Immigration law in Botswana

The immigration statute (Immigration Act Cap. 25:02), the Citizenship Act Cap. 01:01 and the amendments to nationality law of 2024 and 2025 form part of the legal basis. The main responsible authority is the Department of Immigration and Citizenship (Department of Immigration and Citizenship) within the Ministry of Labour and Home Affairs (Ministry of Labour and Home Affairs). Regional and district offices, diplomatic missions and consulates also process applications depending on the procedure. The Department of Labour and Social Security (Department of Labour and Social Security) is involved in work permits; the Ministry of Justice and Correctional Services (Ministry of Justice and Correctional Services) is responsible for refugee administration. Entry takes place through an authorised border crossing. Under the general rule, the passport should remain valid for at least six months. Whether a visa is required depends on nationality and existing agreements. Commonwealth nationals are generally visa-exempt, although Bangladesh, Cameroon, Ghana, India, Nigeria, Pakistan and Sri Lanka are among the exceptions. Entry visas can be applied for through eVisa, an embassy, a consulate or an immigration office. A visit may last no more than 90 days per calendar year; a visa issued at the border is valid for no more than 14 days. Visitor status does not permit work, services or sales. Business travel may cover meetings, negotiations, conferences or the assessment of an investment, but it does not automatically grant the right to work. Study requires admission, a study or research permit and financial support; where a visa is required, a study visa is also needed. For employment, a foreign worker needs a work permit and a residence permit, as well as an employment visa where a visa is required. Anyone staying in Botswana for longer than a visit generally needs a residence permit. Adults usually submit their own application using Form 15 and Form 3. Typical evidence includes a passport, birth or marriage certificate, photograph, maintenance or support declaration and bank statements. Students add admission, course-duration, sponsorship and fee evidence. Processing takes approximately 30 working days; fees depend on the category and the applicable tariff. For certain student and dependant cases, the official website states 1,500 BWP; the responsible authority should confirm the current tariff and any typographical errors. Depending on the case, a work permit requires a job advertisement, employment contract or offer, curriculum vitae, certified educational documents, passport and photographs. Additional professional clearances may be required for medical professions, nursing, teaching, engineering, pilots or certain sports fields. Investors typically provide bank evidence, lease or ownership documents, company registration, a business licence, company profile and information about employees. Processing takes approximately 14 working days. An extension should be prepared at least six months before expiry. A work permit alone replaces neither a residence permit nor a required visa. A permanent residence certificate (Permanent Residence Certificate) is generally considered after at least five years of lawful continuous residence, good character, sufficient means and a substantial contribution to Botswana. Employees and investors may have special routes before five years have elapsed. There is no automatic entitlement, however. The application uses Form 21 and evidence of previous permits, passport, maintenance and financial means. Investors must demonstrate, among other things, holdings, incorporation documents, financial statements, tax returns, lease or ownership evidence, business licence and payroll records. The official website states a fee of 3,000 BWP; older fee information may differ. Naturalisation generally requires at least ten years of total residence and twelve uninterrupted months immediately before the application in Botswana. Form L, police reports, an interview and evidence of residence, employment, finances and education form part of the procedure. The fee is 1,000 BWP. Official processing estimates differ, stating approximately one year or 18 months. The current rules on giving up a foreign nationality and on multiple nationality must be checked with the responsible authority because of the legislative changes of 2024 and 2025; the announced rules had most recently not been implemented uniformly across all public services. Spouses of Botswana citizens may generally use a separate procedure after five years of residence. It begins with Form K and, after a declaration, publication in the official gazette, a possible objection, an interview and a police report, leads to Form N. The waiting period may be shortened. Other procedures concern, among others, stateless persons or members of a local community after 20 years of lawful continuous residence, minor children of Botswana citizens, former citizens, adoption and registration. Refugee law is based on the Refugees (Recognition and Management) Act (Refugees (Recognition and Management) Act) of 2024. An asylum application proceeds through an authorised officer to the Botswana Refugees Committee (Botswana Refugees Committee); an appeal procedure before the Appeals Board (Appeals Board) is provided against the decision. The law regulates, among other matters, protection for families, identity documents, reception and settlement areas, duties, review, withdrawal, detention and expulsion. The Dukwi refugee camp is the main practical point of contact. A recognised refugee does not automatically receive every work- or residence-related permit; the requirements of immigration law must still be examined. The start of the law's application and the related regulations should be confirmed because public sources are inconsistent. Incomplete, false or contradictory information may lead to refusal or constitute a violation. Applicants should prepare certified copies, photographs, civil-status and police documents, financial evidence, admissions, employment documents and, where applicable, English translations and confirmation from the Botswana Qualifications Authority (Botswana Qualifications Authority). Visa and residence-permit conditions must be followed, and permits must be extended before expiry. If entry is refused, the reasons may be provided in writing; under the statutory framework, an appeal should generally be filed within three days at the nearest Magistrates Court (Magistrates Court). During this appeal, the person concerned may not be removed. Separate appeal or departure rules apply to refused residence applications.