Immigration Control Act, 2026
This section gives the Act its short title and says it starts on a date appointed by the Minister by Statutory Instrument.
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 3 of 2026
- Version
- 8 Apr 2026
- Language
- en
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Statute overview
About this statute
This section gives the Act its short title and says it starts on a date appointed by the Minister by Statutory Instrument. This section defines terms used in the Act, including “admission,” “business visitor,” “foreigner,” “immigration officer,” “visa,” and several permit types. The Immigration Department continues under this Act, and it administers the Act under the general direction of the Permanent Secretary in the home affairs ministry. The Department has multiple immigration and border-control functions, including controlling borders, regulating migration, issuing visas and permits, removing or deporting certain immigrants, and advising the Minister. The Zambia Police Service Commission must appoint key Department officers, including the Director-General and Deputy Director-General, and the Department must maintain officers in overseas missions.
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Provisions of Immigration Control Act, 2026
Showing 83 of 83
Part
PART I
- 1 Verify source ↗
Short title and commencement
This section gives the Act its short title and says it starts on a date appointed by the Minister by Statutory Instrument.
1. This Act may be cited as the Immigration Control Act, 2026 and shall come into operation on the date that the Minister may, by Statutory Instrument, appoint. Short title and Commen- cement - 2 Verify source ↗
Interpretation
This section defines terms used in the Act, including “admission,” “business visitor,” “foreigner,” “immigration officer,” “visa,” and several permit types.
2. (1) In this Act, unless the context otherwise requires— Interpretation “accommodation establishment” has the meaning assigned to the words in the Tourism and Hospitality Act; Cap. 155 “admission” means the entry of a person into the Republic after examination by an immigration officer at a port of entry; “asylum seeker” has the meaning assigned to the words in the Refugees Act; Cap. 120 54 No. 3 of 2026 Immigration Control “asylum seeker’s permit” means a permit issued under section 23; “authorised officer” includes an— (a) immigration officer; (b) immigration border guard; and (c) officer of the Defence Force, national security service and an investigative authority appointed as an authorised officer under this Act, in writing, by the Director-General; Act No. 8 of 2025 “border” has the meaning assigned to the word in the Border Management and Trade Facilitation Act, 2025; Act No. 8 of 2025 Cap. 1 Cap. 1 “border control” has the meaning assigned to the words in the Border Management and Trade Facilitation Act, 2025; “border pass” means a border pass issued under section 31; “business visitor” means a person coming to the Republic to conduct business during the person’s stay in the Republic and includes— (a) a foreign employee, who is paid by an employer abroad, who comes to the Republic to work for a period not exceeding thirty days; (b) a person who comes to the Republic to advise on the development of any matters relating to business; (c) a person who comes to the Republic to set up a business; (d) foreign employees engaged in voluntary work in the Republic without pay; or (e) a person who provides any service consisting of advice, training or learning by observation or in a classroom; “certificate of registration” means a certificate of registration issued under section 42; “child” has the meaning assigned to the word in the Constitution; “citizen” has the meaning assigned to the word in the Constitution; “commercial driver” means a truck driver or international transit driver; Immigration Control [No. 3 of 2026 55 “Commissioner for Refugees” means a person appointed as Commissioner of Refugees in accordance with the Refugees Act; Cap. 120 “contract of employment” has the meaning assigned to the words in the Employment Code Act; “correctional centre” has the meaning assigned to the words in the Zambia Correctional Service Act, 2021; “court” has the meaning assigned to the word in the Cap. 268 Act No. 37 of 2021 Cap.1 Constitution; “Department” means the Immigration Department continued under section 3; “dependant” means a— (a) (b) child whose parents are holding an investor’s permit or an employment permit; spouse of a person holding an investor’s permit or an employment permit; (c) person aged sixty five years or above and is a parent of a person holding an investor’s permit or an employment permit holder; (d) parent of a person issued with a permit under this Act and who due to a physical or mental incapacity, solely depends on a holder of a permit; (e) (f) child, of a person holding a study permit, who is below the age of seven; or child of a residence permit holder, who is below the age of seven; “deportation” means detaining or removing a prohibited immigrant from the Republic, by the order of the Minister, and “deport” shall be construed accordingly; “diplomatic permit” means a permit issued under section 20; “Director-General” means a person appointed as Director General under section 5; “distance education” has the meaning assigned to the words in the Education Act; Cap.134 56 No. 3 of 2026 Immigration Control Cap. 124 “dual citizen” has the meaning assigned to the words in the Citizenship of Zambia Act; Cap.134 Cap. 268 “educational institution” has the meaning assigned to the words in the Education Act; “employer” has the meaning assigned to the word in the Employment Code Act; “employment permit” means a permit issued under section 16; “established resident” means a person issued with a certificate of status between 1965 and 1997 conferring on that person permanent residence to enter, re-enter and remain in the Republic; “foreign country” means a country other than the Republic; “foreigner” means a person who is not a citizen; Cap. 136 the words in the Higher Education Act; “higher education institution” has the meaning assigned to “illegal immigrant” means a foreigner specified in the Third Schedule; “immediate family” means a husband or wife of a citizen, permit holder, a person issued with visiting days or business days in the Republic or any other person regulated under this Act and includes a person whose parent is a citizen, permit holder, a person issued with visiting days or business days in the Republic or any other person regulated under this Act; “immigration attaché” means an immigration officer who is attached to the Ministry responsible for foreign affairs and is assigned to a diplomatic mission in a foreign country; “immigration border guard” means a person appointed as an immigration border guard under section 6; “immigration consultant” means a person, other than a legal practitioner, who is registered to offer immigration consultancy services under this Act; “immigration holding facility” means an immigration holding facility designated by the Minister under section 64; Immigration Control [No. 3 of 2026 57 “immigration officer” means a person appointed as an immigration officer under section 5; “investor” has the meaning assigned to the word in the Investment Trade and Business Development Act, 2022; Act No. 18 of 2022 “investor’s permit” means a permit issued under section 17; “legal practitioner” has the meaning assigned to the word “practitioner” in the Legal Practitioners Act; Cap. 30 “officer-in-charge” has the meaning assigned to the words in the Zambia Correctional Service Act, 2021; “ordinary visitor” means a visitor, including a tourist and a person visiting friends and relatives in the Republic, other than a business visitor; Act No. 37 of 2021 “passport” has the meaning assigned to the word in the Cap.129 Passport Act; “person” has the meaning assigned to the word in the Cap. 1 Constitution; “port of entry” means a place designated as port of entry by the Minister where a person has to report before entry into, sojourning in, remaining within, or departing from the Republic; “prison” has the meaning assigned to the word in the Zambia Correctional Service Act, 2021; Act No. 37 of 2021 “prohibited immigrant” means a foreigner specified in the Second Schedule; “refugee” has the meaning assigned to the word in the Cap. 120 Refugees Act; “refugee settlement” has the meaning assigned to the words in the Refugees Act; “repealed Act” means the Immigration and Deportation Act; “residence permit” means a permit issued under section 15; “smuggling” has the meaning assigned to the word in the Anti- Human Trafficking Act; “spouse” means a husband or wife, whose marriage was solemnised under the Marriage Act, the laws of a foreign country and meets the requirements of a legal and valid marriage in the Republic or under the Zambian customary law; Cap. 120 Cap. 123 Cap. 131 Cap. 50 58 No. 3 of 2026 Immigration Control “spouse permit” means a permit issued under section 18; “status” means the classification of a person’s presence in the Republic; “study permit” means a permit issued under section 21; “temporary employment permit” means a permit issued under section 28; “temporary permit” means a permit issued under section 33; Cap. 131 “traffic” has the meaning assigned to the word in the Anti- Human Trafficking Act; “transit permit” means a permit issued under section 29; “travel document” has the meaning assigned to the words in Cap. 129 the Passport Act; “visa” means authority to enter the Republic which is confirmed on examination by an immigration officer at the port of entry; “visiting permit” means a permit issued under section 26; “vulnerable migrant” includes— (a) an asylum seeker; (b) a victim of human trafficking; (c) a child within the Republic who is not accompanied by a parent or guardian; or (d) a person within the Republic who is in need of protection; “work” means a task or activity— (a) carried out within specific working hours or at an undertaking specified by the employer with, or without, remuneration; (b) which is of a particular duration and has a certain permanency with, or without, remuneration; (c) that requires the employee’s availability; (d) which requires the provision of tools, material and machinery by the employer; or (e) that is remunerated and constitutes the employee’s sole or principal source of income; Immigration Control [No. 3 of 2026 59 “Zambia Police Service Commission” means the Zambia Police Service Commission established under the Constitution; and Cap. 1 “Zambia Qualifications Authority” means the Zambia Qualifications Authority continued in existence under the Zambia Qualifications Act, 2024. Act No. 8 of 2024 Continuation of Immigration Department Functions of Department PART II THE IMMIGRATION DEPARTMENT
Part
PART II
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The Immigration Department continues under this Act, and it administers the Act under the general direction of the Permanent Secretary in the home affairs ministry.
3. (1) The Immigration Department established under the repealed Act is continued as if established under this Act. (2) The Department is responsible for the administration of this Act under the general direction of the Permanent Secretary in the ministry responsible for home affairs. - 4 Verify source ↗
5. Director-General, Deputy Director-General, immigration
The Department has multiple immigration and border-control functions, including controlling borders, regulating migration, issuing visas and permits, removing or deporting certain immigrants, and advising the Minister.
4. (1) The functions of the Department are to— (a) control all borders in the Republic, in collaboration with other border control agencies; (b) regulate the migration of persons at all ports of entry within the Republic; (c) issue visas and permits to foreigners who qualify; (d) regulate foreigners within the Republic; (e) collaborate with relevant institutions in the prosecution of an offence under this Act; (f) remove illegal immigrants from the Republic; (g) deport prohibited immigrants from the Republic; (h) regulate immigration consultants; (i) collaborate with relevant institutions within and outside the Republic to combat illegal migration; (j) co-operate and coordinate with appropriate regional or international bodies in the prevention of transnational organised crimes; (k) promote and coordinate policies for the regulation of entry of persons in the Republic; (l) maintain information systems on immigration activities; 60 No. 3 of 2026 Immigration Control Director- General, Deputy Director- General, immigration officers and other staff (m) collaborate with relevant institutions on matters relating to vulnerable migrants; (n) monitor compliance with the provisions of this Act; (o) establish a code of ethics for immigration officers and immigration border guards; (p) promote awareness on matters relating to this Act; (q) promote a human rights based approach in relation to immigration control; and (r) advise the Minister on matters relating to migration. - 5 Verify source ↗
Director-General, Deputy Director-General, immigration
The Zambia Police Service Commission must appoint key Department officers, including the Director-General and Deputy Director-General, and the Department must maintain officers in overseas missions.
5. (1) The Zambia Police Service Commission shall appoint as a public officer, a Director-General who is responsible for the performance of the functions of the Department. (2) A person qualifies for appointment as Director-General if that person— (a) is a citizen; (b) holds a grade twelve certificate or its equivalent; (c) holds a bachelor’s degree or an equivalent qualification which is recognised and validated by the Zambia Qualifications Authority; (d) holds a basic immigration certificate issued by the Department; and (e) has at least ten years relevant experience in matters relating to this Act, with five years at management level. (3) The Zambia Police Service Commission shall appoint as a public officer, a Deputy Director-General of the Department. (4) A person qualifies for appointment as Deputy Director- General if that person— (a) is a citizen; (b) holds a grade twelve certificate or its equivalent; (c) holds a bachelor’s degree or equivalent qualification which is recognised and validated by the Zambia Qualifications Authority; (d) holds a basic immigration certificate issued by the Department; and (e) has at least ten years experience in matters relating to this Act, with five years at management level. Immigration Control [No. 3 of 2026 61 (5) The Zambia Police Service Commission shall appoint as public officers, suitably qualified persons as immigration officers and other staff of the Department that may be necessary for the performance of the functions under this Act. (6) The Department shall have officers in missions abroad, in a public body or statutory body in order to promptly and effectively exercise the functions of the Department. , (7) An officer in a mission abroad shall serve as an immigration attache for a term of three years and may be re-appointed for a further and final term of three years. - 6 Verify source ↗
Immigration border guards
The Zambia Police Service Commission must appoint suitably qualified persons as immigration border guards, and those border guards must carry out border-control functions.
6. (1) The Zambia Police Service Commission shall appoint as public officers, suitably qualified persons as immigration border guards. Immigration border guards (2) The functions of immigration border guards are to— (a) guard borders, immigration installations and facilities within the Republic; (b) undertake patrols along the borders in order to prevent illegal border crossing; (c) detect and apprehend suspected illegal immigrants or prohibited immigrants; and (d) perform any other functions as may be prescribed. - 7 Verify source ↗
Delegation of functions by Director-General
The Director-General may delegate functions under the Act to the Deputy Director-General or an immigration officer, but only by written direction and on conditions the Director-General considers necessary.
7. The Director-General may, by direction in writing and on conditions that the Director-General considers necessary, delegate to the Deputy Director-General or an immigration officer any of the Director-General’s functions under this Act. Delegation of functions by Director- General PART III ENTRY INTO AND DEPARTURE FROM THE REPUBLIC
Part
PART III
- 8 Verify source ↗
9. Application for visa
People may only enter the Republic at a port of entry, and non-citizens may enter or remain only if authorised under the Act.
8. (1) Subject to other provisions of this Act, a person shall not enter the Republic other than at a port of entry. Entry and remaining in Republic (2) Subject to this section, a person who is not a citizen shall not enter the Republic unless that person is authorised in accordance with this Act. (3) Subject to this section, the presence in the Republic of a person who is not a citizen is unlawful, unless that person is authorised under this Act. 62 No. 3 of 2026 Immigration Control (4) A person who contravenes this section commits an offence and is liable, on conviction, to a fine of not less than ten thousand penalty units but not exceeding two hundred thousand penalty units. Application for visa - 9 Verify source ↗
Application for visa
People who need a visa to enter the Republic must apply to the Director-General in the prescribed manner and form and pay a prescribed fee.
9. (1) A person who requires a visa to enter the Republic shall apply for a visa to the Director-General in a prescribed manner and form on payment of a prescribed fee. (2) Despite subsection (1), the Director-General may issue a visa gratuitously as may be prescribed. (3) The Director-General shall, within thirty days of receipt of a complete application referred to under subsection (1), grant or reject the application. (4) The Director-General shall, where the Director-General rejects an application, inform the applicant in writing, stating the reasons for the rejection. (5) The Director-General shall, where the applicant meets the prescribed requirements, grant a visa to the applicant in a prescribed form. (6) The Director-General may, withdraw a visa granted under subsection (5) and declare the visa void where the Director-General has reasonable grounds to believe that the— (a) holder of the visa obtained the visa through fraud, misrepresentation or concealment of a material fact; or (b) withdraw is necessary in the public interest. (7) This section shall not apply to countries that the Minister may, by statutory instrument, exempt. - 10 Verify source ↗
Duty to appear before immigration officer on arrival in
A person arriving in the Republic who intends to enter at a port of entry, another non-designated place, or leave the airport precincts must appear before an immigration officer.
10. (1) A person who arrives in the Republic and intends to enter the Republic at a port of entry or at any place other than a designated port of entry, or leave the precincts of the airport, shall appear before an immigration officer. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction to a fine of not less than ten thousand penalty units but not exceeding two hundred thousand penalty units. Duty to appear before immigration officer on arrival in Republic Examination of entrant - 11 Verify source ↗
Examination of entrant
An immigration officer must examine certain arriving persons, ask for a declaration and answers, and may require supporting evidence before deciding whether to authorise entry.
11. (1) An immigration officer shall examine a person appearing in accordance with section 10 before the immigration officer to ascertain that person’s— Immigration Control [No. 3 of 2026 63 (a) identity; (b) reasons for entering the Republic; (c) reasons for intention to remain in the Republic; and (d) status under this Act. (2) An immigration officer shall for the purposes of subsection (1) require a person referred to in that subsection— (a) to make a declaration as to the person’s intention to enter and remain in the Republic in a prescribed form; (b) in writing or orally, to answer any question that the immigration officer may put to that person to the satisfaction of the immigration officer; and (c) to produce documentary or other evidence in support of the reasons for entering or remaining in the Republic. (3) An immigration officer shall not authorise a person who fails to comply with subsection (2) to enter into the Republic. - 12 Verify source ↗
Departure from Republic
People intending to leave the Republic must use a port of entry, unless the Minister authorises another place in writing.
12. (1) A person who intends to leave the Republic shall leave the Republic through a port of entry. (2) Despite subsection (1), the Minister may, in consultation with the Director-General authorise a person, in writing, to leave the Republic at a place other than a designated port of entry. (3) A person who intends to leave the Republic in accordance with subsections (1) and (2), shall appear before an immigration officer and— (a) produce a valid passport, travel document, permit or document showing the status of the person; (b) surrender a permit which is invalid or no longer in use, if any; (c) make a declaration as to the person’s intention to depart from the Republic in a prescribed form; and (d) in writing or orally, answer any question that the immigration officer may put to that person relating to that person’s identity or reasons for departure. (4) An immigration officer shall, where a person referred to under subsections (1) and (2) is an unaccompanied child or accompanied by a person who is not the parent or legal guardian of Departure from Republic 64 No. 3 of 2026 Immigration Control Duties and liabilities of carriers the child, require in writing, the consent of the parent, guardian of the child or ministry responsible for child welfare and development in the Republic. - 13 Verify source ↗
Duties and liabilities of carriers
Carriers and certain transport operators must provide passenger identity details to an immigration officer on request, and may also be required to carry or remove deportees and certain immigrants.
13. (1) A master of a ship, captain of an aircraft, guard of a train or a person in-charge of a vehicle or any other mode of transportation arriving in the Republic or leaving the Republic shall, on request by an immigration officer, furnish the immigration officer with a list of names of persons in the ship, aircraft, train or vehicle or any other mode of transportation and any other details relating to the identity of those persons. (2) The list of names referred to under subsection (1) shall be signed by the master of a ship, captain of an aircraft, guard of a train or a person in-charge of a vehicle or any other mode of transportation or any other person authorised by the owner of a ship, aircraft, train, vehicle or any other mode of transportation. (3) A master of a ship, captain of an aircraft, guard of a train or a person in-charge of a vehicle or any other mode of transportation which is about to depart from the Republic, shall, if required by an immigration officer and on payment of the relevant travelling costs, carry in that person’s ship, aircraft, train, vehicle or any other mode of transportation, a person in respect of whom an order for deportation has been made or an illegal immigrant that is to be removed from the Republic. (4) An owner of, agent for, a ship, aircraft, train, vehicle or any other mode of transportation or master of, a ship, captain of an aircraft, guard of a train or a person in-charge of a vehicle or any other mode of transportation, which is about to depart from the Republic and on which an illegal immigrant or prohibited immigrant was conveyed into the Republic shall— (a) if required by an immigration officer, carry in that person’s ship, aircraft, train, vehicle or any other mode of transportation the illegal immigrant or prohibited immigrant and ensure that the illegal immigrant or prohibited immigrant is removed from the Republic; or (b) be jointly and severally liable to pay to the Government all expenses incurred by the Government in respect of the transport, maintenance and removal of that illegal immigrant or prohibited immigrant, and the amount of such expenses shall be a civil debt recoverable summarily at the suit of the State. Immigration Control [No. 3 of 2026 65 (5) A prohibited immigrant or illegal immigrant who is in the custody of the master of a ship, captain of an aircraft, guard of a train or person in-charge of a vehicle or any other mode of transportation under this section shall be considered to be in lawful custody while that person is in the Republic. PART IV IMMIGRATION PERMITS
Part
PART IV
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Non-application of Part
This Part does not apply to a citizen, a dual citizen, a child of a citizen, or an established resident.
14. This Part shall not apply to— (a) a citizen; (b) a holder of a dual citizenship; (c) a child of a citizen; and (d) an established resident. Non- application of Part - 15 Verify source ↗
Residence permit
Certain foreign nationals must apply to the Director-General for a residence permit, and the Director-General must decide the application within 90 days.
15. (1) A foreigner specified in the First Schedule, who intends to reside in the Republic shall, apply to the Director-General for a residence permit in the prescribed manner and form on payment of a prescribed fee. Residence permit (2) Despite subsection (1) the Minister may, in consultation with the Director-General, issue a residence permit to a foreigner in a prescribed form. (3) The Director-General shall, prior to issuing a residence permit be satisfied that the applicant— (a) has been in the Republic on an employment permit for a continuous period of ten years; (b) is a holder of an investor’s permit for a continuous period of at least three years; (c) is an investor with an investment threshold specified in the Investment, Trade and Business Development Act, 2022; Act No. 18 of 2022 (d) is a holder of a spouse permit for a continuous period of not less than five years; (e) is a child of an established resident or a person holding a valid residence permit, as may be prescribed; (f) is a person who is above the age of eighteen whose parents hold a residence permit and is still dependant on the parents due to illness or any other special circumstances; (g) is a person whose parent is a citizen; 66 No. 3 of 2026 Immigration Control (h) is a grandparent, parent or grandchild who is below the age of eighteen of a citizen, an established resident or a holder of a valid residence permit and who solely depends on the citizen, established resident or holder of a valid residence permit; or (i) has retired outside or within the Republic and intends to settle in the Republic, and has proof of a— (i) right to a pension, an irrevocable annuity, income or retirement account from which the person receives a prescribed minimum payment for the rest of that person’s life; or (ii) minimum prescribed net worth and has paid a prescribed amount in an account in the Republic. (4) The Director-General shall, within ninety days of receipt of an application under subsection (1), approve or reject the application. (5) The Director-General shall, where the Director-General rejects an application under subsection (1), inform the applicant in a prescribed form, stating the reasons for the rejection. (6) The Director-General shall, where an applicant satisfies the requirements specified under subsection (3) approve the application and issue the applicant with a residence permit in a prescribed form. (7) A residence permit shall cease to be valid if the holder— (a) fails to enter the Republic within six months from the date of approval of the permit; (b) is absent from the Republic for a period exceeding twelve months; or (c) is absent from the Republic for a period of six months without the approval of the Director-General. (8) A holder of a resident permit who intends to be absent from the Republic for a period referred to in subsection (7)(c) shall notify the Director-General in a prescribed manner and form on payment of a prescribed fee. (9) A residence permit shall be valid for an unlimited period, unless the permit is revoked under this Act or the permit ceases to be valid in accordance with subsection (7). Immigration Control [No. 3 of 2026 67 - 16 Verify source ↗
Employment permit
An employer may apply to the Director-General for an employment permit for a foreigner, subject to the stated conditions and fee. The Director-General must decide within 30 days, explain any refusal in writing, and issue the permit if the requirements are met.
16. (1) An employer who intends to employ a foreigner to work in the Republic may, while the foreigner is outside the Republic, apply to the Director-General for an employment permit in a prescribed manner and form on payment of a prescribed fee. Employment permit (2) Despite subsection (1), an employer who intends to employ a foreigner who is lawfully within the Republic may, with the approval of the Director-General, apply for an employment permit in a prescribed manner and form on payment of a prescribed fee. (3) The Director-General shall, within thirty days of receipt of an application referred to in subsections (1) or (2), approve or reject the application. (4) The Director-General shall, where the Director-General rejects an application under subsection (3) inform the applicant, in writing, stating the reasons for the rejection. (5) The Director-General shall, where the applicant referred to under subsections (1) or (2) meets the prescribed requirements and in consultation with the ministry responsible for labour, issue the applicant with an employment permit in a prescribed form. - 17 Verify source ↗
Investor’s permit
Foreigners in the Republic may apply for an investor’s permit, and the Director-General must decide the application within 60 days.
17. (1) A foreigner who intends to establish or invest, or who has established or invested, in a business in the Republic may apply to the Director-General for an investor’s permit in the prescribed manner and form on payment of a prescribed fee. Investor’s permit (2) The Director-General shall, within sixty days of receipt of an application under subsection (1), approve or reject the application. (3) The Director-General shall, where the Director-General rejects an application under subsection (2), inform the applicant in a prescribed form, stating the reasons for the rejection. (4) The Director-General shall, where an applicant satisfies the prescribed requirements, issue the applicant with an investor’s permit in a prescribed form. (5) A spouse of the holder of an investor’s permit or a person whose parent is a holder of an investor’s permit and who intends to be employed in the investor’s business may apply to the Director- General for an employment permit in accordance with section 16. 68 No. 3 of 2026 Immigration Control Spouse permit - 18 Verify source ↗
Spouse permit
Certain foreign spouses may apply for a spouse permit, and the Director-General must decide the application within 30 days.
18. (1) A foreigner who is a spouse of a citizen, an established resident or a holder of a residence permit who intends to reside in the Republic may apply to the Director-General for a spouse permit in a prescribed manner and form on payment of a prescribed fee. (2) The Director-General shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Director-General shall, where the Director-General rejects an application under subsection (2), inform the applicant in a prescribed form, stating the reasons for the rejection. (4) The Director-General shall, where an applicant satisfies the prescribed requirements, issue the applicant with a spouse permit in a prescribed form. (5) A spouse permit shall cease to be valid— (a) if the holder is absent from the Republic for a period exceeding twelve months; (b) if the holder is absent from the Republic for a period of six months without the approval of the Director-General; (c) if the holder is divorced from a citizen, an established resident or a resident permit holder; or (d) on the death of a citizen, an established resident or a resident permit holder to whom the holder of a spouse permit was married. (6) Despite subsection (5)(c) and (d), a spouse of a deceased citizen, an established resident or a holder of a residence permit who intends to continue residing in the Republic may apply to the Director-General for an appropriate permit under this Act. (7) The Director-General may, in consultation with the Minister, issue a residence permit in a prescribed manner and form, to a person who has held a spouse permit for more than four years, where the spouse permit ceases to be valid on account of death of a citizen. (8) A holder of a spouse permit issued under this section, who intends to be employed in the Republic, shall apply for a separate employment permit in accordance with section 16. Dependant permit - 19 Verify source ↗
Dependant permit
A dependant living in the Republic may apply for a dependant permit, and the Director-General must decide the application within 30 days.
19. (1) A dependant who intends to reside in the Republic may apply to the Director-General for a dependant permit in a prescribed manner and form on payment of a prescribed fee. Immigration Control [No. 3 of 2026 69 (2) The Director-General shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Director-General shall, where the Director-General rejects an application under subsection (2), inform the applicant in a prescribed form, stating the reasons for the rejection. (4) The Director-General shall, where an applicant satisfies the prescribed requirements, issue the applicant with a dependant permit in a prescribed form. (5) A holder of a dependant permit shall, where a person on whom that person is dependant dies, notify the Director-General of the death, in writing, and the Director-General shall revoke the dependant permit. - 20 Verify source ↗
Diplomatic permit
Certain eligible persons must apply for a diplomatic permit, and the Director-General must decide the application within 30 days.
20. (1) The following persons shall apply to the Director- General for a diplomatic permit in a prescribed manner and form: Diplomatic permit (a) an ambassador, a career diplomat or consular officer of a foreign government recognised by the Republic, or representative of an international organisation which is accepted by the Minister responsible for foreign affairs; (b) on a basis of reciprocity, officials or employees of a foreign government or international organisation specified in paragraph (a); (c) other prescribed foreigners who are dignitaries of a foreign country; or (d) a member of the immediate family and attendants, servants and personal employees of the persons referred to in paragraphs (a) and (b). (2) The Director-General shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Director-General shall, where the Director-General rejects an application under subsection (2), inform the applicant in a prescribed form, stating the reasons for the rejection. (4) The Director-General shall, where an applicant satisfies the prescribed requirements, approve the application and issue the applicant with a diplomatic permit in a prescribed form. (5) A holder of a diplomatic permit referred to in subsection (1) shall not engage in work or business, unless the holder of that diplomatic permit is from a country which on the basis of reciprocity, combines a diplomatic permit with a separately issued employment permit. 70 No. 3 of 2026 Immigration Control Study permit (6) Where a person ceases to be a person to whom subsection (1) applies, that person’s presence in the Republic shall, unless authorised under the Act, be unlawful, after the expiration of such reasonable period following that cessation as an immigration officer may allow for the departure from the Republic. - 21 Verify source ↗
Study permit
Foreign students must apply to the Director-General for the correct study permit, and schools must notify the Director-General if a permit holder is expelled.
21. (1) A foreigner who has been accepted to study in the Republic on a full time basis at an educational institution or higher education institution shall apply to the Director-General for a study permit in a prescribed manner and form on payment of a prescribed fee. (2) Despite subsection (1), a foreigner who has been accepted to study in the Republic on a part-time basis or distance education at an educational institution or higher education institution shall apply to the Director-General for a temporary study permit in a prescribed manner and form on payment of a prescribed fee. (3) An applicant referred to in subsections (1) or (2) who intends to enter the Republic with a child below the age of seven years shall notify the Director-General in the application for inclusion of that child on the study permit. (4) The Director-General shall, within thirty days of receipt of an application under subsection (1) or (2), approve or reject the application. (5) The Director-General shall, where the Director-General rejects an application under subsection (4), inform the applicant in a prescribed form, stating the reasons for the rejection. (6) The Director-General shall, where an applicant referred to under subsections (1) or (2) satisfies the prescribed requirements, issue the applicant with a study permit or a temporary study permit, as the case may be, in a prescribed form. (7) The Director-General shall, where the Director-General issues a study permit in accordance with subsection (6), endorse, where applicable, the name of the child of the applicant referred to under subsection (3). (8) A holder of a study permit who intends to study at an educational institution or higher education institution other than the one for which the study permit was issued, shall apply to the Director-General for variation of the educational institution or higher education institution in a prescribed manner and form on payment of a prescribed fee. Immigration Control [No. 3 of 2026 71 Cross-border permit (9) An educational institution or higher education institution shall, where a holder of a study permit is expelled from an educational institution or higher education institution, notify the Director-General, in writing. (10) The Director-General shall on receipt of the notification under subsection (9), cancel the study permit. - 22 Verify source ↗
Cross-border permit
Eligible foreign traders may apply for a cross-border permit, and the Director-General must decide the application within 30 days.
22. (1) A foreigner who is a citizen of a member state of a regional grouping to which the Republic is a party or who is a citizen of country which borders with the Republic, who intends to enter the Republic, for the purposes of cross-border trading, may apply to the Director-General for a cross-border permit in a prescribed manner and form on payment of a prescribed fee. (2) The Director-General shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Director-General shall, where the Director-General rejects an application under subsection (2), inform the applicant in a prescribed form, stating the reasons for the rejection. (4) The Director-General shall, where an applicant satisfies the prescribed requirements, issue the applicant with a cross-border permit in a prescribed form. (5) A cross-border permit issued under this Act shall be valid for a period of six months and may on application by the holder, be renewed for a further and final period of six months. - 23 Verify source ↗
Asylum seeker’s permit
The Director-General may issue asylum seeker’s permits, but a permit holder must report within 30 days or become an illegal immigrant; a refugee found outside a refugee settlement without the required pass or permit commits an offence.
23. (1) The Director-General may issue an asylum seeker’s permit in a prescribed manner and form to a foreigner seeking refuge or asylum in the Republic in accordance with the Refugees Act. Asylum seeker’s permit Cap.120 (2) Despite the provisions of any other written law, a holder of an asylum seeker’s permit shall, where the holder of the permit does not report to the Commissioner for Refugees or a refugee settlement in accordance with the Refugees Act, within thirty days of the issue of the permit, become an illegal immigrant. (3) Subject to the Refugees Act, a refugee commits an offence if the refugee is found in a place other than a refugee settlement without— Cap.120 Cap.120 (a) a movement pass issued in accordance with the Refugees Cap.120 Act; or (b) an appropriate permit issued under this Act. 72 No. 3 of 2026 Immigration Control Refugee self- employment permit - 24 Verify source ↗
Refugee self-employed permit
A refugee who has established a business in the Republic may apply for a self-employment permit, and the Director-General must decide the application within 30 days.
24. (1) A refugee who has established a business in the Republic may apply to the Director-General for a self-employment permit in a prescribed manner and form on payment of a prescribed fee. (2) The Director-General shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Director-General shall, where the Director-General rejects an application under subsection (2), inform the applicant in a prescribed form, stating the reasons for the rejection. (4) The Director-General shall, where the applicant satisfies the prescribed requirements, issue the applicant with a self- employment permit in a prescribed form. Visiting days or business days - 25 Verify source ↗
Visiting days or business days
An immigration officer may endorse a passport to give an ordinary or business visitor a prescribed number of visiting days or business days. The visitor must leave the Republic when those days expire unless an appropriate permit is issued.
25. (1) An immigration officer may, where a person arrives in the Republic as an ordinary visitor or business visitor, issue that person with a prescribed number of visiting days or business days, as the case may be, by endorsing the days in that person’s passport. Visiting permit (2) An ordinary visitor or business visitor referred to under subsection (1) shall leave the Republic on the expiration of the visiting days or business days, as the case may be, unless issued with an appropriate permit. - 26 Verify source ↗
Visiting permit
Certain visitors who want to stay longer must apply for a visiting permit before their visiting days expire and pay a prescribed fee.
26. (1) An ordinary visitor referred to under section 25 who intends to continue their visit in the Republic shall, before the expiry of the visiting days issued under that section, apply to the Director- General for a visiting permit in a prescribed manner and form on payment of a prescribed fee. (2) An applicant referred to in subsection (1) who intends to enter the Republic with a child below the age of seven years shall notify the Director-General in the application for inclusion of that child on the visiting permit. (3) The Director-General shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (4) The Director-General shall, where the Director-General rejects an application under subsection (2), inform the applicant in a prescribed form, stating the reasons for the rejection. (5) The Director-General shall, where the applicant satisfies the prescribed requirements, issue the applicant with a visiting permit in a prescribed form. Immigration Control [No. 3 of 2026 73 Business permit Temporary employment permit (6) The Director-General shall, where the Director-General issues a visiting permit in accordance with subsection (5), endorse, where applicable, the name of the child of the applicant referred to under subsection (2). - 27 Verify source ↗
Business permit
Some business visitors may apply to the Director-General for a business permit, and the Director-General must decide the application within 30 days.
27. (1) A business visitor referred to under section 25 who intends to conduct business in the Republic for a period not exceeding six months may apply to the Director-General for a business permit in a prescribed manner and form on payment of a prescribed fee. (2) The Director-General shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Director-General shall, where the Director-General rejects an application under subsection (2), inform the applicant in a prescribed form, stating the reasons for the rejection. (4) The Director-General shall, where the applicant satisfies the prescribed requirements, issue the applicant with a business permit in a prescribed form. (5) A business permit issued under this Act shall be valid for a period of three months and may on application by the holder, be renewed for a further and final period of three months. - 28 Verify source ↗
Temporary employment permit
An employer must apply to the Director-General for a temporary employment permit when a business visitor has used the allowed business days and intends to stay in the Republic for employment for up to six months.
28. (1) An employer of a business visitor who exhausts the business days issued in accordance with section 25 shall, where the business visitor intends to remain in the Republic for a period not exceeding six months for purposes of employment, apply to the Director-General for a temporary employment permit in a prescribed manner and form on payment of a prescribed fee. (2) The Director-General shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Director-General shall, where the Director-General rejects an application under subsection (2), inform the applicant in a prescribed form, stating the reasons for the rejection. (4) The Director-General shall, where the applicant satisfies the prescribed requirements, issue the applicant with a business employment permit in a prescribed form. (5) A temporary employment permit issued under this Act shall be valid for a period of three months and may on application by the holder, be renewed for a further and final period of three months. 74 No. 3 of 2026 Immigration Control Transit permit Transit days Border pass Seasonal employment permit - 29 Verify source ↗
Transit permit
Some foreign commercial drivers in transit must apply to the Director-General for a transit permit after using up their allocated business days; the Director-General must decide within 30 days and issue the permit if requirements are met.
29. (1) A foreign commercial driver driving a foreign registered vehicle in transit, who exhausts the business days issued to the driver in accordance with section 25 before the end of the year, shall apply to the Director-General for a transit permit in a prescribed manner and form on payment of a prescribed fee. (2) The Director-General shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Director-General shall, where the Director-General rejects an application under subsection (2), inform the applicant in a prescribed form, stating the reasons for the rejection. (4) The Director-General shall, where the applicant satisfies the prescribed requirements, issue the applicant with a transit permit in a prescribed form. (5) A transit permit issued under this section shall be valid for a period of one year. - 30 Verify source ↗
Transit days
An immigration officer may issue a prescribed number of transit days to a foreigner in transit arriving at a port of entry by endorsing the days in the passport or travel document.
30. An immigration officer may, issue a prescribed number of transit days to a foreigner in transit who arrives in the Republic at a port of entry by endorsing the days in that person’s passport or travel document. - 31 Verify source ↗
Border pass
An immigration officer may issue a border pass to a qualifying citizen, if the application is in the prescribed form and the prescribed fee is paid.
31. An immigration officer may, in a prescribed manner and form and on payment of a prescribed fee, issue a border pass to a citizen who resides at a border area for the purpose of visiting a neighbouring country. - 32 Verify source ↗
Seasonal employment permit
Certain neighbouring-country citizens must apply to the Director-General for a seasonal employment permit before working in agriculture in the Republic, and the permit lasts six months.
32. (1) A citizen of a neighbouring country who intends to work in the Republic in the agricultural sector for a period not exceeding six months shall apply to the Director-General for a seasonal employment permit in a prescribed manner and form on payment of a prescribed fee. (2) The Director-General shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Director-General shall, where the Director-General rejects an application under subsection (2), inform the applicant in a prescribed form, stating the reasons for the rejection. (4) The Director-General shall, where the applicant satisfies the prescribed requirements, issue the applicant with a seasonal employment permit in a prescribed form. Immigration Control [No. 3 of 2026 75 (5) A seasonal employment permit issued under this section shall be valid for a period of six months. - 33 Verify source ↗
Temporary permit
Some people may apply for a temporary permit with prior approval, and the Director-General must decide the application within 30 days.
33. (1) A prohibited immigrant, illegal immigrant or any other person who does not hold any permit issued under this Act may, with the prior approval of the Director-General, apply to the Director-General for a temporary permit in a prescribed manner and form on payment of a prescribed fee. (2) An application referred to in subsection (1) shall be accompanied by a prescribed sum of money as deposit for the purpose of securing the applicant’s compliance with the conditions specified in the permit. (3) The Director-General shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (4) The Director-General shall, where the Director-General rejects an application, inform the applicant in a prescribed form, stating the reasons for the rejection. (5) The Director-General shall, where the applicant satisfies the prescribed requirements, issue the applicant with a temporary permit in a prescribed form. (6) A deposit referred to under subsection (2), shall where the persons referred to under subsection (1) fail to comply with the conditions of a temporary permit, be used for purposes of deporting or removing that person from the Republic or be forfeited to the State. - 34 Verify source ↗
Variation of permit
A permit holder may apply to the Director-General to vary the permit’s terms, conditions, or particulars during the permit’s validity, using the prescribed form and paying the prescribed fee.
34. A holder of a permit issued under this Act may at any time during the validity of the permit apply to the Director-General for a variation of the terms and conditions of a permit or particulars relating to the permit in a prescribed manner and form and on payment of a prescribed fee. Temporary permit Variation of permit - 35 Verify source ↗
Validity of permits
If this Act does not provide a validity period for an issued permit, the permit is valid for the period stated in the permit itself.
35. A permit issued under this Act for which a validity period is not provided for under this Act, shall be valid for a period set out in the permit. Validity of permits - 36 Verify source ↗
Prohibition from engaging in activity not specified on permit
A permit holder must not do activities, business, work, study, or other things not listed on the permit, and needs the Director-General’s prior approval for such activity in an unstated area.
36. (1) A holder of a permit issued under this Act shall not engage in— (a) any activity, business, trade, employment, profession, study or any other thing not specified on the permit; and Prohibition from engaging in activity not specified on permit 76 No. 3 of 2026 Immigration Control Renewal of permit (b) an activity under paragraph (a) in an area that is not specified in the permit, without the prior approval of the Director-General. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine of not less than sixty thousand penalty units but not exceeding two hundred thousand penalty units or to imprisonment to a term not exceeding two years, or to both. - 37 Verify source ↗
Renewal of permit
A permit holder may apply to renew the permit within 30 days before expiry, paying a prescribed fee and using the prescribed form. The Director-General must decide within 30 days and, if rejecting, give reasons. If the applicant meets the Act’s requirements, the Director-General must issue a renewed permit. This section does not apply to a residence permit.
37. (1) A holder of a permit issued under this Act who intends to renew that permit may, within thirty days before the expiry of the permit, apply to the Director-General for renewal of the permit in a prescribed manner and form on payment of a prescribed fee. (2) The Director-General shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Director-General shall, where the Director-General rejects an application under subsection (2), inform the applicant in a prescribed form, stating the reasons for the rejection. (4) The Director-General shall, where the applicant satisfies the requirements under this Act, issue the applicant with a renewed permit in a prescribed form. (5) This section does not apply to a residence permit. Duplicate permit - 38 Verify source ↗
Duplicate permit
If a permit is lost, destroyed, or defaced, the holder must apply to the Director-General for a duplicate permit and pay a prescribed fee.
38. (1) A holder of a permit whose permit is lost, destroyed or defaced shall, apply to the Director-General for a duplicate permit in a prescribed manner and form on payment of a prescribed fee. (2) The Director-General may, within fourteen days of receipt of an application under subsection (1), issue the applicant with a duplicate permit. Revocation of permit - 39 Verify source ↗
Revocation of permit
The Director-General may revoke a permit for specified misconduct or risks, but must first notify the holder and allow up to 72 hours to show cause.
39. (1) Subject to the other provisions of this Act and any other written law, the Director-General may revoke a permit if the holder— (a) contravenes a provision of this Act; (b) obtained the permit through fraud, misrepresentation or concealment of a material fact; (c) has failed to comply with a term and condition of a permit; Immigration Control [No. 3 of 2026 77 (d) has become or is likely to become a charge on the Republic in consequence of failure to support oneself and that person’s dependants; or (e) is likely to be a danger to peace and good order in the Republic. (2) The Director-General shall before revoking a permit in accordance with subsection (1), notify the holder of the permit in a prescribed form, of the Director-General’s intention to revoke the permit and shall— (a) give reasons for the intended revocation; and (b) require the holder of the permit to show cause, within a period of not more than seventy-two hours, why the permit should not be revoked. (3) The Director-General shall not revoke a permit under this section if the holder shows cause to the satisfaction of the Director- General within the period referred to in subsection (2)(b) why the permit should not be revoked. (4) The Director-General shall in a prescribed form revoke the permit if the holder, having been notified in accordance with subsection (2), does not show cause within the period referred to in subsection (2)(b) to the satisfaction of the Director-General why the permit should not be revoked. (5) A holder of a permit that is revoked shall within seventy- two hours of being notified of the revocation, surrender the permit to the Director -General. (6) A person who contravenes subsection (5) commits an offence. (7) A permit, other than a temporary permit, issued under this Act shall cease to be valid, where a foreigner becomes an illegal immigrant or prohibited immigrant. PART V REGISTRATION OF IMMIGRATION CONSULTANTS
Part
PART V
- 40 Verify source ↗
Prohibition of offering immigration consultant services
Most people, except legal practitioners and registered immigration consultants, must not offer immigration consultancy services.
40. (1) Subject to section 41, a person, other than a legal practitioner, shall not offer immigration consultancy services, unless that person is registered as an immigration consultant under this Act. Prohibition of offering immigration consultant services without registration 78 No. 3 of 2026 Immigration Control Invitation to offer immigration consultancy services (2) A person who contravenes subsection (1), commits an offence and is liable, on conviction, to a fine of not less than sixty thousand penalty units but not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. - 41 Verify source ↗
Invitation to offer immigration consultancy services
The Department may invite applications for immigration consultancy registration, and only eligible persons may apply.
41. (1) The Department may, at times that the Department may determine, invite applications from persons who intend to offer immigration consultancy services in the Republic. (2) The invitation referred to under subsection (1) shall be by way of a notice published in a newspaper of general circulation in the Republic and any other electronic media that the Director- General may determine. (3) A person is eligible to apply as an immigration consultant if that person— (a) is a citizen; (b) is not an employee of the Department; and (c) meets any other requirements as may be prescribed. Application for registration as immigration consultant - 42 Verify source ↗
Application for registration as immigration consultant
A person seeking registration as an immigration consultant must apply to the Director-General in the prescribed way and pay the prescribed fee.
42. (1) Subject to section 41, a person who intends to be registered as an immigration consultant shall apply to the Director- General for registration in a prescribed manner and form on payment of a prescribed fee. (2) The Director-General shall, within sixty days of receipt of an application under subsection (1), approve or reject the application. (3) The Director-General shall before approving an application under subsection (2), invite the applicant— (a) to take an aptitude test; and (b) where the applicant passes the aptitude test under paragraph (a), to take an interview. (4) Subsection (3) shall not apply where the applicant is a former immigration officer. (5) The Director-General shall, where the Director-General rejects an application under subsection (2), inform the applicant in a prescribed form, stating the reasons for the rejection. (6) The Director-General shall, approve an application under subsection (2), and issue the applicant with a certificate of registration in a prescribed form, where, in the case of an— Immigration Control [No. 3 of 2026 79 (a) applicant referred to under subsection (3), the applicant passes the aptitude test and interview referred to under that section and meets the requirements under section 41(3); or (b) applicant who is a former immigration officer, the applicant meets the requirements under section 41(3). - 43 Verify source ↗
Validity of certificate of registration
A certificate of registration issued under this Part is valid for one year.
43. A certificate of registration issued under this Part shall be valid for a period of one year. - 44 Verify source ↗
Renewal of certificate of registration
A certificate holder may apply to renew the certificate within 30 days before expiry, pay the prescribed fee, and use the prescribed form. The Director-General must decide within 60 days and, if rejecting, give reasons; if approving, the certificate must be renewed.
44. (1) A holder of a certificate of registration who intends to renew the certificate of registration may, within thirty days before the expiry of the certificate of registration, apply to the Director- General for renewal of the certificate of registration in a prescribed manner and form on payment of a prescribed fee. (2) The Director-General shall, within sixty days of receipt of an application under subsection (1), approve or reject the application. (3) The Director-General shall, where the Director-General rejects an application under subsection (2), inform the applicant in a prescribed form, stating the reasons for the rejection. (4) The Director-General shall, where the Director-General approves the application, renew the applicant’s certificate of registration. Validity of certificate of registration Renewal of certificate of registration - 45 Verify source ↗
Variation of particulars on certificate of registration
The holder of a certificate of registration may apply to the Director-General to vary the certificate’s particulars, as long as the certificate is valid and the application follows the prescribed form and fee.
45. A holder of a certificate of registration may, at any time, during the validity of the certificate of registration apply to the Director-General for variation of the particulars relating to the certificate of registration in a prescribed manner and form on payment of a prescribed fee. Variation of particulars on certificate of registration - 46 Verify source ↗
Duplicate certificate of registration
If a registration certificate is lost, destroyed, or defaced, the person must apply to the Director-General for a duplicate and pay the prescribed fee.
46. (1) A person whose certificate of registration is lost, destroyed or defaced shall apply to the Director-General for a duplicate certificate of registration in a prescribed manner and form on payment of a prescribed fee. Duplicate certificate of registration (2) The Director-General may, on receipt of an application under subsection (1), issue the applicant with a duplicate certificate of registration. 80 No. 3 of 2026 Immigration Control Suspension or cancellation of certificate of registration - 47 Verify source ↗
Suspension or cancellation of certificate of registration
The Director-General may suspend or cancel a certificate of registration in specified cases, but must first notify the holder and give an opportunity to show cause. If the certificate is cancelled, the holder must surrender it within 14 days, and failure to do so is an offence.
47. (1) Subject to the other provisions of this Act, the Director- General may suspend or cancel a certificate of registration if the holder— (a) does not comply with the terms and conditions of the certificate of registration; (b) obtained the certificate of registration through fraud, misrepresentation or concealment of a material fact; (c) is convicted of an offence involving fraud, dishonesty or forgery under this Act; or (d) is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a term exceeding six months without the option of a fine. (2) The Director-General shall, before suspending or cancelling a certificate of registration in accordance with subsection (1), notify the holder of the certificate of registration in a prescribed form of the Director-General’s intention to suspend or cancel the certificate of registration and shall— (a) give reasons for the intended suspension or cancellation; and (b) require the holder of the certificate of registration to show cause, within a period of not more than fourteen days, why the certificate of registration should not be suspended or cancelled. (3) The Director-General shall not suspend or cancel a certificate of registration under this section if the holder takes remedial measures to the satisfaction of the Director-General within the period referred to in subsection (2)(b). (4) The Director-General shall in a prescribed form suspend or cancel a certificate of registration if the holder, having been notified in accordance with subsection (2), does not— (a) show cause to the satisfaction of the Director-General why the certificate of registration should not be suspended or cancelled; or (b) take remedial measures to the satisfaction of the Director- General within the period specified in subsection (2)(b). (5) A holder of a certificate of registration that is cancelled shall, within fourteen days of being notified of the cancellation, surrender the certificate of registration to the Director-General. Immigration Control [No. 3 of 2026 81 (6) A person who contravenes subsection (5) commits an offence and is liable, on conviction, to a fine of not less than sixty thousand penalty units but not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. - 48 Verify source ↗
Register of immigration consultants
The Department must keep a register of registered immigration consultants, and the Director-General may issue certified extracts or copies on application and payment of a fee.
48. (1) The Department shall keep and maintain a register of registered immigration consultants which shall contain information as may be prescribed. Register of immigration consultants (2) The register shall be kept at the offices of the Department and shall be open for inspection by members of the public during normal office hours on payment of a fee that the Director-General may determine. (3) The Director-General may, on an application by a person, issue to the person a certified extract from the register or a copy of a certificate of registration issued in accordance with this Act on payment of a fee that the Director-General may determine. (4) Subject to this Act, a copy of the last printed register shall be prima facie evidence in legal proceedings of what is contained in the register. PART VI PROHIBITED IMMIGRANTS, ILLEGAL IMMIGRANTS AND FOREIGNERS WHO ARE LIKELY TO BE A DANGER TO PEACE IN THE REPUBLIC
Part
PART VI
- 49 Verify source ↗
Prohibition of prohibited immigrant and illegal immigrant
Prohibited immigrants and illegal immigrants are generally barred from visas, permits, and entry, with limited exemption powers for the Minister and Director-General.
49. (1) Subject to section 33, a prohibited immigrant and an illegal immigrant shall not qualify for a visa or a permit issued under this Act or be admitted into the Republic. (2) Despite subsection (1), the— Prohibition of prohibited immigrant and illegal immigrant from entry into Republic (a) Minister may, in a prescribed manner, exempt a prohibited immigrant from the provisions of subsection (1); or (b) Director-General may, exempt an illegal immigrant from the provisions of subsection (1), where the Director- General is satisfied that the ground of classification for an illegal immigrant no longer exists, as prescribed. (3) The Director-General shall, where a prohibited immigrant or illegal immigrant enters the Republic in contravention of subsection (1), arrest without warrant, and detain that prohibited immigrant or illegal immigrant and in the case of— 82 No. 3 of 2026 Immigration Control (a) (b) a prohibited immigrant, deport that prohibited immigrant from the Republic in accordance with this Act: or an illegal immigrant, remove that illegal immigrant from the Republic in accordance with this Act, subject to section 52. (4) Despite subsection 3(b), an illegal immigrant shall be removed where the illegal immigrant— (a) having been required to leave the Republic, fails to do so within the specified period; or (b) fails to comply with any term and condition specified in a temporary permit issued to that illegal immigrant. (5) Despite subsection (3), the Director-General shall not deport a prohibited immigrant or remove an illegal immigrant from the Republic where the prohibited immigrant or illegal immigrant has a pending case before the court until the case is determined by the court. (6) Subsection (5) shall not apply to a prohibited immigrant who is a threat to national security or public order. (7) A prohibited immigrant or an illegal immigrant detained in accordance with subsection (3) shall not be held in detention for a period exceeding— (a) thirty days without a warrant of a court; and (b) ninety days with a warrant of a court. (8) A prohibited immigrant or an illegal immigrant who returns to the Republic in contravention of this section, commits an offence and is liable, on conviction, in the case of— (a) a prohibited immigrant, to imprisonment for a term not exceeding three years; and (b) an illegal immigrant— (i) (ii) for a first offence, to a fine of not less than twenty thousand penalty units but not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding one year, or to both; or for a second or subsequent offence, to a fine of not less than six thousand penalty units but not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. Immigration Control [No. 3 of 2026 83 - 50 Verify source ↗
Detention of suspected prohibited immigrant or illegal
The Director-General must detain a person if there are reasonable grounds to believe the person is a prohibited or illegal immigrant, and the detention cannot exceed 14 days.
50. (1) The Director-General shall, where the Director- General has reasonable grounds to believe that a person is a prohibited immigrant or illegal immigrant, detain that person for a period not exceeding fourteen days. (2) The detention referred to under subsection (1) shall be made on the authority of a prescribed detention warrant issued by the Director-General. Detention of suspected prohibited immigrant or illegal immigrant - 51 Verify source ↗
Deportation of prohibited immigrant
The Minister may issue, vary, or revoke a deportation order for a prohibited immigrant, and may deport a convicted prohibited immigrant before sentence expiry in some cases.
51. (1) The Minister may, in consultation with the Director- General, in writing, issue a deportation order, in a prescribed form, for the purposes of deportation of a prohibited immigrant from the Republic. Deportation of prohibited immigrant (2) A prohibited immigrant may prior to deportation in accordance with the order referred to under subsection (1), be detained in a prison or correctional centre, immigration holdin facility or in police custody until that prohibited immigrant is deported from the Republic. (3) A prohibited immigrant to whom a deportation under subsection (1) relates, shall be deported to a country— (a) of origin of that prohibited immigrant; or (b) to which that prohibited immigrant consents to be deported and where a competent authority in that country consents to receive the prohibited immigrant. (4) The Minister may, in consultation with the Director- General, vary or revoke a deportation order made under subsection (1). (5) A deportation order made under this section shall remain valid unless revoked in accordance with subsection (4). (6) The Minister may, where the prohibited immigrant is convicted to a custodial sentence under this Act or any other written law, deport that person before the expiration of the sentence and the sentence shall terminate at the time of deportation, except where the prohibited immigrant is a person to whom section 33 of the Penal Code Act applies, in which case the Transfer of Convicted Persons Act, shall apply. (7) A prohibited immigrant who is deported from the Republic in accordance with this section may, whilst outside the Republic apply to the Minister for an exemption order in a prescribed manner and form. Cap. 87 Cap. 100 - 52 Verify source ↗
Deportation or removal of foreigner from Republic
This section lets the Minister and immigration officers deport or remove foreigners in specified circumstances, and requires biometrics to be taken before certain removals.
52. (1) The Minister may, order the deportation of a foreigner from the Republic in a prescribed manner, where an immigration officer has reasonable grounds to believe that the foreigner’s presence or conduct in the Republic is likely to be a danger to peace and good order. Deportation or removal of foreigner from the Republic 84 No. 3 of 2026 Immigration Control Cap. 87 Notice to leave Republic (2) Subject to section 33 of the Penal Code Act, the Minister may, in writing, order the deportation of a foreigner who is convicted to a custodial sentence under this Act or any other written law, at the expiration of the sentence. (3) Despite subsection (2), the Director-General shall not deport a foreigner from the Republic where the foreigner has a pending case before court until the case is determined by the court. (4) Subsection (3) shall not apply to a foreigner who is a threat to national security or public order. (5) An immigration officer may, without warrant, arrest, detain and deport or remove from the Republic a person whom, within seven days of that person appearing before an immigration officer in accordance with the Act, the immigration officer reasonably believes to be a prohibited immigrant and who is not a holder of a valid temporary permit. (6) An immigration officer may, for the purposes of establishing whether a foreigner is liable to be deported or removed from the Republic under this section— (a) ascertain the foreigner’s identity, citizenship or country of origin; (b) require the foreigner to answer, in writing or orally, any questions that the immigration officer may put to the foreigner; and (c) require the foreigner to produce a passport or travel document and any other relevant documents in that foreigner’s possession. (8) An immigration officer shall, before deporting or removing a foreigner in accordance with subsection (5), take or cause to be taken in the immigration officer’s presence, the biometrics and any other measurements of the foreigner. - 53 Verify source ↗
Notice to leave Republic
An immigration officer may, with approval, serve a notice requiring certain illegal immigrants or foreigners to leave the Republic; the person must leave within the notice period, and failure to do so is an offence.
53. (1) An immigration officer shall, with the approval of the Director-General, by notice served in person, require an illegal immigrant who is subject to removal under section 52 or a foreigner whose presence or conduct in the Republic is likely to be a danger to peace, to leave the Republic. (2) A notice referred to under subsection (1) shall state the— Immigration Control [No. 3 of 2026 85 (a) period within a person referred to under subsection (1) is required to leave the Republic: (b) (c) route a person referred to under subsection (1) is required to use in leaving the Republic; and class set out in the Third Schedule to which the person belongs. (3) An illegal immigrant or a foreigner whose presence or conduct in the Republic is likely to be a danger to national security, peace and good order, who is required to leave the Republic in accordance with subsection (1), shall leave the Republic within the period specified in the notice. (4) The Director-General may, if a person on whom a notice is required to be served in person cannot be found, publish the notice in the Gazette. (5) A notice published in the Gazette in accordance with subsection (4) shall be deemed to have been duly and properly served on the date following the day of the publication. (6) A person who contravenes subsection (3), commits an offence and is liable, on conviction, to a fine of not less than sixty thousand penalty units but exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. - 54 Verify source ↗
Order of detention, deportation, removal or release from
A prison or correctional centre officer must hand over a prohibited or illegal immigrant to an immigration officer when a relevant detention, deportation, removal, or release order is made. Before deportation or removal, an immigration officer must take biometrics and any other measurements.
54. (1) The officer-in-charge of a prison or correctional centre shall, where an order is made for the detention, deportation, removal of a prohibited immigrant or illegal immigrant, or release of a detained prohibited immigrant or illegal immigrant from a prison or correctional centre, in a prescribed manner and form, hand over the prohibited immigrant or illegal immigrant to an immigration officer. Order of detention, deportation, removal or release from prison or correctional centre (2) An immigration officer shall, before the deportation or removal of a prohibited immigrant or illegal immigrant, take or cause to be taken in the immigration officer’s presence, the biometrics and any other measurements of a prohibited immigrant or illegal immigrant. - 55 Verify source ↗
Interpretation
This section defines “removal” for this Part as the removal of an illegal immigrant by an immigration officer from the Republic on the order of the Director-General, and it excludes deportation.
55. For purposes of this Part, “removal” means the removal of an illegal immigrant, by an immigration officer, from the Republic, on the order of the Director-General but does not include deportation and “remove” shall be construed accordingly. Interpretation 86 No. 3 of 2026 Immigration Control PART VII OBLIGATIONS RELATING TO EMPLOYERS, EDUCATION INSTITUTIONS, HIGHER EDUCATION INSTITUTIONS AND ACCOMMODATION ESTABLISHMENTS Obligations of employer
Part
PART VII
- 56 Verify source ↗
Obligations of employer
Employers must not hire unauthorized foreign workers, must report certain permit-related events to the Director-General within 30 days, and may have to repatriate a former foreign employee after permit-holder employment ends.
56. (1) A person shall not employ— (a) an illegal immigrant or a prohibited immigrant; (b) a foreigner whose status does not authorise that foreigner to be employed in the Republic; or (c) a foreigner, on terms and conditions that are inconsistent with the foreigner’s permit. (2) An employer of a foreigner shall report to the Director- General— (a) the termination of a contract of employment of the foreigner within thirty days of the termination; and (b) the foreigner’s failure to comply with the terms and conditions of the permit within thirty days of such failure. (3) An employer shall, where a contract of employment of a holder of an employment permit is terminated, be responsible for the repatriation of the former foreign employee and any other costs associated with the repatriation of that former foreign employee. (4) An employer who contravenes subsection (1), commits an offence and is liable, on conviction, to a fine of not less than sixty thousand penalty units but not exceeding two hundred thousand penalty units. - 57 Verify source ↗
Obligations of educational institution and higher education
Educational institutions and higher education institutions must not provide training to certain immigrants or foreigners lacking authorization.
57. (1) An educational institution or higher education institution shall not provide training to— (a) an illegal immigrant or prohibited immigrant; (b) a foreigner whose status does not authorise the foreigner to receive training from that educational institution or higher education institution; or (c) a foreigner in a manner that is inconsistent with the terms and conditions of the foreigner’s permit. (2) An educational institution or higher education institution which contravenes subsection (1), commits an offence and is liable, on conviction, to a fine of not less than sixty thousand penalty units but not exceeding five hundred thousand penalty units. Obligations of educational institution and higher education institution Immigration Control [No. 3 of 2026 87 - 58 Verify source ↗
Obligations of operator of accommodation establishment
Operators of accommodation establishments must keep customer records showing each customer’s status and, when asked by an immigration officer, provide a copy. Breach of the section is an offence punishable by a fine.
58. (1) A person who operates an accommodation establishment shall, for the purposes of identifying the status of customers, keep a record of customers which contains the status of each customer. Obligations of operator of accommodation establishment (2) A person referred to under subsection (1) shall, on request by an immigration officer, submit a copy of the record of customers to an immigration officer. (3) A person who contravenes this section commits an offence and is liable, on conviction, to a fine of not less than sixty thousand penalty units but not exceeding five hundred thousand penalty units. PART VIII ENFORCEMENT
Part
PART VIII
- 59 Verify source ↗
Authorised officer
The Department must issue authorised officers with identification cards, and authorised officers must carry and show the card when performing functions under the Act.
59. (1) The Department shall issue an authorised officer with an identification card which shall be prima facie evidence of the appointment of the authorised officer. Authorised officer (2) An authorised officer shall in performing a function under this Act— (a) be in possession of the identification card referred to under subsection (1); and (b) show the identification card to any person who requests to see the identification card or is the subject of an inspection or investigation under this Act. - 60 Verify source ↗
Powers of authorised officer
An authorised officer may inspect, search, demand documents, arrest, and detain in specified immigration-control situations, and must give receipts, return removed items promptly, and report to the Department.
60. (1) An authorised officer may, for the purpose of enforcing the provisions of this Act, at any reasonable time, without prior notice and without a warrant— Powers of authorised officer (a) enter, search and inspect any land, building or premises where an authorised officer has reasonable grounds to believe that an offence has been or is likely to be committed under this Act; (b) search any person on the land, building or premises where an authorised officer has reasonable grounds to believe that the person has possession of an article, document or record that has a bearing on an inspection or investigation, except that a person shall only be searched by a person of the same sex; (c) stop, enter and search any aircraft, train, vehicle, vessel or any other mode of transportation entering, within or leaving the Republic; 88 No. 3 of 2026 Immigration Control (d) inspect employment records in workplaces where an authorised officer has reasonable grounds to believe that an illegal immigrant or prohibited immigrant is employed at that workplace or that the contract of employment of a foreigner is inconsistent with the terms and conditions of the foreigner’s permit; (e) inspect an educational institution or a higher education institution where an authorised officer has reasonable grounds to believe that an illegal immigrant or prohibited immigrant is enrolled at the educational institution or higher education institution; (f) examine a foreigner’s passport, permit or any other document of status issued under this Act; (g) demand the production of a permit, certificate of registration, visa, passport or any other travel document; (h) take extracts from, or make copies of, a foreigner’s passport, travel document, visa or any other document of status issued under this Act that has a bearing on an inspection or investigation; (i) inspect, examine or take extracts from, or make copies of a certificate of registration issued under this Act; or (j) arrest an illegal immigrant or prohibited immigrant. (2) An authorised officer shall, where that authorised officer has reasonable grounds to believe that a person has committed or is about to commit an offence under this Act, search, with a warrant, the bank account, share account, expense account or safe deposit of that person. (3) An authorised officer who removes an article, document, record, book or any other thing from any premises under subsection (1), shall— (a) issue a receipt for the article, document, record, book or any other thing to the owner or person in control of the premises; and (b) return the article, document, record, book or any other document as soon as practicable after achieving the purpose for which it was removed. Immigration Control [No. 3 of 2026 89 (4) An authorised officer may arrest without a warrant, and detain a person, where the person contravenes a provision of this Act. (5) An authorised officer shall furnish the Department with a written report and any other information relating to an inspection or investigation. - 61 Verify source ↗
Seizure of property
An authorised officer may seize movable or immovable property if there are reasonable grounds to believe it was or may be used in an offence under the Act.
61. (1) An authorised officer may seize movable or immovable property where the authorised officer has reasonable grounds to believe that the movable or immovable property has been, or is likely to, be used in the commission of an offence under this Act. Seizure of property Cap.103 Power to use firearm (2) An authorised officer shall, where an authorised officer seizes or detains property in accordance with subsection (1), issue the owner of the property or a person in charge of the property with a seizure notice in the prescribed manner and form. (3) The court may in addition to any other penalty under this Act, make an order of forfeiture of the seized property in accordance with the Forfeiture of Proceeds of Crime Act. - 62 Verify source ↗
Power to use firearm
The Department may provide firearms to immigration officers and border guards for enforcing the Act, but those officers may use a firearm only in the stated emergency situations and, when a superior officer is present, only on that officer’s order.
62. (1) The Department may, for purposes of enforcing the provisions of this Act, provide an immigration officer and immigration border guard with a firearm. (2) A firearm referred to under subsection (1) shall as far as possible, be used to disable a person— (a) escaping or attempting to escape lawful custody; (b) who, by force, rescues or attempts to rescue another person from lawful custody; or (c) who, by force, prevents or attempts to prevent the lawful arrest of the person or of another person. (3) Despite subsection (2), an immigration officer or immigration border guard shall not use a firearm unless— (a) in the case of subsection (2)(a), the immigration officer or immigration border guard— (i) has reasonable grounds to believe that the immigration officer or immigration border guard cannot prevent the escape or attempted escape of a person from lawful custody; and (ii) gives a warning to the person escaping or attempting to escape from lawful custody that the immigration officer or immigration border 90 No. 3 of 2026 Immigration Control guard is about to use the firearm against that person, and that person does not heed the warning; or (b) in the case of subsection (2)(b) and (c), the immigration officer or immigration border guard has reasonable grounds to believe that the person or any other person is in danger of grievous bodily harm and that the immigration officer or immigration border guard cannot otherwise effect the arrest or prevent the rescue. (3) An immigration officer or immigration border guard shall not use a firearm in accordance with this section, where the immigration officer or immigration border guard is in the presence of a superior officer, unless on the order of the superior officer. PART IX GENERAL PROVISIONS
Part
PART IX
- 63 Verify source ↗
Immigration Integrity Committee
The Department must establish an Immigration Integrity Committee.
63. Subject to the provisions of any other written law, the Department shall establish an Immigration Integrity Committee which shall be responsible for preventing, deterring, detecting and exposing any instance of corruption, abuse of power, xenophobia and dereliction of duty by a person employed in the Department. - 64 Verify source ↗
Designation of immigration holding facility
The Minister may designate a building, enclosure, place, or part of one as an immigration holding facility by notice in the Gazette.
64. (1) The Minister may, by notice in the Gazette, designate a building, enclosure or place, or any part of a building enclosure or place, as an immigration holding facility. (2) An immigration holding facility referred to under subsection (1) shall be under the supervision of an immigration officer. (3) The management of an immigration holding facility shall be as prescribed. - 65 Verify source ↗
Notice to appear before immigration officer
An immigration officer may require a person to appear before the officer to establish the person’s status under the Act.
65. (1) An immigration officer may, for purposes of establishing a person’s status under this Act, in a prescribed manner and form, require a person to appear before an immigration officer. (2) A person who fails to appear before an immigration officer in accordance with subsection (1), commits an offence and is liable, on conviction, to a fine of not less than sixty thousand penalty units but not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. Immigration Integrity Committee Designation of immigration holding facility Notice to appear before immigration officer Proof of status - 66 Verify source ↗
Proof of status
A person must prove their status under the Act in proceedings or when an immigration officer asks.
66. A person shall, in any proceedings under this Act or on request by an immigration officer, bear the burden of proving that person’s status under this Act. Immigration Control [No. 3 of 2026 91 - 67 Verify source ↗
Evidence
A record, permit, certificate of registration, or notice said to be issued by the Director-General under the Act is prima facie evidence of the facts stated in it when produced in legal proceedings.
67. In any legal proceedings a record, permit, certificate of registration or notice purporting to have been issued by the Director-General under this Act, shall on production in such proceedings be prima facie evidence of the facts stated therein. Evidence - 68 Verify source ↗
Trafficking and smuggling in persons
An immigration officer may arrest and detain a person suspected of trafficking or smuggling, and the detention must be under a prescribed warrant issued by the Director-General.
68. (1) Subject to the Anti Human Trafficking Act, an immigration officer may, arrest without a warrant and detain a person suspected to be involved in the trafficking or smuggling of persons and cause that person to be prosecuted by an appropriate authority. Trafficking and smuggling in persons Cap.131 (2) The detention referred to under subsection (1) shall be made on the authority of a prescribed detention warrant issued by the Director-General. (3) The Anti-Human Trafficking Act shall apply to foreigners Cap.131 who are victims of human trafficking. - 69 Verify source ↗
Aiding and abetting prohibited immigrant or illegal immigrant
A person must not help a prohibited immigrant, illegal immigrant, or a foreigner in a way that violates the foreigner’s status.
69. (1) A person shall not aid, abet, assist, enable or in any manner help a— (a) prohibited immigrant or an illegal immigrant; or (b) foreigner in respect of any matter, conduct or transaction which violates the foreigner’s status. Aiding and abetting prohibited immigrant or illegal immigrant (2) A person aids, abets, assists, enables or helps a foreigner in accordance with subsection (1)(b) if that person— (a) issues the foreigner, or obtains on the foreigner’s behalf, a licence or any other authorisation for the foreigner to conduct a business or carry on a profession or occupation; (b) enters into an agreement with the foreigner for the conduct of a business or carry on of a profession or occupation; (c) conducts a business or carry on a profession or occupation in cooperation with the foreigner; (d) assists, enables or in any manner helps the foreigner to conduct a business or carry on a profession or occupation; (e) harbours the foreigner, including providing accommodation services to the foreigner; or 92 No. 3 of 2026 Immigration Control (f) lets, sells or in any manner makes available immovable property in the Republic to the foreigner. (3) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine of not less than two hundred thousand penalty units but not exceeding five hundred thousand penalty units or to imprisonment for a term of not less than two years but not exceeding five years, or to both. Immigration bond and bail Cap. 88 - 70 Verify source ↗
Immigration bond and bail
Some people arrested and charged under this Act may be bailed, but a deported foreigner who returns unlawfully cannot be admitted to bail.
70. (1) A person arrested and charged with an offence under this Act, may be admitted to bail in accordance with the Criminal Procedure Code Act. Cap. 88 General offences (2) Despite subsection (1), a foreigner who unlawfully returns to the Republic after being deported from the Republic, shall not be admitted to bail. (3) The Director-General shall, where a foreigner is admitted to bail in accordance with subsection (1), issue the foreigner with an appropriate permit pending the hearing and determination of that foreigner’s case before a court. (4) The Director-General may, where a person commits an offence under this Act, release that person on bond issued under the Criminal Procedure Code Act. - 71 Verify source ↗
General offences
A person commits an offence if they refuse required information, give false information, use forged or unauthorised immigration documents, work without a permit, or otherwise breach the listed immigration rules.
71. (1) A person commits an offence if that person— (a) fails or refuses to reveal that person’s identity, citizenship or country of origin to an authorised officer; (b) fails or refuses to answer questions put to that person by an authorised officer; (c) conceals information from an authorised officer; (d) remains in the Republic without authorisation issued under this Act; (e) remains in the Republic after the expiry of days issued under this Act or the expiry or revocation of that person’s permit; (f) wilfully gives an authorised officer false or misleading information in answer to an inquiry made by an authorised officer; (g) makes a false statement to an authorised officer; (h) forges or alters a permit, certificate of registration, travel document, passport, visa or any document issued under this Act; Immigration Control [No. 3 of 2026 93 (i) is found in possession of a forged immigration stamp or seal, or an endorsement of a forged stamp in that person’s passport or travel document; (j)attempts to use or uses a passport or travel document, other than the one on which that person’s entry was cleared, except where a person has dual citizenship; (k) impersonates or holds out oneself as an authorised officer or is in possession of immigration articles without authority; (l) obstructs an authorised officer in the performance of the functions of the authorised officer under this Act; (m) is found in possession of more than one passport or travel document, except where a person has dual citizenship; (n) engages in employment, trade, work, business, study or any other occupation without a permit; or (o) assists or facilitates a foreigner to enter or remain in the Republic in contravention of this Act. (2) A person convicted of an offence under subsection (1), is liable to a fine of not less than sixty thousand penalty units but not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both. - 72 Verify source ↗
General penalty
If an offence under the Act has no specific penalty, a convicted person is liable to a fine of up to 300,000 penalty units or imprisonment for up to 3 years, or both.
72. A person who commits an offence under this Act, for which a penalty is not specified is liable, on conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a term not exceeding three years, or to both. General penalty - 73 Verify source ↗
Offence by principal officer, shareholder or partner of body
If a company or unincorporated body commits an offence with the knowledge, consent, or connivance of a director, manager, shareholder, or partner, that person also commits an offence and is liable on conviction to the penalty for the original offence.
73. Where an offence under this Act is committed by a body corporate or unincorporate body, with the knowledge, consent or connivance of the director, manager, shareholder or partner, that director, manager, shareholder or partner of the body corporate or unincorporate body commits an offence and is liable, on conviction, to the penalty specified for that offence. - 74 Verify source ↗
Summary imposition of penalty
An immigration officer may summarily demand a fine in certain offence cases, and must tell the person they may admit or dispute liability.
74. (1) An immigration officer may, where a person commits an offence or admits to the commission of an offence under this Act for which the penalty does not exceed two hundred thousand penalty units, summarily demand the payment of a fine of not less than sixty thousand penalty units but not exceeding one hundred thousand penalty units. Offence by principal officer, shareholder or partner of body corporate or unincorporate body Summary imposition of penalty 94 No. 3 of 2026 Immigration Control (2) The admission of an offence under subsection (1) shall be in a prescribed form. (3) An immigration officer shall, where an immigration officer demands the payment of a fine in accordance with subsection (1), inform the person against whom the demand is made of the right to admit or dispute the liability. (4) A person from whom the payment of a fine has been demanded under subsection (1), may elect to admit liability and pay the fine or dispute the liability. (5) The payment of a fine under this section shall operate as a bar to any further criminal proceedings against the person making the payment in respect of the offence committed. Appeal - 75 Verify source ↗
Appeal
A person aggrieved may appeal immigration decisions to the Director-General, then the Minister, and in some cases the High Court, within short time limits.
75. (1) A person aggrieved with a decision of an immigration officer may, within seventy-two hours of receipt of the decision, appeal to the Director-General. (2) A person aggrieved with a decision of the Director- General may, within seven days of receipt of the decision, appeal to the Minister. (3) The Minister shall, within thirty days of receipt of an appeal under subsection (2), determine the appeal and inform the appellant, in writing, of the decision. (4) A person aggrieved with a decision of the Minister may, within seventy-two hours of receipt of the decision, appeal to the High Court. (5) Subsection (4) shall not apply to a deportation order. Guidelines - 76 Verify source ↗
Guidelines
The Department may issue guidelines for carrying out the Act, must publish them in a newspaper and the Gazette, and they bind regulated persons once published.
76. (1) The Department may issue guidelines that are necessary for the better carrying out of the provisions of this Act. (2) The Department shall publish the guidelines issued under this Act in a daily newspaper of general circulation in the Republic and in the Gazette, and the guidelines shall take effect on the date of publication. (3) The guidelines issued by the Department under this Act shall bind the persons regulated under this Act. Regulations - 77 Verify source ↗
Regulations
The Minister may make regulations, on the Department’s recommendation, by Statutory Instrument.
77. (1) The Minister may, on the recommendation of the Department, by Statutory Instrument, make regulations for the better carrying out of the provisions of this Act. Immigration Control [No. 3 of 2026 95 (2) Despite the generality of subsection (1), regulations made under subsection (1) may provide for— (a) the manner and form for applications and the fees payable; (b) forms of notices, declarations, orders, visas, permits, certificate of registration and other documents of status issued under this Act; (c) conditions of permits, certificate of registration and other documents of status issued under this Act; (d) particulars to be entered on a register of immigration consultants; (e) the code of ethics for immigration consultants; (f) requirements to be met for the issuance of permits and any other document under this Act; (g) requirements for release on immigration bonds; (h) the conditions on which illegal immigrants or prohibited immigrants may be authorised to transit through the Republic while being conveyed to a place outside the Republic; (i) the places at which immigration controls shall be situated and the hours during which the controls shall operate; (j) the manner of referring vulnerable migrants to relevant institutions; and (k) management of armory and fire arms. - 78 Verify source ↗
Repeal of Cap.123 and savings and transitional provisions
The Immigration and Deportation Act is repealed, and the Fourth Schedule still applies for savings and transitional provisions.
78. (1) The Immigration and Deportation Act is repealed. (2) Despite subsection (1), the Fourth Schedule applies to savings and transitional provisions. Repeal of Cap.123 and savings and transitional provisions 96 No. 3 of 2026 Immigration Control FIRST SCHEDULE (Section 15(1)) CLASSES OF PERSONS WHO MAY BE ISSUED WITH RESIDENCE PERMITS Class A A foreigner who intends for gain to engage in trade, business, profession, employment or other occupation— (a) (b) for which the foreigner is qualified by virtue of the foreigner’s academic or professional qualifications or skill; in which the number of persons in the Republic who are engaged or available for the activity are not sufficient to meet the requirements of the inhabitants of the Republic; or (c) which is likely to be of benefit to the inhabitants of the Republic. Class B A foreigner— (a) who has sufficient financial resources in the foreigner’s own right and at the foreigner’s disposition for use in the Republic; or (b) whose presence in the Republic is likely to be of benefit to the inhabitants of the Republic. Immigration Control [No. 3 of 2026 97 SECOND SCHEDULE (Section 2) CLASSES OF PROHIBITED IMMIGRANTS Class A A foreigner who under any written law, has been— (a) deported from the Republic; (b) required to leave the Republic; or (c) prohibited from entering into or remaining within the Republic. Class B A foreigner who is reasonably suspected of— (a) human trafficking; (b) smuggling of persons; (c) drug trafficking; or (d) being addicted to any drugs. Class C A foreigner— (a) who engaged, or is reasonably suspected of engaging, in activities prejudicial to the integrity or sovereignty of the Republic or of a foreign country; (b) against whom there are reasonable grounds for believing is likely to engage in a subversive activity of a kind directed against the Republic or detrimental to the security of the Republic or foreign country; (c) who is declared a suspected international terrorist under the Anti- Terrorism and Non-Proliferation Act, or (d) whose presence in the Republic is likely to be prejudicial to the interests of defence, public safety, public order, public morality or public health. Class D A foreigner who— (a) before entering the Republic, was convicted of an offence and sentenced to a term of imprisonment outside the Republic; and (b) is convicted of an offence and sentenced to a term of imprisonment in the Republic. Cap. 128 98 No. 3 of 2026 Immigration Control THIRD SCHEDULE (Sections 2 and 53(2)(c)) CLASSES OF ILLEGAL IMMIGRANTS Class A A foreigner who fails to appear before an immigration officer on entering the Republic or departing from the Republic as required under sections 10 and 12. Class B A foreigner who— (a) has an invalid permit or whose permit has been revoked; (b) remain in the Republic with an invalid permit; (c) makes a false representation or conceals information from an immigration officer which is relevant to that person’s entry into or presence within the Republic; or (d) contravenes a provision of this Act or any other written law. Class C A foreigner whose passport has expired. Class D A foreigner who goes beyond a prescribed border area in the Republic using a border pass. Class E A foreigner who— (a) is or is likely to become a charge on the State; (b) is identified as an undesirable person by the Minister or by the Minister after consultation with the Director-General; (c) has been judicially declared incompetent; (d) is an insolvent; (e) is a fugitive from justice; or (f) has been convicted of an offence in the Republic with the option of a fine. Class F A foreigner who is infected with or is a carrier of a prescribed disease and who is capable or likely to become capable of infecting or transmitting that disease to any other person. Class G A foreigner who— (a) engages in prostitution; (b) lives on the earnings of prostitutes; or (c) is reasonably suspected as coming to the Republic for prostitution or any other immoral purposes. Immigration Control [No. 3 2026 99 Interpretation Cap.123 Staff of department Transfer of assets and liabilities FOURTH SCHEDULE (Section 78(2)) SAVINGS ANDTRANSITIONAL PROVISIONS - 1 Verify source ↗
Short title and commencement
This Schedule defines “former Department” as the Immigration Department established under the repealed Act.
1. In this Schedule “former Department” means the Immigration Department established under the repealed Act. - 2 Verify source ↗
Interpretation
Employees of the former Department who were employed before commencement continue as employees of the Department under this Act.
2. (1) A person who, before the commencement of this Act, was an employee of the former Department, shall continue to be an employee of the Department, as if employed under this Act. (2) The Department of the persons referred to in subparagraph (1) shall be treated as continuous Department. (3) Nothing in this Act affects the rights and liabilities of any person employed or appointed by the former Department before the commencement of this Act. - 3
The Department must apply in writing to register a transfer, and the registration authority must record the transfer and related register changes.
3. (1) On or after the commencement of this Act, there shall be transferred to, vest in and subsist against the Department by virtue of this Act and without further assurance, all assets, rights and obligations which immediately before the commencement of this Act were the assets, rights, liabilities and obligations of the former Department. (2) Subject to subparagraph (1), every deed, bond and agreement, other than an agreement for personnel Department, to which the former Department was a party immediately before the commencement of this Act whether or not of such a nature, that right, liabilities and obligations could be assigned, shall, unless its subject matter or terms make it impossible that it should have effect as modified, as provided under this paragraph, have effect as if— (a) the Department had been party to it; (b) for any reference to the former Department there was substituted, with respect to anything falling to be done on or after the commencement of this Act, a reference to the Department; or (c) for any reference to any employee of the former Department, not being a party to it and beneficially interested, there were substituted, with respect to anything falling to be done on or after the commencement of this Act, a reference to such employee of the Department that the Department shall designate. 100 No. 3 of 2026 Immigration Control (3) Where under this Act, any assets, rights, liabilities and obligations of the former Department are deemed to be transferred to the Department in respect of which transfer a written law provides for registration, the Department shall make an application in writing to the appropriate registration authority for registration of the transfer. (4) The registration authority, referred to in subparagraph (3), shall make such entries in the appropriate register as shall give effect to the transfer and, where applicable, issue to the transferee concerned a certificate of title in respect of the property or make necessary amendments to the register and shall endorse the deeds relating to the title, right or obligation concerned and no registration fees or other duties shall be payable in respect of the transaction. - 4 Verify source ↗
5. Director-General, Deputy Director-General, immigration
Old permits and registration documents stay valid until expiry, revocation, or cancellation, and pending applications are to be processed under this Act when it starts.
4. (1) A permit, certificate of registration or any other document issued under the repealed Act shall continue to be valid until expiry or revocation or cancellation as if the permit or certificate of registration was issued under this Act. (2) An application for a permit or certificate of registration pending under the repealed Act, shall, on commencement of this Act, be issued in accordance with this Act. - 5 Verify source ↗
Director-General, Deputy Director-General, immigration
Pending court proceedings and applications involving the former Department may continue in the name of the Department, and after commencement proceedings about rights, liabilities, or obligations of the former Department may be brought by or against the Department.
5. (1) Any legal proceedings or applications of the former Department pending in court immediately before the commencement of this Act by or against the former Department may be continued by or against the Department. (2) After the commencement of this Act, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the former Department, may be instituted by or against the Department. Permits and certificates Legal proceedings
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Immigration Control Act, 2026
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