Immigration law in Namibia

The main legal framework consists of the Immigration Control Act 1993 and its amendments, the Immigration Regulations 1994, the Namibian Citizenship Act 1990, the Refugees (Recognition and Control) Act 1999 and relevant constitutional protections. The Ministry of Home Affairs, Immigration, Safety and Security, known as MHAISS, administers forms, fees, visas, permits and citizenship matters. Its Department of Immigration Control and Citizenship handles ports of entry and departure, while the Directorate of Visas, Permits, Passports and Citizenship handles many applications at headquarters. Immigration officers apply the entry rules, the Immigration Selection Board considers permanent residence and employment permits, and the Commissioner for Refugees and Namibia Refugees Committee handle refugee recognition matters. Entry generally requires an unexpired passport or travel document, a valid visa or an applicable exemption, sufficient blank pages and a passport validity extending at least six months beyond the intended stay. A visa remains tied to its purpose and conditions. Visitor, holiday, business, transit and short-term employment permissions do not create the same rights: a visitor or student permit does not automatically authorize employment or business activity. Transit permission is limited to 72 hours. Ordinary-passport exemptions apply only to listed jurisdictions and generally allow holiday or tourism stays of up to three months within one calendar year. Visa on Arrival and electronic services are available only to eligible nationalities through designated channels and ports, subject to current MHAISS conditions. Residence permissions cover temporary stays for employment, study, family accompaniment and other approved purposes, as well as permanent residence. An employment permit is linked to the approved employer, position, purpose and conditions. The application normally requires an offer of employment, employer representation, company information, evidence of qualifications and experience, vacancy advertising and information about unsuccessful Namibian candidates; professional registration may also be required. The Immigration Selection Board considers the application, including whether suitable local labour is available. A short-term employment visa can cover up to 90 days, while employment exceeding six months generally requires the employment-permit process. A study permit normally requires admission or registration at an approved institution, a motivation, proof of sponsorship or funds, police clearance, medical and radiological reports, photographs, a passport and surety. It does not authorize work unless the permission expressly connects the work to required training. A spouse or dependent child may receive authorization linked to the principal holder’s employment, study or visitor permission, but separate relationship, custody, consent and maintenance evidence may be required. Permanent residence requires a permanent residence permit application to the Chief of Immigration and consideration by the Immigration Selection Board. The assessment can include good character, means of support or employable qualifications and experience, the applicant’s suitability for Namibia, labour-market considerations and whether the person may harm Namibia. A permanent residence permit can lapse if the holder does not enter within six months without an extension, remains outside Namibia before establishing domicile for more than two years, permanently leaves or becomes a prohibited immigrant. Permanent residence does not automatically confer citizenship. Naturalisation generally requires ten years of ordinary residence by a permanent residence permit holder, lawful admission, good character, an intention to continue residing in Namibia, knowledge of citizenship responsibilities and privileges, and willingness to renounce foreign citizenship. Birth, descent, marriage, registration, restoration and renunciation follow separate legal requirements, and the treatment of dual nationality differs between citizenship acquired by birth or descent and naturalisation. Namibia’s refugee protection system covers people who meet the statutory refugee definition, including persecution for specified reasons or events seriously disturbing public order. An application should be made in writing to an authorized officer within 30 days after entry, and the rules cover both lawful and unlawful entry. The applicant and accompanying family may remain while the claim and any appeal are pending. A recognized refugee receives identification and a right to stay, subject to the statutory rules on exclusion, withdrawal and cessation. A decision by the Commissioner can generally be appealed to the Namibia Refugees Appeal Board within 14 days; detention or expulsion orders have a seven-day appeal period. False information, overstaying, unauthorized work or study and other breaches can lead to cancellation, an offence or prohibited-immigrant treatment. Prohibited-immigrant grounds can include a previous removal, insufficient means, specified diseases or convictions and other statutory grounds. A written decision, application receipt and evidence should be retained. Removal proceedings can involve the Immigration Tribunal, legal representation and at least 48 hours’ departure notice. Appeals depend on the decision category: entry refusal under section 10(2) has no appeal, while visa and permit appeals follow the applicable MHAISS procedure and deadline. Tribunal appeals are generally limited, although a reserved question of law may proceed to the High Court and later the Supreme Court; urgent constitutional or judicial review may also be relevant. At the researched MHAISS public tariff, a permanent residence permit costs N$20,000, an employment permit N$2,600 per year, a primary or secondary study permit N$1,600 per year, a tertiary study permit N$2,200 per year, a visitor or other visa N$1,200 for up to 90 days, Visa on Arrival N$600 for up to 90 days per year, and short-term employment N$1,100 for up to 90 days per year. A permit or visa appeal costs N$200. Fees, exemptions, processing times and non-refundable treatment depend on the current notice, application category, mission, appointment availability and any Immigration Selection Board review, so the current MHAISS tariff and instructions should be checked before payment.