Immigration law in Burundi

The central legal basis is the Migration Regulation Law No. 1/25 of 05.11.2021 (Loi No. 1/25 du 05.11.2021 portant réglementation des migrations au Burundi). It replaces the former Decree-Law No. 1/007/1989 (Décret-loi No. 1/007/1989) and Law No. 1/32/2008 (Loi No. 1/32/2008). The law covers entry and departure, travel documents, visas, residence and settlement, refusal of entry, return, unlawful residence, expulsion, refugees, stateless persons, asylum, data processing and sanctions. The General Commissariat for Migration (Commissariat Général des Migrations) approves entry, residence and departure and maintains the register and database for foreign nationals. The Ministry of the Interior is responsible for general migration administration. The Ministry of Foreign Affairs handles diplomatic and certain consular procedures. For refugee and stateless-person status, the CGM, the National Office for the Protection of Refugees and Stateless Persons (Office National de Protection des Réfugiés et des Apatrides), the Consultative Commission for Foreigners and Refugees (Commission Consultative pour Etrangers et Réfugiés) and the Appeals Committee (Comité de Recours) work together. Different visas apply depending on the purpose of entry. According to the available information, a transit visa costs 40 US dollars and is valid for 72 hours. A single-entry visa costs 70 US dollars per month, and a multiple-entry visa costs 90 US dollars per month. For nationals of the East African Community (EAC), an EAC access visa and an EAC study visa may be free of charge. The exact category, duration and document list should be confirmed with the CGM before travel. Contractual or international-law special arrangements may create additional options. Work, business activity, self-employment and study have different requirements. For employment, the documents generally required as evidence include an employment contract, a certificate of service and a letter of commitment. A separate work permit remains necessary; an entry visa does not automatically grant the right to work. For business or self-employed activity, a tax identification number and a commercial-register entry may be required. For study, the EAC study visa is an available option. Diplomatic and courtesy cases are handled through the Ministry of Foreign Affairs. Minors and family members may be linked through certified copies or a transfer to the parent’s visa. According to the published information, a settlement visa requires, among other things, a valid passport or visa, a passport photo, at least six months of residence in Burundi, and evidence of employment or business activity. The published fee is 500 US dollars and the validity period is two years. No fee is stated for courtesy cases, whose validity is two years; a diplomatic settlement visa may be valid for three years. Public information on the visa for permanent residents states a fee of 500 US dollars for non-EAC and non-CEPGL nationals, as well as a security deposit of 1,500 US dollars for renewable validity of two years. These statements are not fully consistent: a current Ministry of Foreign Affairs page mentions 99 years only for copies or transfers of a permanent-resident visa. A settlement visa therefore cannot automatically be equated with the legal status of a permanent resident; the CGM must confirm the current classification. The secure residence card is governed by the current Ministerial Order No. 530/540/195 (Ordonnance Ministérielle n°530/540/195). The basic file includes a valid passport or other valid travel document, a current visa or a special CEPGL residence permit (CEPGL-Aufenthaltserlaubnis), a photograph, a certificate of residence in Burundi and proof of payment. Missing requirements may jeopardize the issuance or renewal of the visa or residence right. The exact fee and current detailed requirements should be checked with the competent authority. Anyone residing in Burundi must keep travel documents and residence status valid, comply with the approved purpose and duration of stay, and observe the requirements for registration and the residence card. Unlawful residence may result in refusal of entry, return, temporary detention, expulsion or further sanctions. The sources reviewed do not establish a general possibility of subsequent regularization. Burundi is a party to the 1951 Geneva Refugee Convention, the 1967 Protocol and the 1969 OAU Refugee Convention. An asylum seeker or refugee must not be returned to an area where persecution or a serious threat to life or freedom is likely. The request for protection should preferably be declared at the border. Anyone who does not do so should contact the competent migration authority within 30 days of entry. No specific document is mandatory for the initial declaration, but proof of identity facilitates processing. The CGM conducts a preliminary examination. This is followed by registration with the ONPRA, biometric and case-related recording, an interview on refugee status, a first-instance decision by the CCER and, where applicable, an appeal to the CR. Since February 2024, profiling, registration, examination and appeal proceedings have taken place exclusively in the Cishemere and Makombe transit centres; newly arriving persons entering through Bujumbura should first contact the ONPRA. During the procedure, a 30-day residence authorization for movement may initially be issued before a provisional residence permit follows. A timely asylum report protects against criminal sanctions for unlawful entry or unlawful residence. Refugee status may extend to spouses and minor children who were declared during flight or found separately later, unless circumstances to the contrary exist. Refugees receive preferential treatment in access to employment; according to the available information, the rules for liberal professions are comparable to the treatment of nationals of favored treaty or EAC states. The CCER decides or is consulted on permanent residence status, non-renewal of a settlement visa, expulsion, and refugee and stateless-person status. The CR reviews CCER decisions, in particular for violations of law, abuse or excess of discretion, and incorrect or incomplete facts. The current sources reviewed do not establish a general legal remedy against every visa refusal. Protection against return places a legal limit on this authority. Burundian nationality is governed by Nationality Law No. 1/013/2000 (Loi No. 1/013/2000) and Decree No. 100/156/2003 (Décret No. 100/156/2003). Nationality may derive from descent from a Burundian parent or from recognized descent. Statutory presumptions apply to persons with unknown parents, foundlings and minors whose parents acquire or reacquire nationality. A foreign woman may acquire it through a valid marriage to a Burundian and a declaration before the civil registrar. Under certain conditions, an option is available to children of a Burundian parent or adopted children residing in Burundi. Naturalization takes place by presidential decree and requires, among other things, a minimum age of 21, good character, no conviction for a felony or misdemeanor, ties and integration, and generally ten years of permanent residence. For foreigners married to a Burundian woman or in cases of exceptional merit, the residence period may be reduced to five years. The procedure includes, among other things, a curriculum vitae, birth records, proof of previous nationality, proof of the period of residence, certificates of good character and citizenship, a criminal-record extract and evidence of ties to Burundi. The application proceeds through the Ministry of Justice and the competent public prosecutor. This is followed by a public notice of at least three months, an investigation lasting no more than ten months, an opinion from an advisory commission within no more than two months, and a decision within no more than two years. After a refusal, a new application is generally possible only after three years. Naturalization takes effect after registration and publication; certain rights arising from naturalization take effect only after ten years. Persons of Burundian origin may hold dual nationality. Current fees are set by a joint order of the Ministries of Justice and Finance; their amount is not confirmed in the available information. The sources reviewed do not establish a separate statutory language, civics or integration test.