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Immigration Regulations 1998 (Statutory Instrument 195 of 1998)

Statutory Instrument 195 of 1998

Immigration Regulations 1998

SIs 195/1998, 126/2005

PART I

PRELIMINARY Section

PART II

ENTRY INTO ZIMBABWE

  1. Ports of entry.
  2. Declaration by persons seeking to enter Zimbabwe.
  3. Order in which persons entering Zimbabwe to be dealt with.
  4. Persons entering Zimbabwe by train.
  5. Radiologist’s certificate.
  6. Evidence by person seeking to enter Zimbabwe.
  7. Conditions for visitors.
  8. Employment of visitors prohibited.
  9. Requirements for married women and children.
  10. Medical examination.

PART III

IMMIGRATION SELECTION AND PERMITSGENERALLY

  1. Intending immigrants.
  2. Application for a residence permit.
  3. Issue of residence permit.
  4. Conditions of residence permit.
  5. Invalidity of residence permit.
  6. Refusal to issue residence permit.
  7. Cancellation of residence permit.
  8. Persons wishing to enter Zimbabwe for purpose of engaging temporarily in employment.
  9. Temporary employment permit.
  10. Conditions of issue of temporary employment permit.
  11. Cancellation of temporary employment permit.
  12. Issue of temporary permit.
  13. Deposit in relation to temporary permit.
  14. Conditions of temporary permit.
  15. Cancellation of temporary permit.
  16. Persons deemed to be holders of temporary permit.
  17. Former residents deemed to be holders of residence permit.
  18. Issue of student permit.
  19. Conditions of student’s permit.
  20. Cancellation of student’s permit.
  21. Issue of scholar’s permit.
  22. Conditions and renewal of scholar’s permit.
  23. Cancellation of scholar’s permit.
  24. Alien’s permit.
  25. Fee for travel documents.
  26. Permit relating to prescribed diseases.
  27. Loss or destruction of permits or other documents.
  28. Holder of temporary permit ceasing to be prohibited person.
  29. Visitor’s entry certificate.
  30. Admission to Zimbabwe of persons required to produce evidence to Immigration Officer.

PART IV

PROHIBITED PERSONS

  1. Prescribed diseases.
  2. Admission of suspected prohibited person to Zimbabwe.
  3. Warrant of detention.
  4. Removal of passport of prohibited person or suspected prohibited person.
  5. Detention after criminal proceedings.
  6. Appeals by prohibited persons.
  7. Temporary permits for appellants.
  8. Procedure where no court sitting locally.
  9. Particulars of hearing to be notified.
  10. Hearing of appeal.
  11. Procedure at hearing of appeal.
  12. Examination of witnesses.
  13. Decision of Magistrate.
  14. Transmission of special case to Supreme Court.
  15. Procedure after hearing.

PART V

DEPARTURE FROM ZIMBABWE

  1. Ports of exit.
  2. Order in which persons departing from Zimbabwe to be dealt with.
  3. Persons departing from Zimbabwe by train.
  4. Permit exempting person from section 25 of the Act.
  5. Statistics to be kept by Minister of persons departing from Zimbabwe.

SCHEDULES

FIRST SCHEDULE:     Ports of entry and departure.

SECOND SCHEDULE:Repeals.

THIRD SCHEDULE:    Fees

IT IS hereby notified that the Minister of Home Affairs has, in terms of section 41 of the

Immigration Act [Chapter 4:02], made the following regulations—

PART I

PRELIMINARY

1     Title

These regulations may be cited as the Immigration Regulations, 1998.

                                                                                          2      Interpretation

  • In these regulations—

alien permit” means an alien permit issued in terms of section 37; “fee” means the appropriate fee specified in the Third Schedule;

[Definition substituted by s.i 126 of 2005]

“form

  • means the forms prescribed by subsection (2); and
  • includes the equivalent form prescribed in or used under the repealed regulations until stocks thereof are exhausted;

“occupationmeans any—

  • work or other activity for gain; or
  • regular work,    not        for        gain      but        in         the        interests of         any       businessundertaking       operating            in Zimbabwe;

parent” means any person who has lawful custody of a child;

“repealed regulations” means the regulations specified in the Second Schedule;

“residence permit” means a residence permit issued or continued in force in terms of section 16;

“residentmeans any person who is lawfully within Zimbabwe otherwise than for the purpose of—

(a)   journeying through Zimbabwe in direct transit from one country to another; or (b)     making a temporary visit;

returning resident” means a former resident returning to Zimbabwe who has not lost his domicile in Zimbabwe;

“scholar’s permit” means a scholar’s permit issued in terms of section 32;

“school” means an educational institution providing full-time education for children and recognised as a school by the Chief Immigration Officer;

visitor” means an alien making a temporary visit to Zimbabwe, who is not authorised to be in Zimbabwe except in terms of a visitor’s entry certificate or a notice issued in terms of section 9 or section 45; “visitor’s entry certificate” means a certificate endorsed in terms of section 33 of the Act.

  • The form referred to in paragraph (a) of the definition of “form” in subsection (1) shall be the appropriate form obtainable from. the office of the Department of Immigration Control, First Floor, Linquenda House, Nelson Mandela Avenue, Harare, or the office of any Immigration Officer and such form may be inspected at any such office free of charge.

[Subsection amended by s.i 126 of 2005]

PART II

ENTRYINTO ZIMBABWE

3      Ports of entry

The places specified in the First Schedule shall be ports of entry.

                                                                4     Declaration by persons seeking to enter Zimbabwe

  • The form I.F. 1 shall be the declaration for the purposes of paragraph (b) of subsection (3) of section 12 of the Act and shall, subject to subsection (3), be completed in English and in the declarant’s own handwriting.
  • An Immigration Officer may require a person who is required to make and sign the declaration referred to in subsection (1)—
  • to do so in his presence; and
  • to give him such supplementary information, either verbally or in the form of a written statement, as he may deem necessary in the circumstances of any particular case.

(3) If a person referred to in subsection (1) is unable to complete the declaration in terms of that subsection, an Immigration Officer may question him, if necessary through an interpreter, and may himself complete the declaration or cause it to be completed and shall thereupon require such person to sign it.

                                                         5      Order in which persons entering Zimbabwe to be dealt with

An Immigration Officer exercising his functions in terms of section 12 of the Act may determine the sequence in which he will examine persons wishing to enter Zimbabwe and, for that purpose, may give directions to such persons.

                                                                          6      Persons entering Zimbabwe by train

  • An Immigration Officer may exercise his functions in terms of section 12 of the Act on any train entering Zimbabwe.
  • Any person who enters Zimbabwe by train and is dealt with by an Immigration Officer in terms of subsection (1) shall not be required to comply with subsection (1) of section 12 of the Act.

                                                                                   7      Radiologist’s certificate

(1) A person referred to in subsection (2) shall produce to an Immigration Officer a certificate in English signed by a radiologist showing that—

  • he has submitted to a radiological examination of his chest and that at the time of such examination he was free from active pulmonary tuberculosis; and
  • such examination was made not more than six months before the date on which such certificate is produced to the Immigration Officer.

(2)    Subsection (1) shall apply to any person who enters Zimbabwe, other than—

  • a citizen of Zimbabwe; or
  • a returning resident; or
  • a person who is described in paragraph (e) of subsection (1) of section 15 of the Act; or

[Paragraph amended by s.i 126 of 2005]

  • a bona fide visitor to Zimbabwe; or
  • a person who is under the age of three years; or
  • a person who is in possession of a permit to enter Zimbabwe issued under paragraph (e) of subsection (1) of section 14 of the Act and which relates to pulmonary tuberculosis; or
  • a person or a member of a class of persons exempted from the requirements of subsection (1) by the Chief Immigration Officer.

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