In Zambia, immigration has become one of the key driving factors to economic development. Over the years, foreign investment and expatriates have become integral to the rapid growth of the Zambian economy.

The Zambian immigration policy has been crystallised in the Employment Code Act No 3 of 2019 (the “Employment Code”). Section 14 of the Employment Code provides that a company doing business in Zambia is required to employ a Zambian citizen, except where a citizen does not have the skills required for that job or a citizen does not apply for that job.

Scope of Immigration Policy

The immigration policy in Zambia covers, but is not limited to the following:

• defining and categorising permits;
• conditions for granting permits;
• enforcement actions; and 
• regulations on personal representation and persons allowed to practise immigration consultancy.

Regulatory Body

The Department of Immigration (the “Department”) created by an act of parliament, is the government department mandated to enforce Immigration Law in Zambia. The Department falls under the Ministry of Home Affairs and Internal Security. 

The Department aims to facilitate and regulate the movement of persons entering and leaving Zambia and controls the stay of immigrants and visitors so that they can contribute to the internal security and sustainable socio-economic development of the country.

Applicable Laws

The principal law currently in force on immigration is the Immigration and Deportation Act No 18 of 2010 (the “Principal Act”) as read with:

• the Immigration and Deportation (Amendment) Act No 19 of 2016;
• the Immigration and Deportation (General) (Amendment) (No 2) Regulations of 2022;
• the Immigration and Deportation (Immigration Consultants) Regulations, 2013 (SI 38 of 2013);
• the Employment Code Act No 3 of 2019;
• the Citizenship of Zambia Act No 33, 2016;
• the Passport Act No 28 of 2016; and
• other laws incidental to immigration-related matters.

Technological Trends in Zambian Immigration Practice

The Department has over the past few years made significant strides in digitising its services such that most, if not all, permits can now be submitted and processed online. 

The department has also introduced e-visas (usually short-term visas), which are an alternative to visas issued at Immigration Headquarters in Zambia. This enables applicants to obtain their visas electronically after entering the required information and making payment with a credit or debit card.

Significant Changes to Regulations

The government of the Republic of Zambia has over the last three years made several regulations and amendments to existing regulation which are read together with the Principal Act.

For example, the Immigration and Deportation (General) (Amendment) Regulations of 2020 were recently amended by the Immigration and Deportation (General) (Amendment) (No 2) Regulations of 2022. The amendments made significant changes such as the lifting of visa application requirements for the following countries:

Australia, Canada, Norway, Japan, South Korea, New Zealand, the United States of America, the United Kingdom of Great Britain and Northern Ireland, Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Oman, Saudi Arabia, Iraq, Kuwait, Bahrain, Qatar, the United Arab Emirates, and China.

The effect of the regulation in the listed countries is that people in those countries who wish to visit or embark on a business trip to Zambia do not need to make a formal application to have their visitor’s visa or business visa granted. 

Employment Permits in Zambia

Employment permits in Zambia fall into two categories, which are: (a) employment permits; and (b) temporary employment permits. These permits are only issued by a Zambian employer.

An employment permit is issued to a foreigner who enters the country to take up employment for a period exceeding six months. It is granted for a minimum period of two years and can be extended to a maximum of ten years. It is issued to a foreigner who is employed by an entity or employer resident in Zambia.

The applicant is required to demonstrate in the application that they are suited to the role by virtue of their academic or professional qualifications, standard of education, skill and financial resources. Furthermore, they also need to show that there is no applicant available in Zambia who meets the requirements of the job or who is better qualified to do it than they are.

The applicant must also demonstrate that granting them an employment permit is likely to be of benefit to the inhabitants of Zambia generally, as a result of the knowledge and skills they possess.

Requirements to apply for an employment permit

• a covering letter from the employer addressed to the Director General of Immigration;
• an employment contract or letter of offer;
• a police clearance from the applicant’s country of residence;
• a curriculum vitae;
• a registration certificate from the relevant professional body in Zambia (where required);
• a certified copy of the applicant’s qualifications (academic, professional);
• a copy of marriage and birth certificates (where available);
• a certified copy of a valid passport (with bio data and last endorsement stamp for Zambia);
• a certified certificate of share capital and list of directors;
• a copy of a succession plan which must include an understudy training programme to be conducted by the foreign national to transfer knowledge and/or skills to a Zambian worker;
• a copy of the Certificate of Incorporation;
• in the case of construction, mining sector, ICT, engineering and other project-based engagements, a covering letter specifying the project on which the expatriate will be employed, and a copy of the letter of award specifying the completion date and value of the project must be submitted;

• the original press advertisements for the job which have appeared in two leading newspapers in A5 size with the name of the newspaper and date of the advert clearly visible must also be submitted, in addition to the outcome of the selection exercise;

• one recent passport-size photograph; and
• the prescribed fee. 

Temporary Employment Permits

A temporary employment permit is issued to a person who has obtained a business visa and intends to remain in Zambia for a period exceeding 30 days. The validity of the permit may not exceed six months within a period of 12 months. This permit is usually utilised by visitors who come into the country on a business visit and plan to extend their time in the country.

An Employment Permit

While immigration law and regulations do not specifically provide guidance on whether an employee may sponsor themselves, employment permits in Zambia remain employer-sponsored to the extent that an application for an employment permit in favour of the applicant is only granted under a Zambian employer. The application process requires the employer’s details as much as it requires the personal details of the applicant.

An Investment Permit

One of the key requirements for an investor’s permit application is that the applicant must provide proof of personal investment, such as a bank statement, amounting to USD250,000 for a new business and USD150,000 if joining an existing company.

Generally, all arriving visitors in Zambia must have at least six months’ validity on their passports from the date of entry. The passport must also have at least three full blank pages. Apart from this, restrictions on visitors mainly depend on the type of visa obtained, in that a visitor is only allowed to take part in activities covered by their visa or permit.

The Zambian immigration regulatory and legal framework does not currently provide for remote working visas or permits.

Although most regulations relating to permits do not specifically and expressly stipulate prerequisite language requirements, the application process requirements of most, if not all permits, ask for information on the applicant’s fluency in English or any language indigenous to Zambia.

There are no medical or vaccination certificates required for foreigners entering the country. Travellers to Zambia are encouraged to be fully vaccinated against COVID-19 but this is not mandatory. On 21 March 2023 the Zambian Ministry of Health announced the lifting of all COVID-19 travel-related restrictions at points of entry with immediate effect.

Travellers to Zambia are no longer required to show proof of vaccination, recovery from or testing for COVID-19.

The applicant is required to demonstrate their suitability for the job in the application by virtue of their academic or professional qualifications, standard of education, skill and financial resources. They also need to show that there is no applicant available in Zambia who meets the requirements of the job or who is better qualified to do it than they are.

Furthermore, the applicant must demonstrate that granting them an employment permit is likely to be of benefit to the inhabitants of Zambia generally. 

In Zambia, an applicant for an employment permit is required to specify the employer that is offering the employment and the actual place of employment. When the permit is granted, the applicant is restricted to only working for that specific employer and at the specific place indicated in the application as the place of employment.

In the event that an applicant desires to change their employer or place of employment or any other details on the employment permit, the person is required to make another application giving the new details, or write to notify the Director General of Immigration, of the change.

The application is completed and lodged online. Once the application is lodged, the applicant has to wait for the immigration committee sittings which take place every Tuesday and Thursday. 

The applications are dealt with on a first in, first out basis which is affected by the volume of applications being processed. Although the Department of Immigration advises that the application will be processed within a period of 14 working days, practically, it takes anything between seven days and six weeks before the application status is advised.

Applicants are generally required to be outside the country at the time of applying for a permit and are only allowed entry when the application is approved. Only a few permits, such as a temporary employment permit, allow an applicant to be within the country at the time of making the application. 

Zambian immigration regulations do not currently provide for expedited/fast-tracked processing.

Once an application is approved by means of an approval letter from the Department, an applicant is required to appear before an immigration office upon entry into the country and present an original passport in order to be granted the actual permit card.

The typical cost of permits ranges between USD60 and USD1,200, the most expensive being the long-term permits, such as a residence permit, employment permit or investor’s permit.

Zambian immigration regulations do not currently exclude an individual from paying the costs related to an employment permit. This means that both the employer and the employee can pay the costs in the case of employment permits. 

Any foreigner who engages in any employment, prescribed trade, work, business or any other occupation without a permit is committing an offence under Zambian law. Furthermore, any sponsor who allows a foreigner to continue working when their employment permit has expired is committing an offence.

A person who contravenes immigration law is liable, upon conviction, to a fine or to imprisonment. Additionally, the person’s permit may be subject to variation or revocation.

The Immigration and Deportation Act imposes a number of obligations on employers. According to the Act, the employer may not employ:

• an illegal immigrant; 
• a foreigner whose status does not authorise them to be employed by the employer; or 
• a foreigner on terms and conditions or in a capacity that differs from the terms and conditions or capacity allowed by the foreigner’s status. 

The following obligations also apply:

• An employer must make an effort in good faith to ascertain that no illegal immigrant is employed by them and to ascertain the status or citizenship of those in their employ.
• An employer must, on the termination of an employment contract or the resignation or dismissal of a foreign employee who is the holder of an employment permit, surrender the employment permit to the Director General of Immigration within one month of the termination of the employment contract, resignation or dismissal of the foreign employee.
• An employer shall, on the termination of an employment contract or the resignation or dismissal of a foreign employee who is the holder of an employment permit, be fully responsible for the repatriation of the former foreign employee and other costs associated with the removal or deportation of that former foreign employee, if that former foreign employee fails to leave Zambia when no longer in employment.
• An employer who fails to surrender the employment permit or take responsibility for the repatriation of the former foreign employee and other costs associated with their removal or deportation, is committing an offence and is liable, upon conviction, to a fine.
• An employer employing a foreigner must keep the prescribed records relating to the foreigner’s employment for two years after the termination of such foreigner’s employment.
• An employer employing a foreigner must report the termination of such foreigner’s employment, and any breach of status on the part of the foreigner, to the Immigration Department for two years after the termination of such foreigner’s employment.
• If an illegal immigrant is found on any premises where a business is conducted, it will be presumed that such illegal immigrant is or was employed by the person who has control over the premises, unless prima facie evidence to the contrary is adduced.
• If a foreign employee is moving to work at a different location, the employer must notify the Director General of Immigration of such change of address, in writing.

In Zambia, the right-to-work check requirement is known as an inspection. Once an applicant has submitted their application for an employment permit, the Department can proceed to ascertain whether the sponsor actually exists and whether the nature of the work for which the application was made, corresponds with the work the sponsor is engaged in. Thereafter, the Department can proceed to grant or reject the application based on its findings after the inspection.

All long-term permits, such as residence permits and employment permits, recognise the family relationships of spouse, children and dependants. However, all persons who enter the country under someone else’s permit are required to apply for individual permits if they want to work or do business in the country.

All persons who enter the country under someone else’s permit are required to apply for individual permits if they want to work or do business in the country.