NewZimbabwe.com has invited Mr. Vengai Madzima, the Senior Partner at Madzima Chidyausiku Museta Legal Practitioners (MCM Legal) to discuss Zimbabwe's immigration law. This discussion is of a general nature and those seeking specific legal advice should contact their lawyer.
Reporter: Welcome back Mr. Madzima, this week we want to discuss Immigration Law in Zimbabwe as it relates to foreigners intending to invest in or visit Zimbabwe. What type of visas are available for a foreigner who intends to visit or invest in Zimbabwe?
VM: Thank you.
I will start with the visitors or tourism visa.
How you apply for this type of visa depends on the country the foreign national is visiting from. I say this because there are countries that do not require tourism visas to come into Zimbabwe, in other words, they are exempt from applying for visas for short visits. Some countries are eligible to apply for visas at ports of entry. The visitor does not necessarily have to apply when still in his or her country of origin
Then the common one where nationals of some countries are required to apply for visas before travelling to Zimbabwe, in these countries, they are required to board their flights to Zimbabwe having obtained a Visa.
It is therefore incumbent upon the traveller who intends to visit Zimbabwe to ascertain the type of tourism visa regime their country falls under.
As to foreigners who are coming to invest or do business in Zimbabwe, we have the investor's residence permit. This is valid for 12 months and is renewable within the country.
To obtain this visa, you will be required to submit, among the other general requirements for visa applications, the applicant's project proposal for the business in Zimbabwe, a list of expert employees and projected or actual local employees, police clearance from the country of origin and a radiology certificate.
Lastly, as it relates to employees coming in to work as experts for foreign or local companies, we have a temporary employment permit. A temporary employment permit may be issued for a maximum period of 3 years and may be extended to a maximum of 5 years with the approval of the Chief Immigration Officer. The normal question to satisfy if coming in as an expert is that there are no other people in Zimbabwe qualified to do the particular task.
Reporter: What rights are afforded a foreign permit holder in Zimbabwe
VM: The foreign permit holder enjoys the same protections in law as an indigenous Zimbabwean. This includes enjoyment of the normal rights and freedoms afforded by our constitution et cetera. The permit holder, however, has a corresponding obligation to uphold and observe the laws of Zimbabwe and conduct themselves in a manner compatible with the good order of the state.
Reporter: In what circumstances may a foreign Investor be deported from Zimbabwe?
VM: Well, a foreign investor may be deported from Zimbabwe if they stay longer than the period prescribed by their permit.
A foreigner who is declared a prohibited person may be deported from Zimbabwe whether he was declared a prohibited person on or before he entered the country. A prohibited person is generally defined as an undesirable person due to economic or lifestyle reasons. Lifestyle reasons may include a lifestyle that is anathema to our cultural and social norms. Prohibited persons also include individuals convicted of serious offences within or outside Zimbabwe, previously deported persons and/ or persons with prescribed diseases et cetera
Reporter: Can a prohibited person appeal a deportation order?
VM: Yes a 'prohibited' person has the right to appeal deportation. Following the receipt of notice in writing that the accused is a prohibited person, he may appeal to the nearest Magistrate Court within 3 days of receiving notice if the accused is in Zimbabwe, the appeal will be against the allegation that he or she is a prohibited person.
Should the notice be received outside Zimbabwe, the accused person has 10 days to appeal the position.
Reporter: Will a person who has been deported be allowed re-entry into Zimbabwe?
VM: Once a foreigner has been deported from Zimbabwe, they become a prohibited person and he or she will not be allowed re-entry without obtaining an exemption certificate from the Minister responsible for Home Affairs.
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Reporter: Can a Zimbabwean national apply for citizenship in another country while maintaining Zimbabwean citizenship?
VM: Our law provides for Zimbabwean citizens by birth to hold dual citizenship without losing their Zimbabwean citizenship. Those who acquired citizenship through naturalization may face revocation of their citizenship if they acquire foreign citizenship.
Reporter: How can a Zimbabwe national living abroad apply for national registration documents?
VM: Zimbabweans living abroad may apply for or renew passports, birth certificates or identity documents at the Zimbabwe Embassy in their host country of residence without returning to Zimbabwe.
Reporter: Thank you, Mr. Madzima for your time.
VM: Thank you.
Vengai Madzima can be reached at vengai@mcmlegal.co.zw or www.mcmlegal.co.zw.
