tanzania passport and travel document act

Rais wa Jamhuri ya Muungano wa Tanzania na Amiri Jeshi Mkuu, Mhe. Dkt. Samia Suluhu Hassan akionesha Pasipoti Mpya ya Kielektroniki ya Tanzania.

Wasafiri wakipata huduma katika kaunta za uhamiaji, kwenye uwanja wa ndege wa kimataifa wa Abeid Amani Karume -Zanzibar.

Rais wa Jamhuri ya Muungano wa Tanzania na Amiri Jeshi Mkuu Mhe. Samia Suluhu Hassan akimvisha Nishani ya Miaka 60 ya Uhuru CGI Dkt. Anna Makakala ikulu Dsm 09 Disemba 2021

Rais wa Jamhuri ya Muungano wa Tanzania na Amiri Jeshi Mkuu Mhe. Samia Suluhu Hassa akikagua Gadi ya Uhamiaji wakati wa Sherehe za Miaka 60 ya Uhuru 09 Disemba 2021 Dsm

Rais wa Zanzibar Mhe. Dkt Hussein Mwinyi akikagua gadi ya Uhamiaji wakati wa Maadhimisho ya Sherehe za Miaka 58 ya Mapinduzi ya Zanzibar  2022

Rais wa Jamuhuri ya Muungano wa Tanzania, Mhe. Samia Suluhu Hassan  akipanda mti wa kumbukumbu katika Chuo cha Uhamiaji cha Rapheal Kubaga kilichopo Boma Kichakamiba mkoani  Tanga. Mhe. Rais alikuwa hapo kwa ajili ya kuzindua chuo hicho pamoja na kufunga mafunzo ya awali kwa askari wa Uhamiaji.

Ordinary Passport

An ordinary passport may be issued to any citizen of the United Republic of Tanzania for the purpose of travelling outside the United Republic of Tanzania

  Service Passport

A service passport may be issued to a citizen of the United Republic who is entitled to such passport as specified by the Tanzania Passports and Travel documents Act of 2002.

  Diplomatic Passport

A Diplomatic passport may be issued to a citizen of the United Republic who is entitled to such passport as specified by the Tanzania Passports and Travel documents Act of 2002.

  Emergency Travel Document

Emergency travel documents (ETD) may be issued to a citizen of the United Republic of Tanzania who is travelling on an emergency journey. It may also be issued to a citizen of the United Republic who is stranded abroad and cannot get a passport. ETD has a validity of 3 months and it is single journey only.

  Certificate of Identity

This document may be issued to a person who is not a citizen of the United Republic of Tanzania and cannot obtain a passport from the his country of origin or does not have citizenship of any country for the purpose of travelling outside the United Republic of Tanzania.

Geneva Convention Travel Document

This document may be issued to any refugee granted asylum in the United Republic of Tanzania.

Dr. Anna P. Makakala

Commissioner General of Immigration

News and events.

Kamishna Jenerali wa Uhamiaji anawatangazia Vijana waliofaulu usaili na kuchaguliwa, kujiunga na Chuo cha Uhamiaji Raphael Kubaga kilichopo Wilaya ya Mkinga Mkoani Tanga, kuwa wanatakiwa kuripoti tarehe 03 Aprili, 2024...

Kamishna Jenerali wa Uhamiaji anawatangazia vijana waliochaguliwa kujiunga na Idara ya Uhamiaji; ambao walitakiwa kuripoti kwenye mafunzo katika Chuo cha Uhamiaji cha Raphael Kubaga kilichopo mkoani Tanga tarehe 03 Aprili,...

To become an efficient and effective Institution, which provides high quality Immigration services that meet both national and international standards.

To facilitate and control movements of persons through implementation of relevant Laws and Regulations in order to safeguard national security and economic interests.

Migration Security and development.

• Passes and Passports

New Passport  (All Applicants must appear in person at the Tanzania Embassy for finger prints)

Requirements:

• One (1) passport size photos to be uploaded online
• Original and Copy of the Old passport
• Original and Copy of the Birth certificate
• Birth Certificate or Affidavit of one of the parent
• Original and Copy of State issued ID like driver’s license, green card, school Identity, state identity etc.
• Marriage certificate for married women
• In case of changes on name(s), proof from the court is required
• Passport Fee is $90 paid online while filling application
• Shipping label or prepaid envelope

Stolen/Lost Passport

• Police incident report
• Newspaper advertisement
• Notarized information of lost passport
• Letter stating reasons for lost/ stolen or damaged passport
• Original and Copy of State issued ID like driver’s license, green card, etc.
• Original and Copy of Birth certificate
• Fee is $ 250 lost for the first time and $ 350 lost for the second time or more
• Fee is $ 150 for damaged Electronic passport

Emergency Travel Document

• Complete the Emergency Travel Document (ETD) application form (www.immigration.go.tz)
• Original and Copy of Old Passport
• Letter explaining reasons for applying for travel documentation
• Copy of any U.S. ID card or documentation
• If your old passport was stolen/lost, all procedures for stolen/lost passport are to be followed before applying for ETD application
• You may be required for a telephonic interview, as determined by Consular Officer

Please click the link (Application steps for Emergency Travel Document) to get more information on steps for applying Emergency Travel Document.

Children born in the United States

Tanzanian citizens living abroad, are advised to apply Tanzania passport for their children under 18 years who were born in the United States provided that ,at least one of the parent is still holding Tanzania citizenship.

The following documents must be submitted along with application form:

• Child’s birth certificate
• Birth certificate copy of one of the child’s parent who is a citizen of Tanzania
• Tanzania passport copy of one of the child’s parent
• Parental letter to request Tanzania passport for the child
• Passport fee $90 paid online
• Child must appear at the Embassy for Fingerprints, signature and Picture

DEPENDENT PASS This Pass may be issued to;

• Dependent wife;
• Near relatives.

REQUIREMENTS FOR DEPENDENT PASS

• Application form dully filled;
• Security Bond form dully filled (attached with stamp duty worth 500 TSH) form Tanzania Revenue Authority (TRA);
• Copy of applicant’s valid passport;
• Passport copy of the dependant;
• Covering letter;
• Copy of marriage certificate for dependant wife;
• Five passport size photographs;
• In case of renewal- previous Dependant Pass should be attached;
• Copy of Birth Certificate for dependent children
• Copy of Birth Certificate if the dependant is a parent;

NOTE: A male child who is above 18 years old is not entitled to be dependent.

IN TRANSIT PASS This pass may be issued to a foreigner for the purpose of passing through the United Republic of Tanzania to a destination outside the United Republic. Validity of the In-transit Pass shall not exceed seven days.

A SPECIAL PASS This Pass may be issued to a foreigner living in or entering the United Republic of Tanzania in order to afford him an opportunity to apply for and obtain a Residence Permit or Pass or complete any immigration formality.

A VISITORS PASS This Pass may be issued to a prospective visitor to the United Republic of Tanzania for the purpose of:-

• Spending holidays
• Travelling or
• Attending court
• Obtaining medical treatment or
• Any other sufficient reasons.

NOTE: The validity of Visitors pass shall not exceed 90 days or six months for citizens of the EAC Member States.

RE-ENTRY PASS

• Re- entry pass may be issued to any person lawfully entitled to re- enter the United Republic of Tanzania after a journey to any place outside Tanzania.
• A Re-entry Pass shall be valid for such period not exceeding the period of the validity of Residence Permit.

BUSINESS PASS Business Pass may be issued for single or multiple entries to a person from the country whose nationals do not require Visa to enter the United Republic of Tanzania for the purpose of temporarily conducting business, trade, profession or assignment. The validity of Business Visa is three months and it is non- extendable.

MIGRANT PASS Migrant Pass is issued to persons of African descent from neighbouring countries who migrated into the United Republic before 1972 and continues to reside without having a passport or identification from their countries of origin.

STUDENT’S PASS 1  Student’s Pass 1 is issued to any person studying in approved training establishments in the country including children of persons legally residing in the country who are above the age of 18 years.

STUDENT’S PASS 2 Student’s Pass 2 is issued to children of persons legally residing in the country who are below the age of 18 years and have not been endorsed in their parents Residence Permits.  

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PROCEDURES AND REQUIREMENTS ON HOW TO GET TANZANIA PASSPORTS AND TRAVEL DOCUMENTS

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Types of passports and travel documents..

Ordinary Passport

An ordinary passport may be issued to any citizen of the United Republic of Tanzania for the purpose of travelling outside the United Republic of Tanzania

Service Passport

A service passport may be issued to a citizen of the United Republic who is entitled to such passport as specified by the Tanzania Passports and Travel documents Act of 2002.

Diplomatic Passport

A Diplomatic passport may be issued to a citizen of the United Republic who is entitled to such passport as specified by the Tanzania Passports and Travel documents Act of 2002.

East African Passport

East African passport may be issued to citizen of the United Republic of Tanzania who intends to travel within the East African Community Partner States.

Emergency Travel Document

Emergency travel documents may be issued to a citizen of the United Republic of Tanzania who is travelling on an emergency journey. It may also be issued to a citizen of the United Republic who is stranded abroad and cannot get a passport.

Certificate of Identity

This document may be issued to a person who is not a citizen of the United Republic of Tanzania and cannot obtain a passport from the his country of origin or does not have citizenship of any country for the purpose of travelling outside the United Republic of Tanzania.

Geneva Convention Travel Document

This document may be issued to any refugee granted asylum in the United Republic of Tanzania.

CLICK HERE TO READ : 76 Countries Tanzanians Can Travel to Without Visa

Requirements for application of passport.

Application for a passport shall be accompanied by:

A Birth Certificate or Affidavit of Birth or Certificate of Naturalization of the applicant (In case the applicant is a citizen by naturalization).

A birth Certificate or Affidavit of Birth or Certificate of Naturalization of the applicant’s parent or parents.

Recent, clear 5 passport size photographs.

In case the applicant is below the age of 18 years, the parent’s or legal guardian must accompany the applicant and submit a written consent regarding the applicants’ trip outside the country.

Supporting Documents for Specified Trips

1. PRIVATE TRIP

The application for private trip shall be supported by:-

proof of applicant’s activities;

invitation letter, copy of inviter’s passport or proof of immigration status of the inviter;

permission letter from the employer if the applicant is employed or

a letter from the Ward Executive Officer/Sheha, where the applicant resides.

Application letter.

2. EMPLOYMENT TRIP

The application for employment trip shall be supported by:-

offer of employment/employment contract;

academic certificates of the applicant or;

relevant documents from recruiting agents/companies in case of non professional jobs;

a letter from Ward Executive Officer/Sheha where the applicant resides;

3. STUDY TRIP

The application for the study trip shall be supported by:-

admission letter;

academic certificates;

sponsorship letter;

proof of payment of fees and up-keep if the applicant is privately sponsored;

permission letter from the employer if the applicant is employed and

permission letter from the parent or guardian to the applicant below the age of 18 years.

4. RELIGIOUS TRIP

The application for religious trip shall be supported by:

invitation letter and

a letter from a designated registered religious organization responsible for the trip.

5. MEDICAL TREATMENT TRIP

The application for medical treatment trip shall be supported by:

proof from a registered Medical practitioner or

a letter of authority from the Ministry of Health.

6. SPORTS TRIP

The application for sports trip shall be accompanied by:

a letter from the Tanzania Football Federation (TFF) or the Zanzibar Football Association (ZFA) or

a letter from a registered Sports Association.

invitation letter.

7. OFFICIAL TRIP

The application for official trip shall be accompanied by:

a letter from the employer;

employment Identity Card of the applicant.

9. BUSINESS TRIP

The application for business trip shall be accompanied by:

a valid business license and Tax Identification Number-TIN;

a letter from the Ward Executive Officer/Sheha where the applicant resides.

10. SEAMAN TRIP

The application for seaman trip shall be accompanied by:

contract of employment;

seaman discharge book;

academic certificates and

letter from the relevant Seaman Union

NB: The applicant might be required to submit additional documents as may be determined by the authority.

Requirements for application of other Travel Documents

The application for an Emergency Travel Document shall be accompanied by:

applicant’s Birth Certificate or Affidavit of Birth or Certificate of Naturalisation

3 passport size photographs

Letter from Ward/Village Executive Officer or

Applicant’s employment Identity Card and Letter of introduction letter from his employer.

The application for Certificate of Identity shall be accompanied by:

police loss report in case the applicant lost his passport and there is no Embassy of his country of origin in Tanzania;

a written account detailing circumstances in which the passport was lost;

for applicants born in Tanzania, evidence as to such birth must be submitted;

• two passport size photographs.

 Geneva Convention Travel Document

The application for Geneva Convention Travel Document shall be accompanied by:

a letter from the Director of Refugee Department;

a copy of Refugee Identity Card and

Application for replacemnent of Passports and Travel Documents

  Where a passport has expired or its Visa pages are full, the holder of such passport may apply for a new passport.

The application for a Replacement of a Passport shall be accompanied by:

• Application Letter;
• Dully filled-in Passport Application Form;
• The previous passport and
• Five Passport size photographs.
• the previous Travel Document and

Requirements for replacement of lost or stolen Passport

sworn declaration of the circumstances surrounding the loss, theft or damage of the passport and authority to which the loss, theft or damage was reported.

• Police Loss Report;
• Copy of advertisement published in a newspaper;
• A Letter detailing the circumstances for the loss, stolen or burnt of the passport. (The letter should be addressed to the Commissioner General of Immigration, PO.BOX 512, Dar es Salaam);
• Sworn declaration of the circumstances surrounding the LOSS, THEFT OR DAMAGE of Passport).
• Evidence of the applicant trip;
• An applicant birth certificate or an Affidavit of birth;
• The birth’s certificate of the father or mother of the applicant or certificate of naturalization;
• 5 recent photographs (with light blue background) of the applicant;
• For those who lost their Passport outside Tanzania, they must submit the Emergence Travel Document issued to them at the Embassy/High Commission to facilitate their coming back;
• If the Passport was burnt, an introduction letter from the Chairman of the Ward Executive Office and the repot from the Fire Brigade and Rescue Force must be submitted.

The fee for the lost passport is  100,000  while for the damaged or burnt Passport is  50,000.

Revocation of a Passports and Travel Documents

The Commissioner General of Immigration Services at any time may revoke the passport or other travel documents issued to the holder where:-

The holder of a passport allows another person to use his/her passport.

The holder of a passport has been deported or repatriated to the United Republic of Tanzania at the expense of the Government.

The holder has ceased to be a citizen of United Republic of Tanzania.

The holder engages in illicit drug trafficking, money laundering, migrant trafficking, terrorism acts or any other illegal transaction.

It is in the national interests or national security

Fees for Passports and Travel Documents

Click here ; procedures and requirments on how to get tanzania visa.

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OPINION: Legislation on travel documents needs urgent revisiting

I accepted an invitation to Dodoma a fortnight ago to join the array of stakeholders who showed up before the Parliamentary Standing Committee on Constitutional and Legal Affairs.

I was invited to give their views on some parliamentary Bills to amend certain Tanzanian laws. As is always the case, most stakeholders had received copies of the Bills, went through them and proposed amendments highlighting certain law sections that were of concern to them.

I realized that Parliament quite liked submissions that clearly presented possible texts in lieu of the clauses complained about. Also, organizations and individuals who had prepared written recommendations stood a better chance to influence lawmakers than those who presented proposals verbally from the podium.

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Unfortunately however – for what I consider as lack of a keen eye for detail – a lot of the views related to one Bill. In other words: only about four presentations out of the 500 submissions in all focused on Bills other than the ‘Political Parties (Amendment) Bill, 2018!’

The four presentations included those made by the Tanzania Network of Legal Aid Providers (TANLAP), Tanzania Citizens Information Bureau (TCIB) and the African Centre for International Affairs (ACIA).

The trio’s submissions had sections – albeit scant – on the Miscellaneous Amendments Bill No. 4, 2018 which included sections seeking to amend the Tanzania Passports and Travel Documents Act, 2002.

The proposed changes therein were very progressive, and it was shameful that so little attention was paid to it. No wonder the Standing Committee dropped that particular part until enough attention can be mobilized from the Tanzanian public.

Since the Miscellaneous Amendments law was passed without any of the sections of the progressive Passports and Travel Documents Bill – and without the knowledge of hardly anyone – I will devote these few paragraphs to highlight the main propositions of the deferred law that seeks to alter the conditions for issuance, control and cancellation of travel passports and related documents.

For instance, due to a factual upgrading of the Department of Immigration and its chief executive officer, the law needed to recognize the promotion of the head of the Department from a mere ‘Director of Immigration Services’ to a ‘Commissioner General of Immigration Services.’ It is sad that, with its withdrawal, this cannot be anymore!

More fundamentally, the Bill under Section 8 (2) (a) proposed an amendment to Section 2 to give appropriate interpretation of the ‘Minister’ referred to therein. The Act’s use of the word ‘Minister’ should change to imply the Minister responsible for Matters relating to Immigration and Citizenship, instead of Home Affairs as currently implied.

This was such a good development – considering that there are times when the minister for Home Affairs is not necessarily responsible for Passports and Travel documents.

For lack of public support to the proposed bill, this also had to fail – which is also terrible!

Two more Sections proposed progressive change. First: an expansion in the list of typologies of Passports. While the existing law recognizes the issuance of passports only in manual booklets, the Bill upgraded the law to also recognize electronic passports of the future – given the move that’s already under way to digitalize the Tanzanian Passport.

It is a pity that the process could not garner enough support. I bet the Tanzania Immigration Services must have been dismayed by all this. Section 3 (2) (d) sought to amend Section 3 of the principal legislation by adding to the list of passports a new category of passports.

This was deemed necessary to accommodate the introduction of a new category of diplomatic passports meant for top brass officials of our country. Sadly, this has also failed to sail through.

In the new category of diplomatic passports, stakeholders suggested that the Controller and Auditor General (CAG) be added – given his position and status in Tanzania.

The withdrawn part of the Miscellaneous Amendments Bill denies Tanzania of progressive developments. These include the freeing of the passport from proof of travel abroad; the requirement that diplomatic passports must be relinquished at the end of one’s service tenure; and the shift of the age ceiling for applicants requiring parental consent from 16 to 18.

It would also have been a good opportunity to legally recognize the African passport following its launch in Kigali, Rwanda, on July 16, 2016, and plans to roll it out for use across Africa by 2020. Unfortunately, the Bill’s withdrawal keeps the African passport outside Tanzanian books.

More of the contents of the withdrawn Bill shall be analyzed in detail in the next edition of this column.

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• Frequently Asked Question - FAQ

Question :  Is dual citizenship allowed in Tanzania? Answer :  no

Q: Who is eligible for Tanzania citizenship? A: Information is being updated!

Q: What is the Spousal Rights to Tanzanian Citizenship? A: Information is being updated!

Q: Who requires Visa to enter in Tanzania? A: All Foreigners from non-Commonwealth countries are required to have a valid visa unless their countries have visa abolition agreement with Tanzania. Exceptions: Citizens of Commonwealth countries are not required to obtain visa, unless they are citizens of the United Kingdom, Canada, Nigeria, India, Pakistan or The Republic of South Africa, Australia and New Zealand. However, the list may change from time to time.

Q: Do I need a visa to travel to Tanzania? A: All visitors must obtain visa prior to entering Tanzania, except nationals of the East African Community. You must apply for and obtain a visa from a nearest Tanzania Embassy, High Commission or a Consulate before proceeding to Tanzania (Obtaining visa upon arrival is not guaranteed). Please, check with the Embassy to confirm if you believe you do not require any visa to enter Tanzania.

Types of Visa:

There are two types of visa:

 (1) Travel visa Travel visa is granted to foreigners who wish to enter and remain in the United Republic of Tanzania for a certain period of time. Types of entries, validity of visa and duration of stay for this category of visa are as follows:

i) Single entry travel visa has a validity of ninety (90) days with effect from date of issue, provided that the remaining validity of the passport at the time of issuing such visa shall not be less than six months.

ii) Double entry travel visa has a validity of six (6) months and a maximum period of stay of ninety (90) days provided that the remaining validity of the passport at the time of issuing such visa shall not be less than nine months.

iii)  Multiple entry travel visa has a validity of twelve (12) months and a maximum period of stay of one hundred and twenty (120) days in aggregate, provided a single stay shall not exceed ninety (90) days and the remaining validity of the passport at the time of issuing shall not be less than 15 months.

(2) Transit Visa Transit visa is issued only to travelers with onward tickets, sufficient funds for the crossing in Tanzania, and an entry visa for the country of destination (or any proof that prior arrangements have been made that satisfy this requirement). There are only two types of entries for the transit visa, which are, single entry transit visa and double entry transit visa. The maximum duration of stay for the transit visa is 7 days and 14 days (in total) for the respective two types of entries.

NB: For Visa requirements and Procedures, please, contact the appropriate Tanzanian Embassy, High Commission or Consulate abroad.

Q: Can a friend apply for visa on my behalf? A: Yes, provided that all the requirements are met and the application form is duly filled in and properly signed.

Q: Can my friend collect the VISA/passport on my behalf? A: Yes, as long as he/she will bring the collection number and/or letter of authority to pick up with identification card.

Q: In Visa application form, what is the reference in Tanzania? A: Name, address and phone number of your contact person in Tanzania, if you don’t have contact person, the name, address and phone number of hotel/accommodation while in Tanzania.

Q: Can someone get visa upon arrival? A: It is strongly advised to obtain visa at the Tanzanian Embassy, High Commission or Consulate abroad.

Q: When will be the start date of the visa? What are the maximum days of stay in Tanzania? A: Visa is valid from the date of issue.  90 days from the date of entry/arrival

Q: Is Yellow fever vaccination necessary? A: It is not compulsory if you are travelling straight to Tanzania from abroad. However, immunization against this deadly disease is recommended for all visitors entering Tanzania after having traveled in countries where yellow fever is a health risk (e.g. Central African and South American countries). Health wise it is always safe to have vaccinations especially when travelling abroad/overseas.

Q: How do I renew my passport or obtain a new passport or travel document in case of loss when abroad? A: You may apply for a new passport or a travel document by contacting the nearest Tanzania Embassy, High Commission or Consulate abroad.

Q: What do I do when a Tanzanian dies abroad and I want to return the body to Tanzania? A: To be Updated!

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CHAPTER 54 IMMIGRATION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

    Section

PART I PRELIMINARY PROVISIONS

     1.     Short title.

     2.     Application.

     3.     Interpretation.

PART II THE IMMIGRATION SERVICE DEPARTMENT

     4.     Establishment of Immigration Service Department.

     5.     Appointment of Commissioner General.

     6.     Officers of the Department.

     7.     Appointment of officers.

     8.     Regions, Districts and entry or exit points.

     8A.     Establishment of Training Academy.

     9.     Administration of the Service.

     10.     Delegation of powers.

     11.     Disciplinary authority and procedure.

PART III POWERS, RIGHTS AND DUTIES OF IMMIGRATION OFFICERS

     12.     General duties of the Service.

     13.     General obligation of Immigration Officer.

     14.     General right of the Immigration Officer.

     15.     Non-disclosure of information.

     16.     Powers to investigate and make inquiry.

     17.     Powers of arrest and detention.

     18.     Powers of search and seizure.

     19.     Entitlement to carry and use arms.

     20.     Recording of statement.

     21.     Conditional release.

     22.     Powers of refusal of entry.

PART IV PROHIBITED IMMIGRANT

     23.     Meaning of "prohibited immigrant"

     24.     Entry, etc., of prohibited immigrants.

     25.     Arrest and expulsion of prohibited immigrants.

     26.     Liability for bringing prohibited immigrants into Tanzania.

     27.     Deportation.

PART V CONDITIONS OF ENTRY AND RESIDENCE

     28.     Prohibition on entry without passport, permit or pass.

     29.     [Repealed.]

     30.     Prohibition on employment, study, etc., without permit.

     31.     Establishment, composition and functions of the Alien Immigrants Board.

     31A.     Smuggling immigrants.

     32.     Classes of residence permits.

     32A.     Power to issue pass.

     33.     Class "A" residence permit.

     34.     Class "B" residence permit.

     35.     Class "C" residence permit.

     36.     Permits to be issued subject to conditions.

     37.     Appeals to the Minister.

     38.     Variation of conditions of permits.

     39.     Dependants of person granted permits.

     40.     Effect of fraud.

     41.     Revocation and surrender of permits.

PART VI MISCELLANEOUS PROVISIONS

     42.     General power of Minister on prohibition.

     43.     Evidence.

     44.     Burden of proof.

     45.     Offences.

     46.     Indemnification of public officers.

     47.     Regulations.

     48.     Power to exempt.

     49.     Registration of alien immigrants.

     50.     Reasons for arrest, search or detention.

     51.     [Repeal of Act No. 8 of 1972 and Z. Cap. 43.]

     52.     Savings.

An Act to provide for the control of immigration into the United Republic and for matters relating to immigration.

[1st February, 1998] [G.N. No. 51 of 1998]

Acts Nos. 7 of 1995 27 of 1997 21 of 2002 15 of 2004 6 of 2008 1 and 8 of 2015 4 of 2016 6 of 2020 9 of 2021 G.N. No. 253 of 1996

[General Note: This Act is amended by s. 3 of Act No. 8 of 2015 by deleting the word "Director" wherever it appears in the Act and substituting for it the word "Commissioner General".]

PART I PRELIMINARY PROVISIONS (ss 1-3)

1.    Short title

    This Act may be cited as the Immigration Act.

2.    Application

    (1) This Act shall extend 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; and

    (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 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 33, 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.

    (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;

    (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 both that fine and imprisonment; and

    (b)    shall be laid before the National Assembly.

3.    Interpretation

    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 by section 17;

     "child" has the meaning ascribed to it–

    (a)    in the case of Mainland Tanzania, under the Law of the Child Act function a1(msg) { myWindow=window.open('','','width=234,height=156,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100');myWindow.document.write(msg);} * ; and

    (b)    in the case of Tanzania Zanzibar, under the Children's Act function a2(msg) { myWindow=window.open('','','width=234,height=156,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100');myWindow.document.write(msg);} * ;

     "Commission" means a Commission established under section 4 of the Police Force and Prisons Service Commission Act function a3(msg) { myWindow=window.open('','','width=234,height=156,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100');myWindow.document.write(msg);} * ;

     "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 of this Act;

    "dependant" means a person who is materially dependent upon the earnings of another;

     "deportation order" means an order made under section 14;

    "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 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 Practitioners and Dentists Act function a4(msg) { myWindow=window.open('','','width=156,height=70,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100');myWindow.document.write(msg);} * , and appointed by the Commissioner General of Medical Services to act under this Act;

    "Minister" means the Minister for the time being responsible for matters relating to immigration;

     "Ministry" means the Ministry responsible for matters relating to immigration;

     "Non Commissioned Officer" means any 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 10;

    "residence permit" means a valid permit issued or deemed to have been issued under the provisions of section 19, section 20 or section 21;

     "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 8A;

     "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 SERVICE DEPARTMENT (ss 4-11)

4.    Establishment of Immigration Service Department

    (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 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.

    (4) The Minister may make regulations prescribing the rights and privileges which may be enjoyed by Immigration Officers of the Department.

5.    Appointment of Commissioner General

    (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.

6.    Officers of the Department

    Tanzania Immigration Service Department shall consist of the following officers–

    (a)    Commissioned Immigration Officers who shall be–

        (i)    Commissioner General;

        (ii)    Commissioners;

        (iii)    Deputy Commissioners;

        (iv)    Senior Assistant Commissioners;

        (v)    Assistant Commissioners;

        (vi)    Senior Superintendent;

        (vii)    Superintendents;

        (viii)    Assistant Superintendents;

        (ix)    Inspectors;

        (x)    Assistant Inspectors; and

    (b)    Non Commissioned Immigration Officers who shall be–

        (i)    Sergeant Major;

        (ii)    Staff Sergeant;

        (iii)    Sergeant;

        (iv)    Corporal; and

        (v)    Constable.

7.    Appointment of officers

    (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.

8.    Regions, Districts and entry or exit points

    (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;

    (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)    mobilise and sensitise the general public within their area of jurisdiction on immigration in relation to security and development;

    (e)    prepare, organise 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.

8A.    Establishment of Training Academy

    (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".

    (2) The Training Academy shall provide basic immigration training, promotional training courses and such other trainings for–

    (a)    persons who intend to join the Department;

    (b)    employees of the Department; or

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