ZAMBIAN IMMIGRATION SERVICES

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Employment Permit

An Employment Permit is issued to a foreigner who enters the country to take up employment for a period exceeding six (06) months. It can be extended for periods up to a maximum of 10 years. It is issued to a foreigner who is:

1) Employed by the Government of Zambia or a statutory body;
2) Employed by the private sector, Non-Governmental Organisations (including a person employed as a volunteer) or a religious organization; and
3) The spouse and children, over twenty one years, of a foreigner may be issued with Employment Permits if they are to be employed in the family business.

Note: All applicants should remain outside Zambia until the permit has been approved. Further, only an Employer, a Practising Lawyer and an Immigration Consult can apply for Employment Permits on behalf of a prospective expatriate. The individual expatriate cannot do this on their own.

The permit authorises the holder to enter and re-enter into and to remain within Zambia until the permit expires. However, if it is a first time application and the successful applicant requires a visa to enter Zambia, such a person is still required to apply for a visa to enter the country to collect the permit.

Obligations of Holder

1. The holder of a an Employment Permit shall comply with the conditions specified in the permit and shall not engage, for gain, in any activity, business, trade, employment, profession, study or any other thing not specified in the permit

2. The holder must observe conditions such as the area within which the holder may engage in employment and the nature of the employment in which the holder may engage.

3. A holder of an Employment Permit cannot buy land. 4. A holder of an Employment Permit cannot engage in studies at any institution of learning in Zambia.

Obligations of Employer

1. An employer shall make effort in good faith to ascertain that no illegal immigrant is employed or to ascertain the status or citizenship of those employed by the employer.

2. An employer shall, on the termination of an employment contract of, or the resignation or dismissal of, a foreign employee who is the holder of an employment permit, surrender the employment permit to the Director General of Immigration within one month of the termination of the employment contract, resignation or dismissal of the foreign employee.

3. An employer shall, on termination of an employment contract of, or the resignation or dismissal of, a foreign employee who is the holder of an employment permit, be fully responsible for the repatriation of the former foreign employee and other costs associated with the removal or deportation of that former foreign employee if that former foreign employee fails to leave Zambia when no longer in employment.

4. An employer who fails to surrender the employment permit or take responsibility for the repatriation of the former foreign employee and other costs associated with their removal or deportation, commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units.

5. An employer employing a foreigner shall for two years after the termination of such foreigner’s employment, keep the prescribed records relating to the foreigner’s employment.

6. An employer employing a foreigner shall for two years after the termination of such foreigner’s employment report to the Department the termination of such foreigner’s employment; and any breach on the part of the foreigner, of the foreigner’s status.

7. If an illegal immigrant is found on any premises where a business is conducted, it shall be presumed that such illegal immigrant is or was employed by the person who has control over the premises, unless prima facie evidence to the contrary is adduced.

8. If an foreign employee is moving to operate at different location, the employer must in writing, notify the Director General of such change of address.