Marriage does not always mean that husband and wife share the same nationality. A Zambian citizen may marry a South African, Zimbabwean, Kenyan, British, American or a citizen of any other country. When the couple decides to establish their home in Zambia, an important legal question arises:
– On what basis can the foreign spouse lawfully reside in Zambia?
– One of the immigration options available in appropriate circumstances is a Spouse Permit.
WHAT DOES A SPOUSE PERMIT DO?
A Spouse Permit provides qualifying foreign spouses with a legal basis to reside in Zambia. It can therefore be particularly important for cross-border families who wish to establish their family life in Zambia without depending indefinitely upon short-term immigration arrangements. But obtaining permission to reside in Zambia raises another important question. Does permission to live in Zambia automatically mean permission to work in Zambia?
Not necessarily.
RESIDENCE AND EMPLOYMENT ARE DIFFERENT QUESTIONS
A Spouse Permit grants residence rights. However, a foreign spouse should not simply assume that the permit automatically authorises local employment. Where the holder intends to work for a company in Zambia, the appropriate work authorisation or endorsement may also be required. The distinction is important; The right to reside in Zambia and the right to undertake local employment are not necessarily the same thing. Before accepting employment, the permit holder should therefore establish whether the necessary immigration authority to work is in place.
WHAT IF YOUR EMPLOYER IS OUTSIDE ZAMBIA?
Modern employment arrangements make this question increasingly interesting.
A person may reside with their Zambian spouse while:
• working remotely for an employer outside Zambia;
• maintaining employment in another country;
• travelling periodically for work; or
• working rotational shifts outside Zambia and returning home between rotations.
Such arrangements may be possible, but the individual should still pay attention to the conditions attached to the permit, applicable travel requirements and any relevant tax obligations.
Immigration status should therefore be considered alongside the person’s actual working and travel arrangements.
WHAT HAPPENS AFTER YOU GET THE PERMIT?
The initial application should not be the end of the family’s immigration planning.
Important questions may include:
• How long is the permit valid?
• When should renewal be commenced?
• Are there conditions affecting travel?
• What happens if the holder’s circumstances change?
• What additional authority is required if the spouse wishes to work locally?
• Could the spouse eventually qualify for Permanent Residence?
These questions are easier to address before a problem arises.
THE DAC COMMENT
At Dzekedzeke and Company, we believe immigration law should facilitate lawful family life while ensuring that foreign nationals understand the conditions attached to their immigration status. A Spouse Permit can provide an important legal foundation for a foreign spouse wishing to establish a home in Zambia. But one principle should always be remembered. Permission to reside should not automatically be confused with permission to work. For international couples, good immigration planning therefore means looking beyond the permit itself and considering residence, employment, travel, renewal and, where appropriate, the longer-term pathway towards Permanent Residence.
For legal advice on Spouse Permits, immigration applications, permit renewals, work authorisation, travel-related applications and Permanent Residence in Zambia, contact Dzekedzeke and Company. For legal advice, contact Dzekedzeke and Company.
