Thursday, 13 July 2017

A BRIEF ON REQUIREMENTS FOR BUSINESS VISA, WORK AND RESIDENCE PERMITS IN TANZANIA

The business visa is issued to prospective investors who intend to visit Tanzania for such purposes as making feasibility studies, establishing professional and business contracts, and making arrangements for investments during the startup period.

The validity of the visa can vary from one month to six months. The fees for the visa are determined administratively, so it is advised that prospective investors consult the appropriate authorities before making application for visas.

The Law imposes penalties on persons who go against the provisions of the Immigration Act. Such penalties include a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding three years or to both.

WORK PERMITS.

The Law provides for five classes of Work Permits, depending on the reason for which the same is being sought/applied for.  

                     i.        Class A- Issued to a foreign investor who is self employed
                   ii.        Class B – issued to a non-citizen of a prescribed profession including Medical and health care professional, experts in oil and gas, teachers, and university lecturers in science and mathematics.
                  iii.        Class C - issued to a non-citizen in possession of such other profession
                  iv.        Class D – issued to a non-citizen employed in registered religious and or charitable organization
                    v.        Class E – issued to refugees.


WORK PERMIT CLASS A.
In order for one to be issued with a Work permit Class A, the following documents should be submitted.


                 i.  Justification Letter
               ii.  Application Form TFN 901( 2 Forms)
              iii.  Two recent passport size photographs of the Applicant with a Blue back ground
              iv.  Photocopy of a valid Passport
                v.  Sectoral approvals (Where applicable)
              vi.  Previous work permit (in case of renewal)
             vii.  Industrial/business operating license
           viii.  Certificate of Tax Identification Number (TIN)
              ix.  Certificate of Value Added Tax (Where Applicable)
                x.  Certificate of Incorporation/Business name
              xi.  Memorandum and Articles of Association/extract from the Registrar of any other Organization Constitution
            xii.  Certificate of Incentive (if any)

WORK PERMIT CLASS B, C, AND D.

In order for a person to be granted a work permit class B, C or D, the following documents must be submitted to the Labour Commissioner;

     i.        Justification letter/covering letter
   ii.        Application Form TFN 901 (2 Forms)
  iii.        Contract of employment or engagement as the case may be – signed by relevant parties.
  iv.        Job or engagement description
    v.        Curriculum Vitae
  vi.        Two recent Size photographs of the Applicant
 vii.        Accreditation certificate, if any, from respective professional entity
viii.        Academic/professional certificates
  ix.        Photocopy of a valid passport
    x.        Previous work permit
  xi.        Industrial/ operating/business license
xii.        Memorandum and Articles of Association
xiii.        Succession plan (for renewals)
xiv.        Letter of no objection (if any) from previous employer
 xv.        Sectoral approvals – where applicable
xvi.        Certificate of incentive (if any)

The Law has given power to the Labour Commissioner to cancel the work permit issued in the event that the holder of the said permit fails to comply with conditions as prescribed in the permit, fails to engage in the position for which the permit was issued, misrepresents any information during application or if in his opinion, the presence of such work permit holder in Tanzania jeopardizes public interest.

Further, the Law provides for penalties in the event that a person is found to have committed an offence under the non-citizens (employment regulations) of 2015. The said penalty for offences such as submitting forged documents, presenting false information and contravening any other condition attached to the work permit is a fine of not less than ten Million Tanzanian Shillings or imprisonment for a period of not less than twelve months or both imprisonment and fine.

RESIDENCE PERMITS.

Documents to be submitted for residence permits are similar to those to be submitted for Work Permits.

TIME FRAME.
The length of time it takes to obtain a Work Permit and a Resident permit varies greatly. There are instances when it has taken two to three months for the Ministry of Works to issue Work Permits.  

FEES.
The Fees vary depending on the type of Work Permit and Residence Permit applied for.   fees for residence permits

CONSLUSION.
The Law has given power to the Labour Commissioner to cancel Work Permits if in his opinion the presence of such person in Tanzania jeopardizes public interest. Therefore all Applicants should have this in mind and therefore reside and work in Tanzania in a manner that will not attract and negative attention in order to avoid cancellation of their issued permits.


            

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