Immigration law in South Sudan

Entry normally takes place through a designated point and requires the appropriate visa or entry permit. South Sudan issues single-entry and multiple-entry visas, eVisas, transit visas for up to 72 hours, and courtesy or diplomatic visas. Business and tourism applications can be made through an embassy or the eVisa system. For a family or personal visit, the host may need to obtain an entry permit. Official information about visa-free treatment for East African Community nationals is inconsistent, so the current position should be confirmed with DCNPI or the Ministry of Foreign Affairs before travel. A visa application commonly requires a signed form, a passport valid for at least six months with a blank page, a yellow-fever vaccination card, a photograph and evidence suited to the visit, such as an invitation, company registration, family entry permit, return ticket, address or bank funds. The eVisa process uses an online application and payment, with the PDF reportedly issued within 72 hours, while the Ministry of Foreign Affairs advises allowing at least seven working days. Processing times at individual missions can differ. A visa does not by itself create a right to remain beyond its conditions. Foreign employment generally requires an entry visa, a Ministry of Labour work permit and a residence permit. The labour authorities may approve foreign employment where the required skills are unavailable locally. The work permit must be valid, and the Labour Commissioner approves the employment contract. Employers are expected to give priority to South Sudanese nationals, with a stated minimum of 80% nationals where the relevant skills are available. The official work-permit application form lists a USD 100 fee, and the work-permit smart card is valid for one year. Residence permits determine how a foreign national may stay after entry. A Temporary Residence Permit covers periods of up to 12 months. An Ordinary Residence Permit can follow at least five years of continuous stay or more than two years of lawful stay combined with valuable scientific, technical or commercial activity, and is renewable in periods of two years. A Special Residence Permit can follow at least three years of continuous stay or more than five years of lawful stay combined with valuable activity, and is renewable in periods of five years. These permits can extend to a spouse or spouses, children and dependents. Tourists staying for no more than three months are outside the residence chapter, although they may still need a visa. A person with a Special or Ordinary Residence Permit can risk losing it after more than six months outside South Sudan unless a return visa applies. An absence exceeding one year can cause forfeiture despite a visa. Government missions are an exception. South Sudan has no separate autonomous permanent-residence or settlement status evidenced in the available law; the Special Residence Permit is the closest functional equivalent, but it remains renewable rather than permanent. No distinct current student-visa category was located. A 2019 Interior order accepts an admission letter for registration, but study-related practice remains fragmented. Refugee protection follows the Refugees Act 2012 and the Refugee Status Eligibility Regulations 2017. A protection claim may be made orally or in writing to the Commission for Refugee Affairs, UNHCR or Immigration. A person fleeing armed conflict, generalized violence or serious human-rights violations may receive a prima facie entry permit even without a passport, subject to approval by the Minister or another competent authority. Registration uses the Biometric Information Management System. An Asylum Seeker Certificate is valid for one year, while a refugee identity document is valid for three years. The non-refoulement principle protects a person from return to a place where the person faces the relevant danger. Registration and refugee services are free. Recognized refugees and their families receive the same protection, and family reunification applications go to the Eligibility Committee. A recognized refugee or family member with a valid refugee identity document may seek employment, although the work-permit process for refugees remains underdeveloped. The Eligibility Committee aims to decide refugee-status cases within 90 days and should provide written notice within 14 days. A negative decision can be appealed to the Refugee Appeals Board within 30 days, with late appeals possible for a justifiable reason. The Board aims to decide within 60 days and provide notice within 14 days, followed by a possible High Court appeal on facts or law. Applicants and their dependents may remain while an appeal is pending. Nationality may arise through birth, descent, membership of an indigenous community or domicile. Naturalization generally requires mature age, sound mind, ten years of continuous uninterrupted lawful residence, an intention to reside permanently, no serious or dishonesty-related conviction and an oath. A spouse of a South Sudanese national may qualify after five years of cohabiting residence without renouncing prior nationality. The President may waive the spouse residence period or grant nationality in the national interest. Applications can require written forms, supporting documents, fingerprints, photographs and witness or sworn statements. Incomplete evidence may be disregarded, requiring a new application. There is no general formal language or integration test located, but the oath and intention of permanent residence operate as practical integration requirements. Administrative duties include alien registration within three days, providing required particulars at entry and exit, notifying the authorities of an employer’s engagement within three days and reporting termination within 48 hours. Loss of a passport or identity document should be reported within 48 hours. Illegal entry or stay can lead to arrest without a warrant, refusal of entry or removal. Deportation can follow an undesirable-person declaration, breach of residence conditions, a court recommendation or conviction, illegal entry or illegal stay. A person may be detained or restricted to a specified place while removal is pending. Common published visa charges include USD 100 for a single visa, USD 200 for a three-month multiple-entry visa and USD 350 for a six-month multiple-entry visa, but reciprocity and exemptions vary. An official 2023/24 schedule also listed a 30-day entry permit at USD 20, a six-month registration sticker at USD 30, and resident permits or identity documents at USD 430 for one year, USD 840 for two years, USD 1,260 for three years and USD 1,680 for five years. Older schedules should not be treated as current; payment should be checked with the responsible authority. Immigration Act section 40 provides appeals against decisions of the Minister, the Directorate or another competent authority to the competent court. Section 30 describes the Minister’s decision on an undesirable person or deportation as final, creating a statutory tension that makes current legal advice particularly relevant. Nationality refusals should be given in writing and may be challenged administratively before the Minister within three months, followed by a High Court appeal within three months. A presidential nationality revocation may be challenged before the Supreme Court within three months.