IMMIGRATION: SUBSIDIARY LEGISLATION

S.I. 95, 1978,
S.I. 106, 1978,
S.I. 136, 1978,
S.I. 147, 1984,
S.I. 45, 1985,
S.I. 19, 1994,
S.I. 68, 1996,
S.I. 94, 1997,
S.I. 10, 1998,
S.I. 62, 2000,
S.I. 57, 2001,
S.I. 1, 2002,
S.I. 107, 2015,
S.I. 32, 2016,
S.I. 34, 2020,
S.I. 61, 2020,
S.I. 81, 2022,
S.I. 88, 2022,
S.I. 89, 2022.

1. Citation

This Order may be cited as the Immigration (Points of Entry) Order.

2. Specified points of entry

The border posts, rail entry points and airports set out in the Schedule are hereby specified as points of entry into Botswana for the purposes of the Act.

SCHEDULE

(para 2)

BORDER POSTS

Bray

Dobe

Kasane Regional Immigration Office

Kazungula

Kwando

Limpopo Valley Aerodrome

Mabolwe

Maintengwe

Makopong

Mamono

Martin's Drift

Matsiloje

McCarthy's Rust

Middlepits

Pandamatenga

Parr's Halt

Phitshane Molopo

Pioneer Gate

Plaatjan

Pont Drift

Ramatlabama

Ramokgwebane

Ramotswa

Saambou

Sikwane

Tlokweng Gate

Tshidilamolomo Community Crossing Point

Two Rivers

Werda

Zanzibar>

RAIL ENTRY POINTS

Ramatlabama

Vakaranga>

AIRPORTS

Francistown

Ghanzi

Kasane

Jwaneng

Lobatse

Mahalapye

Maun

Orapa

Palapye

Selebi-Phikwe

Seretse Khama Airport

Serondela Airstrip

Shakawe

Tuli Lodge>

">IMMIGRATION (TRANSFER OF MINISTER'S POWERS) ORDER

(section 3 of Cap. 02:11)

(2nd September, 1983)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Delegation of powers to Permanent Secretary

S.I. 109, 1983.

1. Citation

This Order may be cited as the Immigration (Transfer of Minister's Powers) Order.

2. Delegation of powers to Permanent Secretary

The power conferred on the Minister of Labour and Home Affairs to issue or renew residence permits under section 21 of the Immigration Act is hereby transferred to the Permanent Secretary, Ministry of Labour and Home Affairs, to exercise it only in so far as the issue or renewal of a residence permit concerns a refugee recognised under the Refugees (Recognition and Control) Act (Cap. 25:01).

">IMMIGRATION (EXEMPTION) ORDER

(sections 4 and 23)

(7th March, 1975)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Persons exempt from presenting themselves to an immigration officer

3. Persons exempt from obtaining a residence or work permit

4. Exemption from obtaining residence permit by persons who ceased to be citizens of Botswana

First Schedule

Second Schedule

S.I. 29, 1975,
S.I. 101, 1975,
S.I. 82, 1976,
S.I. 144, 1976,
S.I. 59, 1977,
S.I. 90, 1978,
S.I. 102, 1978,
S.I. 107, 1978,
S.I. 4, 1979,
S.I. 21, 1980,
S.I. 44, 1981,
S.I. 65, 1982,
S.I. 96, 1985,
S.I. 71, 1991,
S.I. 128, 1991,
S.I. 39, 1992,
S.I. 11, 1993,
S.I. 32, 1995,
S.I. 82, 1997,
S.I. 97, 1997,
S.I. 6, 2004,
S.I. 13, 2004,
S.I. 20, 2004,
S.I. 82, 2004,
S.I. 2, 2005,
S.I. 15, 2005,
S.I. 6, 2006,
S.I. 40, 2006,
S.I. 63, 2006,
S.I. 30, 2007,
S.I. 44, 2007,
S.I. 5, 2008,
S.I. 14, 2008,
S.I. 7, 2009,
S.I. 37, 2009,
S.I. 60, 2009,
S.I. 68, 2009,
S.I. 82, 2009,
S.I. 60, 2010,
S.I. 31, 2012,
S.I. 5, 2013,
S.I. 34, 2013,
S.I. 114, 2013,
S.I. 11, 2014,
S.I. 104, 2014,
S.I. 147, 2014,
S.I. 28, 2018,
S.I. 106, 2019,
S.I. 139, 2019,
S.I. 27, 2021,
S.I. 88, 2021.

1. Citation

This Order may be cited as the Immigration (Exemption) Order.

2. Persons exempt from presenting themselves to an immigration officer

Members of the classes of persons named in the First Schedule are exempted from complying with the provisions of section 4 of the Act, provided they are in possession of valid passports or certificates of identity.

3. Persons exempt from obtaining a residence or work permit

Members of the classes of persons named in the Second Schedule are exempted from obtaining a permit in order to reside or work in Botswana, provided they are in possession of valid passports or certificates of identification.

4. Exemption from obtaining residence permit by persons who ceased to be citizens of Botswana

A person who ceases to be a citizen of Botswana by birth or descent by virtue of the provisions of section 15 of the Citizenship Act is exempt from obtaining a permit order to reside or work in Botswana provided he or she is in possession of a valid passport or certificates of identification of his or her country of citizenship.

FIRST SCHEDULE

(para 2)

1. ...

2. ...

3. Crew members of airlines entering Botswana.

SECOND SCHEDULE

(para 3)

1. Officers in the public service.

2. Teachers employed by the Unified Teaching Service.

3. ...

4. Members of the United States of America Peace Corps.

5. ...

6. ...

7. Persons recruited for service in Botswana by—

(a) United Nations Development Programme;

(b) Branch Office of the United Nations High Commissioner for Refugees for Southern Africa;

(d) United Nations Industrial Development Organisation;

(e) Food and Agriculture Organisation;

(f) International Labour Organisation;

(g) United Nations Educational, Scientific and Cultural Organisation;

(h) World Meteorological Organisation;

(i) World Health Organisation;

(j) International Civil Aviation Organisation;

(k) International Telecommunications Union;

(l) International Atomic Energy Agency;

(m) Universal Postal Union;

(n) International Governmental Maritime Consultative Organisation;

(o) International Bank for Reconstruction and Development;

(p) International Monetary Fund;

(q) International Development Association;

(r) United Nations Association;

(s) Canadian University Service Overseas.

8.-9. ...

10. Persons recruited for service in Botswana by—

(a) Canadian International Development Agency;

(b) Agency for International Development;

(c)-(f) ...

(g) Swedish International Development Agency;

(h) ...

(i) German Volunteer Service;

(j)-(n) ...

(o) International Medical Corporation Committee;

(p) Friedrich-Ebert-Foundation.

11. Spouses and minor children under the age of 18 years of the foregoing.

12. ...

13. Persons employed by or seconded to the Botswana Defence Force.

14. Persons employed by any statutory corporation or by the Unified Local Government Service whose salaries are supplemented under the British Expatriate Supplemented Scheme or the Overseas Service Aid Scheme.

15. World University Service of Canada.

16. Employees of Unified Local Government Service.

17. Expatriate employees of the Botswana Technology Centre, their spouses and any dependants under the age of 18 years.

18. ...

19. Expatriate employees of the Botswana Building Society.

20. Expatriate doctors and nurses employed by the undermentioned hospitals—

(a) Bamalete Lutheran Hospital;

(b) Bamangwatu Concessions Ltd. Mine Hospital;

(d) Gaborone Private Hospital;

(e) Jwaneng Mine Hospital;

(f) Orapa Hospital;

(g) Seventh Day Adventist Hospital, Kanye.

21. Expatriate employees and long-term consultants of the Botswana Institute for Development Policy and Analysis, their spouses and any dependants under the age of 18.

22. Expatriate employees of the Botswana Telecommunications Authority.

23. Expatriate employees of the Botswana Bureau of Standards.

24. Persons employed on European Union (EU) funded projects.

25. Expatriate personnel employed by Africa Comprehensive HIV/AIDS Programme (ACHAP).

26. Expatriate personnel employed by the Botswana College of Distance and Open Learning (BOCODOL).

27. Expatriate personnel employed by the Botswana Training Authority (BOTA).

28. Expatriate personnel employed by the Botswana Accountancy College.

29. Expatriate personnel employed by the Botswana Harvard Aids Institute.

30. Expatriate Chinese and Cuban medical personnel employed by the Ministry of Health.

31. Persons employed by Botswana Unified Revenue Service (BURS).

32. Persons recruited for service in Botswana by—

(a) Japan International Co-operation Agency;

(b) Japan Overseas Co-operation Volunteers;

(d) Southern Africa Development Community;

(e) Development Finance Resource Centre;

(f) African Management Services Company;

(g) United States Agency for International Development.

33. Expatriate personnel employed by the Botswana Stock Exchange.

34. Expatriate personnel employed by the Southern African Trade Union Co ordination Council (SATUCC).

35. Expatriate personnel employed by the Construction Industry Trust Fund (CITF).

36. (a) Expatriate employees of the Clinton Foundation HIV/AIDS Initiative;

(b) Expatriate employees of the Botswana-Baylor Children's Clinical Centre of Excellence.

37. Expatriate employees of companies operating in Botswana holding the following positions—

(a) Chief Executive Officer;

(b) Production Manager;

(d) Operations Manager;

(e) Sales and Marketing Manager;

(f) Financial Manager.

38. Expatriate employees of the Permanent Okavango River Basin Water Commission.

39. Management, professional and technical employees of the Diamond Cutting and Polishing Companies, Diamond Trading Companies and Related Services registered with the Diamond Hub/Centre.

40. Expatriate employees of companies recommended by Botswana Export Development and Investment Authority, holding the following positions—

(a) Chief Executive Officer;

(b) Production Manager;

(d) Operations Manager;

(e) Sales and Marketing Manager;

(f) Financial Manager.

41. Expatriate employees of the Lenmed Health Bokamoso Private Hospital (Pty) Ltd holding the following positions—

(a) Medical Doctors and specialists;

(b) Nursing Staff;

(d) Pharmacy Director, Pharmacist and Pharmacy Technicians;

(e) Occupational Therapists;

(f) Physiotherapists;

(g) Radiographers;

(h) Biomedical Engineers and Technicians;

(i) Hospital Information Technology Director, Manager, Analysts and Programmers;

(j) Dietary Manager and Dieticians;

(k) Chief Executive Officer;

(l) Chief Operations Officer;

(m) Chief Finance Officer;

(n) Facilities Manager;

(o) Plant Operations Manager; and

(p) Technical Services Manager.

42. Management, professional employees and the technical staff of companies, organisations and institutes registered to operate in Botswana Innovation Hub (BIH).

43. Employees of approved International Financial Services Centre companies who hold the following positions—

(a) Chief Executive Officer;

(b) Head of Treasury;

(d) Head of Risk Management.

44. Non-citizen volunteers of Bana ba Metsi School.

45. Non-citizen volunteers of German Weltwaerts Volunteers.

46. Non-citizen employees of the Centre for Co-ordination of Agricultural Research and Development for Southern Africa (CCARDESA).

47. Expatriate volunteers of Stepping Stones International.

48. Youth for Christ Botswana Volunteers.

49. Expatriate employees of Khoemacau Mining Company (Pty) Ltd holding the following positions—

(a) Mining Manager;

(b) Section Manager-Tech Services;

(d) Chief Surveyor;

(e) Senior Mine Planning Engineer;

(f) Chief Geologist;

(g) Senior Resource Mine Geologist;

(h) Senior Mine Production Geologist;

(i) Mine Production Geologist;

(j) Senior Ventilation/Projects Engineer;

(k) Mine Planning Engineer;

(l) Senior Geotechnical Engineer;

(m) Backfill Engineer;

(n) Ventilation Engineer;

(o) Mining Control Supervisor;

(p) Contract Manager;

(q) Chief Executive Officer;

(r) Chief Operations Officer;

(s) Chief Financial Officer;

(t) Project Manager (Underground);

(u) Alternate Project Manager (Underground);

(v) Finance and Admin Manager (Underground);

(w) Section Engineer- Mobile Plant Maintenance;

(x) Manager SHEC & Quality (Underground);

(y) Procurement/Purchasing Officer;

(z) SHEC, Quality or Training Supervisor/Co-ordinator;

(aa) SHEC & Quality Underground Trainers;

(bb) Mine Project Engineer;

(cc) Mine Captain/Overseer/Foreman (Underground);

(dd) Shift boss/Shift Supervisor- Development;

(ee) Shift boss/Shift Supervisor- Production;

(ff) Shift boss- Mine Services;

(gg) Mining Control Supervisor;

(hh) Mine Surveyor;

(ii) Jumbo Operator & Trainer;

(jj) Development Charge up Lead;

(kk) Bogger/Loader Operator and Trainer- Dev;

(ll) Teleremote/Guidance Bogger/Loader Operator and Trainer- Dev;

(mm) Development Crew All Rounder/Leave Relief;

(nn) Load & Haul/Truck Operator & Trainer;

(oo) Shotcrete Nozzleman;

(pp) Longhole Driller/Operator & Trainer;

(qq) Production Charge up Lead;

(rr) Production Crew-Leave Relief/Allrounder;

(ss) Service Crew- Leading Hand;

(tt) Cablebolt Drill Operator;

(uu) Raisebore/Drilling Manager;

(vv) Raisebore/Drilling Supervisor & Trainert;

(ww) Raisebore/Drilling Mechanic;

(xx) Mechanised Maintenance Foreman (underground);

(yy) Maintenance Planner: Fixed Plant & Electrical;

(zz) Maintenance Planner: Mobile Plant;

(A) Mobile Plant Maintenance Leading Hand Fitter;

(B) Underground Mobile Plant Fitter;

(D) Auto Electrician- Heavy Diesel;

(E) Mobile Plant Maintenance Leave Relief Fitter-Heavy Diesel;

(F) Electrical Foreman;

(G) Leading Hand Electrician-Underground;

(H) Construction Manager Pastefill/Batch Plant/Services;

(I) Paste Plant Operator;

(J) Paste Crew Leading Hand- Person in Charge;

(K) Diamond Drilling Manager;

(L) Diamond Drilling Supervisor;

(M) Diamond Drilling Mechanics;

(N) Engineering Manager Systems and Implementation;

(O) Geotechnical Consultant;

(P) Geohydrological Consultant;

(Q) Senior Project Manager;

(R) Project Engineer;

(S) Filter Technician;

(T) HIG Mill Technician;

(U) Process Plant Superintendent;

(V) Chief Metallurgist;

(W) Site Manager/Project Manager;

(X) Construction Manager;

(Y) SHE Manager;

(Z) Earth/Civil Works Superintendent;

(AA) SMP Superintendent;

(BB) E&I Electrical Superintendent;

(CC) QA/QC, Turnover & Field Eng Lead;

(DD) Commissioning Process Manager;

(EE) Civil Commissioning Engineer;

(FF) Mechanical Commissioning Engineer;

(GG) Electrical Commissioning Engineer;

(HH) Planner Lead;

(II) Construction Planner;

(JJ) PDDM Lead;

(KK) Contracts Manager (SMEIP); and

(LL) Contracts Administrator (EC).

50. Expatriate employees of Sidilega Private Hospital holding the following positions—

(a) Special Registered Nurses—

(i) Intensive Care Unit,

(ii) Catheterisation,

(iii) Theatre,

(iv) Neo Natal ICU, and

(v) Central Sterile Supply Department; and

(b) Scarce Specialists—

(i) Reconstructive Surgeon,

(ii) Vascular Surgeon,

(iii) Cardiothoracic Surgeon,

(iv) Interconventional Radiologist,

(v) Cardiologist,

(vi) Adult Intensive Care Intensivist,

(vii) Transplant Surgeon,

(viii) Neonatal Intensive Care Intensivist,

(ix) Trauma/Accident and Emergency Intensivist,

(x) Medical Microbiologist, and

(xi) Sonographer.

51. Employees of Maryland Global Initiative Corporation - Botswana

52. Non-citizen employees of Botswana Institute for Technology Research and Innovation (BITRI) holding the following positions—

(a) Researcher;

(b) Senior Researcher;

(d) Executive Director.

">IMMIGRATION (IDENTIFICATION OF IMMIGRANTS) REGULATIONS

(section 34)

(19th November, 1965)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Immigration officer may photograph, fingerprint, etc.

L.N. 56, 1965.

1. Citation

These Regulations may be cited as the Immigration (Identification of Immigrants) Regulations.

2. Immigration officer may photograph, fingerprint, etc.

An immigration officer may, for the purpose of ascertaining whether any person is or is not a prohibited immigrant, take or cause to be taken the photograph, fingerprint or palmprint of such person.

">IMMIGRATION REGULATIONS

(section 60)

(14th October, 2011)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

1. Citation

2. Interpretation

PART II
Immigration Procedures

3. Declaration upon arrival or departure

4. Prescribed diseases

PART III
Application for Permits

5. Application for visitor's permit

6. Application for permit

7. Issuance of permit

8. Renewal of permit

9. Issuance of emergency residence permit

10. Issuance of emergency work permit

11. Application for permanent residence permit

11A. Application for variation of permit

12. Application for certificate of exemption

13. Application for replacement of permit or certificate of exemption

14. Keeping of register

PART IV
Prohibited Immigrant

15. Security deposit by prohibited immigrant

16. Notice to undesirable immigrant

PART V
Appeals Procedure

17. Appeal on refusal to issue permit

18. Appeal against rejection to issue certificate of exemption

PART VI
Miscellaneous

19. Submission of returns

20. Offence and penalty

Schedule

S.I. 75,1968,
S.I. 87, 1972,
S.I. 90, 1975,
S.I. 35, 1976,
S.I. 120, 1980,
S.I. 109, 1982,
S.I. 144, 1983,
S.I. 16, 1992,
S.I. 122, 1993,
S.I. 32, 1996,
S.I. 75, 2001,
S.I. 54, 2002,
S.I. 22, 2004,
S.I. 85, 2011,
S.I. 66, 2012,
S.I. 21, 2016.

PART I
Preliminary (regs 1-2)

1. Citation

These Regulations may be cited as the Immigration Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires "visitor's permit" means a permit issued under section 19 of the Act.

PART II
Immigration Procedures (regs 3-4)

3. Declaration upon arrival or departure

Any person entering or leaving Botswana through a specified point of entry under section 4 of the Act, shall present himself or herself to an immigration officer and may be required—

(a) to complete—

(i) an arrival or departure form in Form I set out in the Schedule; and

(ii) a personal declaration to establish nationality in Form 2 set out in the Schedule or any such form as may be required by the immigration officer; or

(b) to furnish to the immigration officer such information as is necessary to enable the forms under paragraph (a) to be completed by the immigration officer in respect of such person.

4. Prescribed diseases

(1) A person who has undergone a medical examination under regulation 5 and is infected or afflicted with or suffering from any of the following diseases shall be declared an undesirable immigrant—

(a) favus;

(b) framboesia or yaws;

(d) scabies;

(e) syphilis;

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