class B residence permit under paragraph (a); Establishment, composition and functions of Board Acts Nos. 1 of 2015 s. 28(c) 8 of 2015 s. 3 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.701 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] (c) to advise the Commissioner General and other relevant authorities on whether or not the business or employment vacancy in which an alien immigrant proposes to be engaged cannot be gainfully filled by citizens of Tanzania; and (d) to advise the Commissioner General generally on any measures for the more effective carrying out of the provisions of this section. (4) The Minister may, by regulations published in the Gazette, prescribe the tenure of members and proceedings of the Board and otherwise in relation to the Board. (5) The Minister may amend, vary or revoke the regulations made under subsection (4) of this section. [s. 31] 33.–(1) There shall be three classes of residence permits to be known respectively as Class A permits, Class B permits and Class C permits. n. [s. 31] 33.–(1) There shall be three classes of residence permits to be known respectively as Class A permits, Class B permits and Class C permits. (2) A residence permit may be issued for any period not exceeding three years and may be renewed for any period not exceeding two years by an endorsement of renewal effected on it by the Commissioner General but so that the total period of the validity of the original permit and of its renewals shall not in any case exceed five years. (3) The power to issue any class of permit shall be vested in the Commissioner General. (4) Subject to this Act and in particular the provisions of this Part, any person who is granted a certificate of incentives pursuant to the Tanzania Investment Act, shall be entitled to an initial automatic immigrant quota of up to five persons during the start period of the investment. (5) In issuing permits pursuant to the application submitted by the Tanzania Investment Centre on behalf of a holder of certificate of incentives, the Commissioner General shall, having due regard to the immigrant quota under subsection (4) and within fourteen days from the date of receipt of the Classes of residence permits Acts Nos. 27 of 1997 s. 25 8 of 2015 s. 3 Cap. 38 subsection (4) and within fourteen days from the date of receipt of the Classes of residence permits Acts Nos. 27 of 1997 s. 25 8 of 2015 s. 3 Cap. 38 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 702 application, issue the permit or indicate to the Centre his reasons for refusal to grant a permit. (6) Notwithstanding subsections (4) and (5), the immigration quota in respect of mining and petroleum operations shall be determined by the investor depending on the nature of the operations. (7) Subject to subsections (4) and (5), the Tanzania Investment Centre shall make an application for an additional person within the immigrant quota to the Commissioner General who may authorise any additional person whom he shall deem necessary after taking into consideration the availability of qualified Tanzanians, complexity of the technology employed by the business enterprise and agreements reached with the investor. [s. 32] 34. Without prejudice to the provisions of section 33, the Commissioner General may, subject to the regulations prescribed by the Minister, issue temporary passes as the circumstances may require. [s. 33, the Commissioner General may, subject to the regulations prescribed by the Minister, issue temporary passes as the circumstances may require. [s. 32A] 35.–(1) A person, other than a prohibited immigrant, who intends to enter or remain in Tanzania and engage in any trade, business, profession, agriculture, animal husbandry, prospecting of minerals or manufacture may, if the Commissioner General thinks fit after taking into consideration the conditions of the work permit issued by the Labour Commissioner to that effect, be granted a class A permit if: (a) such person or some other person on his behalf furnishes security by depositing with an immigration officer such sum as in the opinion of the immigration officer, is sufficient to cover the cost of returning him, his wife and dependant children, if any, to his country of origin or, in the discretion of the immigration officer, to some other country into which he may be admitted, Power to issue pass Act No. 6 of 2020 s. 29 Class “A” residence permit Acts Nos. 1 of 2015 s. 28(d) 8 of 2015 s. 3 ntry into which he may be admitted, Power to issue pass Act No. 6 of 2020 s. 29 Class “A” residence permit Acts Nos. 1 of 2015 s. 28(d) 8 of 2015 s. 3 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.703 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] together with a further sum not exceeding twenty-five per centum of such first-named sum; or (b) he furnishes security by entering into a bond with one or more sureties to be approved by the immigration officer for an amount calculated in accordance with paragraph (a). (2) A person to whom a Class A permit has been granted shall be permitted to enter or remain in Tanzania subject to such conditions relating to: (a) the area within which he may reside; (b) the kind of occupation or business if any, in which he may engage, and the restrictions prohibitions or limitations subject to which he may engage therein; and (c) the duration of his residence in Tanzania, as may be specified in the permit by the Commissioner General. ject to which he may engage therein; and (c) the duration of his residence in Tanzania, as may be specified in the permit by the Commissioner General. (3) Where any person to whom a Class A permit has been granted- (a) fails or ceases to be engaged in the trade, business, profession or other occupation specified in the permit, or (b) engages on any terms, in any trade, business profession or occupation other than the trade, business, profession specified in the permit, the permit shall immediately cease to be valid and the presence of that person in Tanzania shall, subject to the other provisions of this Act, be unlawful. (4) A person, other than a prohibited immigrant, who resides in Tanzania for ten or more years and whose contribution to the economy or the well being of Tanzania and Tanzanians through investment in trade, business, profession, agriculture, animal husbandry, prospecting of minerals or manufacture is immense or of great value may, the Commissioner General after taking into consideration conditions of the work permit issued by the Labour Commissioner to that effect, he may, subject to the other conditions set out in this section, be on conditions of the work permit issued by the Labour Commissioner to that effect, he may, subject to the other conditions set out in this section, be ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 704 granted a class A permit for another period to be determined by the Commissioner General. [s. 33] 36.–(1) A person, other than prohibited immigrant, who has been offered a specified employment in Tanzania and in respect of whom the Commissioner General is satisfied that he possesses the qualifications or skill necessary for that employment and that his employment will be of benefit to Tanzania may, if the Commissioner General thinks fit after taking into consideration conditions of the work permit issued by the Labour Commissioner to that effect, be granted a Class B permit subject to the condition that the employer shall, before entry into Tanzania of that person and his dependants, if any, or before he is granted the permit, give security for the permit and for any other purposes as the Commissioner General may determine. ndants, if any, or before he is granted the permit, give security for the permit and for any other purposes as the Commissioner General may determine. (2) A person to whom a Class B permit is granted shall be permitted to enter or remain in Tanzania subject to any conditions in respect of any of the matters referred to in paragraphs (a), (b) and (c) of subsection (2) of section 35, or any other matter, which the Commissioner General may specify. (3) Where any person to whom a Class B permit has been granted:- (a) fails or ceases to be engaged in the employment specified in the permit; or (b) is engaged, on any terms, in any employment other than the employment specified in the permit, the permit shall immediately cease to be valid and the presence of that person in Tanzania shall, subject to the other provisions of this Act, be unlawful. (4) Where the presence of a person in Tanzania becomes unlawful by virtue of the provisions of subsection (3), the employer specified in the permit of that person shall, within a period of thirty days from the date on which the holder fails or ceases to be employed by that employer, report that failure Class “B” residence permit Acts Nos. 1 of 2015 s. 28(e) 8 of 2015 s. 3 the holder fails or ceases to be employed by that employer, report that failure Class “B” residence permit Acts Nos. 1 of 2015 s. 28(e) 8 of 2015 s. 3 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.705 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] or cessation to an immigration officer; and any employer who refuses or fails to comply with this subsection commits an offence. [s. 34] 37.–(1) A person, other than prohibited immigrant, who is not granted a Class A or Class B permit may, if the Commissioner General thinks fit, be granted a Class C permit subject to any condition in respect of matters referred to in paragraphs (a) and (b) of subsection (1) of section 35, or any other matter, as may be specified by the Commissioner General. (2) A person to whom a Class C permit is granted shall be permitted to enter or remain in Tanzania subject to such conditions as may be specified by the Commissioner General. [s. 35] 38.–(1) A residence permit issued under this Act shall be subject to the conditions prescribed from time to time in respect of the class of that residence permit. sidence permit issued under this Act shall be subject to the conditions prescribed from time to time in respect of the class of that residence permit. (2) The residence permit, irrespective of its class, issued under this Act shall be subject to the condition that if at any time its holder is notified by the Commissioner General that the permit has been revoked in accordance with section 43, that holder shall, within the time specified by the Commissioner General, leave Tanzania. (3) A residence permit issued under this Act to any person intending to visit or to remain in Zanzibar for the duration of the validity of the permit shall be subject to the further condition that the holder shall comply with the provisions of any order made under subsection (8) of section 29. (4) Where it is proved that any person to whom a residence permit was issued has contravened, failed or refused to comply with, any condition subject to which the permit was, or was deemed to have been, issued, then the permit shall expire and the presence of that person in Tanzania shall become unlawful; and if the security furnished- Class “C” residence permit Act No. 8 of 2015 s. 3 Permits to be issued subject to conditions Act No. 8 of 2015 s. 3 ul; and if the security furnished- Class “C” residence permit Act No. 8 of 2015 s. 3 Permits to be issued subject to conditions Act No. 8 of 2015 s. 3 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 706 (a) was furnished by way of deposit, that deposit may be forfeited, or (b) by way of bond, then the Commissioner General may sue for and recover the amount secured by the bond. [s. 36] 39. A person aggrieved by a decision of the Commissioner General refusing an application for a residence permit or varying the conditions or period of validity specified in the permit, may appeal to the Minister against the decision, and the decision of the Minister on that appeal shall be final and shall not be subject to any inquiry by any court of law. [s. 37] 40. Subject to the provisions of this Act relating to any permit or class of permits, the Commissioner General may, on his own motion or on application in the prescribed manner by the holder of a permit issued under this Act, vary the conditions and the period of validity specified in the permit. [s. in the prescribed manner by the holder of a permit issued under this Act, vary the conditions and the period of validity specified in the permit. [s. 38] 41.–(1) Subject to any conditions prescribed in that behalf, the Commissioner General may, on application being made in that behalf in the prescribed form by the holder of or the applicant for a residence permit, endorse on the residence permit the name or names of the wife and the dependant children of the holder or applicant accompanying him to or resident in Tanzania. (2) An endorsement made under subsection (1) shall, unless the Minister in any particular case directs otherwise, expire with effect from the expiration of one month or such further period as the Commissioner General may, on application made to him in that behalf in his discretion allow, from the death of the holder of the residence permit or the date when the wife or child ceases to be a dependant of the holder, or the date when the person whose name is so endorsed ceases to be the wife or, as the case may be, a child, within the meaning of this Act, of Appeals to Minister Act No. 8 of 2015 s. 3 Variation of conditions of permits Act No. 8 of 2015 s. 3 Dependants of person granted permits Act No. 8 of 2015 s. 3 Minister Act No. 8 of 2015 s. 3 Variation of conditions of permits Act No. 8 of 2015 s. 3 Dependants of person granted permits Act No. 8 of 2015 s. 3 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.707 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] the holder, and the presence of that wife or as the case may be, that child, in Tanzania shall unless otherwise authorised under this Act, thereupon be unlawful. [s. 39] 42.–(1) Where- (a) the Commissioner General is satisfied, in the performance of his functions; or (b) it is proved in any proceedings under this Act, that any permit, pass, certificate or other authority issued under this Act was obtained by, or issued in consequence of, any fraud or misrepresentation or the concealment or non-disclosure, whether intentional or inadvertent, of any material particular, that permit, pass, certificate or other authority shall be, deemed to have been, void with effect from the date when it was issued. terial particular, that permit, pass, certificate or other authority shall be, deemed to have been, void with effect from the date when it was issued. (2) Where a permit, pass, certificate or other authority issued under this Act becomes, or is deemed to have been void, by virtue of the provisions of subsection (1), the presence of its holder in Tanzania shall be, and be deemed to have been unlawful from the date when that permit, pass, certificate or authority was issued and the provisions of section 28 of this Act shall apply to him. [s. 40] 43.–(1) The Commissioner General may, by a written notice under his hand, revoke any permit issued under this Act if he is satisfied that the holder- (a) has contravened any of the provisions of this Act or has failed to comply with any requirement made under this Act; (b) obtained any permit by means of any representation which was false in any material particular or by means of concealment of any material information; Effect of fraud Act No. 8 of 2015 s. 3 Revocation and surrender of permits Act No. 8 of 2015 s. 3 by means of concealment of any material information; Effect of fraud Act No. 8 of 2015 s. 3 Revocation and surrender of permits Act No. 8 of 2015 s. 3 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 708 (c) has failed to observe any conditions specified in the permit; (d) has become or is likely to become a charge on the United Republic in consequence of his failure to support himself and any of his dependants who is in Tanzania. (2) A notice revoking a permit issued under this Act shall be served in person on the holder of the permit and shall specify- (a) the permit to be revoked; (b) the date, not being less than three days after the service of the notice, on which the revocation shall take effect; and (c) the ground or grounds on which the revocation is made, and the permit shall cease to be valid on the date specified under paragraph (b). (3) A permit issued under this Act to a person who is a prohibited immigrant shall be of no force and effect and shall be deemed never to have been so issued. (4) The permit issued under this Act to a person who after being issued with it becomes a prohibited immigrant shall cease to be of force and effect at the time when the holder becomes a prohibited immigrant. being issued with it becomes a prohibited immigrant shall cease to be of force and effect at the time when the holder becomes a prohibited immigrant. (5) Where a person issued with a permit of one class of residence permit is subsequently granted a permit of another class, he shall surrender the former permit to an immigration officer for cancellation. (6) Where any person to whom a Class A, Class B or Class C permit has been granted leaves Tanzania permanently, the permit shall be cancelled by an immigration officer and that person shall surrender the permit to an immigration officer for cancellation. (7) A person who contravenes or refuses or fails to comply with any of the provisions of this section commits an offence. [s. 41] er for cancellation. (7) A person who contravenes or refuses or fails to comply with any of the provisions of this section commits an offence. [s. 41] ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.709 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] PART VI MISCELLANEOUS PROVISIONS 44. Notwithstanding any of the other provisions of this Act, the Minister may, in his discretion, prohibit the entry into or presence within Tanzania or any person, other than a citizen of Tanzania, or of any category of persons and, for so long as that prohibition remains in force, the entry into or presence within Tanzania of that person or a person belonging to that category shall be unlawful. [s. 42] 45. tion remains in force, the entry into or presence within Tanzania of that person or a person belonging to that category shall be unlawful. [s. 42] 45. A document purporting to be- (a) a warrant, notice, permit, certificate or other document duly issued under this Act; or (b) a certified true copy of any record kept by the Commissioner General, shall, in any prosecution or other proceedings under or arising from this Act, be prima facie evidence of the facts contained in it and shall be receivable in evidence without proof of the signature or the official character of the person appearing to have signed or certified it; except that the court before which the proceeding is brought may direct that oral evidence be adduced relating to the facts, signature or official character of the person. [s. 43] 46. Where in any proceedings under or for any of the purposes of this Act, any of the following questions is in issue, namely: (a) whether any person is or is not a citizen of Tanzania; or (b) whether any person’s presence within Tanzania is lawful, the burden to prove that that person is a citizen of Tanzania or that his presence in Tanzania is lawful shall lie upon the party contending that, that person is a citizen of Tanzania or, as the case may be, that his presence in Tanzania is lawful. [s. ul shall lie upon the party contending that, that person is a citizen of Tanzania or, as the case may be, that his presence in Tanzania is lawful. [s. 44] General power of Minister on prohibition Evidence Act No. 8 of 2015 s. 3 Burden of proof 44] General power of Minister on prohibition Evidence Act No. 8 of 2015 s. 3 Burden of proof ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. nt of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 710 47.–(1) A person who- (a) fails or refuses to answer any lawful and reasonable question put to him by any immigration officer, or in answer to any such question, gives any information which he knows or has reason to believe to be false; (b) whether within or outside Tanzania, makes any false declaration, return or statement for the purpose of obtaining or assisting another person to obtain any permit, certificate, authorisation pass, visa or endorsement under this Act; (c) alters any permit, certificate, pass, endorsement, authority or other document issued or made in pursuance of this Act, or any copy of any such document; (d) allows or permits any permit, pass, certificate, authority or other document granted or issued to be used by any person not mentioned therein, or falsely represents himself to be the person to whom any permit, pass, certificate, authority or other document has been granted or issued; (e) uses or has in his possession any forged or irregular passport, permit, certificate or any passport or similar document on which any visa or endorsement has been forged, or any passport, permit, certificate or pass which has been altered or issued without lawful authority; (f) obstructs or impedes an immigration officer in the execution of his duties; (g) misleads or attempts to misled an immigration officer seeking, in the execution of his duties, information in relation to any matter; (h) fails to furnish any list or information required to be furnished by him under this Act or regulations made hereunder; (i) unlawfully enters or is unlawfully present within Tanzania in contravention of the provisions of this Act; (j) being a prohibited immigrant, fails to comply with a lawful requirement of the Commissioner General to leave Tanzania; Offences Act No. this Act; (j) being a prohibited immigrant, fails to comply with a lawful requirement of the Commissioner General to leave Tanzania; Offences Act No. 8 of 2015 ss. 3 and 6 GN. No. 253 of 1996 8 of 2015 ss. 3 and 6 GN. No. 253 of 1996 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.711 THE IMMIGRATION ACT [CAP. 54 R.E. f Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.711 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] (k) fails to comply with any term or condition imposed in respect of any permit, certificate or pass issued to him under the provisions of this Act or any regulations made hereunder being a term or condition with which he is required to comply; (l) harbours any person who he knows or has reasonable grounds for believing has committed any of the aforegoing offences; (m) engages in any employment, occupation, trade business or profession, whether or not for gain, profit or other consideration whatsoever without being in possession of a valid residence permit or pass issued to him for such purposes; (n) employs any person whether or not for gain, profit or other consideration, who he knows or has reasonable cause to believe is committing an offence under paragraph (m); (o) falsely presents any passport, entry permit, pass, visa, written authority consent or approval issued to another person as being such document issued to himself; (p) aids or abets any person in committing any of the foregoing offences; and (q) employs any person who is not a citizen of Tanzania and who has no pass or permit authorising him to be so employed, commits an offence. nces; and (q) employs any person who is not a citizen of Tanzania and who has no pass or permit authorising him to be so employed, commits an offence. (2) A person who commits an offence under this Act, except where any other penalty is specifically provided, on conviction shall be liable to a fine not less than five hundred thousand shillings or to imprisonment for a term not exceeding three years or to both. (3) A person who having been deported from Tanzania under the provisions of this Act or any other law for the time being in force, returns to Tanzania while the deportation order is still in force commits an offence and on conviction shall be liable to a fine of not less than one million shillings or to le the deportation order is still in force commits an offence and on conviction shall be liable to a fine of not less than one million shillings or to ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 712 imprisonment for a term not exceeding five years or to both, and may again be deported under the provisions of section 28. ACT [CAP. 54 R.E. 2023] 712 imprisonment for a term not exceeding five years or to both, and may again be deported under the provisions of section 28. (4) Where any prohibited immigrant enters Tanzania from any ship, aircraft or vehicle, whether or not with the knowledge of the owner, agent or person in charge thereof, such owner, agent or person in charge each commits an offence and on conviction shall be liable therefore to a fine of not less than one million five hundred thousand shillings, and, whether or not any prosecution for an offence under this subsection has been commenced, the ship, aircraft or vehicle may, by order of the court, be detained until provisions has been made by the owner, agent or person in charge, as the case may be, to the satisfaction of an immigration officer for the conveyance out of Tanzania of such prohibited immigrant: Provided that, the provisions of this subsection shall not apply where the prohibited immigrant is the holder of a valid pass or other authorisation issued to him under the provisions of this Act authorising him to enter into and remain in Tanzania. the holder of a valid pass or other authorisation issued to him under the provisions of this Act authorising him to enter into and remain in Tanzania. (5) Where any fine is imposed under the provisions of this Act upon any owner, agent or person in charge of any ship, aircraft or vehicle, such vessel, aircraft or vehicle may, by order of the court be detained until such fine has been paid, and in the event of non-payment of the fine within such time as the court may allow, the court may order the attachment and sale of such vessel, aircraft or vehicle in execution of such order for the payment of fine. (6) A police officer may, if he has reasonable cause to suspect that any person has contravened any of the provisions of this Act or of any regulations made under this Act and if he is of opinion that in order to prevent justice from being defeated it is necessary to arrest such person, arrest such person without warrant, and such person shall be brought before a magistrate as soon as possible after such arrest. (7) In any proceeding for an offence under this section, a person shall be deemed to know the contents of any declaration, return or statement which he has signed or marked for the ffence under this section, a person shall be deemed to know the contents of any declaration, return or statement which he has signed or marked for the ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.713 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] purpose of or pursuant to any requirement of this Act or regulations made under this Act, whether or not he has read such declaration, return or statement. [s. 45] 48.–(1) A person who- (a) smuggles immigrants; (b) hosts illegal immigrants; (c) transport illegal immigrants; (d) finances, organises or, aids the smuggling of immigrants; (e) facilitates in anyway the smuggling of immigrants into the United Republic or to a foreign country; (f) commits any fraudulent act or makes any false representation by conduct, statement or otherwise, for the purpose of entering into, remaining in or departing from, or facilitating or assisting the entrance into, reside in or departing from the United Republic; or (g) transports any prohibited immigrants within the United Republic, commits an offence and on conviction, shall be liable to a fine of not less than twenty million shillings or to imprisonment for a term of twenty years. mmits an offence and on conviction, shall be liable to a fine of not less than twenty million shillings or to imprisonment for a term of twenty years. (2) In addition to the penalty imposed for the commission of an offence under this section, the court may on its own motion or on the application by the Attorney General, order confiscation and forfeiture to the Government of- (a) all proceeds and properties derived from the commission of the offence of smuggling immigrants; or (b) anything used for purposes of committing or facilitating the commission of the offence of smuggling immigrants. [s. 31A] 49. A suit shall not lie against any public officer in respect of anything done or omitted to be done by him in good faith in the exercise or purported exercise of any function conferred upon him by this Act. [s. 46] Smuggling of immigrants Act No. 4 of 2016 s. 31 Indemnification of public officers ed exercise of any function conferred upon him by this Act. [s. 46] Smuggling of immigrants Act No. 4 of 2016 s. 31 Indemnification of public officers ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. nt of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 714 50.–(1) The Minister may make regulations- (a) prescribing: (i) terms and conditions subject to which any person may be granted a pass enabling him to enter and remain within Tanzania, the period for which any such pass may be granted, the classes of passes and the person who may issue the same; (ii) terms and conditions subject to which any person may be granted a pass to re-enter Tanzania and the person who may issue such pass; (b) prescribing provisions with regard to the endorsement of passes, the conditions subject to which such endorsement may continue to be valid and the expiry and termination of passes and endorsements thereon; (c) prescribing for the payment and recovery of any expenses incurred by the Government or any person authorised by the Government in that behalf in connection with the detention, maintenance, medical treatment or conveyance to any place outside Tanzania of any person; (d) prescribing the place where, the person or persons to whom, and the manner in which, applications to enter Tanzania shall be made; (e) prescribing the place of or places which entry into Tanzania may be made; (f) prescribing the procedure to be followed by persons entering Tanzania; (g) prescribing the procedure to be followed by persons entering or leaving Zanzibar; (h) prescribing the procedure for the making of applications for issue of visas and fees payable for such visas; (i) prescribing the information to be given by an employer or prospective employer in relation to the arrival or expected arrival in Tanzania of, the taking up or failure to take up employment by, the dismissal from the employment of, or the expiration of determination of Regulations Acts Nos. , the taking up or failure to take up employment by, the dismissal from the employment of, or the expiration of determination of Regulations Acts Nos. 8 of 2015 s. 7 6 of 2020 s. 30 8 of 2015 s. 7 6 of 2020 s. 30 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.715 THE IMMIGRATION ACT [CAP. 54 R.E. f Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.715 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] the contract of employment concerning, any person, other than a citizen of Tanzania, employed or to be employed by the employer; (j) prescribing the fees, if any, to be charged upon application for the grant, issue or renewal of any permit, endorsement or pass; (k) making provision with regard to any delegation of powers authorised by this Act; (l) prescribing the deposit or security, if any, to be made or given in respect of any person who enters or desires to enter, or has entered, Tanzania under the authority of a permit or a pass issued under this Act, the conditions subject to which such deposit or security may be forfeited and the purposes for which any monies so forfeited may be applied; (m) requiring persons entering or leaving Tanzania to furnish to an immigration officer such information as may be prescribed or required by such officer; (n) prescribing the forms to be used for purposes of this Act; (o) prescribing the information to be furnished and the returns to be made by employers with respect to the persons employed by them, including in particular information as to citizenship, nature of employment, qualification and experience of such persons, and as to schemes for the training of citizens of Tanzania for such employment; (p) prescribing anything which is to be or may be prescribed under this Act; (q) providing for: (i) discipline and punishment of the Department; (ii) administration and command of the Department; (iii) description of emblem, uniforms, equipments and rank specifications to be provided for the purpose of the Department; and (iv) procedure and regulations of the Training Academy; orms, equipments and rank specifications to be provided for the purpose of the Department; and (iv) procedure and regulations of the Training Academy; ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE IMMIGRATION ACT [CAP. 54 R.E. 2023] 716 (2) Regulations under paragraph (a) to (q) of subsection (1) may impose, for their breach, penalties of not less than three hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both. [s. 47] 51. The Minister may, by order published in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act or regulations made under this Act, subject to such exceptions, limitations, conditions and restrictions specified in such or any subsequent order. [s. 48] 52. The Minister may make rules for the registration of alien immigrants to Tanzania and prescribe conditions which those persons shall comply with. [s. 49] 53.–(1) A person arrested or detained under the provisions of this Act shall be informed, as soon as reasonably practicable in a language which he understands, of the reason for his arrest, search or detention. f this Act shall be informed, as soon as reasonably practicable in a language which he understands, of the reason for his arrest, search or detention. (2) Notwithstanding the provisions of subsection (1), a person shall not be entitled to be informed as to the grounds of which a decision has been made relating to his being declared a prohibited immigrant or to an order for his deportation. [s. 50] 54. [Repeals the Immigration Act and the Immigration Control Decree of Zanzibar]. [s. 51] 55.–(1) A permit, warrant, direction, certificate, notice or other document and every order of deportation and every security which was valid immediately before the commencement of this Act and: Exemption Registration of alien immigrants Reasons for arrest or detention Repeals Act No. 8 of 1972 Cap. 43 Savings the commencement of this Act and: Exemption Registration of alien immigrants Reasons for arrest or detention Repeals Act No. 8 of 1972 Cap. 43 Savings ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.717 THE IMMIGRATION ACT [CAP. 54 R.E. 2023] (a) which was issued, made, granted or given under the laws repealed by this Act; or (b) whose effect was preserved under the laws repealed by this Act, shall be given effect as if issued, made, granted or given under this Act. (2) A person who before the commencement of this Act was deported or removed from, or required to leave or prohibited from entering into or remaining within the former Republic of Tanganyika, the former People’s Republic of Zanzibar or any part of the United Republic or any law of Zanzibar enacted by the Revolutionary Council of Zanzibar, which was in force immediately before the commencement of this Act shall be deemed to have been deported or removed from, required to leave, or prohibited from entering into or remaining within, as the case may be, the United Republic under this Act. [s. 52] SCHEDULE [Revoked by Act No. 6 of 2020 s. 31] ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.
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