Immigration law in Lesotho

Lesotho's main immigration rules are based on the Aliens Control Act 1966, the Aliens Control Regulations 1968, the Lesotho Citizenship Order 1971, the Refugee Act 1983 and the Refugee Regulations 1986. The Ministry of Home Affairs and Immigration Services handles immigration administration. Lesotho missions and consular services abroad can support visa applications, while immigration officers and designated ports of entry control admission. The Refugee Coordinating Unit coordinates refugee matters, and the Interministerial Committee for Determination of Refugee Status decides refugee status. There is no separate municipal immigration regime evidenced for Lesotho; practical access can nevertheless differ between border posts and offices. Entry options include single-entry and multiple-entry visas, eVisas, temporary permits and category-specific residence permits. A single-entry visa costs M1,000, is generally valid for three months and normally takes three to five working days. A multiple-entry visa costs M2,000 and is generally valid for six months. Visa categories include tourist, visitor, business, marriage, missionary, volunteer, exchange or sport, study, tertiary or university study, school study, government guest and expatriate travel. Lesotho's public information discourages relying on visa on arrival. The country has 14 border posts with South Africa; some are not staffed continuously, while Maseru and Maputsoe are among the busiest. Residence status depends on the purpose and duration of the stay. A temporary permit can cover up to 90 days. Other categories include a two-year residence permit, a study permit of up to four years and an indefinite permit. People joining relatives or spouses, returning former citizens, doctors, nurses, teachers, missionaries, volunteers and business applicants may fall under different category rules and fees. The application file can include a passport, entry stamp or earlier permit, application letters, a medical form or report, police clearance where required, proof of accommodation, a bank statement, certified education documents, an employment contract, a work permit, tax clearance, a trader licence or a visa certificate. Certified copies and official verification may be required. Employment requires separate attention. A residence permit alone is not an employment authorization. Work normally requires a work permit or work visa, together with the required residence documentation or proof of approval. Working without the correct authorization, overstaying or breaching a permit condition can lead to immigration enforcement and unlawful presence. Family applications generally require proof of the relationship, a sponsor's residence permit and financial evidence. The published material includes a minimum of M10,000 for each foreign relative in the joining-relative category. Marriage cases can require affidavits, family identification documents, a letter confirming no impediment, police clearance and Gazette-related documents. Study applications usually require admission, registration with the Ministry of Education, certificates or transcripts, proof of funding, a medical report and insurance. Residence fees vary by category. Published examples include M3,000 for a two-year business, doctor or teacher permit, M5,000 for a two-year missionary permit and M25,000 for an indefinite permit in those examples. Joining-relative tariffs can vary by sex and age. The public residence Charter generally indicates about four weeks for processing, but applicants should verify the current category, fee schedule and document list before submitting an application. People seeking protection can use the asylum and refugee procedure. The refugee definition covers persecution based on race, religion, nationality, membership of a social group or political opinion, as well as external aggression, occupation, foreign domination and events seriously disturbing public order. An applicant should report within 14 days to the nearest immigration or authorized officer. Until refugee status is decided, the law provides protection against being declared a prohibited immigrant, detained or penalized solely because of illegal entry or presence, and the non-refoulement principle limits return to a place where the person faces the relevant danger. The public sources do not state a fixed asylum fee or processing time. A rejected applicant should receive a reasonable period to obtain lawful admission to another country. Permanent residence uses the indefinite permit. It is a discretionary legal status and does not arise automatically from five years of residence. The Ministry warns that permits and citizenship cannot be bought and that the purpose of the application, documents and contribution or value claimed by the applicant may be scrutinized. Expiry of a permit or breach of its conditions can make presence unlawful. Citizenship may arise through birth or parentage, registration, naturalisation or a marriage-related pathway. Naturalisation generally requires at least five years of lawful residence, continuous residence with a valid residence permit under the current Charter, adequate Sesotho or English, good character, financial solvency, an oath, an intention to reside permanently and evidence of suitability. Refugee naturalisation requires 12 months immediately before the application plus an aggregate of at least five earlier years, alongside the language, character, suitability and permanent-residence conditions. A marriage pathway for either spouse under the 2018 constitutional amendment involves five years of cohabitation in Lesotho and continuous lawful stay, as well as the required application and oath. Dual citizenship has been constitutionally permitted since 2018. Naturalised and registered citizens may face a ten-year waiting period for social benefits. A 2025 Senate amendment proposal should not be treated as enacted law, and older citizenship provisions must be read in light of the 2018 amendment. An entry refusal, permit refusal or expulsion order may be issued by the Minister or an authorized officer. Unlawful presence can lead to an expulsion order and, in some cases, detention or custody while removal is arranged. False information, obstruction, forgery and permit breaches can create offences. The Aliens Control Act does not provide a statutory appeal against every ministerial or official act, but the High Court can provide constitutional redress or judicial review. A pending High Court application generally suspends enforcement under section 40(4) unless the Court orders otherwise. Citizenship delay or refusal may also be challenged through judicial review or mandamus, although courts give weight to the Minister's lawful discretion. Keep passports, permits, approvals, receipts and certified evidence together and check the current official requirements before travel, work, study or a citizenship application.