Bringing Zambianisation into Effect in Immigration

Zambia has recently seen a strict crackdown on immigration non-compliance. An emphasis is placed on the “localisation” of skills, or what Zambians refer to as “Zambianisation” which calls for local skills development and the employment of Zambian nationals as far as possible.

The Zambian government published its “Revised Guidelines and Requirements for the Issuance of Employment Permits” which came into effect on 31 May 2017, and presents more stringent requirements for an Employment Permit application.

These Revised Guidelines have seen significant developments to the application process for a Zambian Employment Permit. Some of the most notable requirements include:

Submission of Applications:

• All Employment Permit applications are to be filed and processed within Zambia at the Department of Immigration Headquarters in Lusaka;
• All foreign nationals must be outside of Zambia when Employment Permit applications are submitted and in process;
• Companies should only use registered Immigration Consultants or Human Resource Personnel to process immigration permits for their expatriates;

Zambianisation Policy:

• All employers must indicate the maximum period for which an expatriate is required to work for a company;
• Relevant Zambian professional bodies shall provide guidance regarding the periods required for a Zambian of a particular level of qualification and experience to assimilate the necessary skills and to take up a particular position occupied by an expatriate. An Employment Permit shall not be extended beyond this period;
• A succession plan (stating names of Zambian nationals to understudy expatriate) will be required to be submitted in Employment Permit applications.

Maximum Validity of Employment Permits:

• Validity of Employment Permits will be determined on a case-by-case basis as opposed to the previous restriction of up to two years at a time;
• The employer is required to clearly set out in an Employment Permit application the size of the employer, its levels of investment in Zambia and its stage of development;
• The Zambian Immigration Permits Committee (IPC) is required to conduct regular inspections of the companies in order to ascertain the stage of development of the company. For mining companies, the IPC will obtain the relevant information pertaining to the stage of development from the Ministry of Mines.

Periodic Labour Audits:

• The Zambian Immigration Permits Committee (IPC), in conjunction with the Ministry of Labour, will conduct labour audits quarterly so as to ascertain the number of Zambians and expatriates employed during that period.

Appeals:

• Only “credible cases” will receive the attention of the Honourable Ministry of Home Affairs.

It is clear that a strong motivation on behalf of both the foreign expatriate and employer is required to be submitted in an Employment Permit application. This argument must be made clear in the initial application, as appeals should no longer be relied upon to rectify an application outcome.

Furthermore, in March 2017 government processing fees of immigration applications increased, with Employment Permit fees increasing to almost double of what they were before (from 3000 KMW (+- 300 USD) to 6000 KMW (+- 600USD).

Due to the harsh risks involved in regard to immigration non-compliance (imprisonment, fines or both and reputational harm), it is very important to consult professional services for assistance. Executive Relocations Africa is an expert in immigration law and equipped to assist in this regard.