Immigration Control Act, 1993
Immigration Regulations, 1994
Government Notice 134 of 1994
- Published in Government Gazette 895 on 29 July 1994
- Commenced on 29 July 1994
- [This is the version of this document at 15 November 2017.]
- [Note: The version of this legislation as at 15 November 2017 was revised and consolidated by the Legal Assistance Centre and the Government of the Republic of Namibia. All subsequent amendments have been researched and applied by Laws.Africa for NamibLII.]
as amended by
Government Notice 82 of 2008 (GG 4029) came into force on date of publication: 15 April 2008
Government Notice 133 of 2010 (GG 4514) came into force on date of publication: 1 July 2010
Government Notice 145 of 2014 (GG 5556) came into force on date of publication: 8 September 2014
1. Interpretation
In these regulations, unless the context otherwise indicates, an expression in the Act has a corresponding meaning, and-“commencement” means the commencement date of these regulations;“employment” means engagement in any occupation, whether the person concerned is self-employed or employed by another person;“form” means the appropriate form prescribed for use by the Ministry;“occupation” means work or any other activity for gain, and includes a profession;“resident” means any person who is lawfully in Namibia otherwise than for the purpose of-(a)making a temporary visit; or(b)journeying through Namibia in direct transit from one country to another;“returning resident” means a resident of Namibia returning to Namibia after a temporary absence from Namibia and who has not lost his or her domicile in Namibia, and includes the holder of a Namibian passport;“section” means a section of the Act; and“the Act” means the Immigration Control Act, 1993 (Act 7 of 1993).Part I – ENTRY INTO NAMIBIA
2. Declaration by persons seeking to enter Namibia
3. Order in which persons entering Namibia are to be dealt with
An immigration officer in the exercise of his or her functions under section 7 of the Act, may determine the sequence in which he or she will examine persons seeking to enter Namibia, and for that purpose may give directions to such persons.4. Evidence by person seeking to enter Namibia
Any person other than-5.
Visitors to Namibia[The heading of regulation 5 appears in the “ARRANGEMENT OF REGULATIONS” but is omitted here.]6. Guarantees
7. Requirements for married persons and children
8. Medical Examination
The medical examination of any person conducted under section 8(1)(e) shall take place as soon as practicable after the arrival or discovery of such person in Namibia, and a report as to the result of such examination shall be submitted to the immigration officer concerned in such form as such immigration officer may determine.Part II – PERMANENT RESIDENCE AND VISAS
9. Application for permanent residence permit
10. Cancellation of permits
11. Application for visa
An application for a visa shall be in the form of Annexure “I” and a visa shall be issued in the form of Annexure “J” or shall be entered into the passport of the applicant in the form of Annexure “K”.12. Loss or destruction of documents
If any permit or document issued under the Act or these regulations is lost or destroyed, the Chief of Immigration or the Board, as the case may be, may upon application by the holder thereof, issue a copy of such document or permit.Part III – PROHIBITED IMMIGRANTS AND PERMITS
13. Contagious infections or viruses or diseases
Any contagious infection or virus or disease (air born or transmitted through casual contact) that exists or may develop from time to time that is declared a Public Health Emergency of International Concern (PHEIC) and which warrants restriction of international travel and mobility as per the International Health Regulations adopted by the Fifty-Eight World Health Assembly (2005) to which Namibia is a party, including any amendment to which Namibia becomes a party, is regarded as contagious for the purposes of paragraph (e) of subsection (2) of section 39 of the Act.[Regulation 13 is substituted by GN 133/2010 and amended by GN 145/2014. GN 145/2014 erroneously amends the original version of Regulation 13, ignoring the subsequent substitution by GN 133/2010. The original version was as follows:14. Detention after criminal proceedings
If a prohibited immigrant who has arrived in Namibia or person who is being detained in accordance with the provisions of section 42 of the Act is arrested upon a criminal charge, he or she shall be handed over to the custody of an immigration officer at the conclusion of the criminal proceedings or at the expiration of any sentence of imprisonment imposed upon such person, as the case may be, and shall thereafter be detained under and subject in all respects to the provisions of the Act and these regulations.Part IV – GENERAL
15. Returns by employers regarding employees or by educational institutions regarding students
Returns under section 31 by employers regarding employees or by educational institutions regarding students, as the case may be, shall be in the form of Annexure “L”.16. Records of persons provided with lodging
17. Employment permits
18. Students’ permits
19. Removal of prohibited immigrants from Namibia
20. Summonsing of witnesses by tribunal
For the purposes of section 45(1), a summons to appear before a tribunal as a witness to give evidence or to produce documents, shall be substantially in the form of Annexure ‘V’, shall be signed by any member of such tribunal and shall be served personally upon the witness concerned by the immigration officer referred to in section 44(3), or in the same manner as it would have been served if it were a subpoena issued by a magistrate’s court.21. Powers and duties of Chief of Immigration and immigration officers
The Chief of Immigration and immigration officers shall, in addition to any powers and duties they may have in terms of the Act, have the following powers and duties:22. Prevention of entry by, and tracing, identification or removal of prohibited immigrants
The procedures for the prevention of entry by and tracing, identification or removal of prohibited immigrants shall be as determined by the Minister from time to time.23. Medical examinations and returns by Master of ship
24. Fees payable for visas
The fees payable by The holder of a passport in respect of-Type of Visa | 3 Months or less | 4-6 Months | 7-12 Months | 24 Months | 36 Months |
---|---|---|---|---|---|
Single Entry Visa | N$390 | N$780 | N/A | N/A | N/A |
Multiple Entry Visa | N$390 | N$780 | N$1 560 | N$3 120 | N$4 680 |
Multiple Re-Entry Stamp for Permanent Resident Permit Holder ________ N$690 | |||||
Work and Business Visa | N$390 | N$780 | N/A | N/A | N/A |
Transit Visa (Single or Multiple) ________________ N$390 |
25. Provisional permits to enter Namibia
26. Certificate of identity
27. Warrants for removal
28. Refusal of entry into Namibia
A notice by an immigration officer to any person refusing such person entry into Namibia in accordance with the provisions of section 10 shall be substantially in the form of Annexure “AE”.29. Fees payable in respect of permits or certificates
Type of Permit | 7-12 Months | 24 Months | 36 Months |
---|---|---|---|
Employment Permit (1st Application or Extension) | N$1 395 | N$2 790 | N$4 185 |
Study Permit (Basic Education) | N$1 050 | N$2 100 | N$3 250 |
Study Permit (Tertiary Education) | N$1 395 | N$2 790 | N$4 185 |
Permanent Residence Permit ________________________ N$12 173 |
Part V – FORMS
Index to forms
1. | Annexure "A": | Arrival Form (Sections 8 and 29 / Regulation 2). |
2. | Annexure "B": | Application for Visitor's Entry Permit (Suspected) Prohibited Immigrant) (Sections 8 and 29/Regulation 2). |
[The closing bracket after the word “Suspected” is superfluous.] | ||
3. | 4Annexure "C": | Visitor's Entry Permit (Section 9 and 29/Regulation 2). |
4. | Annexure "D": | Application for Renewal of Employment Permit, Student's Permit or Visitor's Entry Permit (Sections 27, 28, 29/ Regulations 17, 18, 4). |
5. | Annexure "E": | Guarantee (Sections 11, 27, 28, 29, 42 / Regulation 6). |
6. | Annexure "F": | Application for a Permanent Residence Permit (Section 26 /Regulation 9) |
7. | Annexure "G": | Application for a Permanent Residence Permit (Spouse, Dependent Child, Parent) (Section 26/Regulation 9). |
8. | Annexure "H": | Permanent Residence Permit (Section 26 / Regulation 9). |
9. | Annexure "I": | Application for Visa (Sections 12 and 13/Regulation 11). |
[Annexure I is amended by GN 133/2010.] | ||
10. | Annexure "J": | Visa for the Republic of Namibia (Section 12/Regulation 11). |
11. | Annexure "K": | Visa for the Republic of Namibia (Imprint in Passport) (Section 12/Regulation 11). |
12. | Annexure "L": | Return by Employer/Educational Institution: Employees/ Students who are not Namibian Citizens (Section 31/ Regulation 15). |
13. | Annexure "M": | Application for an Employment Permit (Section 27/ Regulation 17). |
14. | Annexure "N": | Annexure to Application for Employment Permit (Representation by Prospective Employer) (Section 27/ Regulation 17). |
15. | Annexure "O": | Employment Permit (Section 27/Regulation 17). |
16. | Annexure "P": | Employment Permit (Imprint in Passport) (Section 27/ Regulation 17). |
[There is no Annexure “Q”.] | ||
17. | Annexure "R": | Application for a Student's Permit (Section 28 Regulation 18). |
18. | Annexure "S": | Student's Permit (Section 28/Regulation 18). |
19. | Annexure "T": | Student's Permit (Imprint in Passport) (Section 28/ Regulation 18). |
20. | Annexure "U": | Notice of Application for Authorization to remove Prohibited Immigrant from Namibia (Section 44/Regulation 19). |
21. | Annexure "V": | Summons to appear before an Immigration Tribunal as a Witness (Section 45/Regulation 19). |
22. | Annexure "W": | Return by Medical Officer or Master (Section 15/Regulation 23). |
23. | Annexure "X": | Provisional permit to enter Namibia (Section 11/Regulation 25). |
24. | Annexure "Y": | Application for a Certificate of Identity (Section 38 /Regulation 26). |
25. | Annexure "Z": | Certificate of Identity (Section 38/Regulation 26). |
[There is no Annexure “AA”.] | ||
26. | Annexure "AB": | Removal Warrant (Section 44/Regulation 27). |
27. | Annexure "AC": | Removal Warrant (Section 49/Regulation 27). |
28. | Annexure "AD": | Removal Warrant (Section 50/Regulation 27). |
29. | Annexure "AE": | Notice to Person Refused Entry into Namibia (Section 10/ Regulation 28). |
History of this document
15 November 2017 this version
Consolidation
29 July 1994
Commenced