INSIGHT: PROPERTY GUIDE

Types of permits

Hi, ABC Attorneys! I am Jimmy. I recently moved to Tanzania for work. I want my wife and children to come and join me here. What should I do to make it possible? I would also like to know how many types of permits are there? What distinguishes one type of permit from another?

Well, the Immigration Act, 1995 is clear in that there are a number of permits that foreigners can have to enable them to live and work in Tanzania. Since you work in Tanzania I assume you have a valid work and resident permits with you.

Regarding your spouse and children, there are several options depending on what they will be doing in he country. If your spouse will not be doing any work, while in Tanzania, you can apply for a dependant pass for her as well as your children. However, if your spouse will be working, she is required by law to apply for a relevant work and a residence permit corresponding with her work and that can be Class A, B, or C. If your children will be attending school in Tanzania, they will be required to have a permit for students, which is usually class C.

Depending on which permit or pass you require for your family, you will have to fill prescribed forms, and attach required supporting documents. You will also have to pay prescribed fees, which may vary depending on which permit/pass you apply for your family.

Responding to your question about types of permits, well there are work permits, which are of three types, they are Work Permit Class A, B and C.

Work Permit Class A is issued to an investor, who is self-employed. That is a person, who is engaged in an economic activity not under any contract of employment or under the supervision and, who earns a living through that economic activity.

Work Permit Class B is issued to a non-citizen who has a medical or health care profession, expert in oil and gas, teachers and university lecturers in science and mathematics.

Work Permit Class C is issued to a non-citizen, who is in possession of such other profession, which does not fall within the prescribed professions entitled to Work Permit Class B.

There are also resident permits. This also implies one must have both a work permit and a resident permit in order to live and work in Tanzania as far as the laws provides.

Resident permits are also of three types; they are Class A, Class B and Class C.

Residence Permit Class A may be granted to a person who intends to enter or remain in Tanzania and engage in trade, business, profession and agriculture, animal husbandry, prospecting of minerals or manufacture.

Residence Permit Class B is issued to a foreigner, who has obtained specified employment in Tanzania, and the Commissioner General of Immigration Services (subject to recommendation by the Director of Employment) is satisfied that he possesses qualifications or skills necessary for that employment and that his employment will be of benefit to Tanzania.

Residence Permit Class C may be issued to foreigners intending to enter and reside in Tanzania for purposes other than those specified for the grant of Residence Permit Class A or B. These include students, researchers, volunteers, persons attending cases in court, persons, who have formerly been residents and are about to leave the country (winding up affairs) and persons attending medical treatment in hospitals.

There are also passes such as dependant passes, special passes and the like that also allow a foreigner to live in Tanzania. These permits and passes are subject to conditions and a person, who has been granted the permit or pass must comply with its conditions otherwise they may be revoked.

What distinguishes the permits and the passes from each other is the purpose for which they are given. As you can see from the explanation above, Class A permits are mostly granted to investors, whereas Class B permits are granted to professionals, who are much needed in Tanzania. Therefore, it is the purpose for which a permit is granted that distinguishes one permit from the other, and the conditions attached to that permit as well. For further clarification please contact your lawyer

Matrimonial property after divorce

Hi! I would like to know if it is possible to divorce within or after one year of marriage?

The Law of Marriage Act, 1971 provides for some restrictions on petitioning for divorce during the first two years of marriage. That is, one would be required to seek leave of the court before petitioning for divorce if the marriage is less than two years old.

Furthermore, the law expressly provides that no leave shall be granted by the court unless it is shown that exceptional hardships are suffered by the person applying for the leave.

This means that it is possible to petition and divorce after only one year of marriage provided before petitioning, one seeks leave of the court and shows in that application that he or she is suffering exceptional hardships in that marriage he or she seeks to dissolve.