Legal Pathways for Regularization of Stay by Foreign Nationals in Zimbabwe: Aguide to Immigration Law.

Authored by Mellandah Thayne Muzah and Tendai Shingaidzo

“Refugees didn’t just escape a place. They had to escape a thousand memories until they’d put
enough time and distance between them and their misery to wake to a better day.” Nadia
Hashimi

Introduction
In Zimbabwe, as elsewhere, the legal status of individuals who cross borders matter
greatly. While migration can represent hope and a new beginning, it is often accompanied
by fear, trauma, and numerous challenges, from exploitation to xenophobia. Those
seeking refuge or a new life must navigate unfamiliar legal systems and often endure
periods of uncertainty and hardship. Terms like refugee, asylum seeker, migrant, and
immigrant are frequently used interchangeably in everyday language, but each carries
specific legal meaning and implications. This article clarifies these distinctions, outlines
Zimbabwe’s immigration laws, and explains the pathways available for foreign nationals
to regularize their stay in the country.

Key Definitions
Understanding these terms is essential, as they affect the legal rights and protections
afforded to individuals:

• Refugee: According to the UNHCR, a refugee is someone forced to flee their
  country due to conflict, persecution, or violence, and who has been formally
  recognized as needing protection in another country.
• Migrant: A broad term that refers to someone who moves from one place to
  another, either within their country or across borders, for reasons including
  employment, education, or family reunification. Migrants may move temporarily
  or permanently.
• Immigrant: An individual who moves to another country with the intention of
  settling there permanently.
• Asylum Seeker: A person who has applied for protection in another country,
  claiming to be a refugee, but whose application is still pending.
• Stateless Person: An individual who is not considered a national by any country
  under the operation of its law.
  

Legal and Social Distinctions
While reasons for moving may differ, all the immigrants share the experience of
displacement and vulnerability and it is such experience that dictates the kind of support
and protection they are entitled to. In Zimbabwe, until one’s legal status is determined
by the relevant authorities, such individuals are broadly classified as immigrants. They
are typically housed in reception centers with limited interaction with the host
community. Despite these restrictions, Zimbabwe’s laws allow for integration pathways,
including legal residency, access to work, and school enrollment for children.
Zimbabwe’s Immigration Legal Framework
Zimbabwe regulates the entry, stay, and rights of foreign nationals through several
pieces of legislation, including but not limited to the following:

1. Immigration Act [Chapter 4:02]
   The cornerstone of Zimbabwe’s immigration system, this act covers entry,
   residence permits, deportation procedures, and penalties for immigration
   offences.
2. Citizenship Act [Chapter 4:01]
   Governs the acquisition, renunciation, and restoration of Zimbabwean
   citizenship.
3. Refugees Act [Chapter 4:03]
   Provides legal protections and procedures for recognizing and assisting refugees.
4. Constitution of Zimbabwe Amendment No. 20 (2013)
   The supreme law of the country, guaranteeing rights for all individuals,
   including provisions on citizenship and migration.
5. Children’s Act
   Prioritizes the welfare and rights of children, including those in migration
   contexts.
6. Labour Act
   Regulates employment conditions and rights for workers, including foreign
   nationals.
   Regularization of Stay: From Entry to Legal Residency
   Zimbabwe’s Immigration Act outlines the criteria for legal entry and protection. Entry
   through unofficial or unauthorized points disqualifies individuals from protection,
   unless they are immediately recognized as refugees or hold special ministerial
   authorization. Upon arrival, all immigrants are taken to designated reception facilities,
   primarily at Tongogara Refugee Camp where their claims are assessed since Zimbabwe
   has an encampment approach. The Department of Social Services, through the
   Commissioner for Refugees, conducts initial interviews to determine eligibility under
   Zimbabwe’s refugee laws. Upon success, one is given a refugee status and a temporary
   permit. Once in possession of these documents, individuals can apply for permits
   enabling them to study, work, or reside legally in the country.
   Types of Permits Available in Zimbabwe
   Foreign nationals in Zimbabwe can apply for a range of permits at a fee, depending on
   their situation:
7. Work Permit
   Granted to individuals with a confirmed job offer amongst other things in
   Zimbabwe.
8. Business Operator’s Permit
   For those intending to start and run a business in the country.
9. Investor Permit
   Issued to individuals making substantial financial investments in Zimbabwe.
10. Spouse Permit
    Available to spouses of Zimbabwean citizens or permit holders.
11. Student Permit
    For students enrolled at accredited Zimbabwean institutions.
    

Visa vs. Permit: Understanding the Difference
While often confused, visas and permits serve different purposes:

• A visa allows temporary entry into Zimbabwe and is typically stamped in a
  passport upon arrival or issued prior to travel.
• A permit is a longer-term authorization to stay in Zimbabwe for specific reasons,
  such as work or study and often requires additional documentation and approval.
  

Conclusion

Zimbabwe’s immigration framework is built on a structured legal foundation that
addresses the needs of both nationals and foreign-born residents. Whether an individual
is fleeing violence, seeking economic opportunity, or reuniting with family, it is crucial
to understand the legal distinctions and pathways available. By following appropriate
procedures and seeking expert guidance, migrants and refugees can build secure,
dignified lives within Zimbabwe’s borders.