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LA TRIBUNE FRANCO-RWANDAISE (TFR)

Actualités, opinions, études, analyses, diplomatie et géopolitique de la Région des Grands lacs.

Zambia : Public notice on the criteria and procedures for local integration of former Rwandan refugees

REPUBLIC OF ZAMBIA
MINISTRY OF HOME AFFAIRS

PUBLIC NOTICE ON THE CRITERIA AND PROCEDURES FOR   LOCAL INTEGRATION OF FORMER RWANDAN REFUGEES

In May 2013, the Government of the Republic of Zambia in collaboration with the United Nations High Commissioner for Refugees (UNHCR) declared, pursuant to Article 1C(5) and (6) of the 1951 Convention relating to the status of Refugees, Article I(4)(e) of the 1969 Organization of the African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa (conventions to which Zambia is party), that the refugee status of Rwandan refugees in Zambia who fled Rwanda as a result of  inter-ethnic violence, persecution, genocide and civil war between 1959 and 1998 ceased on the 30th of June 2013.

In light of the above, the Government of the Republic of Zambia hereby invites all eligible former Rwandan Refugees who wish to remain in Zambia, as well as eligible Rwandan refugees to submit an application for an appropriate Immigration permit or national registration card as the case may be (Local Integration)
Note: All those who wish to be considered for any Immigration permit under the Local integration programme MUST obtain their Rwandan National Passport as it is a requirement by Law.

Below are the categories and procedures for Local Integration:


OUTLINE OF SPECIFIC CRITERIA AND PROCEDURES PROCEDURE CONDITIONS RECOMMENDATION
CHILDREN OF CITIZENS OF ZAMBIA
- Article 5 of the Constitution of Zambia, Act No. 18 of 1996.
Article 5 of the Constitution of Zambia Act, CAP 1 of the Laws of Zambia makes provision for children born in or outside Zambia to become citizens of Zambia if at least one parent is a citizen of Zambia. A child born from one Zambian parent is eligible to apply for a Zambian national registration card upon attaining the age of 16 years.

Sensitize the Rwandan and former Rwandan refugee population on the provision of article 5 of the Zambian Constitution.

Eligible former Rwandan refugee children should have their details verified on the proGres database and should attach either a copy of birth certificate, birth record or an under five (5) clinic card and a copy of the Zambian parent’s national registration card as supporting documents.

• The Individual should be born to one Zambian parent
• Applicants above the age of 21 should be subjected to renunciation and restoration procedures before submitting an application for a Zambian National Registration card.

FORMER RWANDANS REUGEES MARRIED TO ZAMBIAN NATIONALS – Section 23 of the Immigration and Deportation Act, No. 18 of 2010
Section 23 of the Immigration and Deportation Act provides for the issuance of a spouse permit by the Director-General of Immigration to a spouse of a citizen or an established resident. Former Rwandan refugees married to Zambian nationals are eligible to apply for a spouse permit. The permit is issued initially for a 2 year period after which, it is subject to renewal for 3 years. After 5 years, a holder of a spouse permit qualifies to apply for a residence permit in accordance with Section 20 (1) (g) of the Immigration and Deportation Act.

• The applicant should complete Form 14 as stipulated in Regulation 14 of Statutory Instrument No. 129 of 2011. (Application for Spouse Permit Form)
• Attach a supporting letter written by the Zambian spouse.
• Attach a copy of the national passport.
• Attach a copy of marriage certificate.
• Attach a photocopy of the Zambian spouse national registration card.
• Pay an application fee of Five Hundred Kwacha. (K500)
• Attach 2 passport size photos.
• The holder of a spouse permit qualifies to apply for a Residence permit after 5 years.
• The children below 18 years may be included on the permit.
• The holder is not allowed to work, but if they decide to work, they have to apply for an employment permit.
• If the holder of this permit decides to study, they have to apply for a study permit.
• The holder of the permit has no access to free education or health services.
• The holder of the permit shall not engage in local politics.

In the settlements, completed application forms shall be submitted to the Refugee Officer and the Refugee Officer shall submit the forms to Office of the Commissioner for refugees who shall in turn submit to Immigration Headquarters in Lusaka.
In Lusaka, the said forms shall be submitted to Office of the Commissioner for refugees in Lusaka who shall submit to Immigration headquarters.    

INVESTOR’S PERMIT – Section 29 of the Immigration and Deportation Act, No 18 of 2010.
Section 29 of the Immigration and Deportation Act provides for the issuance of an investor’s permit to any foreign national by the Director-General of Immigration if they intend to establish a business or invest in Zambia. All family members 18 years and below may be included in the permit.
A holder of an investor’s permit operating a viable business for a period exceeding 3 years is eligible to apply for a Residence permit. If the business is not viable, the applicant is advised to apply for renewal of his investor’s permit.

• The applicant should complete Form 28 as stipulated in Regulation 31 of SI No. 129 of 2011. (Application for an Investor’s Permit)
• Attach proof of registration of the company with Patents And Companies’ Registration Authority (PACRA)
• Attach a copy of his/her national passport
• Attach 2 passport size photos
• Attach proof of investment in the amount of one hundred and fifty thousand United States dollars (US$150,000) for one joining an existing venture and two hundred and fifty thousand United States dollars (US$250,000) to set up a new venture
• Attach a covering letter indicating the type of business one wishes to operate

• Payment of application fee in the amount of Two Thousand kwacha (K2,000)
• The holder of an investor’s permit is only allowed to operate the business which is indicated in the permit.
• The holder of an investors permit is not allowed to own land in their individual capacity, but can own land in the company’s name.
• The spouse and children below 18 years may be included in the permit. However if the spouse intends to work, he/she has to apply for an employment permit. School going children are advised to apply for study permits.
• The holder of the permit has no access to free education or health services.
• After 3 years, the permit holder qualifies to apply for a Residence permit (on condition that their business is viable).
• The holder of the permit shall not engage in local politics.

In the settlements, completed application forms shall be submitted to the Refugee Officer and the Refugee Officer shall submit the forms to the Office of the Commissioner for refugees in Lusaka who shall in turn submit to Immigration Headquarters in Lusaka.

In Lusaka, the said forms shall be submitted to the Office of the Commissioner for refugees in Lusaka who shall submit to Immigration headquarters.

EMPLOYMENT PERMIT – Section 28 of the Immigration and Deportation Act, No. 18 of 2010
The legal basis for the proposed criteria is section 28 of the Immigration and Deportation Act. Former refugees who have a professional qualification as prescribed in (Class A) of the schedule could be considered for issuance of an employment permit.
A holder of an Employment permit is eligible to apply for a Residence permit after 10 years.

• Complete Form 43 pursuant to Regulation 27 of SI No.129 of 2011. (Application for an Employment Permit)
• Attach copies of professional qualifications
• Attach letter of offer of employment
• Attach 2 passport size photos
• Attach copy of national passport
• Application fee – One Thousand Five Hundred Kwacha (K1,500)
• Attach a covering letter
• The holder of an employment permit is allowed to work for the employer who is specified in the particular permit.
• The holder of the permit is, however, allowed to change employers once he/she finds alternative employment or is not happy with the present employer.
• The spouse and children below 18 years may be included in the permit, however, school going children are advised to apply for a study permit. (i.e. from Grade 1 to tertiary level).
• The holder of the permit shall not engage in local politics.

In the settlements, completed application forms shall be submitted to the Refugee Officer and the Refugee Officer shall submit the forms to Office of the Commissioner for refugees in Lusaka who shall in turn submit to Immigration Headquarters in Lusaka.
In Lusaka, the said forms shall be submitted to the Office of the Commissioner for refugees in Lusaka who shall submit to Immigration headquarters.

TEMPORARY PERMIT – section 27 of the Immigration and Deportation Act, No. 18 of 2010
The legal basis for the proposed criteria is section 27 of the Immigration and Deportation Act. Former refugees who do not qualify for any other permits may apply for a Temporary Permit. A temporary permit shall specify the prescribed conditions attached to the permit and the period of the permit’s validity, except that no period in excess of ninety days shall be specified without the approval of the Director-General of Immigration.
• Letter of request to the Director-General of Immigration
• Attach 2 passport size photos
• Attach copy of national passport, if available
• Payment of Application fee – Four Thousand Kwacha (K4000).

• A temporary permit shall specify the prescribed conditions attached to the permit and the period of the permit’s validity, except that no period in excess of ninety days shall be specified without the approval of the Director-General of Immigration.
• The holder shall only do that which the permit authorizes him/ her to do.
• The holder of the permit shall not engage in local politics.

In the settlements, completed application forms shall be submitted to the Refugee Officer and the Refugee Officer shall submit the forms to the Office of the Commissioner for refugees in Lusaka who shall in turn submit to Immigration Headquarters in Lusaka.

In Lusaka, the said forms shall be submitted to the Office of the Commissioner for refugees in Lusaka who shall submit to Immigration headquarters.
RESIDENCE PERMIT – Section 20 of the Immigration and Deportation Act, No. 18 of 2010
The legal basis for the proposed criteria is section 20 of the Immigration and Deportation Act. Former Rwandan refugees who arrived in Zambia between 1994 and 1998 may apply for a Residence Permit.

• Complete Form 7 pursuant to Regulation 8 of SI No.129 of 2011. (Application for an Residence Permit)
• Attach 2 passport size photos
• Attach copy of national passport
• Payment of Application fee – One Thousand Five Hundred Kwacha (K1,500)
• Attach a covering letter
• Children below 7 years of age and the applicant’s spouse may be included in the permit.
• If children are school going and above 7 years of  age, they must apply for their own Residence permits
• If the spouse wishes to work or study, he/she has to apply for his/her own Residence permit.
• The holder of the permit is not entitled to free education and free health services.
• The holder of the permit qualifies to apply for citizenship after 10 years.
• The holder of the permit shall not engage in local politics.

In the settlements, completed application forms shall be submitted to the Refugee Officer and the Refugee Officer shall submit the forms to the Office of the Commissioner for refugees in Lusaka who shall in turn submit to Immigration Headquarters in Lusaka.
In Lusaka, the said forms shall be submitted to Office of the Commissioner for refugees in Lusaka who shall submit to Immigration headquarters.

FORMER RWANDAN REFUGEES MARRIED TO REFUGEES OF OTHER NATIONALITIES.
This category of Former Rwandan refugees could be considered for alternative legal status. The refugee spouse whose status has ceased or about to cease could be eligible to apply for an appropriate immigration permit to allow him/her continued stay in the country and to promote the principle of family unity. Each case shall be considered on its own merit.

• See procedures for various Immigration permits

• See conditions for various Immigration permits

• See recommendations for various Immigration permits

Applications should be submitted to the Refugee Officers in the Mayukwayukwa and Meheba Refugee Settlements or to the Office of the Commissioner for Refugees at Rhodes Park in Lusaka between 4th November 2015 and 5th February 2016

Former Rwandan refugees who have not yet received the decisions by the Minister of Home Affairs on their exemption appeals should collect their letters from the Office of the Commissioner for Refugees.

For further information contact:

Office of the Commissioner for Refugees
Ministry of Home Affairs
P.O Box 50997, Lusaka
Plot No. 1/4637 , Chipoma Road
Rhodes Park
Telephone: 0211 255473/4

The Refugee Officer
Meheba Refugee Settlement
Solwezi
North-Western Province.

The Refugee Officer
Mayukwayukwa Refugee Settlement
Kaoma
Western Province

United Nations High Commissioner for Refugees
P.O.Box 32542, Kabulonga
Telephone 0211 265873/6
E-mail:
ZAMLU@unhcr.org
Lusaka, Zambia

United Nations High Commissioner for Refugees
Solwezi Field Office

Riverside, Off Independence Avenue
Plot Number 2410
P.O. Box 110132
Tel:
+260218821545, +260218821328, +260218821328
Cel: +260977640751
Email: zamso@unhcr.org
Solwezi, North Western Province

United Nations High Commissioner for Refugees
Kaoma Field Office

Plot No. 283, Mulamba area
Church Road,
Tel:
0217360022
Kaoma, Western Province

Issued by:

Permanent Secretary
MINISTRY OF HOME AFFAIRS

Zambia : Public notice on the criteria and procedures for local integration of former Rwandan refugees
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