I INTRODUCTION TO THE IMMIGRATION FRAMEWORK
Zambia is a landlocked country in southern Central Africa, surrounded by Angola, the Democratic Republic of the Congo, Tanzania, Malawi, Mozambique, Zimbabwe, Botswana and Namibia. Zambia has a population of 18.2 million people and, according to the United Nations, has one of the world's fastest-growing populations. Lusaka is the most populous city and also the administrative and economic capital. English is the country's official language, although Zambia has more than 70 other spoken indigenous languages. The national currency is the Zambian kwacha.
After becoming independent in 1964, Kenneth Kaunda was Zambia's first president. Elections in 1991 brought an end to one-party rule. The Zambian economy has historically been based on the copper mining industry. The abundance of natural wealth has led to continuous foreign involvement in the country. The Zambian government is pursuing an economic diversification programme to reduce the economy's reliance on the copper industry. This initiative seeks to exploit other components of Zambia's rich resource base by promoting agriculture, tourism, gemstone mining and hydropower.
Like many other African countries, Zambia is focusing on national development and is pushing for local-content regulation, known in the country as 'Zambianisation'. In this connection, the immigration policy of the Zambian Department of Immigration is based on the principles that foreign nationals, including those intending to settle in Zambia:
- must have a contribution to make in form of skills, profession or capital;
- should not deprive a Zambian of employment;
- should not be a charge on the state; and
- must be in possession of a permit.
i Legislation and policy
The Immigration and Deportation Act 2010, as amended (Act No. 19 of 2016), and the Immigration and Deportation (General) Regulations 2011, establish the immigration policies in the country, and serve to regulate the entry into and period of stay within Zambia of immigrants and visitors.
The Zambian Department of Immigration, under the Ministry of Home Affairs, regulates the entry and exit of persons and controls the stay of immigrants and visitors in the country. Because of the increase of work permit applications, the lack of capacity has become a challenge for the authorities, clearly affecting the processing times, and the effects of the new ZIMS online system remains to be seen. To address the increasing processing times, a separate processing unit solely issuing temporary employment permits (for short-term work), has been established. The processing time for this unit is approximately two weeks, which is impressive when compared with other African countries. That said, the application process for temporary employment permits will remain a manual process for the time being.
On the other hand, the process for obtaining employment permits (for long-term work) has become increasingly challenging because of Zambianisation. Recent political developments and practical experience have shown that this concept is a real force to be reckoned with and it significantly affects the manner in which officials exercise their discretion. The idea of Zambianisation has been known in the country since the days of President Kaunda, and it has returned to the political forefront more strongly in recent years.
In May 2017, revised guidelines for employment permits were published. The revised guidelines are aimed at enhancing the implementation of the Zambianisation policy. As the term 'Zambianisation' suggests to a certain extent, the government is looking at ways to include and strengthen local content rather than allowing foreign entities and their staff to enter the country, do business and extract their gains without Zambia benefiting proportionately.
Zambianisation measures are aimed at lowering the unemployment rate and increasing the availability of local skilled workers. Its goal is to place indigenous Zambians in managerial positions. Similar desires are shared by governments throughout the African continent, with a view to achieving full-scale industrialisation and ensuring actual inclusive growth. The concept's role has above-average importance in Zambia's immigration landscape. An actual Zambianisation Committee has been created and forms part of the Department of Labour, advising on and directly influencing labour policy adjustments.
Mr Rayford Mbulu, head of the Zambianisation Committee in 2011, and former Deputy Minister of Labour and Deputy Minister of Foreign Affairs, strikingly summarised the committee's intentions:
We are only going to accept expatriates with very rare skills that cannot be locally obtained. Even then, there should be understudies to transfer those rare skills to locals so that those people can quickly hand over to locals. Skills transfer will build capacity and will make Zambians excel.2
The Zambianisation policy reads as follows:
1. All employers must help the Government realize the implementation of the Zambianization Policy. At inception, employers shall indicate the maximum period for which any expatriate worker is required at the company. In the case of a professional job position, the Department of Immigration in consultation with the relevant professional body will make the final ruling on the maximum period.
2. Relevant professional bodies shall provide guidance regarding the periods required for a Zambian or any particular level of qualification and experience to assimilate the necessary skills to be able to take up a given position occupied by an expatriate. An employment permit shall not be extended beyond this period.
3. A copy of a succession plan clearly stating the names of those to understudy the expatriate should at all times be attached to such applications.
ii The immigration authorities
The Ministry of Home Affairs overlooks, approves and determines commencement dates for the acts and regulations concerning immigration. Under the Ministry, the Zambian Department of Immigration is responsible for facilitating and regulating the entry and exit of persons and controlling the stay of immigrants and visitors in the country to contribute to internal security and sustainable socioeconomic development. The Director General of Immigration, is responsible for the administration of the Immigration and Deportation Act and Regulations and the exercise of the Department's function as provided under Section 4 of the Immigration and Deportation Act 2010.
Other relevant authorities include:
- the Ministry of Commerce, Trade and Industry, which, as Zambia's principal government body responsible for administering national policy for private sector development, coordinates industrial, commercial and trade matters and liaises with various public and private sector organisations to facilitate the implementation of sector-specific government policies regarding trade and industry;
- the Zambia National Tourist Board;
- the Zambia Development Agency;
- the Patents and Companies Registration Agency;
- the Zambia Revenue Authority;
- the Zambia Police Service;
- the Central Statistical Office; and
- the Zambia Bureau of Standards.
iii Exemptions and favoured industries
Although, like most other African states historically focused on the exploitation of natural resources, Zambia favours the prospecting of minerals and mining, as the government seeks to diversify the economy, the following strategies are being pursued in key areas.
The government wants to ensure dynamic commercial private sector development and foster agro-based industries; it is also focusing on Zambia's strength in cotton production and encouraging forward integration of the cotton sector. The government has established agricultural land banks, which can be made available for commercial development.
Information and communication technology
To utilise Zambia's strengths in English language and educated youth, software development, call centres, e-education, computer assembly and peripherals assembly are among the priorities.
This sector is already playing a critical role, through the Victoria Falls, national safari parks and the country's security. The sector will be targeted for new investments. Land for hotels and tourist resort complexes are available. Movie tourism is another priority in this sector.
Health and medicine
The government is providing support with incentives for the private sector to drive development in this sector and to ensure that Zambia becomes a centre of excellence where Zambians and foreign nationals can seek specialised treatment. Hospitals, diagnostic centres and a range of medical and health areas have been declared economic priorities eligible for tax holidays.
The goal is for tertiary education (diploma and degree) to be driven by the private sector and to make Zambia a regional centre of excellence for education, for domestic and foreign students. Tax holidays are provided for setting up suitable educational establishments.
Banking and finance
Financial agencies are powerful conduits for attracting investment into the country. The challenge is to create a modern, dynamic financial sector and also encourage the participation of Asian financial institutions.
II INTERNATIONAL TREATY OBLIGATIONS
Zambia is party to several international treaties, of which two in particular should be mentioned: the Southern African Development Community (SADC) and the Common Market for Eastern and Southern Africa.
SADC is an inter-governmental organisation and regional economic community comprising 15 Member States: Angola, Botswana, Democratic Republic of the Congo, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe. It was established in 1992 and its goal is to further socioeconomic development and ensure political stability and security among its members.
In Botswana, in March 2017, the SADC Member States convened a First Consultative Meeting of Experts on free movement of persons in the SADC region and in Africa. The meeting served as a platform for discussions about the facilitation of movement of persons in the region, pursuant to the SADC Protocol on Free Movement of Persons, and also to support implementation of the African Union Agenda 2063, in relation to free movement of persons in Africa and the African Union Passport. It was concluded that, to implement these changes, the first step would be for those SADC Member States that have not signed, ratified and acceded to the SADC Protocol to finalise this process. It was also recommended that this implementation should be undertaken through a phased approach, recognising the complexity of the undertaking, the prevailing challenges and the need to harmonise relevant policies.
Agenda 2063, among other things, advocates political unity as the culmination of the integration process. The integration process includes the free movement of persons and the establishment of continental institutions leading to full economic integration by 2030. It is expected that there shall be consensus on the form of the continental government and institutions, and Africa will be a continent where there is free movement of people, capital, goods and services. This will result in significant increases in trade and investment among African countries, rising to unprecedented levels and strengthening Africa's place in global trade.
III THE YEAR IN REVIEW
In the past year, the government of Zambia continued with the implementation of the Seventh National Development Plan, 2017–2021, the strategic goal of which is to create a diversified and resilient economy for sustained growth and socioeconomic development. One of the five pillars that sustain the National Development Plan is economic diversification and job creation, which impinges directly on immigration policies.
In May 2017, the Zambian immigration authorities introduced new requirements for employment permit applications. The new requirements were effective immediately. The major changes affected the maximum term of validity of visas, which will now be determined on a case-by-case basis, where before visas were valid for two years. Also, employers must provide training programmes to contribute toward skills development of Zambian nationals upon the foreign national's departure; and, similarly to many other southern African countries, labour market tests must be conducted by advertising the position in at least two leading newspapers for 14 to 30 calendar days, among other things, as noted below in more detail.
According to the Department of Immigration, the following requirements will continue to affect individuals seeking work authorisation for periods longer than six months:
- Application filing: the application must be submitted while the foreign national is still out of the country, by the employer's human resources (HR) department or a duly authorised immigration consulting firm (proper authorisation will need to be provided at the time of filing). Although this has always been a requirement, it is now strictly enforced.
- Zambianisation policy: when a foreign national is hired, he or she is expected to train a local individual to perform the same duties once the foreign national's assignment ends. A copy of the succession plan (training programme), including the names of the understudies, must be provided at the time of filing. In the case of professional job positions, the immigration authorities will consult with the professional body to decide on the maximum stay allowed for the foreign national. Once this is determined, extensions beyond the permitted stay will not be allowed. Although this has always been a requirement, it is now strictly enforced.
- Maximum validity period: validity of employment permits will no longer be limited to two years, and will be determined on a case-by-case basis. The authorities will assess aspects such as size of the project, level of investment and stage of development when deciding the validity period of the permit. For mining companies, the Immigration Permits Committee (IPC) will consider the development of Zambian mines when determining the validity period of the permits.
- Periodic labour audits: quarterly audits will be conducted by the IPC and the Ministry of Labour to ensure that the employer is maintaining a reasonable ratio of Zambian nationals to foreign nationals in compliance with the law. Although there is no specific quota establishing this ratio, the authorities will review this case by case.
- Subcontracting of foreign companies: local companies that are sub-contracting the work of foreign companies must provide the organisational structures of both companies to the authorities upon submission of applications for employment permits.
- Appeals to the Honourable Minister of Home Affairs: the minister has the discretion to decide which cases to consider on appeal.
- Government-to-government contracts: contractors involved in contracts between the government of Zambia and the government of another country will be required to submit the contract to the Engineering Institution of Zambia, including the list of foreign nationals who will be brought in for the technical aspects of the project.
- Labour market test: employers are now required to ensure that there are no local individuals who can perform the duties for which the foreign national will be employed. Employers must advertise the position in at least two leading newspapers for a reasonable time frame – about 14 to 30 calendar days. Copies of the advertisements must be submitted at the time of the application.
IV EMPLOYER SPONSORSHIP
Employers wishing to hire a foreign national in Zambia are required to comply with the immigration law of Zambia pursuant to the Immigration and Deportation Act 2010, under which business visas and work permits were created.
A Zambian employer may only employ foreign workers after proving they have been unable to find a Zambian to fill the role. The newly implemented changes regarding employment permit applications facilitate the application process for employers, making it more comprehensive; however, applications will now require additional planning from the sponsoring entity. Employers are expected to contribute towards skills development of Zambian nationals by providing succession plans for the foreign national's departure. Further, employers should expect quarterly audits to verify compliance with the law.
i Work permits
Work permits of different types are issued to foreign nationals wishing to engage in employment in Zambia, whether in gainful employment for a short term or long term, for voluntary service or as a business visitor. For long-term work, an employment permit is issued where the employer has been unable to recruit a Zambian for that particular role (see below for further details). Note that, unlike visas in many other countries in the world, a Zambian business visa allows the holder to perform work.
Zambian business visas are issued for the purposes of business prospecting, attending conferences, meetings and actual work. The immigration authorities have created three types of traveller category for visitor visas:
- non-visa-exempt but able to obtain a visa at the port of entry upon payment of the prescribed visa fee or from a Zambian diplomatic mission prior to travel; and
- required to obtain a visa through a Zambian diplomatic mission prior to travel, as prescribed by Section 24 of the Zambian Immigration and Deportation Act 2010.
Applicants who hold a passport from a country not included in the list given for categories (a) and (b) above have to apply for a visa prior to travelling to Zambia.4 Applications are to be made at the Zambian diplomatic mission in their country of residence.
Business visas are valid for a maximum of 30 days per 12-month period. The holder can either use these 30 days in one trip or spread them throughout the year; in this context, the applicable 12-month period is not necessarily a calendar year, but rather one year from the time the business visa was first granted.
A Zambian business visa grants the holder permission to perform more than the traditional activities (business prospecting, attending conferences and meetings), as the following is communicated by the Zambian Ministry of Home Affairs:
A business visitor is a person who comes to Zambia to attend meetings, conferences, arranging of business transactions and the signing of contracts and includes; an overseas worker, who is paid by an employer abroad or a volunteer, who comes to Zambia for a short period, to work, offer a service, install, erect, repair or service foreign made machinery or equipment; a person who comes to Zambia to advise on the development of new computer systems or information technology; or the provision of any service constituting advice, training or learning by observation or in a classroom.5
Temporary employment permit
The temporary employment permit,6 which is also known as a 'short-term work permit' in Zambia, must be applied for while outside the country, unless on a valid business visa. This permit is issued to any business visitor intending to remain in Zambia for a period exceeding 30 days. This permit is issued for three months and can be renewed once more, up to a maximum of six months over a 12-month period. The most crucial document for the temporary employment permit is a covering letter to the Director General of Immigration from the employer indicating the nature of work, accepting responsibility for the foreign worker, justifying the requirement for a foreign national to bring the project to a successful completion and the anticipated duration of the work to be performed. The applicant will be issued with a booklet. The temporary employment permit grants the right to work and reside in Zambia.
An advantage for businesses looking to enter Zambia is the fact that changing from a business visa to a temporary employment permit is allowed from within Zambia. On the other hand, changing from a temporary employment permit to an employment permit in Zambia is not possible while in the country. When the initial business visa has been obtained (valid for 30 days) the application for the short-term work permit can be submitted. As it is processed within two weeks, the applicant has plenty of time to have the application for a temporary employment permit adjudicated while on a valid business visa.
Employment permits7 in Zambia are known as 'long-term work permits', as in most African countries. These permits are issued to foreign nationals who enter the country to take up employment for a period longer than six months and can be extended for a further period up to a maximum of 10 years from the date of issue. Crucially, an employment permit must be applied for while the applicant is outside Zambia.8
The most important documents to be submitted to obtain an employment permit are the employment offer, degrees and qualifications, registration with the professional body (if applicable), transfer-of-skills plan and original press advertisements, which must have appeared in two leading newspapers at A5 size.9 Recently, the authorities have requested proof of health insurance from employment permit applicants. This new requirement has not yet been implemented as a legal formality and at present is only being requested as a practical consideration.
The employment permit is determined on a case-by-case basis. The authorities will assess the levels of investment, size and mechanisation of different companies, coupled with the varying periods required for transfer of certain skills, especially of a technical nature. Notwithstanding the foregoing, the IPC shall conduct regular inspections of the companies to ascertain the stages of development. In the case of mining companies, the IPC shall make use of information in relation to the levels of development of Zambian mines, to be provided by the Ministry of Mines.
The applicant cannot submit the application in person; he or she is obliged to work with either a registered immigration practitioner or have the employer in Zambia arrange the process. Qualifying members of HR departments in Zambia can register with the Immigration Board and be authorised to submit applications to the Department of Immigration on behalf of applicants. The immigration authorities may request to conduct a site visit before considering an application, in which case the Department of Immigration will then issue a letter, which the Zambian entity must present to officials at the nearest Regional Immigration Office.
As soon as the employment permit is issued, the applicant will be issued with an official approval letter. This letter allows the applicant to travel into Zambia and his or her passport will be endorsed with a normal entry stamp at the port of entry. With this entry stamp, the successful applicant can enter Zambia and visit the Department of Immigration in Lusaka. Subsequently, the employment permit shall be endorsed. For the collection of the first long-term work authorisation, the authorities demand the applicant to collect the employment permit in person. He or she must sign for its receipt. The endorsement only takes a few hours and the applicant can leave with the passport the same day.
To extend or renew an employment permit, a process called 'variation' has to be followed. Whereas in some countries, such as Namibia and South Africa, a renewal or change of employer would only be possible after following the same process in an entirely fresh application, in Zambia all that is required are the new company's registration documents, letter of justification and related contract of employment. In the case of an extension of an employment permit, it is highly recommended to include a justification for the extended presence of a foreign national, and specifically why sourcing and training a local to replace the foreign national, in line with the Zambianisation policy, has proved to be impossible.
Zambia does not have a formal process for departure notifications. However, applications for work permits are accompanied by undertakings from employers accepting responsibility for deportation and related costs should they be incurred. In practice, it is best to have a letter stating that the employee is leaving the employer's company date stamped by a Ministry of Home Affairs official. Should it become necessary, this letter can serve as documentation to avoid responsibility for any actions from the former employee leading to financial consequences.
Other relevant permits
Study permits10 are issued to foreign nationals who come to study at a recognised learning institution in Zambia.11 Applicants must submit their applications while outside the country. Although the law is not specific on this aspect, all children older than seven years who attend any school or tertiary education must apply for a study permit. Acceptance letters from registered learning institutions are the crucial documents in this context.
Spouse permit (accompanying spouse and minor children)
The spouse12 of a foreign main applicant can apply for an accompanying spouse permit;13 however, the spouse may only work in Zambia if he or she qualifies in his or her own right for a work permit, independently of the main applicant. Accompanying minor children may also apply for this permit, in which case an unabridged birth certificate (showing the parent's details) must be submitted to establish the relationship between the foreign main applicant and the dependants.
Residence permit (permanent residence)
Permanent residence in Zambia can be obtained by a person who has been on valid employment permits for at least 10 years or by applicants who have held an investor's permit for more than three years. Holders of spouse permits qualify for permanent residence after five years. Children of residence permit holders and Zambians and retirees also qualify for the residence permit.14
ii Labour market regulation
In Zambia, the labour market regulatory framework is administered through a number of items of legislation. The legislation governing the rights and obligations of employers and employees is mainly comprised of the Employment (Amendment) Act No. 15 of 2015 and the Industrial and Labour Relations Act (Cap. 269) No. 30 of 1997. The Employment Act, Chapter 268, is the basic employment law, while the Minimum Wages and Conditions of Employment Act makes provision for the regulation of minimum wage levels and minimum conditions of employment.
Labour laws provide for extremely generous severance pay, leave and other benefits to workers. These rules do not apply to personnel hired on a short-term basis. As such, the vast majority of Zambian employees are hired on an informal or short-term basis. In July 2012, the government revised the Minimum Wages and Conditions of Employment Act, Cap. 276, of the Laws of Zambia for various categories of workers following the amendment of statutory instruments.
Labour laws in Zambia apply to everyone within the country, including non-Zambians. These laws have evolved over a long period. As the economy grows and new challenges emerge, amendments to some of the laws have become necessary. Issues regarding hiring and termination of employment, as well as minimum wages, have been among the most critical issues to have undergone various adjustments.
The Employment Act covers employment and labour-related issues. While the law recognises the right of workers to form and join independent unions, conduct legal strikes and bargain collectively, there are statutory restrictions limiting these rights. The government generally protects unions' right to conduct their activities without interference. All categories of workers except police and military are free to form or join unions.
Regarding tax liability, based on the legislation, and irrespective of whether an individual is tax resident in Zambia, any income earned (including cash and non-cash benefits) from duties performed in Zambia, by virtue of the expatriates' employment, will be liable to tax in Zambia, unless a double-tax treaty applies. Expatriates are subject to the normal pay-as-you-earn regulations. Further, if expatriates are deemed to be residents in Zambia, any foreign investment income arising is subject to tax in Zambia.
Regarding social security, under the provisions of the National Pension Scheme Authority (NAPSA) Act, every person who is employed by a company that is registered with NAPSA is required to be registered as a member of the scheme. This registration is mandatory for all expatriates. Previously, NAPSA did not enforce collection of NAPSA contributions from expatriates. However, now only an employee of an international organisation who is not a citizen of Zambia is exempt.
An employer is allowed to terminate a contract of service on grounds of redundancy. However, before terminating a contract of service on these grounds, the employer is required by the Employment Act to fulfil certain conditions, one of which is to notify the employee's trade union. The Employment Act makes a clear distinction between discharge and severance. If an employee is summarily dismissed, he or she shall be paid upon dismissal the wages and allowances due up to the date of the dismissal. The government formally permits employment of expatriate labour only in sectors where there is scarcity of local personnel, but investors promoting large-scale investments can negotiate the number of work permits that they can obtain from the Department of Immigration to employ expatriates.
Other internationally recognised fundamental labour rights, including the elimination of forced labour, child labour employment and discrimination; a minimum wage; occupational safety and health; and weekly work hours are all recognised under domestic law, but enforcement is often weak.
iii Rights and duties of sponsored employees
Foreigners that are granted an employment permit have the right to work and reside in Zambia for the duration of the validity of the permit. The holder of the permit and the holder's spouse and minor children can enter multiple times and stay for the duration of the work permit until it expires, unless they become a prohibited immigrant. Thus, as in, for instance, South Africa or Namibia, the work permit also confers the right to reside. A Zambian employment permit will not be valid for a duration longer than that of the validity of the permit holder's passport.
All applications for a Zambian work permit must be made outside the country and the individual intending to take up work in Zambia may only arrive in the country after the work permit has been approved. The only exceptions to this are in the case of government employees, volunteers and missionaries, who may apply for their permits while in the country.
It is an offence to commence work without a valid employment contract, or to change employer or occupation before the permit is approved. Work permit applications cannot be made for HR positions. The Department of Immigration does monitor foreign nationals granted work permits and if permit holders are found not to be doing the job specified on their permit, they are usually fined and sometimes permits are revoked.
V INVESTORS, SKILLED MIGRANTS AND ENTREPRENEURS
An investor's permit15 is issued to a foreign national intending to establish a business or invest in Zambia, or who has established or invested in a business in Zambia. An investor's permit may be issued to the applicant while in or outside the country. The permit allows the holder, and the holder's spouse and minor children to enter and re-enter and to remain in Zambia until the permit expires. An application to vary the conditions or period of validity of this permit may be made to the Director General of Immigration.
Obtaining an investor's permit in Zambia is a multi-step process. First, an investment licence must be obtained from the Zambian Development Agency. This is, in essence, the permission to perform the proposed investment, and is granted after the business plan setting out the investment's anticipated effect on Zambia, the labour market and the economy as a whole has been studied and a positive assessment made.
Second, and most importantly, the applicant has to prove the availability of a predetermined amount of funds. Currently, if forming his or her own company, the investor should have at least US$250,000; if joining an existing company registered in Zambia,16 the required amount is US$150,000. Thereafter, an application to the Immigration Department, with proof of actual investment, must be made.
VI OUTLOOK AND CONCLUSIONS
The Zambia immigration system, like that of many other African countries, is focusing on local skills development, which in Zambia is known as Zambianisation. Before hiring a foreign national, every employer – and prospective employees taking up an offer of employment – must be very aware of the Zambianisation policy, and must pay extra attention to the transfer-of-skills plan.
Notwithstanding that, Zambia is one of the few countries in the world to allow work to be performed by the holder of a business visa. This policy is quite a modern approach and it makes the process of obtaining the business visa fast and transparent.
Generally, the only government body involved in the immigration process is the Department of Immigration (except in the case of the investor permit application, which requires the involvement of the Zambian Development Agency in Lusaka).
A registration with a professional body is required for certain professions, such as accountants and engineers. The relevant professional body shall also provide guidance regarding the periods required for a Zambian of a particular level of qualification and experience to assimilate the necessary skills to be able to take up a position occupied by an expatriate.
The Department of Immigration is clear on the requirements for the submission of applications and companies should only engage either suitable HR personnel or registered immigration consultants to process immigration permits for their expatriate employees.
1 Andreas Krensel is managing director of IBN Immigration Solutions.
2 'Government to resurrect KK's Zambianisation programme', Lusaka Times (30 November 2011), at https://www.lusakatimes.com/2011/11/30/government-resurrect-kks-zambianisation-programme/.
3 Nationals of the following countries do not require visas to enter Zambia: Anguilla, Antigua and Bermuda, Australian Antarctic Territory, Bahamas, Barbados, Belize, Bermuda, Botswana, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Channel Islands, Cyprus, Dominica, Falkland Islands, Falkland Islands Dependencies, Fiji Islands, Gibraltar, Grenada, Hong Kong, Ireland, Isle of Man, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Marshall Islands, Mauritius, Montserrat, Mozambique, Namibia, Nauru, Niue, Norfolk Island, Pitcairn Islands, Romania, Ross Dependency, St Helena, St Kitts and Nevis, St Lucia, St Vincent and Grenadines, Samoa, Serbia-Montenegro, Seychelles, Singapore, Solomon Islands, South Africa, Swaziland, Tanzania, Tokelau, Tonga, Trinidad and Tobago, Tuvalu, Turks and Caicos Islands, Uganda, Vanuatu, Western Samoa and Zimbabwe.
4 Nationals of the following countries require a visa prior to travel: Afghanistan, Algeria, Armenia, Azerbaijan, Bahrain, Bangladesh, Benin, Burkina Faso, Cameroon, Central Africa Republic, Chad, China, Egypt, Ethiopia, Equatorial Guinea, Gabon, Gambia, Guinea Bissau, Guinea Conakry, India, Indonesia, Iran, Iraq, Ivory Coast, Jordan, Kuwait, Kyrgyzstan, Lebanon, Liberia, Libya, Macau, Mali, Mauritania, Morocco, Nepal, Niger, Nigeria, North Korea, Oman, Pakistan, Palestine, Papa New Guinea, Philippines, Qatar, Saudi Arabia, Senegal, Sierra Leone, Sri-Lanka, Somalia, South Sudan, Sudan, Syria, Taiwan, Tajikistan, Timor-Leste (East Timor), Togo, Tunisia, Turkmenistan, Uzbekistan, and Yemen.
6 Section 28 of the Immigration and Deportation Act 2010.
7 Section 28 of the Immigration and Deportation Act 2010.
8 According to the Immigration and Deportation Act 2010, Section 21(7), a foreign national may, while in Zambia, apply to the Director General of Immigration, on the prescribed form, to change that foreign national's status under any particular temporary residence permit to another temporary residence permit or to a residence permit, or to change the conditions attached to the temporary residence permit, or to change both the status of the foreign national and conditions attaching to the permit, as the case may be.
9 As directed in the Immigration and Deportation (Amendment) Act 2016.
10 Section 26 of the Immigration and Deportation Act 2010.
11 Recognised learning institutions are those that are registered with the Ministry of Education and the Ministry of Science and Technology.
12 As in most other African states, life partnerships and homosexual marriages are not recognised in Zambia; therefore, spousal dependent passes are only available to those in heterosexual relationships.
13 Section 23 of the Immigration and Deportation Act 2010.
14 Section 27(7) of the Immigration and Deportation Act 2010.
15 Section 29 of the Immigration and Deportation Act 2010.
16 Registration is handled by PACRA (Patents and Companies Registration Agency) – the Zambian equivalent of the South African Companies and Intellectual Property Commission.