Immigration law in Malawi

The Department of Immigration and Citizenship Services (DICS) administers immigration matters through its headquarters in Blantyre, regional offices in Lilongwe and Mzuzu, foreign missions and online services. The Ministry of Home Affairs and Internal Security, the Director General or Chief Immigration Officer, the Minister and specialised bodies such as the TEP Approval Committee and Refugee Committee also have defined responsibilities. A visa or eVisa is permission to enter or re-enter Malawi, not permission to work, operate a business or remain for a longer period. An eVisa application normally requires an online account, passport and travel details, a photograph, supporting documents and online payment by card in US dollars. The applicant should print the approval before travelling. A port-of-entry officer can ask questions and can refuse entry even when a visa has been issued. Visa validity and the permitted length of stay are separate matters. Tourists, people visiting relatives and short-term business visitors generally use a Visitors Permit or Business Visit Permit. A border issue usually allows 30 days, with an application and fee permitting an extension for up to a further 60 days; public guidance describes the maximum visitor period as three months. The traveller may need a recognised travel document valid for the stay, sufficient funds, a return or onward ticket and the right to enter the next country. Work or long-term residence requires a different permit. Applications may be submitted through a Malawi foreign mission, a Malawi sponsor, an immigration office or the e-Permit portal, depending on the category. The portal supports new applications, renewals and tracking. Applicants normally provide the category form, passport or other travel document, photographs, sponsor, employer, admission or business documents and financial evidence where required. Copies may need to be self-attested or certified, while originals may be checked at the counter. An interview or additional evidence may be requested. The category-specific checklist controls the required documents, because Malawi does not publish one universal checklist for every permit. An approved permit fee is generally due within 30 days of formal notification. A foreign national offered specified employment by a Malawi organisation generally needs a Temporary Employment Permit (TEP). The employer or organisation applies, and a new applicant normally remains outside Malawi until approval. The application passes through immigration offices and the TEP Approval Committee to the Minister. A TEP is tied to the named employer and employment, rather than providing general access to the labour market. Renewal is allowed up to two times, and a renewal application should be filed at least three months before expiry. A Study Permit covers study or educational research at an approved educational institution. The application is filed through headquarters or a regional office with the required form, documents and fee, and the Chief Immigration Officer decides it. Renewal should be requested at least three months before expiry. A Business Residence Permit (BRP) covers self-employment, partnership, proprietorship, a profession or another occupation carried on for gain. Listed sectors include manufacturing, mining, agriculture, fisheries, tourism, financial services and other productive activities. External lawful investment generally requires at least US$50,000. A BRP is valid for five years from approval and may be renewed for successive five-year periods, but the business must not begin operating before approval. Renewal requires an application at least three months before expiry and evidence that the business remains viable. A Temporary Residence Permit (TRP) can follow a valid Visitors Permit or Business Visit Permit when a person has been in Malawi for up to 90 days and has a legitimate, justifiable reason to continue staying. It can also cover certain short consultancy or work-related activities. An institution may submit a consultant's application. A Permanent Residence Permit (PRP) covers permanent residence and has listed access categories including foreign spouses of Malawian citizens, people retiring with assured income, over-aged dependants of a PRP holder and people with at least five years of ordinary residence. The Minister decides PRP applications. A Temporary Permit may also be available when the Minister authorises temporary entry or transit for a person previously declared a Prohibited Immigrant. Technical Assistance Permits cover foreign nationals on development activities sponsored by a country or agency. Diplomatic Permits apply to diplomats and foreign missions. These formal categories, along with other permit names, are reflected in the e-Permit system. A general standalone dependant or family-reunification permit was not located in the current DICS public menu. No automatic family right should therefore be assumed; the sponsor and dependant relationship, lawful status and supporting evidence require case-specific assessment. Refugee law separately defines family members to include spouses, unmarried children under 21 and other dependant relatives. A person seeking protection may claim asylum at the border or within Malawi before a competent officer. The Refugee Committee receives, hears, grants, denies and revokes refugee status. Malawi's non-refoulement safeguards protect a claimant from being returned while the claim is being processed, and a claimant may enter and remain for that process. The reviewed legal materials differ on whether an irregular entrant must report within 20 or 24 hours, so the person should present to the competent officer immediately and obtain case-specific legal assistance. The Refugee Regulations set a 30-day decision target, require a hearing and opportunity to provide evidence before denial, and provide written notice. An appeal to the Minister is generally made within 14 days. UNHCR may provide support or advice, but it does not make the final status decision. The reviewed sources did not confirm general refugee access to work or study, and Dzaleka is a major practical settlement context rather than a substitute for status determination. Malawi citizenship can arise through birth, descent, registration, naturalisation, registration of a stateless person, special conferment, restoration, renunciation or deprivation. Common statutory registration criteria include five years of ordinary residence, prescribed vernacular or English ability, good character and suitability. Naturalisation under section 21 of the Citizenship Act generally requires full age and capacity, seven years of ordinary residence immediately before the application, adequate prescribed vernacular or English, good character, financial solvency and suitability. DICS guidance separately refers to a BRP held for more than five years or a PRP, so the applicable basis must be confirmed with DICS. Applications are made personally at headquarters or a regional office with the prescribed fee and evidence; an interview or additional documents may follow. DICS publishes a target of 40 working days. Published citizenship fees include US$20,000 for registration, spouse, minor and naturalisation applications, US$7,500 for a stateless-person application, US$500 for renunciation and US$100 for restoration. Other published fees include US$700 for third-generation citizenship, K40,000 for a citizenship certification letter and K150,000 for a replacement certificate. Separate dual-citizenship checklists show K100,000 and K50,000 for a minor's age-19 notification, so the fee must be confirmed when filing. DICS states that only citizens by birth or descent qualify for dual citizenship; naturalised, registered and specially conferred citizens are excluded under that guidance. A minor or a person reaching age 19 may need the relevant notification or restoration form. Citizenship refusal and appeal information is not fully consistent: DICS guidance refers to an appeal, while section 29 of the Citizenship Act describes the Minister's decision as final and states that no reasons or court appeal are required. The applicable current law and legal advice should be checked for the individual case. A permit refusal may be appealed to the Minister of Home Affairs through the processing office. An eVisa refusal normally requires a new application, and the fee is non-refundable; a reason is not guaranteed. A visa does not guarantee entry. Immigration law also provides for removal or deportation of an undesirable or illegally present foreign national and for certain convictions after the sentence or fine, but the person's status, permit conditions, procedural position and current constitutional protections must be assessed rather than assuming automatic removal. Published visa fees include US$50 for transit and single-entry visas, US$150 for a six-month multiple-entry visa and US$250 for a 12-month multiple-entry visa. The published eVisa processing target is three working days. Visa eligibility, Category 1 and Category 2 nationality lists, permit fees and processing information can change, so the current DICS or eVisa portal should be checked at the time of application. Category 2 nationals are listed as eligible for visa on arrival at designated ports from 24 February 2026, while Category 1 nationals require a visa or prior authorisation before departure.