Immigration law in Eswatini

The main legal framework reviewed on 13 September 2026 consists of Chapter IV of the Constitution, the Immigration Act 1982, the Immigration Regulations 1987, the Citizenship Act 1992 and the Refugees Act 2017. Immigration Bill No. 23/2025 appears in official parliamentary materials, but no enacted replacement was identified in the reviewed official legislation, so the existing Acts and Regulations remain the operating basis. Individual cases can still depend on administrative assessment by the responsible authority. The Ministry of Home Affairs and its Immigration Department handle immigration administration. The Chief Immigration Officer and immigration officers deal with permits, passes, conditions and enforcement. Different permissions serve different purposes: visitor and transit permissions cover short stays, a Temporary Residence Permit covers longer residence or activities such as work and study, and dependant, student, business and special passes address specific situations. A work permit normally relates to a defined employer, position and qualification. Working outside its conditions or without written approval can be unlawful. Applications commonly require a valid passport, photographs, medical evidence, police clearance, proof of funds or support and documents showing the purpose of the stay. Work applications can require an employer letter, a full-page job advertisement, qualification certificates and employer registration documents. Study applications can require an admission letter and a support letter from the Ministry of Education. Family applications can require proof of the sponsor's status, income and dependency, together with marriage or other relationship evidence. The exact form and document set depend on the permission requested. Visitors may receive a stay of up to six months, with extensions subject to a total maximum of one year. A visitor may not undertake paid or unpaid employment without written permission from the Chief Immigration Officer. A transit pass can last up to seven days, while a special pass can cover an appeal, a pending application or another specific purpose for up to three months. Students who do not begin their studies within 30 days, or whose studies end, can lose the student pass after a further 30 days. A dependant pass generally ends 30 days after dependency or maintenance ends, the sponsor dies or leaves Eswatini permanently, or the dependant starts working. The law provides several work and business categories, including employment with a specific employer, business or professional activity, manufacturing, mining, agriculture and prescribed professions. Each category can require evidence of qualifications, licences, capital, land rights, employer documents and a benefit to Eswatini. A permit does not automatically create permanent residence, citizenship or unrestricted movement. Eswatini has no separately named permanent-residence title in the reviewed local sources. Class J provides an indirect long-term status for some people with at least ten years of continuous residence or a previous residence-permit basis, together with Khonta and a citizenship application that has not been refused. Khonta is a local land or community affiliation evidenced by a Khonta certificate. Class J does not automatically grant citizenship. Citizenship by registration can require lawful continuous residence for at least 12 months immediately before applying and an aggregate of at least five years during the preceding seven years, good character, sufficient siSwati or English, an intention to reside, adequate support and a contribution to the country. A person also takes an oath or affirmation, and the Citizenship Board decides the application. The Constitution and citizenship legislation provide other pathways based on birth, descent, marriage and Khonta. Official service information lists C1, C2 and C3 forms and different fees, while another official fee notice lists different application amounts; the current fee and payment deadline should therefore be confirmed with the Chief Immigration Officer before payment. An approved citizenship fee must be paid within 90 days where that requirement applies. Asylum claims may be made orally or in writing to an authorised officer at the border or inside Eswatini. The Commissioner for Refugees and refugee-status officers arrange the process, including an interview, an interpreter and support for special needs. The National Refugee Advisory Committee should make the final decision within 180 days. A successful applicant receives a Refugee ID, and an unsuccessful applicant may appeal to the National Refugee Appeals Board within 21 days. Protection against return, family unity and a Refugee Travel Document are relevant consequences of refugee status, while refugees must follow Eswatini law and applicable refugee obligations. Refusal, unlawful presence, overstay, unauthorised work, false information and breaches of permit conditions can lead to criminal consequences, cancellation or removal. A permit obtained through fraud or concealment can be void from the beginning. A permit refusal outside Classes I and J can generally be appealed to the Minister through Form 5 within 21 days after notification, with a copy to the Chief Immigration Officer and the applicable fee. A written removal order may follow unlawful presence after advice from the Immigration Advisory Committee. The authorities can arrest without a warrant in specified immigration situations and may examine documents and conduct searches or medical checks under the law. The published tariff information is not fully consistent. Examples in the reviewed regulations include Temporary Residence Permit fees of E300, E600, E900 or E1,200 for successive three-month bands, student permits up to E900 for 12 months, visitor permits using similar bands, special passes of E200 or E500, and appeal fees of E1,000. Visa fees and overstay penalties are listed separately, including overstay amounts of E500, E1,000 or E2,000 depending on duration. Confirm the current amount, required form, payment method and processing expectations directly with the Immigration Department before filing.